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.

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In his analysis of John Brennan's confirmation hearing on Thursday, author Jeremy Scahill says the conversation that took place "basically looked like they're discussing purchasing a used car on Capitol hill. And it was total kabuki oversight. And that's a devastating commentary on where things stand."

President Obama's nominee to run the CIA, John Brennan, forcefully defended Obama's counterterrorism policies, including the increase use of armed drones and the targeted killings of American citizens during his confirmation hearing Thursday.

"None of the central questions that should have been asked of John Brennan were asked in an effective way," says Jeremy Scahill, author of the forthcoming book "Dirty Wars." "In the cases where people like Sen. Angus King or Sen. Ron Wyden would ask a real question, for instance, about whether or not the CIA has the right to kill U.S. citizens on U.S. soil. The questions were very good -- Brennan would then offer up a non-answer. Then there would be almost a no follow-up." Scahill went on to say, "[Brennan has] served for more than four years as the assassination czar, and it basically looked like they're discussing purchasing a used car on Capitol hill. And it was total kabuki oversight. And that's a devastating commentary on where things stand."

On Friday, Scahill joined Amy Goodman and Juan Gonzalez of Democracy Now! to share his analysis of Brennan's confirmation hearing. From the discussion:

AMY GOODMAN: Jeremy, let’s go to Democratic Senator Ron Wyden’s questioning of John Brennan Thursday. He has led the push for the White House to explain its rationale—Senator Wyden has—for targeting U.S. citizens.

SEN. RON WYDEN: Let me ask you several other questions with respect to the president’s authority to kill Americans. I’ve asked you how much evidence the president needs to decide that a particular American can be lawfully killed and whether the administration believes that the president can use this authority inside the United States. In my judgment, both the Congress and the public need to understand the answers to these kind of fundamental questions. What do you think needs to be done to ensure that members of the public understand more about when the government thinks it’s allowed to kill them, particularly with respect to those two issues, the question of evidence and the authority to use this power within the United States?

JOHN BRENNAN: I have been a strong proponent of trying to be as open as possible with these programs, as far as our explaining what we’re doing. What we need to do is optimize transparency on these issues, but at the same time optimize secrecy and the protection of our national security. I don’t think that it’s one or the other. It’s trying to optimize both of them. And so, what we need to do is make sure we explain to the American people what are the thresholds for action, what are the procedures, the practices, the processes, the approvals, the reviews. The Office of Legal Counsel advice establishes the legal boundaries within which we can operate. It doesn’t mean that we operate at those out of boundaries. And, in fact, I think the American people will be quite pleased to know that we’ve been very disciplined, very judicious, and we only use these authorities and these capabilities as a last resort.

AMY GOODMAN: That was John Brennan answering Senator Wyden’s question. He’s been the chief critic. President Obama, two days ago, called Senator Wyden, because a group of them had said they would stop the hearing if information wasn’t provided about the legal basis for drone strikes. When Wyden yesterday attempted to get that information, he raised in the hearing that he wasn’t able to. Jeremy Scahill?

JEREMY SCAHILL: Well, you know, if you listen to John Brennan, I mean, it’s like he’s talking about buying a used car and what, you know, sort of little gadgets and whistles it has on it. He used "optimize"? Ron Wyden was asking him about whether—about the extent of the CIA’s lethal authority against U.S. citizens, on U.S. soil and abroad. And, see, the problem is that while some questions were asked that are central questions, there was almost no follow-up. People wouldn’t push—senators wouldn’t push Brennan back when he would float things that were nonsensical or just gibberish, you know, or using terms like "we need to optimize this, we need to optimize that." There was no sense that—I mean, remember, this is a guy who is, for all practical purposes, President Obama’s hit man or assassination czar. This guy has been at the center of a secret process where the White House is deciding who lives and who dies around the world every day, and yet the conversation that took place was as though they were, you know, sort of talking about whether or not they’re going to add a wing onto a school in Idaho or something, when they were talking about life-and-death issues for people, not only U.S. citizens, but around the world.

