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Cheney Intervened in CIA Inspector General's Torture Probe

by: Jason Leopold, t r u t h o u t | Report

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Former Vice President Dick Cheney intervened in a CIA inspector general's torture investigation. (Photo: Reuters)

    Former Vice President Dick Cheney intervened in CIA Inspector General John Helgerson's investigation into the agency's use of torture against "high-value" detainees, but the watchdog was still able to prepare a report that concluded the interrogation program violated some provisions of the International Convention Against Torture.

    The report, which the Obama administration may soon declassify, was completed in May 2004 and implicated CIA interrogators in at least three detainee deaths in Afghanistan and Iraq and referred eight criminal cases of alleged homicide, abuse and misconduct to the Justice Department for further investigation, reporter Jane Mayer wrote in her book, "The Dark Side," and in an investigative report published in The New Yorker in November 2005.

    In "The Dark Side," Mayer described the report as being "as thick as two Manhattan phone books" and contained information, according to an unnamed source, "that was simply sickening."

    "The behavior it described, another knowledgeable source said, raised concerns not just about the detainees but also about the Americans who had inflicted the abuse, one of whom seemed to have become frighteningly dehumanized," Mayer wrote. "The source said, 'You couldn't read the documents without wondering, "Why didn't someone say, 'Stop!'""

    Mayer added that Cheney routinely "summoned" Inspector General Helgerson to meet with him privately about his investigation, launched in 2003, and soon thereafter the probe "was stopped in its tracks." Mayer characterized Cheney's interaction with Helgerson as highly unusual.

    Cheney's "reaction to this first, carefully documented in-house study concluding that the CIA's secret program was most likely criminal was to summon the Inspector General to his office for a private chat," Mayer wrote. "The Inspector General is supposed to function as an independent overseer, free from political pressure, but Cheney summoned the CIA Inspector General more than once to his office."

    "Cheney loomed over everything," the former CIA officer told Mayer. "The whole IG's office was completely politicized. They were working hand in glove with the White House."

    But Mayer said Cheney's intervention in Helgerson's probe proved that as early as 2004 "the Vice President's office was fully aware that there were allegations of serious wrongdoing in the [torture] Program." Helgerson has denied that he was pressured by Cheney.

    In October 2007, former CIA Director Michael Hayden ordered an investigation into Helgerson's office, focusing on internal complaints that the inspector general was on "a crusade against those who have participated in [the] controversial detention program."

    News reports have suggested that when Helgerson's report is declassified it will seriously undercut claims made by Cheney in numerous interviews that the systematic torture of "high-value" detainees produced valuable intelligence, thwarted pending terrorist plots against the United States and saved "hundreds of thousands of lives."

    In addition to showing the inconclusive nature of the value of intelligence gleaned through torture, the report will likely show that Helgerson warned top CIA officials that the interrogation techniques administered to detainees "might violate some provisions of the International Convention Against Torture."

    A November 9, 2005, report published in The New York Times said Helgerson's report "raised concern about whether the use of the [torture] techniques could expose agency officers to legal liability."

    Sources quoted by The New York Times said "the report expressed skepticism about the Bush administration view that any ban on cruel, inhumane and degrading treatment under the treaty does not apply to CIA interrogations because they take place overseas on people who are not citizens of the United States.

    "The officials who described the report said it discussed particular techniques used by the CIA against particular prisoners, including about three dozen terror suspects being held by the agency in secret locations around the world."

    The American Civil Liberties Union filed a Freedom of Information Act lawsuit to gain access to Helgerson's report. Portions of the report have already been turned over to the organization, but they were heavily redacted.

    Mayer also suggested that the CIA may have decided to destroy 92 interrogation videotapes in November 2005, after Sen. Jay Rockefeller began asking questions about the tapes referenced in the report. Helgerson had viewed the tapes at one of the CIA's "black site" prisons.

    "Further rattling the CIA was a request in May 2005 from Senator Jay Rockefeller, the ranking Democrat on the Senate Intelligence Committee, to see over a hundred documents referred to in the earlier Inspector General's report on detention inside the black prison sites," Mayer wrote in her book. "Among the items Rockefeller specifically sought was a legal analysis of the CIA's interrogation videotapes.

