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It's Official: U.S. Practiced Torture Post-9/11

Press Conference: Release of Task Force Report on Detainee Treatment: The Constitution Project's Task Force on Detainee Treatment is an independent, bipartisan, blue-ribbon panel charged with examining the federal government's policies and actions related to the capture, detention and treatment of suspected terrorists during the Clinton, Bush and Obama administrations.

The U.S. tortured people. A nonpartisan, 577-page report on the United States’ interrogation program concludes that “it is indisputable that the United States engaged in the practice of torture,” and that top officials were responsible for it. The 11-member panel was organized by the Constitution Project and was led by two former members of Congress: a Republican, Asa Hutchinson, and a Democrat, James Jones. The report confirms that waterboarding was more widespread, and was practiced against Libyan militants as well as Al Qaeda prisoners. Torture also damaged the U.S.’s standing in the world and risked the safety of U.S. troops. “As long as the debate continues, so too does the possibility that the United States could again engage in torture,” says the report.

NYT:

“I had not recognized the depths of torture in some cases,” Mr. Jones said. “We lost our compass.”

While the Constitution Project report covers mainly the Bush years, it is critical of some Obama administration policies, especially what it calls excessive secrecy. It says that keeping the details of rendition and torture from the public “cannot continue to be justified on the basis of national security” and urges the administration to stop citing state secrets to block lawsuits by former detainees.

The report calls for the revision of the Army Field Manual on interrogation to eliminate Appendix M, which it says would permit an interrogation for 40 consecutive hours, and to restore an explicit ban on stress positions and sleep manipulation.

The core of the report, however, may be an appendix: a detailed 22-page legal and historical analysis that explains why the task force concluded that what the United States did was torture. It offers dozens of legal cases in which similar treatment was prosecuted in the United States or denounced as torture by American officials when used by other countries.

Continue reading »



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By Marian Wang, ProPublica

The federal government must double down on grants to low-income students and dramatically simplify the system of student loans, says a new report by the non-partisan New America Foundation.

The report, released on Tuesday, lays out more than 30 recommendations for fixing the nation's increasingly strained system of paying for college, chief among them a more substantial and permanent investment in direct aid to students through Pell grants. The government should make the funding for the Pell program an entitlement in the federal budget, shielding it from annual wrangling, and should boost the maximum amount of individual grants, the report says.

It also proposes that the government create a system of incentives aimed at realigning how college use institutional aid dollars: Those with few low-income students and high tuition after discounts would be required to match a portion of Pell dollars with institutional aid; schools with many low-income students that meet a required graduation rate would get bonuses.

The New America Foundation's report was funded by the Bill & Melinda Gates Foundation as part of a larger initiative to explore policy recommendations on ways to restructure and reform the financial aid system.

Beyond its recommendations on grants, the report suggests a wholesale overhaul of programs for student loans.

We've reported on the federal Parent Plus loan program, and how the lack of loan limits allows families to borrow more than they can reasonably afford to cover ever-increasing college costs. The government should end the Plus program, the report argues, as it "can encourage families to over-borrow and provides colleges with a convenient source of funds if they wish to raise their prices."

The federal government should stick to one loan program – the main federal loan program known as the Stafford loan, the report suggests. It also suggests that the many different repayment plans currently available be replaced with one that bases monthly payments on a percentage of income – a modified version of some existing plans. 

The report also offers ideas to reform day-to-day handling of student loan payments. Errors in the servicing of student loans often frustrate borrowers and exacerbate the difficulties of repayment, especially for those whose loans were shuffled to a group of new nonprofit servicing companies.

As we've noted, these companies won a carve-out from Congress in 2010 that guaranteed them an opportunity to get in on servicing federal student loans. The report advocates ending this carve-out, arguing it "has made the federal student loan program more complicated and costly than it should be," and that all servicing contracts should be awarded through competitive bidding.

See the full report for more details.



UN Report Finds Widespread Torture of Afghan Detainees

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A new U.N. report claims that widespread torture and abuse of detainees continues at Afghan police and intelligence facilities. Earlier this month President Hamid Karzai said that all detainees held by the U.S. and its allies would be transferred to Afghan custody. But the new allegations of torture could make such a transfer illegal. The 100-page report, that was released on Monday, was based on several hundred interviews and about half of the interviewed detainees and former detainees alleged torture or abuse. In 2011, a similar report caused the U.S. to halt transfers of detainees to nine Afghan facilities.

