<?xml version="1.0" encoding="utf-8"?>
<rss version="2.0"
xmlns:dc="http://purl.org/dc/elements/1.1/"
xmlns:slash="http://purl.org/rss/1.0/modules/slash/"
xmlns:wfw="http://wellformedweb.org/CommentAPI/">
<channel>
<title> Stories filed under &quot;torture&quot;</title>
<description>Easily digestible tech news...</description>
<link>http://www.techdirt.com/</link>
<language>en-us</language>
<image><title> Stories filed under &quot;torture&quot;</title><url>http://www.techdirt.com/images/td-88x31.gif</url><link>http://www.techdirt.com/</link></image>
<item>
<pubDate>Fri, 21 Dec 2012 16:09:19 PST</pubDate>
<title>Politicians Decry Fake Torture, Cover Up Real Torture</title>
<dc:creator>Tim Cushing</dc:creator>
<link>http://www.techdirt.com/articles/20121220/15133521458/politicians-decry-fake-torture-cover-up-real-torture.shtml</link>
<guid>http://www.techdirt.com/articles/20121220/15133521458/politicians-decry-fake-torture-cover-up-real-torture.shtml</guid>
<description><![CDATA[ Even if a lifetime of exposure to the continuous hypocrisy of politicians has turned many of us into jaded, cynical shells of human beings reduced to selecting "None of the Above" when voting, every so often something comes along that breaks through our hardened shells... and carves another slice off our dwindling faith in humanity. This is one of those moments.<br />
<br />
Senators John McCain, Dianne Feinstein and Carl Levin have an issue with Zero Dark Thirty, most specifically its uber-controversial torture scene. Taking to the nearest soapbox, they have decried this horrible act of <strike>waterboarding</strike> storyboarding, calling it "grossly inaccurate and misleading." As Spencer Ackerman at Wired points out, <a href="http://www.wired.com/dangerroom/2012/12/torture-report" target="_blank">it's a bit rich for these three to be making a bunch of noise about fake torture (and related inaccuracies)</a> when they could be clearing the air about actual, state-ordained torture involving <i>real</i> detainees.
<blockquote>
<i>If the problem with Zero Dark Thirty is that it's not an accurate presentation of the utility of torture (and we shudder at the thought that torture ought to be evaluated according to its utility), the senators could make a major push to declassify a massive report put together by Feinstein's committee into what the CIA's torture program did and didn't do.</i></blockquote>
Feinstein, in particular, should probably keep her comments on fake torture to a minimum, considering she's sitting on a classified report that details years of interrogations performed by the CIA, often involving torture of detainees.
<blockquote>
<i>Last week, Feinstein announced that the Senate intelligence committee she chairs finally approved a 6,000-page study into the CIA&rsquo;s treatment of terrorism detainees in its custody that took almost four years to investigate. By reviewing more than "6 million pages of CIA and other records," Feinstein said, the report details how the detainees were treated, how they were interrogated, and, crucially, "the intelligence they actually provided and the accuracy &mdash; or inaccuracy &mdash; of CIA descriptions about the program." Feinstein promised "startling details" and "critical questions" about the program, promising it would "settle the debate once and for all over whether our nation should ever employ coercive interrogation techniques such as those detailed in this report." Small problem: the report is secret, so you can't read it.</i></blockquote>
"Startling details" and "critical questions" that the average US citizen will likely never see. Feinstein won't declassify the report until the President and other executive branch members review it. At that point, the committee will "consider" declassification. In other words, this has next to no chance of being declassified, at least not during this administration, and very possibly much longer than that. Here's how Ackerman describes the current situation:
<blockquote>
<i>So the report that could settle the debate about torture won't settle the debate about torture until the self-interested parties who've stymied accountability for torture decide it's safe to settle the debate about torture.</i></blockquote>
Despite a promising start, Obama and his team have shown very little interest in the openness and transparency that was promised at the beginning of his first term. In fact, many of the administration's actions have headed in the opposite direction.