    "Rockefeller wanted to know if the intelligence agency's top lawyer believed that the waterboarding of [alleged al-Qaeda operative Abu] Zubaydah and [alleged 9/11 mastermind] Khalid Sheikh Mohammed, as captured on the secret videotapes, was entirely legal. The CIA refused to provide the requested documents to Rockefeller. But the Democratic senator's mention of the videotapes undoubtedly sent a shiver through the Agency, as did a second request he made for these documents to [former CIA Director Porter] Goss in September 2005."

    Helgerson's report has been highly sought after by members of Congress and civil liberties organizations for some time. Justice Department torture memos released last month contain several footnotes to the inspector general's report noting the watchdog's concerns about the fact that interrogators strayed from the legal limits set forth in the memos on how specific interrogation methods could be used.

    For example, a footnote in a May 2005 Justice Department legal opinion says Helgerson found that, "in some cases," the "waterboard was used with far greater frequency than initially indicated ... and also that it was used in a different manner."

    According to court papers in a contempt lawsuit the American Civil Liberties Union filed against the CIA over the destruction of 92 interrogation videotapes, "at the conclusion of [Helgerson's] special review in May 2004, [CIA Office of Inspector General] notified DOJ and other relevant oversight authorities of the review's findings."

    A month later, according to documents released last month by the Senate Select Committee on Intelligence, Helgerson's report was made available to top lawmakers on the committee.

    That same month, June 2004, then-CIA Director George Tenet asked the White House to explicitly sign off on the agency's torture program with a memo that authorized specific techniques, such as waterboarding. A similar request was also made by the agency at the start of Helgerson's probe in 2003, according to a report published in The Washington Post last October.

    "The Bush administration issued a pair of secret memos to the CIA in 2003 and 2004 that explicitly endorsed the agency's use of interrogation techniques such as waterboarding against al-Qaeda suspects - documents prompted by worries among intelligence officials about a possible backlash if details of the program became public," the Post reported.

    "The classified memos, which have not been previously disclosed (and remain classified), were requested by then-CIA Director George J. Tenet more than a year after the start of the secret interrogations, according to four administration and intelligence officials familiar with the documents. Although Justice Department lawyers, beginning in 2002, had signed off on the agency's interrogation methods, senior CIA officials were troubled that White House policymakers had never endorsed the program in writing."

    It's unknown whether Helgerson's report led Tenet to request the later memo from the White House.

    According to the Post report, "the CIA's anxiety was partly fueled by the lack of explicit presidential authorization for the interrogation program" and "Tenet seemed ... interested in protecting his subordinates" from legal liability.

    In July 2004, "the CIA briefed the [Senate Intelligence Committee's] Chairman and Vice Chairman on the facts and conclusions of the Inspector General special review," the Post report said.

    In an interview with Harper's magazine last year, Mayer said Helgerson "investigated several alleged homicides involving CIA detainees" and forwarded several of those cases "to the Justice Department for further consideration and potential prosecution."

    "Why have there been no charges filed? It's a question to which one would expect that Congress and the public would like some answers," Mayer said. "Sources suggested to me that ... it is highly uncomfortable for top Bush Justice officials to prosecute these cases because, inevitably, it means shining a light on what those same officials sanctioned."

    In "The Dark Side," Mayer wrote that Helgerson was "looking into at least three deaths of CIA-held prisoners in Afghanistan and Iraq."

    One of those prisoners was Manadel al-Jamadi, who was captured by Navy SEALs outside Baghdad in November 2003.

    "The CIA had identified him as a 'high-value' target, because he had allegedly supplied the explosives used in several atrocities perpetrated by insurgents, including the bombing of the Baghdad headquarters of the International Committee of the Red Cross, in October 2003," Mayer reported in The New Yorker.

    "After being removed from his house, Jamadi was manhandled by several of the SEALs, who gave him a black eye and a cut on his face; he was then transferred to CIA custody, for interrogation at Abu Ghraib. According to witnesses, Jamadi was walking and speaking when he arrived at the prison. He was taken to a shower room for interrogation. Some forty-five minutes later, he was dead."

