Cheating Justice (38 page)

Nicaragua, 27

NIE (National Intelligence Estimate), 13, 34–35

Niger, 17–18

Nightline
(ABC), 53

9/11 Commission, 8–9, 50, 139

9/11 terrorist attacks: and al Qaeda, 8–12, 32, 49–50, 78; false links between Iraq and, xiii–xiv, 7, 8–10, 12, 14, 15–16, 22, 23, 24, 32, 75; intelligence on, 50; as justification for illegal wiretapping, 49–51; and “marketing” campaign for Iraq War, 11

Nixon, Richard: and Cambodia secret bombing, xii, 41; defense of crimes committed by, 61; duty of, to uphold law, 108; executive branch powers of, 44; government surveillance by, 39; impeachment of, xii–xiii, 26, 41, 137; pardon of, by Ford, xiii, 27; resignation of, xiii, 41, 138; and state secrets privilege, 135; wiretapping by, xii, 39, 41, 48.
See also
Watergate

No Child Left Behind, 117

North, Oliver, 27

Norton-Taylor, Richard, 23, 157

Nowak, Manfred, 162

NRC Handelsblad
, 158–59

NSA.
See
National Security Agency (NSA)

NSC.
See
National Security Council (NSC)

nuclear materials procurement, 7, 11, 12, 16–18

Nuremberg trials, 108, 143, 144, 145

Obama, Barack, 121, 127, 133, 159

Obstruction of Congress
(Congressional Research Service), 19

Office of Legal Counsel (OLC), 47, 55–58, 60–61, 76, 79–85, 94, 115, 137

Office of Professional Responsibility (OPR), 46, 80–82, 95, 97, 108, 128

O'Neill, Paul, 8

One Percent Doctrine, The
(Suskind), 50

Open Secret
(Amnesty International), 162

Open Society Justice Initiative, 157

OPR (Office of Professional Responsibility), 46, 80–82, 95, 97, 108, 128

Organization of American States, 156–57

Panetta, Leon, 113

pardons, ix, xiii, 27

Parker, Barrington D., 130–31

Parker, James, 83

Patriot Act, 102

PBS News
, 13

PDB (President's Daily Brief), 50

Pelosi, Nancy, 53

Pentagon, 9, 72, 138, 148

Philbin, Patrick, 80

Physicians for Human Rights, 90, 115

Pincus, Walter, 9, 29

Pinochet, Augusto, 145–46, 166

Plame, Valerie, 18, 120, 127

Poindexter, John, 27

Poland, 69–70, 73, 142, 150, 154–55

Politics Daily
, 23

Porter, Andrew, 114

post-traumatic stress, 3

Powell, Colin: on biological weapons labs in Iraq, 32; and conspiracy to defraud U.S. government, 28; and Geneva Conventions, 76, 93, 107; on link between Saddam Hussein and al Qaeda, 13; on torture, 76, 79, 113

President's Daily Brief (PDB), 50

President's Surveillance Program (PSP), 44–67

privacy violations.
See
wiretapping

Project for the New American Century, 8

prosecution of Bush-Cheney administration: under anti-torture law, 101–16; arguments against, xv; for conspiracy to defraud U.S. government, 6, 28–36; under False Statements Accountability Act (1996), 5, 19–21; for false statements in State of the Union address (2003), 19–21; for fraud, 2, 4, 7–8; need for, xv; steps in investigation generally, xiv–xv; under War Crimes Act, 100–101.
See also
accountability

Protect America Act (2007), 47

PSP (President's Surveillance Program), 44–67

Pundits
blog, ix

Raddatz, Martha, 103

Rahman, Gul, 116

RAND, 3

Reagan, Ronald, 6, 27–28, 43, 102

Red Cross.
See
International Committee of the Red Cross (ICRC)

reliance on counsel.
See
defense of counsel

Reuters, 117–18, 141, 147

Reynolds v. United States
, 134–35

Rice, Condoleezza: and al Qaeda threats, 50; on CIA kidnapping of El-Masri, 131; and conspiracy to defraud U.S. government, 28; international accountability for, 151; and “marketing” strategy for Iraq War, 11, 13; on torture, 79; on war plans against Iraq, 10

Richardson, Elliot, 119

Risen, James, 40, 46, 48, 65, 124

Rizzo, John, 80

Rockefeller, Jay D., 14, 33, 34, 53, 54, 112

Rodino, Peter, 119

Romania, 73, 150, 151, 155

Rome Treaty, 144, 150, 151

Rose, David, 111, 112

Rosenberg, Carol, 146

Ross, Carne, 23

Roth, Kenneth, ix

Rove, Karl, 11, 28, 30

rule of law: Bush's disregard for, xi; CIA's disregard for, 126; commitment to, xii, xiv, 116, 140; importance of, for democracy, 167

