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Serious Questions About Wikileaks’ Release of Purported Guantanamo SOP

By: Jeff Kaye Monday February 25, 2013 5:17 pm

On October 25, 2012, Wikileaks began to release what they indicated would be “more than 100 classified or otherwise restricted files from the United States Department of Defense covering the rules and procedures for detainees in U.S. military custody.” They labeled the release “The Detainee Policies.”

One of the first documents released was of the purported 2002 Camp Delta Standard Operating Procedures (SOP). According to the accompanying press release, this was “the foundation document for Guantanamo Bay (‘Camp Delta’).” Julian Assange is quoted in the press release as saying, “This document is of significant historical importance…. how is it that WikiLeaks has now published three years of Guantanamo Bay operating procedures, but the rest of the world’s press combined has published none?”

Assange, who has been fighting extradition to Sweden, and currently resides under asylum protection at the Ecuadoran embassy in London, also challenged the press and the public to read and analyze the documents. “Publicize your findings,” he asked.

But over three months later, there has been essentially zero analysis. Even though the Wikileaks “Detainee Policies” release had extensive world-wide coverage in the press and blogosphere, outside of a few tweets, there’s been practically no follow-up investigation of these documents.

The non-coverage after the initial release is in itself astounding, but even more surprising is the fact that when examined some of the documents appear to be problematic and of doubtful provenance. (In addition, strangely, the documents do not allow cut and paste commands to accurately reproduce text, which is not typical of Wikileaks documents.)

Sadly – since a good deal of reporters, myself included, have come to rely on the accuracy of what Wikileaks has posted over the years – an examination of the Camp Delta 2002 SOP raises serious reasons as to whether it is a reliable document. At best it is a very corrupted draft of an authentic document. At worst, it is a sloppy forgery.

In addition, there are further questions about other documents released as part of “The Detainee Policies,” as well questions as to whether Wikileaks personnel understood the material they were releasing. In the past, Wikileaks has used the resources of major media like the New York Times, the UK Guardian, El Pais, etc., and independent authoritative analysts, like Andy Worthington, for outside analytic assistance.

Wikileaks has been under significant economic and legal pressure from the US government and its corporate and other governmental allies, and it is no secret that the organization operates under serious constraints as a result. According to the organization, “An extrajudicial blockade imposed by VISA, MasterCard, PayPal, Bank of America, and Western Union that is designed to destroy WikiLeaks has been in place since December 2010.”

Whatever Wikileaks has accomplished in other document releases and analysis, the failure to accurately report or vet the “Detainee Policies” documents, by either Wikileaks or the world press and blogging community, calls into dire question the accuracy of a good deal of what passes for reporting by media outlets and commentators.

The only expert I could find who had anything to say about the Camp Delta SOP document was Almerindo Ojeda, who posted a link to the purported “Standing [sic] Operating Procedures” at the website for the Center for the Study of Human Rights in the Americas (CSHRA), along with his caveats on the document. Ojeda’s own independent analysis largely concurred with my own.

What Did Wikileaks Release?

We cannot know the source of the documents Wikileaks released. So any analysis of the documents must rely on a close textual perusal of the documents themselves. And thanks to Wikileaks, who released the 2003 and 2004 Camp Delta SOPs a few years ago, we can contrast and compare very similar documents.

The “2002” Camp Delta SOP does not look like other DoD documents of this type. It has no markings regarding its classification status, for instance. The formatting is often erratic, with whole paragraphs published with centered rather than justified or left aligned text. There is a good deal of missing, mispaginated, and misordered text. A number of pages begin with text that does not follow logically from the preceding page.

There’s no doubt we are not looking at the SOP itself, even if we were to grant it was a genuine document. The Wikileaks document is not presented in the discrete pages of an actual document, but as a long running text document, as if from a word processor, with headings within the text indicating what page number out of 48 supposed pages a given block of text represents.

In addition, the page headers do not appear at the top or bottom of actual pages, but are interspersed within the text. The text itself does not go beyond “Page 47 of 48″. The Wikileaks description of the document itself at the home page for the “Detention Poliicies” states that the document has 33 pages.