    At the time of his death, Jamadi's head was covered with a plastic bag, he was shackled in a crucifixion-like pose that inhibited his ability to breathe and according to forensic pathologists who have examined the case, he suffocated.

    The CIA interrogator implicated in his death was Mark Swanner, who was never charged with a crime despite a recommendation by investigators working for Helgerson that the Justice Department launch a criminal investigation into the matter.

    The Swanner/Jamadi case was forwarded in 2004 to then-Deputy Attorney General Paul McNulty, where the file remained. McNulty is under scrutiny by a special prosecutor investigating the role he and other Bush administration officials played in the firings of nine US attorneys in 2006.

    Helgerson also "had serious questions about the agency's mistreatment of dozens more, including Khalid Sheikh Mohammed," Mayer wrote in her book, adding that there was a belief by some "insiders that [Helgerson's investigation] would end with criminal charges for abusive interrogations."

  

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Jason Leopold is the Deputy Managing Editor at Truthout. He is the author of the Los Angeles Times bestseller, News Junkie, a memoir. Visit www.newsjunkiebook.com for a preview.

Comments

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Why is Cheney still being

Why is Cheney still being given a forum to speak. He is a ghastly human being who represents the twisted evil right neo-con propaganda machine . Prosecute Cheney and expose the republican junta for what it is.

This is part of the reason

This is part of the reason why Cheney is running scared. It seems as though Dick thought that the US had the world sewed up in a neat bundle and that when 9/11 took place it really freaked him out. Everybody was supposed to be bought off or scared off.

you donΒ΄t know organ

you donΒ΄t know organ failure until its on, & then its not really reversible.

I think Bush, Cheney, and

I think Bush, Cheney, and Rumsfeld should be prosecuted for war crimes. They think its OK to waterboard a prisoner. Isn't this against the Geneva Convention? (Remember when Cheney shot his lawyer in the face during a hunting accident? Really kind of weird, right?). Donald Rumsfeld, another vile and evil person, would not allow military spending to reinforce the humvees so the US military men and women would not be blown up and burned. The Bush/Cheney/Rumsfeld administration should all be prosecuted.

Here is Bybee's torture

Here is Bybee's torture memo: http://www.tomjoad.org/bybeememo.htm John Yoo, Jay C. Bybee and Alberto R. Gonzales, under the influence and direction of President George W. Bush, Vice President Dick Cheney and the leadership of the CONSERVATIVE RIGHT-WING EXTREMIST REPUBLICAN government of the United States with the cooperation of the Republican-Lite DLC Democrats orchestrated and engaged in a carefully considered and thought through process to use the Office of Legal Council to the President to REDEFINE the doctrine of understanding of the law beyond the original intent of the legislative, judicial, and executive branches of government, by using the power and prestige of the Office of Legal Council to the President, they subjectified the law and changed the doctrine of understanding FROM its original intent to meet the needs of their SINISTER INTENTIONS; we can all pretend that this did not happen, and try to go on as if it did not, but this type of behavior will not change the fact that this is exactly what happened, and if nothing is done to REDRESS this OBSCENE and GRIEVOUS miscarriage of both law and justice, it will have consequences that in time will be used again and again to the detriment and destruction of democracy and justice, under the rule of law.

Rumsfeld is noticably quiet.

Rumsfeld is noticably quiet. Possibly because he got a scare while visiting France, and had to be whisked away by car to a US airbase in Germany.

TORTURE IS A WAR CRIME.

TORTURE IS A WAR CRIME. ANYONE AUTHORIZING IT, DOING IT OR REFUSING TO PROSECUTE IT IS A WAR CRIMINAL.

Response to comment by

Response to comment by "Larry, Ohio"-- Cheney is still being given a forum to speak, despite being as you say, "a ghastly human being who represents the twisted evil right neo-con propaganda machine", because he is and has been for decades a key part of the revolving door between U.S. corporations and the U.S. government. It is the corporate propaganda machine -- the mainstream U.S. corporate media -- that fails to provide the context for clearer understanding, fails to do the deep investigative reporting, and presents Cheney as a legitimate "defender" of the institutions and mechanisms of the U.S. military and intelligence communities, and the human rights abuses and crimes against humanity that they commit.

