The Stonewall Continues

"On the matter of the existence of the tapes, we know the CIA deliberately lied, not only to the 9/11 commission, but to Congress as well. Given that the Bush administration has for six years refused those prisoners any sort of public legal exposure, why should we believe what we've been told about what may turn out to be the most important transformative event in our nation's history? On the basis of what the CIA claimed the tortured prisoners said, President Bush launched a 'Global War on Terrorism,' (GWOT), an endless war that threatens to bankrupt our society both financially and morally."

Waterboarding Watch

Josh White writes in The Washington Post: "The top legal adviser for the military trials of Guantanamo Bay detainees told Congress yesterday that he cannot rule out the use of evidence derived from the CIA's aggressive interrogation techniques, including waterboarding, a tactic that simulates drowning.

"Air Force Brig. Gen. Thomas W. Hartmann, who oversees the prosecutors who will try the detainees at military commissions, said that while 'torture' is illegal, he cannot say whether waterboarding violates the law. Nor would he say that such evidence would be barred at trial.

"'If the evidence is reliable and probative, and the judge concludes that it is in the best interest of justice to introduce that evidence, ma'am, those are the rules we will follow,' Hartmann said in response to questions from Sen. Dianne Feinstein (D-Calif.), at a Senate Judiciary subcommittee hearing.

"Hartmann also declined to say that waterboarding would be illegal if used by another country on U.S. forces...

"Hartmann's testimony conflicted with the views of the former military commissions chief prosecutor, who resigned in October after concluding that the process had become too politicized. In recent interviews, Air Force Col. Morris Davis said he categorically rejected the idea of using any evidence derived from waterboarding because he believes that the technique produces unreliable information. Davis was invited to testify at yesterday's hearing, but the Defense Department ordered him not to attend."

Another Tortured Non-Response

From yesterday's White House press briefing:

Q: "Did the questioning of al Qaeda leader Abu Zubaydah conform with the interrogation program approved by President Bush?"

Perino: "I can't comment on any specifics. So you might want to rephrase your question. It's not -- what you're asking me is not something that I can confirm or respond to in that way."

Q: "I'm asking if it was within the guidelines -- the interrogation techniques, was that within the guidelines of these programs approved by the President?"

Perino: "I will say that all interrogations -- all interrogations have been done within the legal framework that was set out after September 11th, and they are measures that have been tough and limited. They are safe, and they have been very effective in helping prevent terrorist attacks on this country. All of the -- the entire program has been legal. . . . "

Q: "But when you have a former CIA officer, John Kiriakou, now saying that waterboarding was used -- since you're saying the interrogations were legal; he's saying on the record now, waterboarding was used in at least one case. You're saying waterboarding is legal?"