<blockquote>
<i>After an early and acrimonious decision to partially declassify key Justice Department memos authorizing the torture &mdash; for which Obama deserves praise &mdash; he's done nothing. A special prosecutor empowered by Attorney General Eric Holder ended up <a href="http://www.wired.com/dangerroom/2011/06/cia-exhales-99-out-of-101-torture-cases-dropped/" target="_blank">not indicting any CIA official who abused detainees</a>, and didn't even consider investigating the top officials who authorized the torture in the first place. There has been even less official public reckoning with what the torture program entailed, something that would fray Obama's relationship with a CIA that implements his lethal drone program, since a former Bush administration aide described that program as amounting to "<a href="http://www.wired.com/dangerroom/2012/04/secret-torture-memo/" target="_blank">war crimes</a>." And it's worth noting that under Obama's watch, the U.S. military placed accused Wikileaker Bradley Manning in conditions that were harsher than those for many Guantanamo Bay detainees.</i></blockquote>
That's what makes this particular bit of grandstanding especially nauseating. To publicly berate a movie (and its makers) for being "misleading" in its depiction of torture is more reprehensible than decrying the movie for depicting (or "glorifying," as other critics have stated) torture. If the torture actually happened and produced no usable results, shouldn't these three be making some noise about the CIA using horrific tactics to produce questionable results? If, indeed, the torture was "successful" and helped take down Bin Laden, shouldn't those who either explicitly or implicitly justify torture be praising this film for its accuracy?<br />
<br />
Since no one's taking up that latter offer, we can assume that government officials that approve of torture have no desire to express that in public. And if these three have information disproving the movie's claims, they should be coming forward with it, rather than keeping it hidden from public view. Unfortunately, this report will stay locked down, as no one in this administration wants to hang out the CIA's dirty laundry. Chances are the report shows that several horrific acts produced negligible results as the link between torture and usable information has always been extremely tenuous. As <a href="http://www.imdb.com/title/tt0105236/quotes?qt0349187" target="_blank">Nice Guy Eddie said in &#39;Reservoir Dogs,&#39;</a> "If you fucking beat this prick long enough, he'll tell you he started the goddamn Chicago fire, now that don't necessarily make it fucking so!"<br />
<br />
Instead of transparency, we get self-serving complaints about celluloid torture and more state secrets and classification. It's sad, disgusting and entirely unsurprising.<br /><br /><a href="http://www.techdirt.com/articles/20121220/15133521458/politicians-decry-fake-torture-cover-up-real-torture.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20121220/15133521458/politicians-decry-fake-torture-cover-up-real-torture.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20121220/15133521458/politicians-decry-fake-torture-cover-up-real-torture.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>the-nation-cannot-abide-inaccurate-torture-depictions</slash:department>
<wfw:commentRss>http://www.techdirt.com/comment_rss.php?sid=20121220/15133521458</wfw:commentRss>
</item>
<item>
<pubDate>Wed, 28 Nov 2012 05:24:34 PST</pubDate>
<title>Bradley Manning Hearing Shows Military Bosses More Concerned About Media Attention Than Manning's Conditions</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20121127/17045721161/bradley-manning-hearing-shows-military-bosses-more-concerned-about-media-attention-than-mannings-conditions.shtml</link>
<guid>http://www.techdirt.com/articles/20121127/17045721161/bradley-manning-hearing-shows-military-bosses-more-concerned-about-media-attention-than-mannings-conditions.shtml</guid>
<description><![CDATA[ Kevin Gosztola has been providing detailed updates on <a href="http://dissenter.firedoglake.com/2012/11/27/bradley-mannings-unlawful-pretrial-punishment-hearing-day-1/" target="_blank">the latest Bradley Manning hearings</a>, focused mainly on the conditions associated with the treatment of Manning after his arrest, and whether or not it amounted to "unlawful pretrial punishment" or involved reasonable precautions by the military.  Specifically, as we had discussed, Manning was held in conditions that <a href="http://www.techdirt.com/articles/20101215/09551812291/us-is-apparently-torturing-bradley-manning-despite-no-trial-no-conviction.shtml">amounted to torture</a> under key definitions of torture -- held in "intensive solitary confinement" in total isolation, not allowed to have a pillow or sheets for his bed.  Over 250 legal experts <a href="http://www.techdirt.com/articles/20110411/04400713852/over-250-top-us-legal-scholars-condemn-treatment-bradley-manning.shtml">condemned</a> his treatment and the State Department's spokesperson even <a href="http://www.techdirt.com/articles/20110313/16475213475/administration-forces-pj-crowley-out-state-dept-after-he-admits-that-manning-is-being-mistreated.shtml">lost his job</a> for <a href="http://www.techdirt.com/articles/20110311/12544813465/state-department-spokesperson-says-bradley-manning-is-being-mistreated.shtml">saying publicly</a> that Manning was being mistreated, and that it wasn't productive.
<br /><br />
The legal issue is that if this treatment was seen as punitive then that's a problem.  People can be held pre-trial, but they're not supposed to be "punished" as part of the process.  The Defense Department has been trying to claim that the treatment of Manning had to do with fears that he would harm himself, and the latest hearings were to figure out which version of the story is really accurate.  The details look pretty damning for the Defense Department.  For example, it appears that officials were more concerned about the media, not about Manning's condition:
<blockquote><i>
Going through emails, it came out that Lt. Gen. George Flynn, superior officer, was concerned with media and not Bradley Manning&#8217;s conditions. For example, when David House and Firedoglake editor-in-chief Jane Hamsher were harassed at the gate of Quantico, Flynn was in on this incident. He was up on what the public affairs planned to say to any questions from media on the incident. But, he was not up on weekly updates coming from officers in the brig.
</i></blockquote>
Later, the same Lt. Gen. Flynn apparently got upset that the NYTimes had information on Manning's mistreatment and he hadn't been forewarned about the media situation:
<blockquote><i>
Lt. Gen. Flynn was upset that he read about Manning standing outside his cell naked in the New York Times. &#8220;It would be good to have leadership have heads up on these things before they&#8217;re read in the early bird!&#8221; Lt. Col Flynn wrote in an email. The &#8220;early bird&#8221; is a military synopsis of various news stories/press releases.
</i></blockquote>
And then there's the fact that the "psychologist" relied on to assess Manning's mental state... wasn't actually a psychologist <b>but a dentist</b>.  Huh?!?
<blockquote><i>
Also, a &#8220;forensic psychiatrist&#8221; that the Brig was consulting was a Dentist. She didn&#8217;t really have qualifications as a psychologist. She was a doctor on staff there and they went to her for assessments on Manning&#8217;s condition.
</i></blockquote>
On top of that, evidence was presented of guards joking about taking away Manning's underwear in response to comments Manning had made.  It certainly raises significant questions about why they were treating Manning this way and if it actually had anything to do with his own safety... or if they just liked taunting him.