What Wikileaks calls the “Main [2002] SOP for Camp Delta, Guantanamo” states on its first page that it is a revision dated November 11, 2002. The subsequent SOP for Camp Delta is dated March 23, 2003, approximately five and one-half months later. That SOP, according to its text, was “reorganized” from the previous SOP, so it could consolidate “all aspects of detention and security operations” so the SOP could be “more efficient for its intended users.”

Indeed, the new Wikileaks release of the purported 2002 Camp Delta SOP refers to separate SOPs for relating to detainee matters in relation to the International Committee of the Red Cross, as well as one for the “Use of IRF”. IRF refers to “Internal Reaction Force,” which according to this latest Wikileaks release is a 24 hour force available for “possible emergency response situations.” Over the years, the IRF teams have been implicated in brutal beatings of prisoners and violent cell extractions.

The Wikileaks press release for the Detention Policies states, “The ’Detainee Policies’ provide a more complete understanding of the instructions given to captors as well as the ’rights’ afforded to detainees.” It also asks “lawyers, NGOs, human rights activists and the public to mine the ’Detainee Policies’” and “to research and compare the different generations of SOPs and FRAGOs to help us better understand the evolution in these policies and why they have occurred.”

Unfortunately, at least in the case of the purported 2002 Camp Delta SOP, it is unclear just what this document represents. Was it a faulty reconstruction of the original document, a draft of the SOP, a forgery based on some knowledge of the material? We can’t know.

Another problem with the initial analysis by Wikileaks concerns unfamiliarity with the larger world of relevant documents on interrogation. For instance, in their press release, Wikileaks touts one document as revealing “a formal policy of terrorising detainees during interrogations.” This 13-page interrogation policy document from 2005 describes interrogation policies “that apply to… all personnel in the Multi-National Force–Iraq (MNF–I). Wikileaks points out as examples of “exploitative techniques” the use of “‘approved’ ‘interrogation approaches’” such as “Emotional Love Approach” and “Fear Up (Harsh).”

While it is interesting to see that these interrogation techniques were applicable to the MNF-I, they are not, as the press release implies, new or unique “interrogation approaches,” but are drawn from the Army Field Manual (AFM) for Intelligence Interrogation in use at that time. That particular version of the AFM came out in 1992. The two “approaches” remain in the current AMF as well, which was significantly updated in September 2006.

While Wikileaks may be wrong about the significance of discovering the use of Fear Up and other problematic techniques, the organization is correct that these are abusive techniques. In fact, such techniques in use by the Department of Defense’s interrogation manual only got worse after it was updated, with the addition of techniques of sleep deprivation and sensory deprivation that were not allowed in the earlier AFM, nor indeed, in the MNF-I document Wikileaks released. They are, however, allowed by the current Obama administration.

Wikileaks Responds

DHS says FBI “possibly funded” Terrorist Group

By: Jeff Kaye Wednesday February 20, 2013 11:40 pm

J. Edgar Hoover

It was most surprising to come across the following entry at the website for the National Consortium for the Study of Terrorism and Responses for Terrorism (known by the acronym START), which is run by the Department of Homeland Security out of the University of Maryland. According to DHS, START is one of their “centers of excellence,” an academic center sponsored by the DHS’s Science and Technology Directorate.

The webpage concerns the “Terrorist Organization Profile” for the Secret Army Organization, a right-wing terrorist group in the early 1970s, a group START writes was “possibly funded by the FBI.”

According to START, “The Secret Army Organization (SAO), a right-wing militant group based in San Diego, was active from 1969 to 1972. They targeted individuals and groups who spoke out against the Vietnam War, especially those who organized public demonstrations and distributed anti-war literature.”

Indeed, if we could turn the clock back to June 1975, we would read an article in the New York Times, “A.C.L.U. Says F.B.I. Funded ‘Army’ to Terrorize Antiwar Protesters.”

According to the Times, the ACLU compiled a 5,000 page report on the SAO, a group of former Minutemen and other right-wingers and violent home-grown fascists, for the benefit of the Senate Select Committee on Intelligence, “alleging the Federal Bureau of Intelligence recruited a band of right-wing terrorists and supplied them with money and weapons to attack young antiwar demonstrators.”

