Danny Robbins at Associated Press reported last Friday that the Texas State Board of Examiners dismissed a licensing complaint filed by a Texas psychologist against former SERE psychologist James Mitchell. Mitchell was accused of “violating the standards demanded by the Psychologists‘ Licensing Act and the Board‘s Rules of Practice” (PDF). Specifically, the complaint cited Mitchell’s role in the design and implementation of a torture program, “ignoring the complete lack of a scientific basis for the regime‘s safety and—assuming its safety—its effectiveness,” as well as his actual participation in the torture of prisoners such as Abu Zubaydah.
The complaint against Mitchell was filed on June 16, 2010, and was signed by Texas psychologist Jim L.H. Cox. Attorneys Dicky Grigg and Joseph Margulies were also signatories to the complaint. Grigg and Margulies have also represented Guantanamo prisoners before the government.
According to the AP story, “The board said there wasn’t enough evidence to prove Mitchell violated its rules,” despite the fact that “thousands of pages of evidence, including sworn testimony, tying Mitchell to practices that violate professional ethics” were presented to the board. It is not known if Mitchell utilized in his board defense any of the $5 million “indemnity” defense fund set up by the CIA for use in legal defense for Michell and his CIA contractor partner, Bruce Jessen.
The hearing was held on February 10. Proceedings were held in secret session, and only Mitchell and his representative were present before the three board members. No complainants were at the hearing. Two days later, the board issued its finding of dismissal. Strangely, no reports of the Texas board decision surfaced for another two weeks.
As AP notes, the Mitchell decision follows the dismissal of other cases brought before boards in New York, Ohio, and Louisiana, concerning other military psychologists, Major John Leso and Colonel Larry James. Late last year, the Center for Justice and Accountability and the New York ACLU filed asked a New York court “to order the New York Office of Professional Discipline (OPD) to perform its duty to investigate a complaint of professional misconduct against Dr. John Francis Leso, who, as asserted in the complaint, violated professional standards when he designed and participated in the abusive interrogation program at Guantánamo.”
Worldwide Actions to Hold the Torturers Accountable
The decision of the Texas state board also comes in the context of a number of legal actions worldwide to bring the Bush-era torturers to justice. Lawyers and international human rights activists and organizations continue to press for investigations and prosecutions of the torture of Abu Zubaydah and other “high-value” detainees held in CIA black site prisons around the world, or sent to foreign countries for torture as part of the U.S. “extraordinary rendition” program.
Most recently, the Spanish National Court announced it had the competent standing to proceed with the investigations into the torture of former Guantanamo prisoner Lahcen Ikassrien, since he had been a Spanish resident for 13 years. Center for Constitutional Rights said in regards to the decision:
Since the U.S. government has not only failed to investigate the illegal actions of its own officials and, according to diplomatic cables released by WikiLeaks, also sought to interfere in the Spanish judicial process and stop the case from proceeding, this will be the first real investigation of the U.S. torture program. This is a victory for accountability and a blow against impunity.
Meanwhile, in Poland, where the U.S. constructed one of the CIA black site prisons, authorities were stymied in their efforts to secure U.S. cooperation into their country’s investigation into the CIA activities at the black site near the Szymany air base in northern Poland. The Obama administration cited an international Agreement on Mutual Legal Assistance in Criminal Matters, whereby “a country has the right to refuse to provide legal assistance if the execution of the request would encroach on this country’s security or another interest of this country.” Requests for an investigation were forwarded by legal represenatives of former CIA prisoners Abu Zubaydah and Abd al-Rahim al-Nashiri.
In a direct rebuff to the United States, a Polish state prosecutor last January became “the first state official to accept Abu Zubaydah’s claims that he was a victim of extraordinary rendition and secret detention in Poland.” Zubaydah is being represented by Polish lawyer Bartlomiej Jankowski, who is working with the British human rights charities Interights and Reprieve, in addition to U.S. lawyers Joseph Margulies and Brent Mickum. Al-Nashiri was recognized as a “victim” of torture by Polish authorities last fall.