<blockquote><i>
One Quantico Brig officer (female) sent email where he joked about the removal of Manning&#8217;s underwear after comments he made on March 2, 2011. Here&#8217;s a version the press pool currently believes we heard read in court:
<br /><br />
&#8220;As Dr. Seuss would say I can wear them in a box, I can wear them with a fox, I can wear them with socks. I can wear them in the day so I say. I can&#8217;t wear them at night. My comments gave the staff a fright.&#8221;  
<br /><br />
It is Green Eggs &#038; Ham. 
<br /><br />
Coombs asked Choike if he believed joking about the underwear was something that an officer should have done. Choike then said something to the effect that he realized this could be brought up by Manning with his attorney and it might become &#8220;another media issue.&#8221; 
</i></blockquote>
Even if you think Manning violated the law, it seems pretty damning to see him treated this way pre-trial.
<br /><br />
Separately, prior to the discussion about Manning's conditions, the government officially opposed Manning's attempt to plead guilty to certain lesser charges (as <a href="http://www.techdirt.com/articles/20121107/15423120965/bradley-manning-willing-to-admit-to-leaking-info-to-wikileaks-hoping-more-limited-trial.shtml">discussed earlier</a>) in the hopes of speeding up the trial and getting potential leniency on some of the more serious charges.  This issue more or less got tabled for procedural reasons, as Manning is still arguing that the government failed to provide a speedy trial and the court notes that if it excepts the plea, that would also waive the speedy trial issue.  So, the court will handle the issue of whether or not the government failed to offer a speedy trial before taking on the plea issue.<br /><br /><a href="http://www.techdirt.com/articles/20121127/17045721161/bradley-manning-hearing-shows-military-bosses-more-concerned-about-media-attention-than-mannings-conditions.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20121127/17045721161/bradley-manning-hearing-shows-military-bosses-more-concerned-about-media-attention-than-mannings-conditions.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20121127/17045721161/bradley-manning-hearing-shows-military-bosses-more-concerned-about-media-attention-than-mannings-conditions.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>but-of-course</slash:department>
<wfw:commentRss>http://www.techdirt.com/comment_rss.php?sid=20121127/17045721161</wfw:commentRss>
</item>
<item>
<pubDate>Tue, 23 Oct 2012 11:36:13 PDT</pubDate>
<title>DOJ Railroads CIA Torture Whistleblower Into Reduced Guilty Plea</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20121023/11053020801/doj-railroads-cia-torture-whistleblower-into-reduced-guilty-plea.shtml</link>
<guid>http://www.techdirt.com/articles/20121023/11053020801/doj-railroads-cia-torture-whistleblower-into-reduced-guilty-plea.shtml</guid>
<description><![CDATA[ Back in April, we wrote about how the Obama administration, for the astounding <b>sixth time</b>, had <a href="http://www.techdirt.com/articles/20120406/12325418410/once-again-administration-vindictively-charges-whistleblower-as-being-spy.shtml">used the Espionage Act</a> -- which is supposed to be used against spies -- to bring criminal charges against a former government employee-turned-whistleblower.  All other Presidents prior to Obama <i>put together</i> had used the Espionage Act in this manner three times.  Yes, the Obama administration has <i>doubled</i> all previous such uses.   Last year, lots of attention was paid to the case of <a href="http://www.techdirt.com/articles/20110715/17491215112/thomas-drake-gets-probation-community-service-judge-slams-feds-prosecution.shtml">Thomas Drake</a>, which ended in a weak plea bargain, after much of the government's case fell apart.  This year, the attention was on this latest case, against former CIA agent, John Kiriakou, who blew the whistle on how the CIA tortured people via waterboarding.
<br /><br />
In a sane society, such whistleblowing would receive a hero's welcome, and the people involved in torture would be in jail.  President Obama has <a href="http://www.guardian.co.uk/world/2009/apr/30/obama-waterboarding-mistake" target="_blank">said that waterboarding is torture</a>, as <a href="http://www.abc.net.au/am/content/2008/s2467239.htm" target="_blank">has Attorney General Eric Holder</a>, who runs the DOJ.  Given that, combined with Obama's repeated insistence that his administration must encourage whistleblowing, you would think that the administration, led by the DOJ, would celebrate a CIA agent who exposes such practices, and seek to punish those who carried them out.
<br /><br />
Instead, we have the reverse.  This morning, Kiriakou <a href="http://www.npr.org/blogs/thetwo-way/2012/10/22/163425014/former-cia-officer-expected-to-plead-guilty-in-leak-case" target="_blank">plead guilty</a>, though to a much lesser charge -- that of "revealing an undercover operative's identity."  Similar to the Drake case, they found narrow grounds for a guilty plea.  The plea document and the associated "statement of facts" are embedded below for your horror.  They tell... uh... a very one-sided view of the story, leaving out all the pesky little details about torture.  Kiriakou was more or less forced into taking the deal after a judge had ridiculously ruled that you didn't have to intend to harm the US to be guilty under the Espionage Act.  How is it possibly espionage against a country if you don't intend to harm that country?
<br /><br />
The whole proceeding (and all of these other cases) have seriously called into question the Obama administration's supposed support of whistleblowers.  It's clear that was a horrible joke played on the public when Obama insisted he wanted to encourage whistleblowing.  Before these latest events, Bloomberg had an absolutely <a href="http://www.bloomberg.com/news/2012-10-18/obama-pursuing-leakers-sends-warning-to-whistle-blowers.html" target="_blank">scathing story</a> and <a href="http://www.montereyherald.com/editorials/ci_21806624/editorial-abuse-espionage-law-costly" target="_blank">editorial</a> about the administrations abuse of power under the Espionage Act to beat down any whistleblowers.