But that’s not all, the SAO engaged in bombing and attempted assassination, and guess whose house the weapons turned up in? But I’m getting ahead of myself. Let’s let the DHS’s “Center of Excellence” inform us of this important episode in our history, which came, by the way, after the FBI claimed they had stopped their Cointelpro program of disruption of the Left.

Assassination Attempt, FBI Agent Hides the Weapon

From START’s SAO webpage:

The report also stated that the SAO planned to kidnap and murder protestors of the 1972 Republican National Convention, which was to be held in San Diego before being relocated to Miami Beach. An assassination attempt of Dr. Peter Bohmer, professor at San Diego State University, and Paula Tharp, reporter for the San Diego Street Journal, brought about the arrests of several SAO members who later acknowledge an FBI connection. During the investigation, the gun used in the assassination attempt was found in the home of FBI agent Steven Christiansen, who was subsequently identified as a SAO contact. In 1973, Godfrey, testifying as an FBI informant, claimed he received up to $20,000 in weapons and a $250 per month income from the FBI to recruit new SAO members and provide information to agents. He also testified to the criminal acts of several SAO operatives, including fellow leader Jerry Lynn Davis. Official statements from the FBI claimed no involvement with the SAO, and no agents were prosecuted.

The story of the SAO is a forgotten piece of contemporary history that is directly relevant to a number of current issues, including the prosecution of the bogus “war on terror,” and the FBI’s role in it; the debates about government participation in and legalization of assassination of its own citizens; and government surveillance of and attacks upon dissent in this country.

It also could be considered a prime example of the historical amnesia that plagues our times, an amnesia hastened by disinterest by the major media, cheered on by government agencies none too interested in accountability for government overreach or even criminality.

Links to the President

According to the Ann Arbor Sun at the time, the ACLU tagged the SAO as “an interagency apparatus organized ‘at the direction of Richard M. Nixon.’”

Reportedly the link to Nixon came via Watergate burglar White House “plumbers” operative Donald Segretti, who affidavits claimed had given funds and military hardware to SAO to disrupt the 1972 GOP convention in San Diego. (The convention was subsequently moved to Miami Beach.)

But it was the FBI who seems to have been operationally in charge.

From the Sun: “SAO operative Jerry Lynn Davis, who once participated in the CIA’s Bay of Pigs invasion, revealed that [admitted FBI informant Howard Barry] Godfrey had regularly supplied the SAO with money and weapons on behalf of the FBI.”

A newspaper office was attacked. A car firebombed. Informants infiltrated, while meetings were monitored. There were plans to poison the punch at antiwar meetings. A theater was bombed. Bulletins were published on how bulletins on “how to make booby traps, how to use ammonium nitrate in high explosives,” And then, there was the assassination plot, or rather plots, as the SAO bungled one assassination attempt after another to kill a left-wing professor at San Diego State.

How It Went Down, and the Cover-up

New Document Details Arguments About Torture at a JSOC Prison

By: Jeff Kaye Tuesday January 29, 2013 12:06 am
Torture

Amnesty International projection "Torture is Wrong" outside of the Newseum during the screening of Zero Dark Thirty in Washington DC

Journalist Michael Otterman, author of the excellent book, American Torture: From the Cold War to Abu Ghraib and Beyond, was kind enough to forward to me some months ago a document he obtained via the Freedom of Information Act. The document consists of the after-action reports made by Colonel Steven Kleinman and Terrence Russell, two of the three team members sent by the Joint Personnel Recovery Agency (JPRA) to a top-secret special operations facility in Iraq in September 2003.

The reports, written shortly after both JPRA officials finished their assignment, present two starkly different accounts of what took place that late summer in the depths of a JSOC torture chamber. Even more remarkable, Col. Kleinman, who famously intervened to stop torture interrogations at the facility, had his own report submitted to Russell for comment. Indeed, Kleinman’s report as released contains interpolations by Russell, such that the documents become a kind of ersatz debate over torture by the JPRA team members, and at a distance, some of the Task Force members.

This extraordinary document is being posted here in full for the first time. Click here to download.

“Cleared Hot”

Kleinman told the Senate Armed Services Committee (SASC), which in 2008 was investigating detainee abuse in the military (large PDF), that he thought as Team Leader (and Intelligence Director at JPRA’s Personnel Recovery Academy) he was being sent to the Special Mission Unit Task Force interrogation facility to identify problems with their interrogation program.