In Lithuania, where other black site prisons also operated, presumably near Vilnius, state authorities meanwhile have dropped investigations into torture, rendition and CIA activities. After initial support for an investigation of the prisons — one of them constructed at a former horse riding club — Prosecutor Darius Valys announced in January that the investigation was over. According to a report by Reprieve, Valys admitted “that three ex-security services agents had ‘abused their position’” but “oddly stopped short of addressing allegations of serious official crimes, including torture and illegal imprisonment.” In addition, the Lithuanian prosecutor made a pro forma nod to expired statutes of limitation, and also a bizarre charge that NGO “lack of transparency” had harmed the investigation.
Attorney Joseph Margulies replied, “The Prosecutor is trying to deflect blame for the failure of his investigation onto NGOs and the media. It’s ironic that an official investigation into a secret torture facility should claim to be thwarted because the media is insufficiently transparent.”
UK State Investigation Blasted by Human Rights Groups
A British government investigation into UK complicity with U.S. torture programs, announced last July after revelations in the UK court case on Binyam Mohamed, has met criticism from almost the beginning. In particular, the decision to have Sir Peter Gibson, the Intelligence Services Commissioner, responsible for monitoring secret bugging operations by MI5, MI6 and GCHQ (Britain’s version of the NSA), lead the investigation was questioned from the very start.
At this point, a number of British NGOs are so concerned that the inquiry, according to the UK Guardian, “will fail to meet the UK’s obligations under international and domestic law,” that they are considering boycotting the proceedings. Nine of the NGOs – Amnesty International, Cageprisoners, JUSTICE, Liberty, the Medical Foundation for the Care of Victims of Torture, Redress, Reprieve, the AIRE Centre and British Irish Rights Watch — have written a letter to Gibson expressing their concerns.
The letter is substantive and detailed, and includes discussion of whether the inquiry as currently constituted can meet Article 3 (prohibition against torture) requirements of the European Convention on Human Rights and Fundamental Freedoms (ECHR) regarding promptness, independence, and thoroughness. In addition, the NGO signatories note the insufficiency of public scrutiny and victim participation, the lack of effective remedy and redress for victims, secrecy invoked over the material to be presented, and “the lack of any current powers to compel the production of documents or the attendance of witnesses.”
Another outstanding issue facing the inquiry concerns the last British resident in Guantanamo, Shaker Aamer. As Andy Worthington pointed out in an article on the torture inquiry, due to begin this coming week, Aamer “is still held despite being cleared for release by a military review board in 2007, when President Bush was still in power.” Aamer is the only British torture prisoner to directly claim “that British agents were in the room when he was tortured by US operatives in the US prison in Kandahar prior to his transfer to Guantánamo in February 2002.” Worthington notes that the British inquiry “cannot legitimately begin while he is still held,” as Aamer is a crucial witness as to UK participation, “whose testimony Sir Peter Gibson will need to hear if the inquiry is to have any credibility.”
What Is to Be Done?
It is perhaps unavoidable that the efforts to establish investigations and promote accountability have been led by attorneys and human rights activists (most of them attorneys, too, by the way). As a result, the movement for accountability appears to rise and fall based on the legal decisions of governments, administrative boards, military commissions, and non-U.S. governmental prosecutors. While these legal actions are necessary, and the lawyers and NGO personnel involved deserve our thanks, at the same time the anti-torture movement suffers from an over-reliance on legalism at the expense of social struggle to end the use of torture.
On the other end of the spectrum, groups that promote local activism to bring justice to torture victims or accountability to war criminals like John Yoo, tend to get lost in overly parochial approaches, which when they fail, as in the case of the defeat of a Berkeley, California measure to endorse resettling cleared Guantanamo detainees in that city, promote demoralization and/or endless rounds of campaigning, with little or no progress. While such activists also deserve praise for their efforts, behind the scenes they too express frustration over what course of action might bring greater success.
The underlying problem is political, and lies in a refusal to take on the legitimacy of the so-called “war on terror,” which the U.S. uses as an excuse for the extension of its power abroad in support of corporations that seek to extend their economic influence and power, and which are interpenetrated with the U.S. military and intelligence establishment in that effort. It is apposite to notice, too, the efforts of the government to interdict and obstruct the work of anti-government critics, as the recent revelations surrounding FBI abuse and HBGary make abundantly clear.