<br /><br />
As the Government Accountability Project notes, the tragedy in all of this is that <a href="http://www.whistleblower.org/blog/42-2012/2313-the-back-story-to-kiriakous-imminent-guilty-plea" target="_blank">Kiriakou goes to jail, while the actual torturer, remains free</a>.  They note that this plea lets the case be over, and makes sure that Kiriakou will be out of jail in 2.5 years -- and will get to see his children grow up.  But the whole claim of "outing" is ridiculous:
<blockquote><i>
"Outing" is quotes because the charge is not that Kiriakou's actions resulted in a public disclosure of the name, but that through a Kevin Bacon-style chain of causation, GITMO torture victims learned the name of one of their possible torturers. Regardless, how does outing a torturer hurt the national security of the U.S.? It's like arguing that outing a Nazi guarding a concentration camp would hurt the national security of Germany.
</i></blockquote>
They further note that the CIA agent "outed," Thomas Fletcher, was widely known to reporters well before Kiriakou mentioned his name to reporters.  As GAP notes:
<blockquote><i>
An effectively-forced plea from John Kiriakou will be the tragic bookend to the torture narrative: Kiriakou will be going to jail, while Fletcher happily enjoys retirement in Vienna VA, safe with protection from "the most transparent administration in history."
</i></blockquote>
Oh, and not just that, but:
<blockquote><i>
The only person to be criminal prosecuted, and now likely jailed, as a result of the Bush-era torture regime is John Kiriakou, who refused to participate in torture, helped expose the program, and said on national television that torture was wrong.
</i></blockquote>
Shameful.  Oh, and as an aside to folks here who have spent time following the Megaupload case, the guy who headed up this case for the DOJ, Neil MacBride... is the same guy who's heading up the Megaupload prosecution.<br /><br /><a href="http://www.techdirt.com/articles/20121023/11053020801/doj-railroads-cia-torture-whistleblower-into-reduced-guilty-plea.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20121023/11053020801/doj-railroads-cia-torture-whistleblower-into-reduced-guilty-plea.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20121023/11053020801/doj-railroads-cia-torture-whistleblower-into-reduced-guilty-plea.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>shameful</slash:department>
<wfw:commentRss>http://www.techdirt.com/comment_rss.php?sid=20121023/11053020801</wfw:commentRss>
</item>
<item>
<pubDate>Wed, 11 Apr 2012 09:16:05 PDT</pubDate>
<title>Feds Tried To Destroy All Evidence Of Memo Saying They Were Committing War Crimes With Torture</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20120405/16222418395/feds-tried-to-destroy-all-evidence-memo-saying-they-were-committing-war-crimes-with-torture.shtml</link>
<guid>http://www.techdirt.com/articles/20120405/16222418395/feds-tried-to-destroy-all-evidence-memo-saying-they-were-committing-war-crimes-with-torture.shtml</guid>
<description><![CDATA[ Spencer Ackerman, over at Wired, recently had a fascinating article about how the a former Bush official had <a href="http://www.wired.com/dangerroom/2012/04/secret-torture-memo/" target="_blank">written a memo detailing how the CIA had committed war crimes</a> in torturing Al Qaeda suspects, in violation of the Geneva conventions.  Wired has the full memo, but here's the first page:
<center>
<a href="http://imgur.com/Mt6ZI"><img src="http://i.imgur.com/Mt6ZI.jpg" width=560 /></a>
</center>
No matter what you think of the US's actions in how it treated prisoners and suspects, what struck me about the story is just how hard the feds worked <i>not</i> to release this document.  The guy who wrote the memo, Philip Zelikow, <a href="http://shadow.foreignpolicy.com/posts/2009/04/21/the_olc_torture_memos_thoughts_from_a_dissenter" target="_blank">revealed</a> the existence of the memo three years ago in a blog post, leading Ackerman to file a Freedom of Information Act request to uncover it.  Later, in a Senate hearing, Zelikow explained how higher ups in the administration had decided "the memo was not considered appropriate for further discussion and that copies of my memo should be collected and destroyed."  Of course, what wasn't destroyed was some legally questionable arguments in favor of these "enhanced interrogation techniques."
