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Sources: Obama Ready to Ban Harsh Interrogations

by: Lara Jakes and Pamela Hess  |  The Associated Press

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President-elect Barack Obama will end US use of torture according to US officials familiar with the incoming administration's plans. (Photo: Charles Dharapak / AP)

    Washington - President-elect Barack Obama is preparing to prohibit the use of waterboarding and other harsh interrogation techniques by ordering the CIA to follow military rules for questioning prisoners, according to two U.S. officials familiar with drafts of the plans. Still under debate is whether to allow exceptions in extraordinary cases.

    The proposal Obama is considering would require all CIA interrogators to follow conduct outlined in the U.S. Army Field Manual, the officials said. The plans would also have the effect of shutting down secret "black site" prisons around the world where the CIA has questioned terror suspects - with all future interrogations taking place inside American military facilities.

    However, Obama's changes may not be absolute. His advisers are considering adding a classified loophole to the rules that could allow the CIA to use some interrogation methods not specifically authorized by the Pentagon, the officials said. They said the intent is not to use that as an opening for possible use of waterboarding, an interrogation technique that simulates drowning.

    The new rules would abandon a part of President George W. Bush's counterterrorism policy that has been condemned internationally. Bush has defended his policies by pointing to the fact that the nation has gone more than seven years without another terrorist attack on its soil.

    Obama spokeswoman Brooke Anderson did not have an immediate comment Friday about the drafted plans, which the two officials discussed only on condition of anonymity because they were not authorized to comment publicly.

    No final decisions have been made about how to adjust the government's interrogation standards. Obama is still weighing whether to alter interrogation policy by executive order during his first days in office or to work with Congress through legislation.

    The plans do not specifically address the issue of extraordinary rendition, the policy of transferring foreign terrorism suspects to third countries without court approval.

    In private Capitol Hill meetings, CIA Director nominee Leon Panetta and Director of National Intelligence designate Dennis Blair have said Obama wants a single set of rules for interrogations. And in Senate testimony Thursday, Attorney General nominee Eric Holder called the Army manual "a good place to start."

    The 384-page Army manual, last updated in September 2006, is a publicly available document. It authorizes 19 interrogation methods used to question prisoners, including one allowing a detainee to be isolated from other inmates in some cases. The manual explicitly prohibits threats, coercion, physical abuse and waterboarding, which creates the sensation of drowning. Holder termed waterboarding a form of torture on Thursday.

    The CIA also banned waterboarding in 2006 but otherwise has been secretive about how it conducts interrogations. In the past, its methods are believed to have included sleep deprivation and disorientation, stress positions and exposing prisoners to uncomfortable cold or heat for long periods. It's also believed that some prisoners have been forced to sit in cramped spaces with bugs, snakes, rats or other vermin as a scare tactic.

    Waterboarding has been traced back hundreds of years and is condemned by nations worldwide. Hayden acknowledged last year that the CIA waterboarded three top al-Qaida operatives - including 9/11 mastermind Khalid Sheik Mohammed - in 2002 and 2003 because of fears that more attacks were imminent.

    The Army manual can be amended by the military. It is unclear whether the CIA would be held to the one published in 2006 or future versions.

    The military rejected adding a classified annex to the manual before it was published in 2006 because it believed having two sets of rules could confuse soldiers and reasoned that the classified techniques would quickly become known once those interrogated were released. A classified annex would also complicate sharing the manual with foreign governments and would undermines the military's goal of full transparency after Abu Ghraib.

    For Obama, who repeatedly insisted during the 2008 presidential campaign and the transition period that "America doesn't torture," a classified loophole would allow him to follow through on his promise to end harsh interrogations while retaining a full range of presidential options in conducting the war against terrorism.

    The proposed loophole, which could come in the form of a classified annex to the manual, is designed to satisfy intelligence experts who fear that an outright ban of so-called enhanced interrogation techniques would limit the government in obtaining threat information that could save American lives. It would also preserve Obama's flexibility to authorize any interrogation tactics he might deem necessary for national security.

    However, such a move would frustrate Senate Democrats and human rights, retired military and religious groups that have pressed for a government-wide prohibition on methods they describe as torture.