In addition, effective action means taking on the misleadership and perfidy of both political parties, both Democratic and Republican. The Obama administration’s refusal to investigate war crimes, and its implication in ongoing war crimes (abuse of prisoners, assassination, use of drones) has not seriously been challenged by the liberal establishment.
The issue of U.S. or British torture is not really separable from issues of war abroad and domestic crackdown on civil liberties at home. Nor is it separable from the economic policies of the United States, which under both political parties has favored the enrichment of a privileged class over the immiseration of large portions of the population.
Nothing demonstrates the bankruptcy of the current ruling elites than the use of torture and assassination. The fight against torture must mean a full political assault against the legitimacy of a state apparatus and its defenders, who use such horrific means as torture as a bulwark against those who they fear challenge their rule and privileges. It must also involve the full use of the social power of civil society (unions, churches, professional organizations), which thus far have remained wedded to leaderships that will not challenge the electoral mastery of a morally and politically bankrupt two-party system.



52 Comments

“The underlying problem is political”, or cowardice on the part of politicians in the United States. I cannot believe it’s blindness on their part.
Excellent article, Jeff. Thanks for your determination and persistence. Rec’d.
I didn’t say too much about the politicians, as they have collectively been awful on this.
While I appreciated the work of the Senate Armed Services Committee in investigating SERE-military abuses and torture — their investigation indeed helped build the evidence against Mitchell and Jessen — they have refused thus far to unredact significant portions of the report. Meanwhile, the Senate Intelligence Committee has supposedly been investigating the torture for at least a year, but we’ve heard nothing from them as to findings, or really, anything.
As long as the Obama administration continues to act against accountability, and wage its wars of conquest in Afghanistan and abroad, then no progress will take place on the Congressional front, as the politicians dare not offend the WH.
For that matter, why haven’t the actions of the Bush and Obama administration in turning Iraqis over to torture by Iraqi forces — under the FRAGO 242 order revealed in the Wikileaks Iraq documents — been slated for investigation, as they represent war crimes of the highest order under the Convention Against Torture, a treaty to which the U.S. is signatory?
Well, that’s the nut of it I suppose. Obama is not only covering for Bush, he’s covering for himself, isn’t he….
Jeff, thank you for your powerful and tireless work, and for another excellent post. As ever, you learn me.
Thank you Jeff
I was thinking about torture this weekend and the people who need to torture. I think this mindset drives the priests in their child abuse. Is it a need of unhealthy worship this mindset needs, which resets to the need for a higher “high” with each experience? I think they take public silence as admiration for their willingness to torture to “save” us from far worse unknown people not the revulsion most have to be next to a torture advocate, see them, hear them and watch them gloat.
It’s like a need to murder but to leave a live body totally beholden unto “you”, behind. I think of possible external causes for this regression on such a large scale like nuclear above ground testing or constant microwave exposure might be like the lead in the Roman water system that drove everyone nuts. There must be something in our water.
Excellent post, Jeff. Recc’d. Thank you so much for staying on this dismal beat, and for having set the developing story out so clearly.
Torture is essential to making the economically and politically oppressed accept their oppression — because there IS something worse.
In the late 1990s, a Russian police general I’d met in Europe told me, as a compliment and through an interpreter, that I would not betray him under torture. How unreal that seemed! How far removed from any world I then knew.
May the current spreading revolts against regimes needing torture to survive will restore that world, this time for everyone.
Recommended.
“The Obama administration’s refusal to investigate war crimes, and its implication in ongoing war crimes (abuse of prisoners, assassination, use of drones) has not seriously been challenged by the liberal establishment.”
Is there a “liberal establishment”? I’m not seeing one.
Well, what used to be called the “liberal establishment” anyway ;-)
I think most know, or should know, I’m referring to the Congressional Democrats (or those who style themselves as liberal), liberal labor organizations, numerous publications and pundits who are Democratic Party supporters, Greens, etc.
I guess the poster boy for this group would be… Al Gore.