<br /><br />
It turns out, however, at least one copy of Zelikow's letter survived -- but even then it took almost three years from the first FOIA request until it was actually released.  This was also years after the memos insisting that the activities were legal were released.  For a government that keeps wanting to insist that it's being as transparent as possible, and one where political calculus is not supposed to weigh on decisions like this, it seems pretty clear that the feds were quite careful to try to hide internal reports that argue (persuasively, and with great detail) against its legal theory, but happy to reveal the much more questionable documents that support its position.  This is not <i>surprising</i>, but it is disappointing.  An intellectually honest federal government is willing to openly discuss dissenting viewpoints.<br /><br /><a href="http://www.techdirt.com/articles/20120405/16222418395/feds-tried-to-destroy-all-evidence-memo-saying-they-were-committing-war-crimes-with-torture.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20120405/16222418395/feds-tried-to-destroy-all-evidence-memo-saying-they-were-committing-war-crimes-with-torture.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20120405/16222418395/feds-tried-to-destroy-all-evidence-memo-saying-they-were-committing-war-crimes-with-torture.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>transparency</slash:department>
<wfw:commentRss>http://www.techdirt.com/comment_rss.php?sid=20120405/16222418395</wfw:commentRss>
</item>
<item>
<pubDate>Mon, 9 Apr 2012 09:16:00 PDT</pubDate>
<title>Once Again, The Administration Vindictively Charges A Whistleblower As Being A Spy</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20120406/12325418410/once-again-administration-vindictively-charges-whistleblower-as-being-spy.shtml</link>
<guid>http://www.techdirt.com/articles/20120406/12325418410/once-again-administration-vindictively-charges-whistleblower-as-being-spy.shtml</guid>
<description><![CDATA[ This is getting ridiculous.  When President Obama was campaigning and even when he first took office, he claimed that it was a priority to support whistleblowing activities.  And yet, as President, he has been ridiculously aggressive in pushing vindictive criminal lawsuits against whistleblowers -- often by <a href="http://www.techdirt.com/articles/20110826/00473415695/former-top-government-secrets-keeper-blasts-administration-abusing-espionage-act-to-punish-whistleblowers.shtml">abusing</a> the Espionage Act.  The Espionage Act is supposed to be used against <i>spies</i>.  But the Obama Justice Department has used it over and over again against whistleblowers in a purely vindictive manner.  In fact, he's used it to bring charges against whistleblowers <i>more often than every other President combined</i>.  This strategy turned out to be a disaster in the <a href="http://www.techdirt.com/articles/20110715/17491215112/thomas-drake-gets-probation-community-service-judge-slams-feds-prosecution.shtml">Thomas Drake case</a> (which was initiated by President Bush, but continued with strong support by President Obama), where the case completely collapsed, once it became clear that the charges were nothing but a vindictive attack on a whistleblower.
<br /><br />
Apparently the Obama administration has not learned its lesson.  It has now used the Espionage Act <a href="http://www.securityweek.com/former-cia-officer-indicted-sharing-classified-data-journalists" target="_blank">to go after a former CIA agent, John Kiriakou, who blew the whistle</a> on the CIA's waterboarding torture regime.  This now makes it the <i>sixth</i> Espionage Act prosecution of a whistleblower brought by the Obama administration.  All other presidents before him used it a total of 3 times.  As the Government Accountability Project <a href="http://www.whistleblower.org/blog/42-2012/1894-the-truth-about-the-espionage-act-prosecution-against-whistleblower-john-kiriakou" target="_blank">notes</a>, the really stunning thing in all of this is that Kiriakou will be the only person prosecuted in relation to the use of waterboarding -- and simply for blowing the whistle on it.
<blockquote><i>
if you torture a prisoner, you will not be held criminally liable, but if you blow the whistle on torture, you risk criminal prosecution under the Espionage Act.
</i></blockquote>
Something seems very, very wrong about this.<br /><br /><a href="http://www.techdirt.com/articles/20120406/12325418410/once-again-administration-vindictively-charges-whistleblower-as-being-spy.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20120406/12325418410/once-again-administration-vindictively-charges-whistleblower-as-being-spy.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20120406/12325418410/once-again-administration-vindictively-charges-whistleblower-as-being-spy.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>scary-stuff</slash:department>
<wfw:commentRss>http://www.techdirt.com/comment_rss.php?sid=20120406/12325418410</wfw:commentRss>
</item>
<item>
<pubDate>Mon, 11 Apr 2011 11:25:50 PDT</pubDate>
<title>Over 250 Top US Legal Scholars Condemn The Treatment Of Bradley Manning</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20110411/04400713852/over-250-top-us-legal-scholars-condemn-treatment-bradley-manning.shtml</link>
<guid>http://www.techdirt.com/articles/20110411/04400713852/over-250-top-us-legal-scholars-condemn-treatment-bradley-manning.shtml</guid>
<description><![CDATA[ For a while now, we've been quite concerned over the US's <a href="http://www.techdirt.com/articles/20101215/09551812291/us-is-apparently-torturing-bradley-manning-despite-no-trial-no-conviction.shtml">treatment of Bradley Manning</a>, the guy who has been accused of being the source for many of Wikileaks' biggest leaks from the US government.  Under most standard definitions of torture, it certainly appeared that Manning was being tortured.  With the UN <a href="http://www.techdirt.com/articles/20101223/12583312398/un-investigating-whether-not-us-is-torturing-bradley-manning.shtml">investigating</a>, and even Obama administration officials who had long been <a href="http://www.techdirt.com/articles/20110119/14280012733/us-government-officials-admit-that-they-lied-about-actual-impact-wikileaks-to-bolster-legal-effort.shtml">propagandizing against Wikileaks</a> claiming that the treatment <a href="http://www.techdirt.com/articles/20110311/12544813465/state-department-spokesperson-says-bradley-manning-is-being-mistreated.shtml">was bad</a> (leading to him being <a href="http://www.techdirt.com/articles/20110313/16475213475/administration-forces-pj-crowley-out-state-dept-after-he-admits-that-manning-is-being-mistreated.shtml">fired</a>), it appears more and more people are recognizing how indefensible the treatment is.
<br /><br />
The latest is that a who's who of US legal scholars, including the guy who taught President Obama constitutional law (and was a big supporter of Obama during the campaign), have written an open letter <a href="http://www.guardian.co.uk/world/2011/apr/10/bradley-manning-legal-scholars-letter?CMP=twt_gu" target="_blank">condemning the treatment of Bradley Manning</a> as being unconstitutional.  That law professor, Laurence Tribe, had actually been a legal advisor to the Justice Department until recently.  The <a href="http://www.nybooks.com/articles/archives/2011/apr/28/private-mannings-humiliation/" target="_blank">original letter</a> was written by Bruce Ackerman and Yochai Benkler, and the <a href="http://balkin.blogspot.com/2011/03/statement-on-private-mannings-detention.html" target="_blank">list of signatories</a> is pretty impressive.