Much to his surprise, he and his JPRA team were being asked to provide training in the kind of techniques originally used only for demonstration and “classroom” experience purposes in the military’s Survival, Evasion, Resistance, Escape, or SERE program. (JPRA has organizational supervisory control over SERE, though the constituent arms of the military services retain some independence in how they run their programs.)

But not far into his mission, JPRA’s Commander, Colonel Randy Moulton, told Kleinman and his team they were “‘cleared hot’ to employ the full range of JPRA methods to include specifically the following: Walling – Sleep Deprivation – Isolation – Physical Pressures (to include stress positions, facial and stomach slaps, and finger pokes to chest) – Space/Time Disorientation – White Noise”.

The story of the JPRA team visit and how it went bad, how Kleinman intervened when he saw a kneeling prisoner being repeatedly slapped, how he refused to write up a torture interrogation protocol for use at the TF facility — widely believed to be Task Force 20 (as reported by Jane Mayer in her book The Dark Side: The Inside Story of How the War on Terror Turned Into a War on American Ideals) — has been told at this point a number of times.

But never has the degree of acrimony and conflict that went on between Kleinman and his other JPRA team members, and the back and forth with superiors and TF personnel been so carefully detailed.

Russell, who was a civilian manager for JPRA’s Research and Development division, was in particular open about why the team had been sent, and who they were helping. Kleinman, on the other hand, explained in his report at the outset that a nondisclosure agreement put “significant limitations on the details of our actions that can be reported herein.”

Russell was not so reticent. He’s quite clear the purpose of the TDY (temporary assignment) was “To provide support to on-going interrogation efforts being conducted by JSOC/TF-20 elements at their Battlefield Interrogation Facility (BIF)…. At the request of JSOC, a JPRA support team was formed to advice [sic] and assist in on-going interrogations against hostile elements operating against Coalition Forces in Iraq. The mission of the TF-20 interrogation element, J2-X, was to exploit captured enemy personnel and extract timely, actionable intelligence to support operations that would lead to the capture of ‘Black List’ and other high-value and terrorist personnel.”

According to Russell, “TF-20′s deputy commander and JPRA/CC [that is, Commander, who was Col. Randy Moulton] approved the support team to become fully engaged in interrogation operations and demonstrate our exploitation tactics, techniques and procedures (TTP) to the J2-X staff.”

“A lack of clear guidance”

David Remes on the Tragic Death of Adnan Latif: What is the Military Trying to Hide?

By: Jeff Kaye Monday December 17, 2012 2:40 pm

The following is posted by permission. It was written by David Remes, an attorney for the late Adnan Farhad Abdul Latif.

The Tragic Death of Adnan Latif: What is the Military Trying to Hide?

Adnan Farhan Abdul Latif

by David Remes

A few weeks ago, as Truthout first reported, the US military began saying that my client Adnan Latif, a Yemeni at Guantanamo, who died in his cell on September 8, committed suicide by overdosing on medication he smuggled into his cell. On Saturday, December 15, the military further stated that acute pneumonia was a contributing factor in Adnan’s death. The government’s theory doesn’t stand up. It leaves urgent questions unanswered.

Extraordinary scrutiny

By way of background, my unclassified notes indicate that Adnan’s tragic saga unfolded between August 8 and September 8.

The tragic saga began when Adnan was in Camp 6, a medium security facility, where detainees are allowed to socialize and have other privileges. On August 8, Adnan was moved from Camp 6 to the psych ward, and from there to the camp hospital. On Friday, September 7, though suffering from acute pneumonia, Adnan was moved from the camp hospital to Camp 5, a maximum security facility. There, he was put in the “punishment” cellblock, in the cell where he was found “motionless and unresponsive” the next day.

Though he was slight in build, and his weight fluctuated between 100 and 120 pounds, Adnan could be difficult to control. Guards asked other detainees how to manage him. As many as six guards “escorted” him from place to place. He was searched repeatedly wherever he went. He was monitored in his cell day and night by an overhead dome camera. Instead of the usual solid steel door (0:50-0:60), Adnan’s cell door may have been toughened glass (0:40-0:45), designed for constant observation of “vulnerable prisoners.”