Via:

More than half of the 635 detainees questioned by U.N. investigators in the 12 months ending in October were ill-treated or tortured, including being subjected to severe beatings or electric shocks, the United Nations Assistance Mission in Afghanistan said.

The allegations, which the Afghan government calls "exaggerated," are likely to complicate discussions about the handling of detainees, a source of debate between the United States and Afghanistan as the countries prepare for the departure of most foreign troops next year.

Many of the suspected fighters who end up in Afghan custody are captured by U.S. and allied troops. The North Atlantic Treaty Organization-led force said it has suspended the transfer of detainees to the facilities identified in the U.N. report and is working with Afghan authorities to address abuses.

Afghan President Hamid Karzai has frequently maintained that the handling of detainees is a question of national sovereignty. During discussions with President Obama this month, he reiterated his demand that all Afghan prisoners be turned over to Afghan authorities.

Torture decreased at some facilities after the U.N. issued a report in 2011, and transfers of detainees to Afghan authorities were halted, but again increased after transfers resumed, according to the new report.

In all, 14 methods of abuse were documented. The report said evidence of torture occurred most frequently at facilities in the southern province of Kandahar, the heartland of the Taliban insurgency.

U.N. investigators received what they described as credible reports about the disappearance of 81 people who were arrested by Kandahar police between September 2011 and October 2012. They were also told about the reported existence of several unofficial detention sites and said some detainees held by intelligence officials were hidden from international observers — allegations denied by the intelligence agency.

Of the prisoners interviewed, 105 were children under international law, and a large majority of these juvenile prisoners had been tortured. Only a very small portion of prisoners had been in Afghan army or Afghan local police custody, but they also reported torture by those forces.

"A majority of NDS and ANP [Afghan National Police] officials do not accept that torture is ineffective and counter-productive as a tool to obtain strategically valuable and actionable intelligence to fight terrorism and conflict-related activities, let alone a serious crime under Afghan and international law," the report said.



The Senate Report on CIA Interrogations You May Never See

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By Cora Currier, ProPublica

A Senate committee is close to putting the final stamp on a massive report on the CIA's detention, interrogation and rendition of terror suspects. Senator Dianne Feinstein, D-Calif., who heads the Select Committee on Intelligence, called the roughly 6,000-page report "the most definitive review of this CIA program to be conducted."

But it's unclear how much, if any, of the review you might get to read.

The committee first needs to vote to endorse the report. There will be a vote next week.

Republicans, who are a minority on the committee, have been boycotting the investigation since the summer of 2009. They pulled back their cooperation after the Justice Department began a separate investigation into the CIA interrogations. Republicans have criticized that inquiry, arguing that the interrogations had been authorized by President George W. Bush's Justice Department.  (In August, Attorney General Eric Holder announced the investigation was being closed without bringing any criminal charges.)

Even if the report is approved next week, it won't be made public then, if at all. Decisions on declassification will come at "a later time," Feinstein said.

According to Reuters, the Senate report focuses on whether so-called "enhanced interrogation" tactics – including waterboarding, sleep deprivation, and other techniques – actually led to critical intelligence breakthroughs. Reuters reported earlier this year that the investigation "was expected to find little evidence" that the torture was in fact crucial.

Bush, Vice-President Dick Cheney and others have repeatedly said that such tactics produced important information. They've also said waterboarding was used on only a handful of high-level detainees, a claim which recently came into question. Feinstein has previously disputed claims that such interrogations led to Osama Bin Laden. (It is also still unclearwhat key members of Congress knew about the program, and when they knew it.)

Much about the CIA's program to detain and interrogate terror suspects has remained officially secret, despite widespread reporting and acknowledgement by Bush.  Obama banned torture upon taking office and released documents related to program, including a critical report from the CIA's Inspector General.

But the Obama administration has argued in courts that details about the CIA program are still classified. (As we have reported, this has led the administration to claim in some cases that Guantanamo detainees' own accounts of their imprisonment are classified.)