<br /><br />
When you have so many experts in constitutional law speaking up for the way President Obama is treating Manning, can Obama really ignore them completely?<br /><br /><a href="http://www.techdirt.com/articles/20110411/04400713852/over-250-top-us-legal-scholars-condemn-treatment-bradley-manning.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20110411/04400713852/over-250-top-us-legal-scholars-condemn-treatment-bradley-manning.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20110411/04400713852/over-250-top-us-legal-scholars-condemn-treatment-bradley-manning.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>moral-high-ground</slash:department>
<wfw:commentRss>http://www.techdirt.com/comment_rss.php?sid=20110411/04400713852</wfw:commentRss>
</item>
<item>
<pubDate>Fri, 25 Feb 2011 16:03:00 PST</pubDate>
<title>Zimbabwe Professor Arrested, Tortured For 'Treason' For Watching News Videos About Egypt &#038; Tunisia</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20110225/14434913262/zimbabwe-professor-arrested-tortured-treason-watching-news-videos-about-egypt-tunisia.shtml</link>
<guid>http://www.techdirt.com/articles/20110225/14434913262/zimbabwe-professor-arrested-tortured-treason-watching-news-videos-about-egypt-tunisia.shtml</guid>
<description><![CDATA[ Disturbing reports out of Zimbabwe about how a professor who regularly held gatherings to discuss different news topics and social issues, was <a href="http://www.wired.com/dangerroom/2011/02/prof-arrested-tortured-for-watching-viral-vids/" target="_blank">arrested, charged with treason and tortured</a> for having the audacity to gather the regular group of about 45 people who discuss these things, and showing them some BBC and Al Jazeera news clips about the uprising in Egypt and Tunisia.
<blockquote><i>
Last Saturday, Munyaradzi Gwisai, a lecturer at the University of Zimbabwe&rsquo;s law school, was showing a group of students and activists internet videos about the tumult sweeping across North Africa when state security agents burst into his office.
<br /><br />
The agents seized laptop computers, DVD discs, and a video projector before arresting 45 people, including Gwisai, who runs the Labor Law Center at the University of Zimbabwe. All 45 have been charged with treason -- which can carry a sentence of life imprisonment or death -- for, in essence, watching viral videos.
<br /><br />
Over the next 72 hours, Gwisai and five others were brutally tortured, he testified on Thursday at an initial hearing.
</i></blockquote>
I understand that Zimbabwe is not exactly a bastion of freedom these days, but arrested, tortured and charged with treason for gathering people to <i>watch the news</i>?  Wow.<br /><br /><a href="http://www.techdirt.com/articles/20110225/14434913262/zimbabwe-professor-arrested-tortured-treason-watching-news-videos-about-egypt-tunisia.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20110225/14434913262/zimbabwe-professor-arrested-tortured-treason-watching-news-videos-about-egypt-tunisia.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20110225/14434913262/zimbabwe-professor-arrested-tortured-treason-watching-news-videos-about-egypt-tunisia.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>wtf</slash:department>
<wfw:commentRss>http://www.techdirt.com/comment_rss.php?sid=20110225/14434913262</wfw:commentRss>
</item>
<item>
<pubDate>Thu, 23 Dec 2010 14:11:49 PST</pubDate>
<title>UN Investigating Whether Or Not US Is Torturing Bradley Manning</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20101223/12583312398/un-investigating-whether-not-us-is-torturing-bradley-manning.shtml</link>
<guid>http://www.techdirt.com/articles/20101223/12583312398/un-investigating-whether-not-us-is-torturing-bradley-manning.shtml</guid>
<description><![CDATA[ We recently posted about the conditions under which the US was holding Bradley Manning, the private accused of leaking documents to Wikileaks, <a href="http://www.techdirt.com/articles/20101215/09551812291/us-is-apparently-torturing-bradley-manning-despite-no-trial-no-conviction.shtml">and noting that they seemed to reach the level of torture</a>, based on some excellent reporting by Glenn Greenwald.  This news was troubling just because we should not torture at all, and was made even worse by the fact that the guy hasn't even been convicted of any crime (though, as many commenters pointed out, even if he was convicted of a crime, torture is still not appropriate).  Not surprisingly, the comments on that post expressed a variety of opinions, with two specific statements repeated against my post: the first is that solitary confinement is not torture, and the second is that Manning deserves whatever he gets.  
<br /><br />
The latter response should be sickening to anyone who is an American or believes in the concept of innocent until proven guilty.  It's about the most anti-American thought I can think of to say that someone deserves punishment even when they have not been found guilty of a crime.  As for the first comment, as many people suggested, you should read Atul Gawande's <a href="http://www.newyorker.com/reporting/2009/03/30/090330fa_fact_gawande" target="_blank">fascinating and disturbing article on solitary confinement</a>, and then see how you feel about solitary confinement.  The number of people who claimed that people were just coddled and weak if they couldn't handle solitary appear to be quite ill-informed about the nature of solitary confinement, and I would imagine they would not last long under such conditions themselves.