    Glenn Sulmasy, an international law professor at the U.S. Coast Guard Academy in New London, Conn., said Obama can and should preserve his executive authority to order aggressive interrogations when necessary. But he said that should be done on a case-by-case basis and not become a broad policy.

    "There are some coercive techniques that he might employ on a ticking time bomb scenario, but he'll distinguish himself by making it clear that the presumption under the law is that there is no torture," Sulmasy said Friday.

    Critics, however, said Obama cannot claim to ban torture if it's not clear what interrogation methods will be allowed.

    "That would not be good," said the Rev. Richard Killmer, executive director of the National Religious Campaign Against Torture. "We don't need to be able to torture and we don't need to engage in any interrogation techniques that are not humane. And unless we have absolute clarity that these interrogation techniques will not be used, they are not going to be able to say that."

    Speaking with reporters Thursday, outgoing CIA Director Michael Hayden said harsh interrogation tactics have been needed to get information from the most hardened terror suspects. He and some other U.S. intelligence officials oppose limiting the CIA to the Army manual, which was written specifically for military interrogations and may not be effective on the most dangerous detainees.

    "It is an honest discussion to talk about what techniques we should use, but to assume automatically that the Army Field Manual would suit the needs of the republic in all circumstances is a shot in the dark," Hayden said.

    Senate Democrats aren't likely to support a classified annex. Holder on Thursday said the interrogation methods outlined in the Army manual would be just as effective as those used by the CIA.

    "I'm not convinced at all that if we restrict ourselves to the Army field manual that we will be in any way less effective in the interrogation of people who have sworn to do us harm," Holder said.

    Amnesty International, the human rights group, on Friday hailed word that the field manual would extend to the CIA but said it would oppose a classified annex.

  

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What they are talking about

What they are talking about is TORTURE... and it is already against the law. This is mere legalese, coming from a Harvard educated lawyer, who has already said that he won't enforce the law by seeking prosecution of those who clearly committed war crimes and crimes against humanity. Obama is starting to seem very weak on human rights.

Here is the problem with

Here is the problem with having no political will about having impeached Pres. Bush. President Obama has inherited no binding legal prohibitions on the once illegal use of torture in wartime. However now Bush has made that accepted policy and any democrat who did not support Bush's impeachment and who is currently up in arms about the possibility that Obama might reserve the right to torture has no one but themselves and their supporters to blame. The presidential right to approve secret torture is now part of accepted tradition and case law...and will remain so until we find the political will to reign in the executive branch and their self determined powers used in fighting the so called "war on terror" and bring about a restoration of the balance of powers.

Pardon me, but even a dummy

Pardon me, but even a dummy like me can see that Big O's "loophole" is a bloody gaping chasm. All he or any succeeding Pres has to do is say in some super secret eyes-only-destroy-after-reading memo that this case is extraordinary and, viola, torture becomes not torture, merely "aggressive interrogation". A "presumption under the law" that torture is forbidden not only ain't good enough for me but also fails to meet our treaty and legal commitments to no torture under any circumstances. The torturers then and now love the hoopla on banning waterboarding, which neither simulates nor "creates the sensation of drowning" but is 95% and sometimes 100% (oops!) of drowning, since they have a host of equally nasty or even worse techniques up their sleeves. Anyone who thinks anyone should have the authority to approve torture "in ticking time bomb scenarios" or for reasons of national security not only has been watching way too much "24" for their mental health but has forgotten that these were just the justifications offered by Dick and his Dummy for their use of torture. A change that is no change is, well, not a change we can believe in.

We need to ban torture and

We need to ban torture and ban the use of euphemisms to cover up misdeeds done in our name. Harsh interrogation, smart bomb, body count, collateral damage, and even the word terrorist has lot all meaning. The greatest number of people terrorized by having their homes destroyed and family and friends dismembered or killed have been the victims not of Al-Qaeda but victims of American manufactured and taxpayer funded rockets and bombs and shells used by American and Israeli soldiers against civilian men, women, and mostly children. The torture conducted by the CIA and US military officers and their students is really just the tip of the ice burg and nothing really new. It is just that in the past it has been going in countries which include Chile, Argentina, Honduras, Columbia, El Salvador, Peru, Bolivia, Brazil, and the disappeared have been out of sight and out of mind for the US media and the average blissfully ignorant American.