Colin Powell Mousetrapped by "Intelligence" From Torture
Worse still, intelligence officials have used information, which they knew was gained from torture, to mislead the most senior US officials on issues of war and peace. One of the signatories below was eyewitness to how CIA Director George Tenet persuaded Secretary of State Colin Powell to tell the UN of a "sinister nexus" between Saddam Hussein and al-Qaeda.
Tenet did not tell Powell that this "intelligence" came from a source, Abu Yahya al-Libi, who had been "rendered" to, and waterboarded by, Egyptian intelligence. The Defense Intelligence Agency had deemed this intelligence unreliable, but Tenet chose to ignore DIA and never informed Powell. Al-Libi recanted less than a year later, admitting that he fabricated the story about Saddam and al-Qaeda in order to stop his torture.
Moreover, when you wink at torture, you motivate enemies of the United States to do the same to captured US soldiers, diplomats and travelers while also providing a propaganda bonanza for terrorist groups like al-Qaeda and ISIS.
Indeed, the only reason why CIA torturers have not been tried and sentenced to prison for the damage they have done to the nation is that an intimidated President Barack Obama -- who once proclaimed that "nobody is above the law" -- balked at allowing the judicial process to run its course, thereby whitewashing the Bush Administration's many crimes related to the so-called "global war on terror." Obama attempted to justify his inaction as looking forward rather than backward, but it is more likely that he feared opening up a Pandora's Box of shameful government secrets that no doubt would have emerged.
Promoting Haspel in spite of her tainted record would send a message to both intelligence and military personnel that embracing practices like torture -- indisputably a war crime -- can be a path to promotion.
Haspel's involvement with torture began when she accepted the assignment to go to Thailand -- which she could have turned down -- to run the "black site" where the interrogations were being conducted. She was, at the time, the deputy in CIA's Counter Terrorism Center (CTC), working for Jose Rodriguez.
She was in charge of the secret Thailand base in late 2002 while Abd al-Rahim al-Nashiri and possibly more suspects were being tortured in a process that included slamming victims' heads against walls, subjecting them to painful stress positions, regularly depriving them of sleep, confining them to small, coffin-like boxes, and waterboarding.
The "confinement boxes" were of two types; one was coffin-sized, and the other was smaller and less than waist-high. Both had strong claustrophobic effects. A prisoner would be forced into the smaller box as an extreme form of stress positioning, creating excruciating pain. To maximize psychological distress and exploit phobias, insects were sometimes placed in the pitch-black "coffin" alongside the victim.
Destroying the Evidence
In 2005, after returning to CIA headquarters at Langley, she acted on instructions from Rodriguez and drafted the order to destroy the 92 videotapes that had been made of the interrogations. It has been reported that she was a "strong advocate" for the destruction. This was contrary to instructions provided by CIA Counsel John Rizzo and the White House. Thus, her act may have constituted destruction of evidence -- a felony.
Jose Rodriguez was investigated for destruction of evidence by a Special Prosecutor who eventually ruled against charging him. An aide to CIA Executive Director Kyle "Dusty" Foggo later revealed Rodriguez's rationale for shredding the tapes, writing in an email that "the heat from destroying [them] is nothing compared with what it would be if the tapes ever got into public domain -- he [Rodriguez] said that they would make us look terrible; it would be devastating to us." Gina Haspel ensured that these tapes -- important, damning evidence of US government torture -- would never see the light of day.
Haspel's defenders claim that she was not the creator of the torture program and only served as a willing executor of a government initiative that she believed to be legal. That may be true as no one has access to the CTC documents that might prove otherwise. Nevertheless, it does not provide her a free pass under international law, where it is generally referred to as the "Nuremberg Defense" -- a thoroughly discredited "defense" that harkens back to the era of Nazi atrocities and those who attempted to justify them by claiming perpetrators were "just following orders."
"Nuremberg Defense" Didn't Work at Nuremberg
Several former CIA leaders have supported her, saying that she was "implementing the legal orders of the president," but many of them may be concerned about their own reputations or questionable decisions they may have made in the name of the "war on terror." And the UN's International Law Commission says something quite different in its codification of the legal options surrounding torture, writing that "the fact that a person acted pursuant to an order of his government or of a superior does not relieve him from responsibility under international law, provided a moral choice was in fact possible to him."
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