<br /><br />
Since then, a lot more information has come out, including some explicit details about the <a href="http://my.firedoglake.com/blog/2010/12/23/bradley-manning-speaks-about-his-conditions/?utm_medium=twitter&#038;utm_source=twitterfeed" target="_blank">serious negative effects the treatment has had on Manning's health and mental well-being</a>.  On top of that, while the Defense Department has tried to minimize the complaints by presenting their side of the story, the article above references Manning's specific comments to one of the only two people he is allowed to meet with, which indicates that the Defense Department was not being entirely truthful.  The scary part is that it really appears that the treatment is having a significant impact on his health already.  Even if you believe that what Manning did was the worst thing a person could do, can we at least let him be tried before issuing punitive measures? 
<br /><br />
Separately, the UN has now said that <a href="http://www.guardian.co.uk/world/2010/dec/23/un-treatment-leaks-bradley-manning" target="_blank">it will investigate how Manning is being treated</a>, though, as with so much the UN does, I do wonder how much impact they would have even if they did find the treatment to reach the level of torture.
<br /><br />
Glenn Greenwald has <a href="http://www.salon.com/news/opinion/glenn_greenwald/2010/12/23/manning?utm_source=feedburner&#038;utm_medium=feed&#038;utm_campaign=Feed%3A+salon%2Fgreenwald+%28Glenn+Greenwald%29" target="_blank">another detailed report</a>, which highlights how the US State Department has condemned solitary confinement in other countries:
<blockquote><i>
As <a href="http://www.salon.com/news/opinion/glenn_greenwald/2007/07/20/russia/print.html">is true</a> for <a target="_blank" href="http://motherjones.com/kevin-drum/2009/04/defining-torture-down">so much of what it does</a>, the&nbsp;U.S. Government routinely condemns similar acts -- the use of prolonged solitary confinement in its most extreme forms and lengthy pretrial detention -- when used by other countries.&nbsp; See, for instance, the 2009 State Department Human Rights Report on <a target="_blank" href="http://www.state.gov/g/drl/rls/hrrpt/2009/eap/135992.htm">Indonesia</a>&nbsp;("Officials held unruly detainees <strong>in solitary confinement</strong> for up to six days on a rice-and-water diet");&nbsp;<a target="_blank" href="http://www.state.gov/g/drl/rls/hrrpt/2009/nea/136068.htm">Iran</a> ("Common methods of <strong>torture and abuse</strong> in prisons included <strong>prolonged solitary confinement</strong> with extreme sensory deprivation . . .Prison conditions were poor. Many prisoners were <strong>held in solitary confinement</strong> . . . Authorities routinely held political prisoners <strong>in solitary confinement for extended periods</strong> . . . All four [arrested bloggers] claimed authorities physically and psychologically abused them in detention, including <strong>subjecting them to prolonged periods of solitary confinement</strong> in a secret detention center without access to legal counsel or family"); <a target="_blank" href="http://www.state.gov/g/drl/rls/hrrpt/2009/nea/136070.htm">Israel</a> ("Israeli human rights organizations reported that Israeli interrogators . . .&nbsp; kept prisoners in harsh conditions, including <strong>solitary confinement for long periods</strong>");&nbsp;<a target="_blank" href="http://www.state.gov/g/drl/rls/hrrpt/2009/nea/136069.htm">Iraq</a> ("Individuals claimed to have been subjected to psychological and physical abuse, including . . . <strong>solitary confinement</strong> in Ashraf to discourage defections");&nbsp;<a target="_blank" href="http://www.state.gov/g/drl/rls/hrrpt/2009/nea/136083.htm">Yemen</a> ("Sleep deprivation and <strong>solitary confinement were other forms of abuse</strong> reported in PSO prisons"); <a target="_blank" href="http://www.state.gov/g/drl/rls/hrrpt/2009/af/135944.htm">Central African Republic</a>&nbsp;("As of December, there were 308 inmates in Ngaragba Prison, most of whom are pretrial detainees. Several detainees <strong>had been held for seven months</strong> without appearing before a judge"); <a target="_blank" href="http://www.state.gov/g/drl/rls/hrrpt/2009/af/135941.htm">Burundi</a>&nbsp;("Human rights problems also included . . . <strong>prolonged pretrial detention</strong>").
</i></blockquote>
Once again, it appears that the US State Department believes in <a href="http://www.techdirt.com/articles/20101207/12043712168/hillary-clinton-then-now-internet-freedoms-censorship.shtml">different rules</a> for itself than what it pushes on everyone else.  Once again, I find that I am disappointed by my government not coming even close to the standards it purports to hold, and which it regularly argues other countries should follow as well.<br /><br /><a href="http://www.techdirt.com/articles/20101223/12583312398/un-investigating-whether-not-us-is-torturing-bradley-manning.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20101223/12583312398/un-investigating-whether-not-us-is-torturing-bradley-manning.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20101223/12583312398/un-investigating-whether-not-us-is-torturing-bradley-manning.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>good-for-them</slash:department>
<wfw:commentRss>http://www.techdirt.com/comment_rss.php?sid=20101223/12583312398</wfw:commentRss>
</item>
<item>
<pubDate>Wed, 15 Dec 2010 11:30:00 PST</pubDate>
<title>US Is Apparently Torturing Bradley Manning, Despite No Trial And No Conviction</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20101215/09551812291/us-is-apparently-torturing-bradley-manning-despite-no-trial-no-conviction.shtml</link>
<guid>http://www.techdirt.com/articles/20101215/09551812291/us-is-apparently-torturing-bradley-manning-despite-no-trial-no-conviction.shtml</guid>
<description><![CDATA[ While there's been a ton of attention paid to Julian Assange's arrest and situation, much less attention has been paid to Bradley Manning, the Army Private who has been accused of being the source of many of Wikileaks' more recent leaks concerning the US government and military.  It seemed like a reasonable question to ask, upon his arrest, whether or not he was <a href="http://www.techdirt.com/articles/20100706/15453910085.shtml">simply whistleblowing</a> or <a href="http://www.techdirt.com/articles/20100727/15403110387.shtml">breaking the law</a>.  Certainly this is a question that is open for debate.  What <i>is</i> pretty clear is that his <i>intentions</i> were absolutely to be a whistleblower. 