That cannot be a good thing.
“The fight against torture must mean a full political assault against the legitimacy of a state apparatus and its defenders, who use such horrific means as torture as a bulwark against those who they fear challenge their rule and privileges.”
That’s a very important sentence. Indeed, the true horror of the ruling elite is their now open willingness to suspend or disregard the rule of law so blatantly to defend the criminal advantage they continue to afford themselves over the rest of society.
Rule of law gone = crunch time. From here, I doubt the “system” can ever heal itself or be reformed. It will have to be completely overthrown and defeated. It’s now the moment of “all or nothing”.
More seriously, I think given Obama’s apparent embrace of the same illegal tactics and methodologies and the lack of any viable high profile alternative voices in the Left, anyone who doesn’t want to be ostracized from the Dems will be afraid criticizing or further bringing to light of these crimes could easily implicate and/or weaken the White House.
I’m afraid as long as Obama represents the party, there can be no accountability- this is the consequence of “looking ahead”, it made the current administration essentially complicit as an accomplice after the fact in obstructing investigation of crimes of unlawful imprisonment and torture. I think this immoral decision to provide effective immunity from prosecution for the crimes of the previous administration also made continuing those crimes seem an acceptable course.
Why would the “liberal establishment”, whatever that means today, want to bring that complicity and furtherance of criminality to light when it could blow back on the WH and their man?
Obama ceded any potential moral high ground to operate from when he made the decision to “look ahead”. We will be paying the price for that cynical step as long as he and his team remain in positions of influence.
As an analogy, think of the corrupt older cop who when faced with a naively idealistic rookie, knows the fastest way to keep the rookie from becoming a problem is to incrementally make them complicit. Once they’ve taken the first step to protect or cover up their corrupt fellows to fit in they can no longer threaten that corruption as they now have dirty hands as well.
Obama’s hands are dirty and so are many of his administration and when the boss’ hands are dirty corrective measures become essentially impossible. Once moral corruption sullies the upper power echelon, it is systemic, flowing down until the entire organization is compromised. At the risk of sounding defeatist or sensational, I can’t see any way for these crimes now to be addressed or even acknowledged without incurring huge political costs to not just the past administration but the present one.
They’re all in it together now.
Thank you Jeff; the hypocrisy of the U.S. government is beyond comprehension by a honest mind. But I’ll disagree about “The underlying problem is political,”; I think the underlying problem is a lack of moral courage by individuals.
That investigation at the time would have, rightfully, and with glee destroyed the republican party, forever.
Therefore Obama is a bush/rove/Diebold plant or placeholder for Jeb. That’s the only rational conclusion one can come to.
You could frame it that way, and I wouldn’t disagree.
Is it normal procedure, is there even precedent for, a state board of examiners meeting in secret with only the defendant and its legal representatives present, with no presence by complainants with or without counsel? That would not seem to meet minimum due process standards.
This has the earmarks of another case of Texas justice, the quintessential contradiction in terms. No wonder it’s the Bush family’s adopted state.
Your screen name continues to detract from the merits of your comments.
It has the earmarks of a corrupt southern state parole board hearing, as described by John Grisham, but it’s not fictional.
I don’t know if it’s usual or not. It certainly seems unfair. I would think the complaintants would get to be heard, even if Mitchell were not in the room. The whole process is opaque, that’s for sure.
Thank you for this post. But maybe our failures fall on us too. Maybe we reach too far in assuming that “[t]he issue of U.S. or British torture is not really separable from issues of war abroad and domestic crackdown on civil liberties at home. Nor is it separable from the economic policies of the United States.” On the torture issue, we ought to be able to mobilize people across a wide spectrum of political thought, including those who believe in limited government, law and order folks, many in military leadership positions, as well as our traditional allies. By its nature, torture — much more than war, civil liberties violations, or predatory econoomic policies — is an issue around which we can create a public appetite for accountability. Maybe we have failed to realize the power of and potential allies we have on the issue.
My saying that torture is “not really separable from issues of war abroad and domestic crackdown on civil liberties at home” relates to the origin of this kind of policy.