Yo, Larry Cheney seems to

Yo, Larry Cheney seems to have more & more to say every day. Cheney...Rockefeller...Tenet...CIA...Seals...Justice Dept...Intelligence Committee... Golly...if I didn't know better, I'd think Cheney had set up some sort of "Shadow Gov't." while he was VP, and is now running it.

I cant help the feeling that

I cant help the feeling that Obama is entering the most dangerous part of his presidency. think about it, Cheney and cronies happily screw the rules for abstract and largely invented danger. Cheney & Co must know that they are now in real danger of being exposed and possibly jailed. What's a scruple like killing a president when their butts really ARE on the line? Wont some citizen just arrest the fiends and be done with it!

"Interfered" is more

"Interfered" is more appropriate than "intervened" in the headline. Why did the author soft pedal the issue?

The republican party has

The republican party has supported this criminal activity from the get go because they thought it would benefit them. This was unAmerican and still is. The Democratic party did not lift a finger due to cowardise, or pocket lining. Either way they led us hear, and guess who let them? We have to take a more active roll in our democracy or we will lose it, if we haven't already. When we do not uphold our laws all the way to the top we all lose. We have let major media shut out and mock the real American voices like Ron Paul and Denice Kucinich who seemed to be the only ones who saw this coming. Get going, please make your voice heard. Time to let them know, your mad as hell and not going to take it anymore! MAKE YOUR VOTE COUNT !

Cheneywas just a VP, what

Cheneywas just a VP, what authority did he have to ANY of this?

i agree with greydog. since

i agree with greydog. since 1987, the reagan administration used rendition to interrogate our 'suspects' in other countries. george HW continued this program. in the mid 90's, clinton upped the ante with "national security directive 77" called extraordinary rendition which contracted out torture to egypt where the suspects dislocated, electro-shocked, killed, some never to be heard from AGAIN! under W. this torture continued even including 'pool' parties. i'm not saying that we need to dig reagan up, but we need to provide them with a list of names. and here are just a few: William Smith (attorney gen for reagan), Frank Carlucci (reagan sec of defense), George HW, Quayle, Ollie North, Richard L. Thornburgh (attorney gen), Bill Clinton, Al Gore, Janet Reno, Richard Clarke, George W. administration, Eric Holder, Leon Panetta, etc. until obama signs a presidential directive illimenating rendition, go ahead and add obama and binen!! we must STAND together against TORTURE!!

thats it

thats it

Dick Cheney has nothing to

Dick Cheney has nothing to lose. The worst case is he goes to prison as a war criminal in a foreign country. The best case is that he gets to keep his government pension and continue talking on the national media.

This real life torture and

This real life torture and abuse sound unreal to me and beyond belief if I were to read these details in a novel.

There is a concept in

There is a concept in statistics called the "False positive/False negative". We all should have been vaguely aware of this from the drug testing problems, for example, with Vioxx. A statistical trial is designed and run, then the results are examined mathematically. Normally there are three possible outcomes, OK, Not OK and we can't say. Is the OK answer really not true, a false positive? Is the Not OK answer really OK, a false negative. Newspaper reporters face the same problem "Is this leaked story true?" or "Am I being scammed?"(a false positive). Could I suggest that interrogation is a data gathering exercise that produces OK answers, False answers and we can't say. Experts appear to be saying that torture produces a high probability of a false positive, ie "Is there a connection between Al Qaeda and Saddem Heusen? Yes" False positive. We spend many, many millions of dollars every year in drug trials and when a company gets it wrong there is hell to pay in court and public confidence. Beyond the moral and legal ramifications, we conducted a data gathering exercise using techniques known to produce false positives that has cost this country several trillion dollars of our own money pursuing a false positive. We will never know the cost of missed opportunities because of lost trust and hostility. This amoral capitalistic analysis puts into stark relief what our historical national and religious moral values have told us for centuries. In other words, no matter how we slice enhanced interrogation techniques, the result is highly toxic torture.