"People are 3,615 times more likely to report a UFO sighting than they are to commit in-person voter impersonation, according to national data."

Ana Kasparian and Cenk Uygur recently discussed just how common voter fraud is as Republicans across the nation pass "Voter ID" laws.

Though 37 state legislatures, many of them Republican-led, have passed tighter voter-ID laws to toughen up on perceived instances of fraud, a new analysis shows that the feared offense almost never occurs. A review of 2,068 cases of alleged fraud over the past 12 years showed that despite there being 146 million registered voters in the U.S., there were only 10 cases of voter impersonation at the polls since 2000—a finding that undercuts the case made by those who say IDs must be more tightly regulated to ensure fair elections.



Walker's Wisconsin- Worst in Nation for Jobs

Walker's Wisconsin- Worst in Nation for Jobs from Occupy Riverwest on Vimeo.

Wisconsin's June jobs report came out and it appears the state shed 12,000 more jobs again placing it last in the nation for job growth. On this unfortunate news the Overpass Light Brigade made sure to report it to Wisconsin drivers over I-43 in Milwaukee, Wisconsin.



More Allegations of NYPD Brutality During Occupy Wall Street

Susie passed this article from The Atlantic on to me that highlights many of the documented instances of police misconduct cited in the 8 month study and investigation undertaken by law clinics at NYU, Fordham, Harvard, and Stanford, "Suppressing Protest: Human Rights Violations in the U.S. Response to Occupy Wall Street." I wrote my own summary of the report here, but only highlighted two of the documented cases of misconduct involving police treatment of occupy protesters.

These are all worthy of noting, and I received the above Youtube video this morning from a reader that seems like a perfect accompaniment:

A café employee at work near Union Square heard a passing Occupy march, went outside, and decided to begin filming after seeing police using what he felt was excessive force on protesters. Video evidence shows a white-shirted police officer pushing the café employee, camera in hand. It appears that the employee then began speaking to the officer while holding both hands in the air as the officer approached him. In an interview, the employee stated that he asked the officer why he was pushing and told the officer, "I'm just taking pictures." Video then shows the officer grabbing the employee by the wrist, and flipping him hard to the ground face-first, in what was described as a "judo-flip." The employee stated that he was subsequently charged with "blocking traffic" and "obstructing justice."

Video shows that an officer drove a scooter at a crowd of people, including journalists and legal observers. The video then shows a legal observer lying on the ground screaming, his foot under the scooter. A second video shows the observer on the ground with his foot under the scooter. A third video shows that the observer kicked the scooter off or away from his leg, at which point officers dragged the observer several feet and began to cuff him. While he was being cuffed, an officer pushed the observer's face into the pavement by pressing his baton across the back of the observer's neck.

A member of the Research Team observed an officer push and then throw a male protester into the air for no apparent reason as he walked, with many other protesters, near parked police scooters. The protester fell hard to the ground and was not arrested.

A journalist stated that when he asked a non-uniformed officer for his name at a march, the officer pushed the journalist against a wall and held him there, threatening him that if he kept asking questions, he would get "his f-cking ass beat." The journalist recorded interviews with two bystanders immediately after the incident. One bystander stated that he witnessed the officer using abusive language toward the journalist. He then told the journalist that the officer "put his chest in your face and pushed you around." The other bystander told the journalist that the officer "[got] up in your face and [shouted] at you. He pressed you against the wall of the supermarket."

More at The Atlantic, or click on the link above to read the report directly.



Report Rips Police Response to Occupy Oakland

Shorter version? Nothing new here, the actual report hasn't been released to the public, and the recommendations for the Oakland Police Department might get done someday, if they get the money, and if they get the time. Correct me if I'm wrong, but I think that's code for maybe the next administration will get around to it.

Via:

Oakland police received some harsh criticism for the way they handled the Occupy demonstrations last fall, but Oakland's police chief is not taking offense.

Details of the 121-page report were made available to city leaders more than six weeks ago, but they held on to it. They released it to the media less than five minutes before they held a carefully worded and brief press conference.
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The report was not kind. Among the criticisms, it calls the Oakland Police Department's response to protesters last year, "flawed by inadequate staffing, insufficient planning and lack of understanding of crowd management techniques." The report even called many of their policing methods "outdated".
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The report recommends that OPD institute a mutual aid policy to include OPD and responding agencies abilities -- a move Jordan says, will require time and additional resources.