In practice, the best allies I know on this issue are, besides the human rights organizations, military (JAG) attorneys. Also, some former military, who are very law and order types, for that matter.
The truth is, the potential allies you are thinking of have mostly bailed on this issue. The military has more anti-torture activists than mainstream political types. Go to the liberal and progressive blogs. You’ll find very little on torture. Few have covered the Mitchell case in Texas, for instance, and practically none are interested in reporting the outcome.
U.S. acceptance of torture as normal, not only USG, which I have come to understand as power plays, but more importantly the U.S. population, is one of the more distressing discoveries of my old age.
That was the plan — get Obama’s hands bloody as soon as possible so that he must cover for everyone.
The dope fell for it without blinking an eye.
I echo all those expressing our appreciation for your dedication and enduring in keeping us informed. I am particularly appreciative to see you addressing remedies, even if it seems almost hopeless today. There will be no justice without the seeking it. We just must keep the information out there. Are you now or are you considereing writing a book?
Interesting connection you make between torture and pedophelia.
Just came across this fascinating video of the Lawrence King/Boys Town scandal of the late 80s. It involves a cover-up of people at the highest levels of the Republican Party. The pedophelia of the Raygun era was replaced by the torture of the Bush era, but the players are all the same.
http://video.google.com/videoplay?docid=-7725966698433381712#docid=3395321338401208062
Mine, too. In fact, it depresses the shit out of me.
The monarchs of Europe ended torture (temporarily) in the late 18th century, embarrassed by the campaigns of Voltaire and others. We are slipping irrevocably backwards.
I have considered writing a book, and have been asked about it in the past. It’s not clear to me what specific angle I wish to approach. There’s already plenty of books documenting the torture. One more will not mean much one way or another. But I think I have something to offer, and if I can figure out how to package it, I’ll give it a try.
Thanks for the encouragement.
Nothing is surprising anymore coming out of corrupt Republican-controlled Texas.
The Texas Youth Commission went through a sex scandal involving children under the care of the TYC several years ago. A cover-up ensued as Republicans tried to hush it all up. And just recently all the Republican commissioners (appointed by Gov. Rick Perry) in charge of the TYC were awarded huge bonuses…even while Texas is facing huge budget shortfalls. Crime does pay…especially when Republicans commit (or try to cover up) the crimes, apparently.
The rule of law has been gone since 1963, and yet somehow the system has managed to limp along without it.
Consider yourself encouraged!! Get a good title and cover picture. You have to get their attention first. :-)
Interesting analysis of the Arabian revolutions as a result of shame of their governments.. http://www.nytimes.com/2011/02/27/opinion/27ajami.html?_r=1&scp=1&sq=Fuad%20Ajami&st=cse. .
Perhaps we shall someday become sufficiently ashamed of what our nation is and does in our name and do what is necessary to bring change.
Obama’s decision to “look ahead” was less damaging than Nancy Pelosi’s decision to “take impeachment off the table.” The opportunity to drive the stake into the heart of the monster was then, while the perpetrators were still within reach.
Pelosi’s failure to fulfill her Constitutional mandate to demand accountability brought the monster back to life.
Pelosi is to be faulted more than Obama.
I wonder who appointed the commissioners on the Texas State Examiners Board?
Of some interest in this case, from Texas Administrative Code:
I think the Board’s responsibility towards Mitchell would come under this (same link as above):
Note, however, that the statute also says:
Federal statutes? Like the Military Commissions Act, which gave immunity for crimes of torture going back to 1996? Did Mitchell scoot out of the complaint because his lawyers said that his actions were immunized by federal law?
Perhaps you need to go back to 1-22-09 for a moment.
http://www.whitehouse.gov/the_press_office/EnsuringLawfulInterrogations/
Remember Obama repudiated the Bush policies.
The Roman philosopher Seneca once wrote, “Shame may restrain what law does not prohibit.”
The Bush administration unleashed torture as law, and shame has thus far failed to live up to compensatory, social regulating status.
Perhaps the United States knows no shame. Conquering nations rarely do.
It is being done.
