The following letter was submitted to the F.B.I. this morning. It describes some of the evidence for a conspiracy to commit torture charge against Condoleezza Rice. The evidence includes a video in which Ms. Rice comes oh-so-close to making a complete confession. Any prosecutor would relish going into court with the evidence provided in the document below. Are there any true law enforcement agencies out here in Minnesota? We shall see.
From: cturchick@hotmail.com
To: minneapolis@ic.fbi.gov
Subject: Report of Violation of 18 U.S.C. Sec. 2340A (c)
Date: Fri, 6 Nov 2009 14:00:10 +0000To whom it may concern:
We would like to report a violation of 18 U.S.C. Sec. 2340A (c), conspiracy to commit torture, the substantive offense being described in Sec. 2340A (a).
We refer you to the following videotape, which can be found at http://www.youtube.com/watch?v=ijEED_iviTA&feature=player_embedded. At approximately 5:22 of this video, the following conversation occurs:
Questioner: So I read in a recent report recently, um, it said that, uh, you, you did a memo, you were the one who authorized torture, uh, to the secret
Condoleezza Rice: Is that what you read?Questioner: I’m sorry, not torture, I’m sorry.
Rice: Thanks.
Questioner: Waterboarding.
Rice: Uh-huh.
Questioner: Waterboarding. Is waterboarding torture?
Rice: Uh, the President instructed us that nothing we would do would be outside of our obligations, legal obligations, under the Convention against Torture. So that’s, and by the way, I didn’t authorize anything. I conveyed the authorization of the Administration to the agency that they had policy authorizations, subject to the Justice Department’s clearance.
Questioner: Okay.
Rice: That’s what I did.
Questioner: Is waterboarding torture in your view?
Rice: And I just said the United States was told, we were told, nothing that violates our obligations under the Convention against Torture. And so, by definition, if it was authorized by the President, it did not violate our obligations under the Convention against Torture.
This statement is consistent with a United States Senate Intelligence Committee report released on April 22, 2009, that indicates Ms. Rice personally conveyed the Administration’s approval for waterboarding Abu Zubaydah to the then CIA director, George Tenet, in July 2002. This was prior to Department of Justice Office of Legal Counsel completing the so-called "torture memos," the first of which was completed on Aug. 1, 2002.
Ms. Rice, as National Security Advisor to the President of the United States, surely should have known, or was in a position to know, that regardless of pending "Justice Department clearance," waterboarding constituted torture under U.S. law. She knew, or should have known, that in the Japanese War Crimes Trials subsequent to World War II, people were prosecuted for precisely this offense. Moreover, waterboarding clearly comes within the definition of torture, as found in 18 U.S.C. Sec. 2340 (1), where it is defined as follows: "’[T]orture’ means an act committed by a person acting under the color of law specifically intended to inflict severe physical or mental pain or suffering (other than pain or suffering incidental to lawful sanctions) upon another person within his custody or physical control."
When Ms. Rice admits to "conveying" the authorization, it is our belief that she is not claiming she was simply a messenger delivering a package. We believe she orally conveyed the message, after having been involved in previous discussions about waterboarding detainees. In the Fall of 2008, Ms. Rice acknowledged to the Senate Armed Services Committee that she had attended meetings where the CIA interrogation request was discussed.
We believe this constitutes a conspiracy to commit torture in violation of 18 U.S.C. Sec. 2340A (c).
On Sunday, November 8, 2009, at approximately 6:00 p.m., Ms. Condoleezza Rice will be present at Beth El Synagogue, 5224 West 26th Street, St. Louis Park, Minnesota.
Clearly, there is probable cause to believe a crime has been committed, and Condoleezza Rice, among others, is one of the perpetrators. If you do not come to a similar conclusion, surely there is enough evidence to bring her in for questioning. Frankly, Ms. Rice has been a fairly public person, and we are surprised that she has managed to evade federal authorities thus far. Please feel free to email us if we can be of further assistance.
Sincerely,
Deborah K. Andresen, Roger Cuthbertson, Patricia Guerrero,
Robert A. Heberle, Sonja Johnson, Coleen Rowley,
Lois Swenson and Chuck Turchick,
Members of Tackling Torture at the Topcc U.S. Attorney, District of Minnesota
Judge Baltasar Garzon
Join us for a peaceful candlelight demonstration outside Beth El Synagogue, 5224 W. 26th St., St. Louis Park at 5:15 Nov. 8. Endorsers include Vets for Peace Minneapolis, National Lawyers Guild Minnesota, and the Anti-War Committee.



