How the Post 9/11 Fever Led Our National Security Complex Beyond Accountability for its Crimes
A man crosses the Central Intelligence Agency logo in the lobby of CIA Headquarters in Langley, Virginia, in 2008. A former CIA official who publicly confirmed the waterboarding of top Al-Qaeda operative Abu Zubaydah was charged Monday with leaking classified information to journalists, including the identities of two CIA officers.
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Here is what military briefers like to call BLUF, the Bottom Line Up Front: no one except John Kiriakou is being held accountable for America’s torture policy. And John Kiriakou didn’t torture anyone, he just blew the whistle on it.
In a Galaxy Far, Far Away
A long time ago, with mediocre grades and no athletic ability, I applied for a Rhodes Scholarship. I guess the Rhodes committee at my school needed practice, and I found myself undergoing a rigorous oral examination. Here was the final question they fired at me, probing my ability to think morally and justly: You are a soldier. Your prisoner has information that might save your life. The only way to obtain it is through torture. What do you do?
At that time, a million years ago in an America that no longer exists, my obvious answer was never to torture, never to lower oneself, never to sacrifice one’s humanity and soul, even if it meant death. My visceral reaction: to become a torturer was its own form of living death. (An undergrad today, after the “ enhanced interrogation” Bush years and in the wake of 24, would probably detail specific techniques that should be employed.) My advisor later told me my answer was one of the few bright spots in an otherwise spectacularly unsuccessful interview.
It is now common knowledge that between 2001 and about 2007 the United States Department of Justice (DOJ) sanctioned acts of torture committed by members of the Central Intelligence Agency and others. The acts took place in secret prisons (“ black sites”) against persons detained indefinitely without trial. They were described in detail and explicitly authorized in a series of secret torture memos drafted by John Yoo, Jay Bybee, and Steven Bradbury, senior lawyers in the DOJ's Office of Legal Counsel. (Office of Legal Counsel attorneys technically answer directly to the DOJ, which is supposed to be independent from the White House, but obviously was not in this case.) Not one of those men, or their Justice Department bosses, has been held accountable for their actions.
Some tortured prisoners were even killed by the CIA. Attorney General Eric Holder announced recently that no one would be held accountable for those murders either. “Based on the fully developed factual record concerning the two deaths,” he said, “the Department has declined prosecution because the admissible evidence would not be sufficient to obtain and sustain a conviction beyond a reasonable doubt.”
Jose Rodriguez, a senior CIA official, admitted destroying videotapes of potentially admissible evidence, showing the torture of captives by operatives of the U.S. government at a secret prison thought to be located at a Vietnam-War-era airbase in Thailand. He was not held accountable for deep-sixing this evidence, nor for his role in the torture of human beings.
John Kiriakou Alone
The one man in the whole archipelago of America’s secret horrors facing prosecution is former CIA agent John Kiriakou. Of the untold numbers of men and women involved in the whole nightmare show of those years, only one may go to jail.
And of course, he didn’t torture anyone.
The charges against Kiriakou allege that in answering questions from reporters about suspicions that the CIA tortured detainees in its custody, he violated the Espionage Act, once an obscure World War I-era law that aimed at punishing Americans who gave aid to the enemy. It was passed in 1917 and has been the subject of much judicial and Congressional doubt ever since. Kiriakou is one of six government whistleblowers who have been charged under the Act by the Obama administration. From 1917 until Obama came into office, only three people had ever charged in this way.