Rumsfeld, Donald: and Abu Ghraib prisoner abuses, 88; and ballistic missile defense project, 50–51; and conspiracy to defraud U.S. government, 28; on costs of Iraq War, 37; international accountability for, 142, 147, 148–49, 151; and International Criminal Court, 149; and Iraq's alleged procurement of uranium from Niger, 18; and “marketing” strategy for Iraq War, 11, 13; on military troop strength needed in Iraq, 36; on overthrow of Saddam Hussein, 8; resignation of, as secretary of defense, 148; torture approved of and authorized
by, 74, 79, 85, 86–88, 105, 107, 142; and war plans for Iraq, 10

Russia, 166

Sands, Philippe, 13, 89

Sanger, David E., 50

Savage, Charlie, 46, 96

savings clause, 63–64

Schlesinger Report, 88

Schwinn, Steven D., 135

“Secret Downing Street Memo,” 10

Senate Armed Services Committee, 75, 77–79, 86, 87, 99, 104–5, 109, 113

Senate Intelligence Committee, 14, 31, 34, 53, 54, 112, 125

Senate Judiciary Committee, 45, 56, 62, 125

September 11 terrorist attacks.
See
9/11 terrorist attacks

Serbia, 106, 144

SERE (Survival, Evasion, Resistance, Escape) program, 75, 77, 78, 80–81, 83–85, 103, 108, 111

Shakespeare, William, 82

Shane, Scott, 47, 77–78, 94–95, 105

Sharrock, Justine, 86–87

Shinseki, Eric, 36

Singel, Ryan, 45

60
Minutes
, 9, 17

Slackman, Michael, 154

Slahi, Mahamadou Walid, 104–5, 109

Soufan, Ali, 111

South Africa, 17–18, 138

Soviet Union (former), 162, 166

Spain, 108, 124, 145–47, 152, 153–54, 166

special prosecutor, 118–22

Specter, Arlen, 45, 47, 53

Stalin, Josef, 166

Starr, Kenneth, 119

State Department: and disadvantages of torture, 113; and Geneva Conventions, 93, 107; and
Hamdan v. Rumsfeld
, 97; and Iraq's alleged procurement of uranium from Niger, 17–18; on Iraq's procurement of aluminum tubes, 16–17; and torture memos, 80; and War Crimes Act, 92; WikiLeaks release of cables by, 142, 146–47, 153, 154, 159, 163

State of the Union address (2003), 1–2, 7, 15–21

state secrets privilege, 129–30, 132–36

statute of limitations: in anti-torture law, 102–3, 115–16; changing of, for grave abuses of power, 128–29; on conspiracy to defraud U.S. government, 35, 65; in death cases under War Crimes Act and anti-torture law, 92, 93, 115–16; on false statements, 25–26; on FISA violations, 65–67; on torture, 115–16

Steel Seizure Case, 57, 60, 61

Straw, Jack, 145

Sudan, 144, 150

Sunday Times
(London), 10

Supreme Court, U.S.: on abusive interrogation, 110; on conspiracy to defraud United States government, 6, 63; on executive power, 57, 60–61, 83; on false statements, 19; and FISA court, 42–43; on Geneva Conventions, 97; on military trials for detainees, 96–97; refusal by, to hear cases of torture victims, 131, 132; on state secrets privilege, 134–35; on war powers of Congress, 61, 83