<br /><br />
 In his internet chat with Adrian Lamo (the guy who turned him in), Manning made it clear that if he was trying to cause <i>problems</i> for the US or had malicious intentions, he could have sold the info to foreign governments.  However, his reasoning for leaking the info was clear, saying he was hoping it would cause "worldwide discussion, debates and reform."  He also noted that he was driven to do this after being involved in detaining Iraqis who had simply done a scholarly critique of the current government, which he believed went against basic free speech principles.  Again, no matter what you believe about his specific actions, it's pretty clear his intent was to whistleblow.  He was upset about what he felt were illegal activities and his goal was to get that information out and to create discussion leading to reform.  That's the classic definition of whistleblowing.
<br /><br />
I knew Manning had been arrested and was being held somewhere, but Glenn Greenwald is now covering how he <a href="http://www.salon.com/news/opinion/glenn_greenwald/2010/12/14/manning/" target="_blank">is being tortured</a>, despite the fact he has not been tried.  He has been held in intensive solitary confinement, meaning he spends 23 hours of the day in total isolation.  He has not even been given a pillow or sheets for his bed.  As Greenwald highlights, there is widespread agreement that such prolonged solitary confinement is well beyond the standard level of torture, is forbidden in many modern civilizations, and leads to long term psychological issues for those who go through it.
<br /><br />
And all this for a guy who has not even been convicted of anything.
<br /><br />
Again: I recognize that some people believe that Manning is a "traitor" or some sort of "enemy."  But even if that's the case, why should he not be put on trial for it, before he's put into solitary confinement?  As Greenwald notes, "Manning has been a model detainee, without any episodes of violence or disciplinary problems."  Solitary confinement is normally used as punishment for such outbreaks for those already convicted.  Putting Manning in such conditions is a purely punitive attempt to torture him, without him even being convicted.
<br /><br />
We've already covered just how bad the Defense Department is at <a href="http://www.techdirt.com/articles/20101207/16501412171/justice-department-report-notes-defense-department-sucks-protecting-whistle-blowers.shtml">protecting whistleblowers</a>, but this goes way beyond any of that.  The message being sent here is that, even if your intentions are to expose wrongdoing, the military may lock you up and torture you for months without end and with no due process.  This is not what America is supposed to be about.  We're not supposed to support torture.  We're not supposed to ignore due process.  We're supposed to encourage whistleblowing.  Instead, we're locking it up and torturing it with no trial or conviction.
<br /><br />
This is, frankly, horrifying.
<br /><br />
I'm not convinced that Manning did the right thing in leaking all of those documents.  Rather, I think there's a compelling argument that he went way too far in releasing way too much.  But it's a point that can be debated.  However, Manning has no such opportunity to debate it.  Instead, he's being psychologically tortured with no method of even making his own case.<br /><br /><a href="http://www.techdirt.com/articles/20101215/09551812291/us-is-apparently-torturing-bradley-manning-despite-no-trial-no-conviction.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20101215/09551812291/us-is-apparently-torturing-bradley-manning-despite-no-trial-no-conviction.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20101215/09551812291/us-is-apparently-torturing-bradley-manning-despite-no-trial-no-conviction.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>this-is-not-the-america-we-were-told-about</slash:department>
<wfw:commentRss>http://www.techdirt.com/comment_rss.php?sid=20101215/09551812291</wfw:commentRss>
</item>
<item>
<pubDate>Tue, 8 Jul 2008 06:55:00 PDT</pubDate>
<title>Music As Torture: Are Musicians Whose Music Is Blasted At Gitmo Compensated For Public Performance?</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20080707/1656211610.shtml</link>
<guid>http://www.techdirt.com/articles/20080707/1656211610.shtml</guid>
<description><![CDATA[ A little over a year ago, we reported on the news about US military officials playing loud rock music as "torture."  Basically, they would blast loud music over and over again at folks who they thought would be annoyed by it.  When we wrote about it, we were wondering if the US government <a href="http://www.techdirt.com/articles/20070321/191342.shtml">actually paid royalties</a> on the public performance of the music.  Apparently, we're not the only ones questioning that.  Howard Knopf discusses a musician who is (reasonably) upset that his music is being used in this manner, and <a href="http://excesscopyright.blogspot.com/2008/07/is-torture-by-music-performance-in.html" target="_new">questions whether or not the various collection societies are getting their cut</a> of these rather public performances.<br /><br /><a href="http://www.techdirt.com/articles/20080707/1656211610.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20080707/1656211610.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20080707/1656211610.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>wondering...</slash:department>
<wfw:commentRss>http://www.techdirt.com/comment_rss.php?sid=20080707/1656211610</wfw:commentRss>
</item>
</channel>
</rss>