Adnan’s exit from Camp 6 illustrates this scrutiny-on-steroids. As he was about to be moved to the psych ward, Adnan asked to go back to his cell to change clothes. The guards would not allow it and instead sent another detainee to fetch the clothes. The guards watched Adnan change in the hallway. This scrutiny alone prevented Adnan from smuggling anything out of Camp 6.

Important Questions

Given these barriers, designed just for him, is it plausible that Adnan smuggled medication into his cell, much less kept and used it? Or did the military, perhaps, plant medication in his cell to facilitate his suicide? (Other detainees have reported such apparent suicide prompts.) Did Adnan actually commit suicide, or was he forced to take the medication? Was he tricked? Did he even die of overmedication?

What medications was Adnan administered? In what doses and on what schedule? How were the medications administered—By injection? Orally? If orally, how were they administered—As pills? Capsules? Liquids? Solutions? Where were the medications administered—in Adnan’s cell? The hallway? A dispensary? Somewhere else?

This past Saturday, September 15, the military disclosed, out of the blue, that acute pneumonia was a contributing factor in Adnan’s death. Why did the military wait to disclose that information? The military continues to withhold the other information in the autopsy report. Why the selective disclosure? And how could the military have discharged from the hospital a man with acute pneumonia?

Also on Saturday, the military announced that it had repatriated Adnan’s remains to Yemen. Until then, the military held the remains at Ramstein Air Base in Germany. Why did the military hold onto Adnan’s remains in the first place? Why did it repatriate them now? Did the military let Adnan’s body decompose to a point that an independent autopsy cannot be performed?

A Cover-Up?

The autopsy report undoubtedly answers many of these questions. Yet the military will not release the report.

Why is the military stonewalling? What is the military trying to hide?

On Sunday, the family buried Adnan’s remains.

Rahmato Allah Aleih

رحمة الله عليه

Gitmo Detainee Death Mystery Deepens with News of Drug Overdose

By: Jeff Kaye Wednesday November 28, 2012 11:37 pm

Adnan Farhan Abdul Latif

Charlie Savage at the New York Times reports that “several people briefed on a Naval Criminal Investigative Service inquiry” into the death of Guantanamo detainee Adnan Farhan Abdul Latif, who was found unresponsive in his cell last September, have revealed that the prisoner “died from an overdose of psychiatric medication.”

As Savage notes, the military autopsy has reportedly declared Latif died a suicide. Accordingly, investigators are said to be following up a scenario wherein the Yemeni detainee, recently moved from the psychiatric ward to a disciplinary solitary unit at Camp 5, hoarded medications somehow, and used them to overdose last September 8.

To date, we do not know what kinds of medications were involved, except they were “psychiatric” in nature. Nor do we know how many different medications were supposedly involved. While the Times article implies investigators are looking at pills, as explained below, Latif also received forcible injections of drugs at various times.

Jason Leopold broke the story labeling Latif’s death a suicide in a November 26 article at Truthout. The autopsy report itself has not been publicly released, and has been the subject of wrangling between U.S. and Yemen authorities, a dispute that has left the former Guantanamo’s body in limbo (allegedly frozen) at Ramstein Air Base in Germany.

Cause of Death vs. Manner of Death

New York Times Decides Guantanamo Detainee Committed Suicide

By: Jeff Kaye Monday November 26, 2012 8:24 pm

Jason Leopold continues to do superb reporting on the mysterious death last September of Guantanamo detainee Adnan Farhan Abdul Latif. Monday, Leopold posted breaking news that a government autopsy report on Latif, not yet officially released, concludes that the 36-year-old prisoner died of suicide.

Guantanamo protesters in prisoner outfits with 'CLOSE GUANTANAMO' Banner

Despite years of pressure (& a presidential promise) Guantanamo remains open.

Leopold sourced the revelation to Yemeni government officials and “a US military investigator close to the case.” The Department of Defense has not yet officially stated any cause of death for Latif, who was discovered inert in his cell at Guantanamo’s Camp 5 on September 8.