For instance, http://www.aclu.org/pdfs/natsec/padilla/2009_02_11(dkt133)JointNoticerePadillavYoo.pdf
There are others. You will hear good news soon.
http://www.aclu.org/accountability/ is a good place to start
I think we are all at fault until and unless we do something about it.
They will get a chance to reconsider as the facts come to light. From official sources, I mean.
In most of the liberal and progressive blogs, it doesn’t meet the requirements of short-attention-span theater. They have moved on, it is old news. When it is fresh again, they will be there. Until the, follow emptywheel and talkleft and the aclu blogs.
Perhaps not irrevocably.
I think you have something to offer too. Thanks for a great post.
Thanks for the kind words.
We can’t say this enough … thank you Jeff !
This is a good, solid post — thanks as always, Jeff.
My one constructive criticism regards the “What Is to Be Done” section: I think it’s too general. The basic point that we need to move beyond legalism is a sensible one, but comes off as a statement of high-minded principles which is not operationalized.
Can’t we come up with a specific campaign? Philippe Sands has concentrated on bringing the Bush 6 to justice — Gonzo, the OLC lawyers and some of the mouthpieces in between them in the DOJ chain of command, I believe.
Can we pick up that banner? Or if the Spanish courts act in the Lahcen Ikrassrien case, can we coalesce around that? Should we be contacting the White House comment line or DOJ to urge their cooperation with the Spanish courts? We’re clever people — we should be able to come up with something. At least that’s what I think.
As a journalist and published author (although on topics more frivolous than those under discussion here), my advice is that you’d need to come up with an angle not covered by other books about torture, a list which includes Jane Mayer’s “The Dark Side,” Philippe Sands’ “Torture Team,” Andy Worthington’s “The Guantanamo Files” and all the fine work done by Karen Greenberg at NYU (e.g, “The Torture Debate in America,” which sensibly includes pro-torture essays along with a majority of anti-torture ones).
Another way of putting this is to say it would make sense to ask yourself in what area or areas of the torture beat you are more knowledgeable than already-published authors on the subject. That would constitute the core of your proposal.
Finally: prepare yourself for good reviews but unremarkable sales. This is said not to dissuade you, but to steel you against unreasonable expectations. If you’ve gotten this far without becoming dispirited, then go for it.
I have to remember that one woman who acted as the herald for Donald Rumsfeld – “All hail the War Criminal Donald Rumsfeld! All hail the torturer Donald Rumsfeld!” – that was a GREAT ACT of civil disobedience.
Let them be called in public what they truly are.
Code Pink in action:
http://www.youtube.com/watch?v=BDmRdfyAUio
I think we will have to see what the Spanish courts actually do in the Ikrassrien case.
I also believe we should support the UK NGOs in the struggle to make the UK inquiry a real investigation. That could be huge. First, I think they, and we, should concentrate on getting Gibson removed from the panel, and to open up the hearings for the public.
What I’d like to see is something like the Bertrand Russell Commission on the Vietnam War from the 1960s. It worked as an investigative trial body, and it was staffed by some of the most authoritative figures in the society, so it carried a lot of moral weight.
Are there figures from our current society who would stake out such a role for themselves, against the propaganda and influence of the mainstream press and government, in an age when Fox News and the like carry such power? I don’t know.
If I had the answers to what would absolutely be effective, I wouldn’t be holding back on them.
For now, I support the actions domestically of the ACLU, CCR, PHR, and others (such as mentioned in the story). I’d like to see greater activity by unions and church organizations.
Some recent quotes:
President Obama: “Gadhafi’s government has violated international norms…and must be held accountable.”
U.N. Ambassador Susan Rice: The Security Council Resolution sent “a very powerful message to the leadership of Libya…that individuals will be held personally accountable.”
Again, Susan Rice: “When atrocities are committed against innocents, the international community must speak with one voice, and today it has.”
Secretary of State Hillary Clinton: “Colonel Gadhafi and those around him must be held accountable for these acts, which violate international legal obligations and common decency.”
That’s very clever and brave. When and where did this happen, and who was the admirable lady?
Thanks for your reply, Jeff. I’ll try to follow up on some of your suggestions.
Never mind — I watched the video :)