No Comment — April 2, 2010, 2:39 pm

Disappearing Act

On Monday, in a post entitled “Inside the Salt Pit,” I noted that the identity of the CIA agent who managed the Salt Pit at the time of Gul Rahman’s death in 2003 was, perhaps inadvertently, disclosed in filings submitted on behalf of Judge Jay Bybee to the Justice Department, which were posted at the Judiciary Committee’s website. As Jane Mayer notes at the New Yorker, the page with the disclosure has now been modified and the name redacted. This vanishing act achieves very little in fact, since the page exists in thousands of copies. But it does suggest the Agency’s zeal in “disappearing” unpleasant facts.

The Bybee letter gives us a glimpse at how the Justice Department handled a matter which offered every prospect of embarrassing them. Here’s how Mayer describes it:

The Bybee document reflects arguments made by lawyers in the Bush Justice Department, who held that, despite Rahman’s death, the “manager of the Saltpit site” should not be prosecuted for torture, because he lacked the requisite criminal intent. According to the Bush Administration’s interpretation, the site manager had not intended for Rahman to “suffer severe pain from low temperatures in his cell,” and was therefore not criminally liable for the accidental death.

Note that the declination, issued by politically loyal U.S. attorneys who were subsequently rewarded with high postings at Main Justice, carefully follows the rationalizations that Yoo and Bybee advanced for not prosecuting deaths or serious physical harm resulting from state-sanctioned torture. But the obvious problem, as John Sifton notes at Slate, is that torture and homicide are hardly the only charges that could be brought in such a circumstance. Negligent homicide or milder abuse charges would have obviously been available, and a survey of comparable cases in the setting of state and local prisoners suggests that they are far more common. By looking only at homicide and torture, the prosecutors were paving the way for a decision not to charge. But the zeal shown by the Eastern District prosecutors in closing the book is striking, and worthy of independent scrutiny. I stress that the big story here doesn’t really focus on the CIA. The more worrisome miscreants were at the Justice Department itself.

Jeff Stein offers a fresh take on all these developments in the Washington Post.

Share
Single Page

More from Scott Horton:

Conversation August 5, 2016, 12:08 pm

Lincoln’s Party

Sidney Blumenthal on the origins of the Republican Party, the fallout from Clinton’s emails, and his new biography of Abraham Lincoln

Conversation March 30, 2016, 3:44 pm

Burn Pits

Joseph Hickman discusses his new book, The Burn Pits, which tells the story of thousands of U.S. soldiers who, after returning from Iraq and Afghanistan, have developed rare cancers and respiratory diseases.

Context, No Comment August 28, 2015, 12:16 pm

Beltway Secrecy

In five easy lessons

Get access to 165 years of
Harper’s for only $45.99

United States Canada

CATEGORIES

THE CURRENT ISSUE

December 2016

With Child

= Subscribers only.
Sign in here.
Subscribe here.

Standing Rock Speaks

= Subscribers only.
Sign in here.
Subscribe here.

Prose by Any Other Name

= Subscribers only.
Sign in here.
Subscribe here.

The New Red Scare

= Subscribers only.
Sign in here.
Subscribe here.

Separated at Birth

= Subscribers only.
Sign in here.
Subscribe here.

The Priest in the Trees

= Subscribers only.
Sign in here.
Subscribe here.

view Table Content

FEATURED ON HARPERS.ORG

Article
With Child·

= Subscribers only.
Sign in here.
Subscribe here.

"She glanced across the waiting room at a television playing a birth-control ad and laughed darkly. 'Jesus, Lord, it would be so nice if someone just pushed me down a flight of stairs.'"
Photograph (detail) by Lara Shipley
Article
Swat Team·

= Subscribers only.
Sign in here.
Subscribe here.

"As we shall see, for the sort of people who write and edit the opinion pages of the Post, there was something deeply threatening about Sanders and his political views."
Illustration (detail) by John Ritter
Article
Escape from The Caliphate·

= Subscribers only.
Sign in here.
Subscribe here.

"When Matti invited me on a tour of the neighborhood, I asked about security. 'The message has already been passed to ISIS that you’re here,' he said. 'But don’t worry. I guarantee I could bring even you in and out of the Islamic State.'"
Photograph (detail) by Alice Martins
Article
In This One·

= Subscribers only.
Sign in here.
Subscribe here.

"She glanced across the waiting room at a television playing a birth-control ad and laughed darkly. 'Jesus, Lord, it would be so nice if someone just pushed me down a flight of stairs.'"
Illustration (detail) by Shonagh Rae
Article
“Don’t Touch My Medicare!”·

= Subscribers only.
Sign in here.
Subscribe here.

"Medicare’s popularity, however, comes with almost no understanding of what the program is and how it works."
Illustration (detail) by Nate Kitch

Rank of Richard Nixon masks among the top U.S. costumer’s best-selling political masks over the last five years:

1

A small meteorite injured an adolescent German.

It was reported that House Minority Leader Nancy Pelosi called Trump to discuss issues relating to women and families, and Trump handed the phone to his daughter.

Subscribe to the Weekly Review newsletter. Don’t worry, we won’t sell your email address!

HARPER’S FINEST

Who Goes Nazi?

= Subscribers only.
Sign in here.
Subscribe here.

By

"It is an interesting and somewhat macabre parlor game to play at a large gathering of one’s acquaintances: to speculate who in a showdown would go Nazi. By now, I think I know. I have gone through the experience many times—in Germany, in Austria, and in France. I have come to know the types: the born Nazis, the Nazis whom democracy itself has created, the certain-to-be fellow-travelers. And I also know those who never, under any conceivable circumstances, would become Nazis."

Subscribe Today