Leopold wrote that a “spokesman for United States Southern Command (SOUTHCOM), Joint Task Force-Guantanamo’s (JTF-GTMO) higher command” told Truthout that DoD would “issue a statement as soon as [Yemen] accepts [Latif's] remains.” Just two days after Latif’s death, a Guantanamo spokesman told Associated Press, “There is no apparent cause [of death], natural or self-inflicted.”

But none of this stopped the New York Times from stating in an editorial Sunday calling for Guantanamo’s closure that Latif had in fact committed suicide. Coming out of nowhere, such a statement was, frankly, bizarre.

Here’s what the Times wrote, some 12 hours before Leopold even posted his story at Truthout, and with no published source anywhere definitively reporting Latif’s cause of death as suicide (bold emphasis added):

In September, a member of this stranded group, a Yemeni citizen named Adnan Farhan Abdul Latif, killed himself after a federal judge’s ruling ordering his release was unfairly overturned by an appellate court. It was the kind of price a nation pays when it creates prisons like Guantánamo, beyond the reach of law and decency, a tragic reminder of the stain on American justice.

Narratives R Us

There is a lot wrong about the claims in the NYT op-ed, as much as I might agree with the overall thrust of the editorial about shutting down Guantanamo. The Times editors may have thought the latest death of a prisoner at Guantanamo highlighted the crime of keeping Guantanamo open. And they are right about that, but their conclusion — their narrative of Latif’s death — closes off inquiry into what actually occurred, and in doing that they are not acting as a watchdog upon possible government abuse.

First of all, there is no affirmative statement by the government that Latif’s cause of death was suicide. In fact, as Leopold points out in his article, all the earlier statements from DoD led one to believe that suicide was not a cause of death. The only recent article to claim otherwise was by Leopold, and it was not published until many hours after the NYT made their claim.

Secondarily, not only does the New York Times supposedly know how Latif died, they also imply they know why he killed himself, i.e., he “killed himself after a federal judge’s ruling ordering his release was unfairly overturned by an appellate court.”

Well, yes, he did die after the appellate court ruling — nearly eleven months afterward, as the ruling by a three-judge panel of the U.S. Court of Appeals for the District of Columbia came in October 2011. A subsequent appeal by Latif’s attorneys to the U.S. Supreme Court was rejected last June, also approximately three months before Latif died.

Since no one reads articles very carefully, and it is enough to spread a particular narrative in mainstream media sources to manufacture a version of Truth, the NYT does its readers a disservice by producing a bogus narrative of the death of Adnan Latif. According to the Times, Latif killed himself, and it was likely because his court case was overturned.

To be fair to the Times, there were stories in the press that speculated upon just such a scenario, as the Reprieve spokesperson in this Alternet article from last September appeared to do. In addition, the Swiss chapter of Amnesty International wrote about the Latif death on November 1, and indicated that the Guantanamo prisoner had died of suicide. (“Le suicide du détenu yéménite Adnan Farhan Abdul Latif en septembre 2012 nous rappelle la cruauté de ce régime de détention qui permet une détention illimitée et illégale.”).

But statements by human rights groups are not the same as statements by the editorial board of the New York Times. One wonders what led them to assert that Latif had died from suicide, when no public source, indeed no story in their own paper had reported the same, until Truthout published Leopold’s story nearly 12 hours later.

“Questions Remain”

Anti-Torture Psychologists Respond to Attack from APA Division Chief

By: Jeff Kaye Wednesday November 7, 2012 1:47 pm
TortureChamberBodrumTurkey_bazylek100-Flickr

Torture Chamber. Bodrum, Turkey.

The battle within the American Psychological Association (APA) to bring that organization into line with other human rights groups and attorney organizations in opposing the use of psychological personnel in national security interrogations accelerated last month when a prominent APA official came out strongly against a petition to annul APA’s ethics policy on national security and interrogations.

In June 2005, the APA published their report on Psychological Ethics and National Security (the PENS report). APA, stung by criticism that psychologists had been involved in torture at Guantanamo and elsewhere, nevertheless stacked the panel hastily assembled that Spring with over fifty percent military and/or military connected members.