There was no discussion at all of the so-called signature strikes—the idea that the U.S. is targeting people whose identities it doesn’t know, whose actual involvement in terror plots is actually unknown. There was no discussion of the fact that the Obama administration authorized operations that killed three U.S. citizens in a two-week period in 2011, one of whom was a 16-year-old boy who was sitting and having dinner with his cousins in Yemen. No discussion of the case of Samir Khan, a Pakistani American who was killed alongside Anwar Awlaki. His family had met with the FBI prior to his death. The FBI told his family that Samir Khan was not indicted, that Samir Khan was not accused of a crime, and yet you have three U.S. citizens being killed.

When Anwar Awlaki’s name was raised during the course of the hearing, it was one of the most disgusting displays of a show trial or a faux trial that I’ve ever seen. Dianne Feinstein and John Brennan set out to put Anwar Awlaki on trial, posthumously, without presenting any evidence and to issue a guilty verdict. The whole thing was a show. And I believe that—

It was difficult to pick just one portion of the exchange to highlight, as there is a lot of excellent discussion and insight from Scahill. After playing back a clip of the exchange between Senator Dianne Feinstein and John Brennan as they discuss Anwar Awlaki, Scahill says it was "one of the most disgusting displays of a show trial or a faux trial that I’ve ever seen."

Scahill also hits the senate Republicans for "engaging in a partisan theater of their own, where, you know, they made the whole issue about White House leaks, for the most part."

You can read the full transcript here.

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During a press conference Tuesday discussing Syria, Senator John McCain (R-AZ) said he spoke with Senator John Kerry (D-MA) this morning and looks forward to "interrogating" the nominee for Secretary of State at his confirmation hearing next week, joking that "we will bring back, for the only time, waterboarding to get the truth out."

McCain was joking, of course, (Recall this "hilarious" moment in 2007?) but I hope Senator Kerry takes some security along with him to the confirmation hearing.

By Cora Currier, ProPublica

For many years, Bush administration officials have said that the CIA waterboarded only three terror suspects. Despite nearly endless revelations and investigations about the U.S.'s treatment of detainees, there has never been evidence contradicting those claims. But that changed earlier this month.

Human Rights Watch recently released a report detailing the accounts of 14 Libyan men who claim they were detained and, in some cases, subject to harsh interrogations by the U.S. before being transferred back to Libyan prisons, where they also faced abuse.

One man, Mohammed Al-Shoreoiya, provided a detailed account of being waterboarded "many times" while in U.S. custody in an Afghan prison between 2003 and 2004. Another man described a similar form of water torture, conducted without a board.

None of the men's accounts could be confirmed, but as the New York Times noted, the detainees did not seek out Human Rights Watch, and their descriptions of their treatment, including waterboarding, are consistent with CIA procedural documents that have been made public.

The CIA first confirmed waterboarding in February 2008, when then-CIA director Michael Hayden told a Senate committee that "only three detainees" had been waterboarded — Khalid Sheikh Mohammed, Abu Zabaydah, and Abd Al Rahim al-Nashiri. No one, he said, had been subjected to the process since 2003. That claim has been repeated by former President George W. Bush and top officials from his administration. Former Defense Secretary Donald Rumsfeld has also noted that the military did not waterboard.

A spokesman for the CIA told ProPublica that "the Agency has been on the record that there are three substantiated cases in which detainees were subjected to the waterboarding technique under the program."

Here are top Bush administration officials stating, again and again, only three detainees were waterboarded [emphasis added]:

George W. Bush

Of the thousands of terrorists we captured in the years after 9/11, about a hundred were placed into the CIA program. About a third of those were questioned using enhanced techniques. Three were waterboarded.

– November 2010, in his memoir, Decision Points.

President Bush also repeated the line in interviews that fall with the Times of London and Fox News.

