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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.
More from Scott Horton:
Six Questions — October 18, 2014, 8:00 pm
Nathaniel Raymond on CIA interrogation techniques.
On a Friday evening in January, a thousand people at the annual California Native Plant Society conference in San Jose settled down to a banquet and a keynote speech delivered by an environmental historian named Jared Farmer. His chosen topic was the eucalyptus tree and its role in California’s ecology and history. The address did not go well. Eucalyptus is not a native plant but a Victorian import from Australia. In the eyes of those gathered at the San Jose DoubleTree, it qualified as “invasive,” “exotic,” “alien” — all dirty words to this crowd, who were therefore convinced that the tree was dangerously combustible, unfriendly to birds, and excessively greedy in competing for water with honest native species.
In his speech, Farmer dutifully highlighted these ugly attributes, but also quoted a few more positive remarks made by others over the years. This was a reckless move. A reference to the tree as “indigenously Californian” elicited an abusive roar, as did an observation that without the aromatic import, the state would be like a “home without its mother.” Thereafter, the mild-mannered speaker was continually interrupted by boos, groans, and exasperated gasps. Only when he mentioned the longhorn beetle, a species imported (illegally) from Australia during the 1990s with the specific aim of killing the eucalyptus, did he earn a resounding cheer.
Percentage of Britons who cannot name the city that provides the setting for the musical Chicago:
An Australian entrepreneur was selling oysters raised in tanks laced with Viagra.
A tourism company in Australia announced a service that will allow users to take the “world’s biggest selfies,” and a Texas man accidentally killed himself while trying to pose for a selfie with a handgun.
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“Shelby is waiting for something. He himself does not know what it is. When it comes he will either go back into the world from which he came, or sink out of sight in the morass of alcoholism or despair that has engulfed other vagrants.”