These were not just any military individuals, but included the former Chief of Psychology at Guantanamo, a SERE psychologist who supported use of SERE techniques in interrogations, and a Special Forces top psychologist who, according to an investigation by the Senate Armed Services Committee, had actually trained interrogators in use of SERE torture techniques in interrogations.

Reposted below is a letter from the Coalition for Ethical Psychology (CEP), responding to an October 26  letter from the President of the American Psychological Association’s Division 42, Psychologists in Independent Practice, who had written a reply to CEP’s request for support for their call for annulment of the APA’s PENS report.

The original petition to annul the PENS report was posted at CEP’s website in October 2011. The petition called PENS “the defining document endorsing psychologists’ engagement in detainee interrogations.”

The petition continued: “Despite evidence that psychologists were involved in abusive interrogations, the PENS Task Force concluded that psychologists play a critical role in keeping interrogations ‘safe, legal, ethical and effective.’ With this stance, the APA, the largest association of psychologists worldwide, became the sole major professional healthcare organization to support practices contrary to the international human rights standards that ought to be the benchmark against which professional codes of ethics are judged.”

The political heat around the anti-PENS petition increased noticeably when CEP came out publicly against a so-called “member-initiated task force” to “reconcile policies related to psychologists’ involvement in national security settings.” This task force, actually established with APA Board and staff support, was opposed to the annulment petition, and likely was formed to blunt the impact of CEP’s call for annulment, which was gaining much support. One of the prominent members of this new “task force” is William Strickland, the president and CEO of the long-time military contractor-research group, Human Resource Research Organization (HumRRO),

A number of APA divisions have signed onto CEP’s petition, including Div. 6 (Behavioral Neuroscience & Comparative Psychology), Div. 27 (Society for Community Research and Action), Div. 39 (Psychoanalysis), and others. The CEP petition also gained the support of the ACLU, Center for Constitutional Rights, the Bill of Rights Defense Committee, Physicians for Human Rights, and other organizations, as well as prominent individuals, including past APA President Philip Zimbardo, psychiatrist Robert Jay Lifton, and Nobel Prize winning geneticist Richard Lewontin, among many others.

“Harming our practice of psychology”

The Div. 42 letter was written by Jeffrey Younggren, a psychologist who has long presented himself or been recognized as an expert in psychological ethics, and who has a long-time association with military psychology, including a posting as Colonel in the United States Army Reserve to the Office of the Surgeon General, 1999 – 2002, and four medals for service to the Department of Defense.

Readers interested in Dr. Younggren and the Division 42 board’s point of view on PENS are encouraged to read their letter.

Quoted directly below is a portion of Younggren’s letter, wherein he describes the response of Div. 42′s Board to CEP’s original request to them for support of PENS annulment. Dr. Younggren concludes Div. 42 “will not introduce or sign onto any resolution about recalling or annulling the PENS report,” but his discussion goes farther than a mere statement of position on annulment.  He lambasted CEP itself (bold emphases are added for emphasis):

We request that your Coalition stop using the press to spread all negative information about its dissatisfaction with APA. You are harming our practice of psychology by giving false and biased information and therefore, impacting negatively on the ability of people who need psychological services to receive them from ethical and competent psychologists in independent practice….

[The PENS report] was properly vetted at the APA COR [Council of Representatives] meeting that voted to accept it. It is not APA policy. Rather COR merely accepted the information that may or may not be used in formulation of formal APA policies. Annulment [of PENS] would disenfranchise the COR members who voted to accept the report in 2005 and further would be disrespectful to the work done by members whose contribution may have helped the report be more honest than if only members who agreed with the Coalition’s were represented on it….

By distributing copies of this letter, we will ask APA to maintain a vigorous response to any further complaints publicized by the Coalition in the media that may damage our members’ independent practice of psychology. We believe that only by giving a partial story to the media, the Coalition is damaging the entire field of psychology.

PENS, Younggren, and APA’s Council of Representatives

Government’s Psychological Evaluation of Manssor Arbabsiar Fails to Impress

By: Jeff Kaye Tuesday October 9, 2012 2:31 pm

Manssor Arbabsiar

Gregory B. Saathoff M.D. is the latest mental health professional to weigh in on the Manssor Arbabsiar case. Marcy Wheeler at Emptywheel has been dissecting aspects of Saathoff’s narrative of events surrounding Arbabsiar’s interrogation and confession (see here, here, and here).