Dick Cheney, former vice president

It is a fact that only detainees of the highest intelligence value were ever subjected to enhanced interrogation. You've heard endlessly about waterboarding. It happened to three terrorists.

-- May 21, 2009: Dick Cheney, in a speech at the American Enterprise Institute.

In 2009, Cheney made the same claim in another speech and in interviews with the Washington Times, CNN and CBS. In 2011, he mentioned it again in a speech at AEI.

Donald Rumsfeld, former defense secretary

[Michael Hayden] looked at all the evidence and concluded that a major fraction of the intelligence in our country on al Qaeda came from individuals, the three, only three people who were waterboarded... no one was waterboarded at Guantanamo by the U.S. military. In fact, no one was waterboarded at Guantanamo, period. Three people were waterboarded by the CIA, away from Guantanamo and then later brought to Guantanamo.

-- May 3, 2011, in an interview with Fox News.

Rumsfeld repeated the line that year in interviews with CNN, CBS, the Associated Press, Charlie Rose and in a speech in February 2012.

Michael Hayden, former CIA director

Let me make it very clear and to state so officially in front of this committee that waterboarding has been used on only three detainees. It was used on Khalid Sheikh Mohammed, it was used on Abu Zubaydah, and it was used on Nashiri. The CIA has not used waterboarding for almost five years. We used it against these three high-value detainees because of the circumstances of the time.

–Feb. 5, 2008, in testimony to a Senate committee.

Hayden also reiterated the three-person figures in a memo circulated that month to CIA employees and on Meet the Press that March. He repeated it again in an interview with Newsweek in 2009.

John Yoo, former Justice Department official

Waterboarding we think is torture, but it happened to three people. The scale of magnitude is different....We've done it three times."

--June 1, 2008, in an interview with Esquire Magazine.

Yoo also said three people had been waterboarded in a June 2008 congressional hearing.

Karl Rove, senior adviser to Bush

[Coercive techniques] were used against some thirty hard-core terrorist detainees who had successfully resisted other forms of interrogation. Only three were waterboarded.

–March 2010, in his memoir, Courage and Consequences.

Michael Mukasey, former attorney general

The fact is that Khalid Sheikh Mohammed, who was subjected to enhanced interrogation techniques, including waterboarding — he was one of three people who were waterboarded — did disclose the name — the nickname actually, which was the name that this courier actually used — in the course of the questioning that took place after enhanced interrogation techniques.

--May 17, 2011, in remarks at the American Enterprise Institute.

Jose Rodriguez Jr., former director of the National Clandestine Service at the CIA

In fact, only three detainees: Mohammed, Zubaydah and one other were ever waterboarded, the last one more than nine years ago.

-- May 10, 2012: Jose Rodriguez Jr., in an op-ed on CNN.com

Rodriguez also mentioned the figure in interviews this spring with Fox News and the New Yorker.

Bill Harlow, who co-authored Rodriguez' book on interrogations, said that Rodriguez stands by his statement. "These procedures were not done without extensive documentation and authorization, as part of an officially approved program, and all the documentation there shows three individuals," Harlow said.

The other officials we've cited did not respond to requests for comment.

President Obama came into office proclaiming a ban on torture, stating that waterboarding was unequivocally a form of torture, and making the infamous "torture memos" public. But the administration has said no one would be prosecuted for waterboarding or other interrogation methods previously sanctioned by the government, and announced last month it would close the last two investigations into CIA abuse.

A Justice Department spokesman would not comment on whether the government ever investigated the Libyan cases. Laura Pitter, the author of the Human Rights Watch report, said that none of the men she interviewed said they had been contacted by U.S. investigators about their detention.

The CIA spokesman said that he could not comment on specific allegations, but that "the Department of Justice has exhaustively reviewed the treatment of more than 100 detainees in the post-9/11 period — including allegations involving unauthorized interrogation techniques — and it declined prosecution in every case."