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Waterboarding, sensory deprivation, confessions extorted under torture… We have been here before. Eighty years ago Zechariah Chafee’s investigation of “Lawlessness in Law Enforcement” spelled the beginning of the end for routine police torture in America. In our new CounterPunch newletter Peter Lee sets Chafee’s findings against the documented tortures of the Bush-Cheney years, whose executors are now protected by Obama. Every word of Chafee’s repudiation of extra-legal detention and coercive interrogation is valid today and should be read by all, starting with the 44th president. Also in this newsletter Marcus Rediker describes what happened when he lectured on the history of pirates to inmates at Auburn Prison. Get your new edition today by subscribing online or calling 1-800-840-3683 Contributions to CounterPunch are tax-deductible. Click here to make a donation. If you find our site useful please: Subscribe Now! CounterPunch books and t-shirts make great presents.
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Today's Stories July 30, 2009 Saul Landau July 29, 2009 Carl Ginsburg Clifton Ross Paul Craig Roberts Franklin C. Spinney James Bovard Lackawanna Six: Bogus Charges and Martial Law Anthony DiMaggio Bouthaina Shaaban Greg Moses Wajahat Ali Gary Leupp Ayesha Ijaz Khan Website of the Day July 28, 2009 Jean Bricmont Uri Avnery Dean Baker Heather Gray Jonathan Cook Winslow T. Wheeler Belén Fernández Carl Finamore Eli Jelly-Schapiro Harvey Wasserman Website of the Day July 27, 2009 Ishmael Reed Patrick Cockburn Roger Burbach Steve Breyman Ramzy Kysia Stephen Soldz Raymond J. Lawrence Greg Moses Binoy Kampmark Kim Ives Website of the Day July 24-26, 2009 Alexander Cockburn Clifton Ross Patrick Cockburn William Polk David Sterritt Ray McGovern David Lindorff Hannah Mermelstein Carl Ginsburg Helen Redmond John Ross Bill Simpich Mark Weisbrot Lee Sustar David Macaray Felipe Matsunaga Sara Mann Martha Rosenberg Missy Beattie David Ker Thomson Ron Jacobs Stephen Martin David Yearsley Gilad Atzmon Kim Nicolini Poets' Basement Website of the Weekend July 23, 2009 Jeffrey St. Clair Saul Landau / Jonathan Cook Nadia Hijab Dave Lindorff Laura Carlsen Steve Breyman Ellen Brown Norman Solomon Jorge Mariscal Website of the Day July 22, 2009 Bernard Chazelle Nikolas Kozloff Carl Ginsburg Clifton Ross Anthony DiMaggio Michael Donnelly Nadia Hijab Dedrick Muhammad Charles Thomson Alan Farago Website of the Day July 21, 2009 Sasan Fayazmanesh Uri Avnery Dean Baker Jonathan Cook Dave Lindorff Andy Worthington David Macaray Carl Finamore Harvey Wasserman Walter Brasch Website of the Day
July 20, 2009 Pam Martens Nikolas Kozloff Paul Craig Roberts Deepak Tripathi Ira Glunts P. Sainath Binoy Kampmark Stephen Fleischman Norman Solomon Andy Worthington Ron Jacobs Website of the Day
July 17-19, 2009 Alexander Cockburn Nikolas Kozloff Joanne Mariner Joe Bageant Jonathan Cook Saul Landau John Ross Sue Sturgis Anita Sinha / Peter Morici Pervez Hoodbhoy Ramzy Baroud Greg Moses Kia Mistilis Missy Beattie David Ker Thomson James G. Abourezk Paul Richards Dave Lindorff Marc Levy Matt Siegfried Stephen Martin Ben Sonnenberg David Macaray Charles R. Larson David Yearsley Lorenzo Wolff Poets' Basement Website of the Weekend July 16, 2009 Paul Craig Roberts Afshin Rattansi Iranian Planes and the Hidden Toll of Economic Sanctions Gregory V. Button Evan Knappenberger Michelle Bollinger Russell Mokhiber Belén Fernández Alice Walker Nicholas Dearden Albert Osueke Website of the Day
Manuel Garcia, Jr. Vijay Prashad Dean Baker Ray McGovern Jonathan Cook David Rosen Eric Walberg Greg Moses Sousan Hammad Binoy Kampmark Tracy McLellan Website of the Day July 14, 2009 Eamonn McCann Joanne Mariner Franklin Spinney Steve Heilig Ali Abunimah Dave Lindorff Nikolas Kozloff Ellen Brown Alice Slater Ron Jacobs Joe Allen Website of the Day July 13, 2009 Uri Avnery Mike Whitney P. Sainath Gareth Porter Paul Moore Tim Wise Andy Worthington Former Insider Shatters Credibility of Military Commissions David Macaray Cal Winslow Niranjan Ramakrishnan Website of the Day July 10-12, 2009 Alexander Cockburn José Pertierra John Ross Conn Hallinan Nikolas Kozloff Clifton Ross / Carl Ginsburg Michael Neumann Gilad Atzmon Jeffrey St. Clair Ellen Hodgson Brown Jim Goodman Christopher Bickerton Wendell Potter Dave Lindorff David Ker Thomson Anthony DiMaggio Raymond Lawrence Walid El Houri Stephanie Westbrook Roger Gaess David Yearsley Kim Nicolini Poets' Basement Website of the Weekend