I want to look more closely at the claims Saathoff makes in an October 3 “Forensic Psychiatric Evaluation” on Arbabsiar’s mental status, symptoms and diagnosis. The evaluation was dated the same day as a government memorandum arguing against a defense motion to dismiss or suppress evidence drawn from Arbabsiar’s interrogation. The reason for such dismissal or suppression? The defense presented expert opinion that Arbabsiar had been in a manic episode during the period of his interrogation, having a previously undiagnosed case of Bipolar Disorder. As a result, he was not in his right mind when he waived presentment (presentation before a judicial official) and his Miranda rights.

For those who have forgotten, Arbabsiar is Iranian-born, but a U.S. naturalized citizen, a Texas used car salesman with a cousin in the Iranian Quds force. According to U.S. prosecutors, in 2011, Arbabsiar contacted a confidential DEA informant in Mexico, and, believing he was talking to someone in a Mexican drug cartel, arranged the assassination of Saudi ambassador Adel al-Jubeir. But the assassination and other alleged terrorist plots, of course, never took place, and Arbabsiar was detained in Mexico, flown to the U.S. and interrogated by the FBI at (it turns out) an undisclosed military base from September 29 to October 10, 2011.

Here’s Saathoff quoting FBI Special Agent Shalabi about what the latter called Arbabsiar’s “erratic” behavior during his “confession” in the early morning hours of October 3:

FBI SA Shalabi recalled in a September 7, 2012 interview that after having observed Mr. Arbabsiar sleeping soundly, Mr. Arbabsiar awakened at 3 am and expressed concerns about jail. “The first thing out of his mouth was “What is jail like in the United States? How harsh are the conditions? What should I expect?” After going into the bathroom [where elsewhere we learn he "washed his shirt in the bathroom sink" - JK], Mr. Arbabsiar came back out into the living area, and FBI SA Shalabi recalled Mr. Arbabsiar’s statements and behavior:

“You know what I did?” And I said “no”. Then on his own accord, without me asking, (I decided to keep my mouth shut) he told me he was in big trouble. Had gotten involved in big politics. Wife had a lot of financial demands. Son’s pregnant girlfriend added more to the stress. So he told me that he decided to go to Iran to solicit more help for [his] family… He said that his cousin was a “big general”, [who] was “senior” with decision-making powers. [He was] Approached by cousin to then give money to kill the Saudi Ambassador. As he was telling me this, he reflected back on the whole situation. As he told me the story, [as] he said that, he looked upset and [said that he] had been used by his cousin. Then he went back to smoking [elsewhere Arbabsiar is described as smoking four packs a day - JK], tossed and turned, and then fell asleep.

For the U.S. it was a propaganda coup, for it claimed that someone in the Iranian government was planning or instigating a terrorist attack in the U.S. against a foreign diplomat. The hawks in the U.S. government squawked loudly and long.

No one ever seems to notice that the only foreign diplomat ever actually assassinated in the U.S. was former Chilean ambassador to the U.S., Orlando Letelier, murdered in Washington D.C. in 1973 by order of the government of Augusto Pinochet. The hit man was Michael Townley, an agent for Chile’s intelligence directorate (DINA) who also worked for the CIA. In 2000, it was revealed that the mastermind of the terrorist attack, which also killed Letelier’s assistant, Ronnie Moffett, was Chilean intelligence chief Manuel Contreras, and he, too, was a paid asset of the CIA.

In the case against Arbabsiar, the evidence seems sketchy. Wheeler points out that Saathoff’s report explains the DEA informant Arbabsiar is supposed to have contacted “had a younger sister with whom he had a sexual relationship in 1992, while he was married to his third wife”! What a coincidence, one might say.

But particularly damaging to the government are the questions surrounding the veracity of his confession, which was attacked by top mental health experts brought in by the defense, who stated Arbabsiar, who had waived his rights within hours of capture (while possibly jonesing terribly for a cigarette), suffered from bipolar disorder and was not able to make a reasoned decision about his rights or actions.

Bipolar Disorder with “Impaired Cognitive Functioning”