12 Comments




Thanks for your effort. Please keep us posted on any responses.
If what she did is found to be conspiracy, then one must ask, “If she conveyed it, then who created what she conveyed? Who did the Authorizing Guy stuff?”
It was obviously wrong, but it’s a tough legal case to make because the Bushies knew they were doing bad things and covered themselves every way they could.
Is there a statute of limitations issue here?
I have heard Jonathan Turley, a law professor who has been outspoken about accountability for torture, say that he was concerned about an eight-year statute of limitations for certain offenses related to torture issues. However, for charges like “crimes against humanity,” which I do not think are incorporated into federal statutes, there is no statute of limitations.
that’s an excellant letter, especially since the fbi claims they took the high ground and got out when they were informed torture might indeed take place
I think next letter it might be prudent to remind them of that specific circumstance, I don’t have the link but there were fby agenst who’ve testified they were instructed to leave the program because they considered it breaking the law
that would be very nice to add to a letter such as this
She’ll never see a Court Room. The Bush backers will not only have the best defense for her, but will have bought all including the Judges.
Our law doesn’t work any better than our Government, or our ability to see that it does.
Good suggestion. Yes, indeed, FBI interrogators, along with the International Committee of the Red Cross, General Counsel of branches of the armed services, and some of our own Military Commission judges, are among those who dispute Ms. Rice’s claim on April 27, 2009, that “We did not torture anyone.”
Pages 84 and 85 of a PDF.
***********
“In late November, FBI agents at GTMO asked that their concerns about ITF-GTMO interrogation techniques be relayed to Marion “Spike” Bowman, a senior attorney in the FBI’s Office of General Counsel. Mr. Bowman said that “as soon as I heard from the the FBI agents I talked with (now retired) Executive Assistant Director Pat D’Amuro who immediately said we (the FBI) would not be a party to actions of any kind that were contrary to FBI policy and that individuals should distance themselves from any such actions. Mr. Bowman also recommended to FBI General Counsel Kenneth Wainstein that FBI relay the concerns to the DoD General Counsel’s office. Mr. Bowman subsequently called the acting DoD Deputy General Counsel for Intelligence and believes he also spoke with the DoD Principal Deputy.
On December 2, 2002, an FBI Special Agent, who was also an attorney, sent his own legal analysis of the October 11, 2002 GTMO request to another Special Agent for forwarding to Mr. Bowman. The FBI Special Agent referred to several techniques – such as all the Category III techniques and several Category II techniques, including stress positions, hooding, removal of clothing, 20 hour interrogations, and use of individual phobias (such as fear of dogs) to induce stress – as “coercive interrogation techniques which are not permitted by the U.S. Constitution. The Special Agent’s analysis also identified several techniques – including all Category III techniques and two Category II techniques, Le. hooding and use of phobias – as “examples of coercive interrogation techniques which may violate 18 U.S.C. §2340,(Torture Statute)” and warned that “it is possible that those who employ these techniques may be indicted, prosecuted, and possibly convicted if the trier of fact determines that the user had the requisite intent. ”
http://armed-services.senate.gov/Publications/Detainee%20Report%20Final_April%2022%202009.pdf
great assist their blue!!!
This is a very good letter . I was wondering if Senator Al Franken’s office had as a copy of this letter. Other questions I have as a layman non lawyer are :
-A) if the SOL has expired on the conspiracy to committ torture is it possible some other RICO questions /charges could be viable – like maybe an ongoing atttempt to obstruct justice -ie covering up the commitment of the torture ?
B ) Would there be any chance that there might be applicable Minneasota state law violations that Ms Rice might have committed by covering up the torture ..?
C) is there any other lawyers reading this that think perhaps the Charles Taylor Jr conviction in Florida might have any significant
bearing on Ms Rice’s status as a potential criminal – ?
( Now in the event you are reading this bmaz I know you have already “SLPIANED ” to me the Taylor Jr prosecution has absolutely no relevance to the potential crimes committed by the gwb43 Principals – but since we do have that two hundred dollar wager– I thought — I might solict counter vailing opinion on the Taylor conviction as it might pertain to crimes committed by Ms Rice and others in the gwb43 administration )
“Are there any true law enforcement agencies out here in Minnesota?”
Probably not. Selective law enforcement agencies are more likely.
There is no statute of limitations for cold blooded murder. If you do not understand that there is no way that all of the people tortured by the gang could have lived through it, you aren’t even in nodding distance of reality.
They not only tortured these poor people but they murdered some, too.