"These are things that we can't do overnight, these are long range changes that I intend to implement. It's just not something we're going to do right away," said Jordan.

Possibly the worst part of this "report" is the fact that city officials claim to have paid $100,000 for it. There's your tax dollars at work, Oakland, a report that restates the obvious and doesn't place any blame on any of the city's officials.



UC Davis Police Chief Announces Retirement

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Sacramento Bee:

Annette M. Spicuzza, the embattled UC Davis police chief who came under fire in last week's report on what led to the Nov. 18 pepper spray incident on campus, has decided to retire, according to an email statement received by The Bee today.

"My 27 years in law enforcement have been dedicated to the ethical and committed service to the departments and communities I have been proud to be a part of," the statement read. "For the past seven years, I have accomplished many good things for both the Police Department and community here at UC Davis; and am grateful to those of you who have remembered this.

"As the university does not want this incident to be its defining moment, nor do I wish for it to be mine. I believe in order to start the healing process, this chapter of my life must be closed."

Spicuzza and Lt. John Pike, who pepper-sprayed UC Davis students participating in a non-violent protest on campus have both been on paid leave while internal affairs conducted an investigation of the incident.

Last week, a task force issued a report blaming the incident on poor planning, communication and decision-making at all levels of the school's administration.

The report was especially critical of Chief Spicuzza, Lt. Pike and UC Davis Chancellor Linda Katehi.



No doubt you all remember the shocking pepper spray attack on peaceful student protesters at UC Davis last November. Today the report into that incident has been released and the results are damning, accusing the Chancellor of poor leadership and concluding that the use of pepper spray was unjustified and should have been prevented. The laissez-faire attitude of the UC Davis police chief is especially appalling.

CNN:

The report spreads blame for the events that led to the confrontation across several members of the UC-Davis leadership but said Pike was primarily responsible for the "objectively unreasonable decision" to pepper-spray the demonstrators.

"On balance, the evidence does not provide an objective, factual basis for Lt. Pike's purported belief that he was trapped, that any of his officers were trapped, or that the safety of their arrestees was at issue," the report states. "Further, there is little evidence that any protesters attempted to use violence against the police."

But while criticizing Pike, the report also cites "systemic and repeated failures" among campus administrators it said "put officers in the unfortunate situation in which they found themselves."

The type of pepper-spray canister he carried was "not an authorized weapon" under campus police guidelines, and the officers "were not trained in how to use it correctly," according to the report.

Chancellor Linda Katehi told investigators that she envisioned "a limited operation in which police would demand that the tents be taken down but would use no other force," the report found.

However other top-level officials did not receive that message because the chancellor "did not effectively communicate this" during deliberations.

According to the report Chief Spicuzza initially tried to convince officers not to wear riot gear or use batons or pepper spray, but she was unsuccessful.

It also found "There is also evidence that she wanted her officers to withdraw if they encountered resistance," but as investigators weren't allowed to interview her they had no further details.

No one in the campus leadership took responsibility for ensuring they understood the way the police operation was to be handled, the report stated.

"The command and leadership structure of the (campus police) is very dysfunctional," the report adds. "Lieutenants refused to follow directives of the chief."

This conclusion stemmed in part from "heated exchanges" between Spicuzza and those in her charge had regarding how to proceed with the operation and her eventual "concession that her officers will do things their own way and there is nothing she can do about it."[Emphasis mine.] What was this, "mob rule" of the campus police? Spicuzza may as well have given the investigative team their interview and replied with a "Meh" to every question.

The report also takes on the claims by campus police that the video footage of the pepper-spraying incident shows that they were under threat and facing a "hostile crowd." It blasts those claims out of the water with video images of Pike and another officer who "were able to move through the crowd freely" and stepped over seated protesters three times "just minutes before Lt. Pike sprayed those same protesters."

The report contains recommendations to about how to improve communication and the police force, and how to better respect freedom of speech issues as well as various aspects of life on a university campus.

There were no recommendations regarding disciplinary actions.

The full report is available here in pdf format.