This is the most exciting

This is the most exciting article i have ever read. the further i got into the Bush war atrocities the sooner I knew we got them. We got them all. Get cheney off the screen and stop him from trying to belittle my brilliant and good President. Thank God I don't have to watch that daughter of his continue with her so obvious lack of reality. I don't know what stopped me from throwing something at my HD TV. She could be tried for lying for her dad. Do you think he cares? TORTURE will be the word of the day for those Americans who care about America. The radio announcer affiliated with that lovely Fox News was waterboarded on tv last night becaused he believed it wasn't torture. He lasted 6 seconds and oh yes - he said it was absolutely TORTURE. lets do something. If we americans get Cheney off the TV then we americans are capable of anything. Let's put it to the good. Don't let those 8 years destroy us.

Pelosi took "impeachment off

Pelosi took "impeachment off the table". I was sickened by that. It was the Congress' Constitutional duty to impeach Bush and Co. A lot of this could have been dealt with....and prevented... while Bush was still President. I would guess Cheney would be whistling a different tune then... and now.

in response to "the most

in response to "the most exciting article i've ever read". once again, the failure to acknowledge the reality that we've been involved in this "acceptable" practice for YEARS, whether at the hands of 3rd party or ours, is unacceptable! if we're to be honest with the realities of our involvement and participation in torture we MUST let it be known that NO TORTURE is acceptable. furthermore, as i stated before, until the current administration signs a presidential directive, we can only assume that WE ARE STILL TORTURING and must hold this current administration ACCOUNTABLE as well!

I guess it's not that this

I guess it's not that this is so surprising. What is surprising is that the main stream media is siding or playing into the hands of Cheney and the like. We all know when torture is torture. The real crime here is as with most the cover up or the effort to stop an investigation. Cheney and his daughter are not trying to convince us that what they did no matter what was for the good of the USA. It does not matter what they did in their opinion as long as it was to protect our safety and freedom. Freedom does come at a cost but it is a just cause and one of laws that should rule the day. The whole thing sickens me. The Bush Administration, the media, and especially the citizens including some of my close friends who are buying this crap.

crusher in michigan, you

crusher in michigan, you make a great point, but you're not looking at the entire picture. the only change we got was a change in brand. we're no longer fighting the "war on terror", we're engaged in "overseas contingency operation" (sounds better doesn't it). war is a commodity and we're buying it. we should give much credit to "animal spirits" for providing us with a kinder (softer) message. the federal government has put us in very compromising situations for years. we're likely not to recover. we might as well own up to torture, accept it, and move on. what good does ANY of this do when our federal government dances around the issues. mocked? yeah, after 8 years, we're used to it! no mr president, we don't want another speech about how much you hate extraordinary rendition. thanks for sharing your high-sounding nothingness with us, now we understand why you wouldn't allow any reporters in to ask questions. we voted you into office. we gave you our support. sign the declaration! we don't need the pot calling the kettle black! we're patiently waiting for the warrants to be issued: Reagan admin, H.W. Bush admin, Clinton admin, W. Bush admin, obama admin. EXTRAORDINARY RENDITION IS TORTURE!

Torture is Treason.

Torture is Treason.

Colonel Wilkerson, Powell's

Colonel Wilkerson, Powell's former secretary, suggested the other night on Countdown that Cheney's words border on treason regarding a wish on his part to have another attack to prove he's somehow right on torture. If this is the case, Congress and the Senate need to start investigating Cheney now. I firmly believe he's in control of moles, or 5th columnists if you will, in various Federal departments, working to undermine Obama. Seven Days in May was a film released in 1964. I think we are living through a similar scenario now, and Fixed Noise, CNBC, and CNN are doing what they can to help bring all the torture apologsits on the TV daily talking about how the ends justify the means.

See above for the answer

See above for the answer Larry, the media is largely owned by one agenda, and it's corporate, not we the people. We the shareholders, CEOs, lobbyists, Corporate contributors of and by the largest media outlets. Conservative shock jock misdirection and misinformation merchants get their outlet by radio's vertical oligarchies (a form of government in which all power is vested in a few persons or in a dominant class or clique; government by the few.) and oligopolies (the market condition that exists when there are few sellers, as a result of which they can greatly influence price and other market factors.) The only open and fairly honest media is those who post their articles and allow comments. At least there is more open discussion of the merits of one or any particular article.