Torture planning began in 2001, Senate report reveals

The former Air Force general and chairman of the Joint Chiefs of Staff, Richard Myers, helped quash dissent from across the U.S. military as the Bush administration first set up a brutal interrogation regime for terrorism suspects, according to newly public documents and testimony from an ongoing Senate probe.

In late 2002, documents show, officials from the Army, Navy, Air Force and Marine Corps all complained that harsh interrogation tactics under consideration for use at the prison in Guantánamo Bay might be against the law. Those military officials called for further legal scrutiny of the tactics. The chief of the Army's international law division, for example, said in a memo that some of the tactics, such as stress positions and sensory deprivation, "cross the line of 'humane treatment'" and "may violate the torture statute."

Myers, however, agreed to scuttle a plan for further legal review of the tactics, in response to pressure from a top Pentagon attorney helping to set up the interrogation program for then-Secretary of Defense Donald Rumsfeld.

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When Donald Rumsfeld heard about plans to force detainees at Guantánamo Bay to stand for hours on end, in order to soften them up and make them talk to U.S. interrogators, he made a joke about it. "I stand for 8-10 hours a day," the then-defense secretary wrote on Dec. 2, 2002, at the bottom of a memo authorizing military officials to use extreme techniques against prisoners. "Why is standing limited to 4 hours?"

As a newly released Senate Armed Services Committee report makes clear, the effects of Rumsfeld's cavalier attitude toward what the report calls "detainee abuse" -- and what international law would probably call torture -- didn't just stop at the military prison on Cuba. The techniques Rumsfeld approved for use at Guantánamo oozed into prisons in Afghanistan and Iraq, undermining decades of U.S. policy about humane treatment of detainees and leading to some of the worst outrages of the Bush administration, including the Abu Ghraib abuses, which Salon has covered extensively.

"The abuse of detainees at Abu Ghraib in late 2003 was not simply a result of a few soldiers acting on their own," the Senate report says. "Interrogation techniques such as stripping detainees of their clothes, placing them in stress positions and using military working dogs to intimidate them appeared in Iraq only after they had been approved for use in Afghanistan and at [Guantánamo] ... Rumsfeld's authorization of aggressive interrogation techniques and subsequent interrogation policies and plans approved by senior military and civilian officers conveyed the message that physical pressures and degradation were appropriate treatment for detainees in U.S. military custody. What followed was an erosion in standards dictating that detainees be treated humanely."

The Bush administration, including Rumsfeld, all treated Abu Ghraib as the actions of a few rogue soldiers. Eleven enlisted personnel were convicted of crimes because of the way they treated Iraqis held there; the longest sentence, 10 years, went to former Cpl. Charles Graner. (One officer, Lt. Col. Steven Jordan, was convicted of disobeying an order not to discuss the case, but acquitted on more serious charges.) But the Senate investigation, completed last fall but only released this week, found the abuses there -- forcing prisoners into "stress positions," stripping them naked, menacing them with dogs -- were directly inspired by similar behavior top administration officials had already approved elsewhere.

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To set up the torture program, the Department of Defense and the CIA reverse engineered something called SERE training, which was conducted by the JPRA. Based on Cold War communist techniques used to force false confessions, in SERE school elite U.S. troops undergo stress positions, isolation, hooding, slapping, sleep deprivation and, until recently, waterboarding to simulate illegal tactics they might face if captured by an enemy who violated the Geneva Conventions.

In either December 2001 or January 2002, two psychologists affiliated with the SERE program, James Mitchell and Bruce Jessen, developed the first written proposal for reverse engineering the training for use on al-Qaida suspects. Their paper made its way to the Joint Staff. (Salon first zeroed in on the pair in a June 2007 article.) The military also then began discussions at that time about using the ideas at Guantánamo.

In early March 2002, Jessen began two-week, "ad-hoc 'crash'" courses for training government interrogators slated for Guantánamo. The courses therefore began before the allegedly uncooperative Zubaydah was ever captured, and Zubaydah was the first allegedly high-level al-Qaida operative in U.S. custody after 9/11.

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