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Just days after Attorney General Holder announced a formal decision of impunity resulting from a probe into 101 documented cases in which CIA agents engaged in acts of torture and abuse in apparent violation of CIA guidelines—including those approving torture—further explosive allegations have emerged that lay bare the scope of CIA cooperation with abusive regimes in the era before the Arab Spring. Drawing on interviews with Libyan prisoners previously held by the CIA in black-site facilities, as well as a large cache of secret documents that turned up when rebels seized Qaddafi’s state security offices last year, Human Rights Watch has issued a 156-page report (PDF) that meticulously documents a George W. Bush–era CIA program of torture, including waterboarding, in careful collaboration with former Libyan strongman Muammar Qaddafi. Among the report’s key findings:
Former CIA director and current Romney national-security adviser Michael Hayden and former President Bush have both asserted that only three individuals held in detention by the CIA were ever waterboarded. The report would establish these claims as untruthful.
The report, coupled with recent developments in Libya, also highlights the CIA’s chronic inability to distinguish between violent anti-American Islamist groups such as Al Qaeda and those who simply opposed their own oppressive regime and sought to overturn it. The Bush Administration promoted cordial relations with Qaddafi, while the Bush-era CIA worked intensively to develop a close rapport with Qaddafi’s security forces, much as it did in Egypt, Yemen and a number of other repressive Arab states. In 2011, the Obama Administration reversed course, siding with the rebels opposing Qaddafi and deploying military and intelligence resources to topple his regime. Many of the Libyan groups persecuted and abused by the CIA belonged to the alliance that toppled Qaddafi, and a number of their leaders are now in positions of importance in the new regime. Thus the CIA’s miscalculations could not have been more sweeping or more harmful to long-term U.S. interests.
In an important speech last year at Harvard University, CIA veteran and Obama counterterrorism adviser John O. Brennan stressed that the administration’s Middle East policies emphasize the rule of law and respect for human rights. If that’s true, then the cache of evidence disclosed by the Libyan revolution and the comparable evidence that has emerged in Egypt point to the CIA as a rogue institution operating at dangerous cross-purposes with official U.S. policy. The agency aligned itself closely with the most abusive institutions in the countries where it was operating, and enabled the wanton torture of political opponents. Those tight relationships appear to have seriously warped its intelligence posture, leaving it dangerously blind to the developments that swept the Arab world early last year. Moreover, much of the conduct highlighted in the HRW report violated criminal statutes, including the Anti-Torture Act and the prohibition on renditions of persons to countries where they were likely to face torture.
The Justice Department’s systematic whitewashing of these crimes can best be explained by the fact that it was a key actor in the crimes. It cannot be expected to prosecute its own senior staffers, nor can it be expected to take actions that would further stain its already badly soiled reputation. But this very whitewashing raises fundamental doubt about the Obama Administration’s commitment to ending torture by American intelligence operatives. To the contrary, the Obama Administration’s handling of the matter appears to retain torture as a viable option for American foreign policy—one that Mitt Romney, with Michael Hayden at his side, would happily resume.
At its outset, the report quotes Abdul Hakim Belhadj, a man who was imprisoned and abused by the CIA, but who went on to lead the Libyan insurrection, with American backing: “All we seek is justice. . . . We hope the new Libya, freed from its dictator, will have positive relationships with the West. But this relationship must be built on respect and justice. Only by admitting and apologizing for past mistakes . . . can we move forward together as friends.” A hand of friendship has been outstretched, but with it a request that the United States reject its misguided practices of the past. It would be foolish and contrary to our national-security interests to ignore this offer.
More from Scott Horton:
Six Questions — October 18, 2014, 8:00 pm
Nathaniel Raymond on CIA interrogation techniques.
Mark Denbeaux on the NCIS cover-up of three “suicides” at Guantánamo Bay Detention Camp
From the June 2014 issue
Estimated total calories members of Congress burned giving Bush’s 2002 State of the Union standing ovations:
A fertility scientist named Panayiotis Zavos announced that he had created human-cow embryos that were theoretically viable, but denied that he planned to allow such a hybrid to be implanted in a woman’s womb. “We are not trying to create monsters,” he said.
A statistician determined that the five most common first names among New York City taxi drivers are Md, Mohammad, Mohammed, Muhammad, and Mohamed.
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