surveillance.
See
Foreign Surveillance Intelligence Act (FISA); wiretapping

Suskind, Ron, 50

Switzerland, 141

Syria, 69, 130, 156, 162

Taft, William H., IV, 93

Taguba, Antonio, 88, 90, 109–10

Taliban, 69, 75, 76, 80, 92–94

Tauscher, Ellen, 159

Taylor, Anna Diggs, 61, 62, 132

Taylor, Charles, 144

Tejada, Miguel, 5

Telegraph
(UK), 114, 132, 141, 159

Tenet, George, 18, 19, 74, 94, 131, 151

terrorist attacks.
See
9/11 terrorist attacks

Terrorist Surveillance Program, x, 45–47, 57.
See also
wiretapping

Terror Presidency, The
(Goldsmith), 84

Thailand, 73

Thielmann, Greg, 17

ThinkProgress
, 54

This Week
(ABC), 70

Thomas, Clarence, 56

Time
magazine, 36, 69, 148

Tomoyuki Tamashita, 106, 143

torture: at Abu Ghraib prison, xiv, 70, 71, 72, 88, 90, 99, 106, 110, 111, 113; at Al-Qaim facility in Iraq, 116; at Bagram Air Base, 69; Bush's approval of waterboarding and other forms of, ix, 70, 88–89, 90, 101, 103, 105, 107, 109, 116, 141, 144; Bush's denial of, xiv, 74, 109; charges against Bush and his officials under anti-torture law, 101–16; Cheney on, x, 70, 79, 86, 95, 101, 105, 109, 116; by CIA, 37, 69–70, 73–85, 88–90, 94, 104, 105, 111–12, 114, 116, 121, 132, 138; citizen activism against, 167; civil lawsuits by victims of, 130–32; “Classified Bybee Memo” on, 83–85; combined techniques of, 84–87, 105, 130, 132; as crime against U.S. and international law, 70, 73–74, 101; and deaths of detainees, 72–73, 94, 104, 115–16, 121; defense of counsel on, 106–9; defense of interrogators engaged in torture, 95–96; defenses and justifications for, 101, 106–16; definition of “severe pain” by Bush administration, 81–82; definitions and redefinition of, 81, 101, 102, 109–10; and Detainee Treatment Act (2005), 95–97, 98, 100, 101, 105; effectiveness of, 110–15; and “enhanced interrogation techniques,” 76–78, 83–90, 105, 111–12, 114, 121; examples of, 69–70, 104–5; false or unreliable information from, 31–32, 46, 73, 77, 111–14; at Guantánamo Bay prison, 69, 76, 86–89, 99, 104, 109, 110–11, 113–15, 148, 153, 161; information on, available to the public, 89–90; international accountability on, 146–63; in Korean War, 75, 77; legal distinction between cruelty and, 98–99; legal torture memos defending, xiv, 78–85, 87, 94, 103–4, 106–8, 137; military objections to, overruled, 85–90; missing records on, 89, 94, 104, 120, 125–28; by Nazis, 71–72; photos of prisoner abuse, 88, 89, 109–10, 117; physical and mental injuries from, 104, 105, 109, 115, 132, 153, 156; policy decisions made by Bush and his officials, 106; as propaganda tool for al Qaeda, 113; prosecution of Bush and government officials under War Crimes Act, 100–101; protection for Bush administration from prosecution for, 71, 90–100; rescission of Rumsfeld's authorization of torture, 87; Rumsfeld's authorization of, 86–88, 105, 142; and SERE program, 75, 77, 78, 80–81, 83–85, 103, 108, 111; statute of limitations for, 115–16; in Syria prison, 69; techniques of, 69–70, 72, 75–78, 83–90, 94, 105, 130; as violation of Geneva Conventions, 86–87, 101; as violation of Uniform Code of Military Conduct, 86.
See also
waterboarding

Tortured
(Sharrock), 86–87

Tortured Justice
(Human Rights First), 104

Torturing Democracy
, 83, 109

Tracy, Spencer, 143

Truman, Harry, 60

truth and reconciliation commissions, 137–38

truth commissions, 137–40, 157–61

Truthout
, 84

Tyrie, Andrew, 161

Unclassified Report on the President's Surveillance Program
(2009), 44–45

United Nations: Bush on Iraq as threat, 12; Bush's denial of torture to, xiv; Charter of, 23; and complaint against Korea for torture, 75; and Convention Against Torture, 74, 102, 114; evacuation of inspectors and staff from Iraq, 23; and first Gulf War, 158; Human Rights Council of, 162; inspections of Iraq by, for WMD, 13, 16, 29, 161; and International Criminal Court, 149, 150; and Iraq War, 23, 24, 160; Joint Study on Secret Detention by, 162; misrepresentations about findings of WMD in Iraq, 11, 29; Powell on link between Saddam Hussein and al Qaeda to Security Council
of, 13; and procurement of aluminum tubes by Iraq, 16; Security Council of, 13, 16, 22, 23, 24, 150, 158; and Universal Declaration of Human Rights, 74.
See also
Geneva Conventions

Universal Declaration of Human Rights, 74

universal jurisdiction, 144–49

uranium purchases by Iraq, 17–19, 29

Uribe, Álvaro, 12

USA Patriot Act, 102

USA Today
, 45

U.S. v. Shewfelt
, 55

Vanity Fair
, 111, 112

Velasco, Eloy, 146

Veterans of Foreign Wars, 12

Vietnam War, xii, 41, 83, 91, 95, 109

Waas, Murray, 9–10, 17

Walker, Vaughn, 64

Wallach, Evan, 105

Walsh, Lawrence, 27–28

War Crimes Act (1996): and definition of war crimes, 92, 101; and Geneva Conventions, 91, 101, 122; and Military Commissions Act (2006), 97–100; passage of, 74; and prosecution for war crimes, 91–92; prosecution of Bush and government officials under, 100–101; protection for Bush administration from prosecution under, 90–100; provisions of, 91–92, 101; purpose of, 90–91; restoration of, for accountability, 122; statute of limitations for death cases under, 92, 93; weakening of, during Bush administration, xiv, 74, 90, 97–101, 122

Washington, George, 117

Washington Examiner
, 163

Washington Journal
(Drew), 138

Washington Note
, 103–4

Washington Post
: on Authorization for Use of Military Force (2001), 52; on Bush's accountability of Iraq War, 25; on Bush's blocking of inquiry into secret warrantless surveillance, 46; and Cheney on waterboarding, 86; on Durham's investigation of torture cases, 121; on effectiveness of torture for getting information, 113; on illegal wiretapping by Bush administration, 52, 123; on Iraq's alleged procurement of uranium from Niger, 18; on Iraq's procurement of aluminum tubes, 16; on Military Commissions Act (2006), 97–100; on 9/11 terrorist attacks, 8–9; on torture approved by Bush administration, 76, 87, 95, 113; on torture used in Korean War by North Korea, 75; on UN inspectors in Iraq, 29; on war plans for Iraq, 9, 10