an unanticipated consequence of
Jack M. Balkin
Jack Balkin: jackbalkin at yahoo.com
Bruce Ackerman bruce.ackerman at yale.edu
Ian Ayres ian.ayres at yale.edu
Mary Dudziak mary.l.dudziak at emory.edu
Joey Fishkin joey.fishkin at gmail.com
Heather Gerken heather.gerken at yale.edu
Mark Graber mgraber at law.umaryland.edu
Stephen Griffin sgriffin at tulane.edu
Bernard Harcourt harcourt at uchicago.edu
Scott Horton shorto at law.columbia.edu
Andrew Koppelman akoppelman at law.northwestern.edu
Marty Lederman marty.lederman at comcast.net
Sanford Levinson slevinson at law.utexas.edu
David Luban david.luban at gmail.com
Gerard Magliocca gmaglioc at iupui.edu
Jason Mazzone mazzonej at illinois.edu
Linda McClain lmcclain at bu.edu
John Mikhail mikhail at law.georgetown.edu
Frank Pasquale pasquale.frank at gmail.com
Nate Persily npersily at gmail.com
Michael Stokes Paulsen michaelstokespaulsen at gmail.com
Deborah Pearlstein dpearlst at princeton.edu
Rick Pildes rick.pildes at nyu.edu
Alice Ristroph alice.ristroph at shu.edu
Brian Tamanaha btamanaha at wulaw.wustl.edu
Mark Tushnet mtushnet at law.harvard.edu
Adam Winkler winkler at ucla.edu
Some excerts from Seymour Hirsch's new book, Chain of Command
But the interrogations at Guantánamo were a bust. Very little useful intelligence had been gathered, while prisoners from around the world continued to flow into the base, and the facility constantly expanded. The CIA analyst had been sent there to find out what was going wrong. He was fluent in Arabic and familiar with the Islamic world. He was held in high respect within the agency, and was capable of reporting directly, if he chose, to George Tenet, the CIA director. The analyst did more than just visit and inspect. He interviewed at least 30 prisoners to find out who they were and how they ended up in Guantánamo. Some of his findings, he later confided to a former CIA colleague, were devastating.
"He came back convinced that we were committing war crimes in Guantánamo," the colleague told me. "Based on his sample, more than half the people there didn't belong there. He found people lying in their own faeces," including two captives, perhaps in their 80s, who were clearly suffering from dementia. "He thought what was going on was an outrage," the CIA colleague added. There was no rational system for determining who was important.
"I was told," a senior intelligence official recalled, "that the military guards were slapping prisoners, stripping them, pouring cold water over them, and making them stand until they got hypothermia. The agents were outraged. It was wrong and also dysfunctional." The agents put their specific complaints in writing, the official told me, and they were relayed, in emails and phone calls, to officials at the department of defence, including William J Haynes II, the general counsel of the Pentagon. As far as day-to-day life for prisoners at Guantánamo was concerned, nothing came of it.
There was, obviously, a difference between the reality of prison life in Guantánamo and how it was depicted to the public in carefully stage-managed news conferences and statements released by the administration. American prison authorities have repeatedly assured the press and the public, for example, that the al-Qaida and Taliban detainees were provided with a minimum of three hours of recreation every week. For the tough cases, however, according to a Pentagon adviser familiar with detainee conditions in mid-2002, at recreation time some prisoners would be strapped into heavy jackets, similar to straitjackets, with their arms locked behind them and their legs straddled by straps. Goggles were placed over their eyes, and their heads were covered with a hood. The prisoner was then led at midday into what looked like a narrow fenced-in dog run - the adviser told me that there were photographs of the procedure - and given his hour of recreation. The restraints forced him to move, if he chose to move, on his knees, bent over at a 45-degree angle. Most prisoners just sat and suffered in the heat.
One of the marines assigned to guard duty at Guantánamo in 2003, who has since left the military, told me, after being promised anonymity, that he and his enlisted colleagues at the base were encouraged by their squad leaders to "give the prisoners a visit" once or twice a month, when there were no television crews, journalists, or other outside visitors at the prison.
Do you believe this is more true than false?
Do you believe President Bush and his cabinet members are aware of what is generally taking place?