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July 30, 2009 The Interrogation of Daniel KingThe American Psychological Association and the Missing Ethics InvestigationBy STEPHEN SOLDZ In an important development in the American Psychological Association saga, Jeffrey Kaye has reported that psychologist Michael Gelles, a member of the association's 2005 PENS [Psychological Ethics and National Security] task force, was himself accused of ethics violations during the interrogation of Navy Petty Officer Daniel King. This occurred well before Gelles’ appointment to the PENS Task Force. Kaye bases his account of Gelles' involvement largely on the statements to the Senate Intelligence Committee [SIC] of King's three attorneys, highly respected George Washington University Constitutional law professor Jonathan Turley and Navy Jags Robert Bailey and Matthew Freedus. [See the Federation of American Scientists page on the case for these and other documents.] The attorneys’ accounts are, in turn, based on an actual videotape of Gelles' interrogation of King. According to the statement given to SIC, in late September 1999 King was accused of spying after an ambiguous result on his routine polygraph test. As a result, King was interrogated by the Navy Criminal Investigative Service [NCIS], for whom Gelles worked, for 17 to 19 hours at a time for 30 days straight. As Turley relates:
The King interrogation reportedly was rife with abuse. King allegedly was illegally denied an attorney when he requested one. Agents repeatedly lied to him about the results and the meaning of ambiguous or incorrectly administered polygraph tests. He was repeatedly threatened with further abuse if he did not cooperate.. He was encouraged to report his fantasies, after which agents told him that these fantasies meant they must have a basis in fact. During his extended interrogation, accompanied by sleep deprivation, King made a confession, only to recant it the next day and thereafter. After at least 520 days of detention, he was released, and the case was dropped without charges. The case was later the subject of hearings before the Senate Intelligence Committee. Turley describes Gelles' interview with King:
Understandably appalled the attorneys determined to take action against Gelles. Turley says,
American Psychological Association According to Kaye, Turley confirmed to him that he, indeed, filed an ethics complaint with the APA regarding Gelles' behavior in this case, but the complaint was never investigated:
The Ethics Director of the APA at the time was Dr. Stephen Behnke, who assumed the position in 2000. This is important because, in 2005, Dr. Behnke was involved in the process of appointing the members of the PENS task force to examine the ethics of psychologist participation in national security interrogations of detainees. At the time the task force was convened, and even after the Task Force report was published, the membership of the PENS task force remained secret. The report was unsigned (apparently the only case of an unsigned Presidential Task Force report in APA history, requests for the names of Task force members from the membership and the press were denied. In fact, soon after the report was published, Gelles and Behnke shared a panel on Ethics and National Security at the APA Convention. Gelles reported back to the other task force members on the listserv of the PENS task force, that “I was once again impressed with how Dr. Behnke eloquently represented our work and insured the confidentiality of the panel, despite pressure to reveal the identities of the task force members…” It was later revealed that six of the 10 members were from the military-intelligence establishment. It is hard to understand any way in which Dr. Behnke could not have been aware of the ethics complaint filed with his office against Gelles in a high-profile case. Not surprisingly, this stacked task force concluded that psychologist participation in national security interrogations at Guantanamo, in Iraq and Afghanistan, and at CIA black sites was ethical. In fact, they claimed:
The case of Gelles' involvement in the King interrogation, of course, makes this assertion quite dubious.Gelles’ involvement in the King interrogation clearly did not "assist in ensuring that" this interrogation was "safe and ethical for all participants." Furthermore, as Turley reports, Gelles ignored suicidal statements made by King, thus failing during his interview in his obligation to ensure that the process was "safe." From the record of the King case, it appears that Gelles may have violated several other of the recommendations of the PENS task force. Among the recommendation that may have been violated were:
The detention and interrogation of King would likely meet the legal threshold of "cruel, inhuman, or degrading treatment." He was subjected to sleep deprivation for a month and isolated from all social supports. According to the Senate testimony of King's attorney, JAG Robert Bailey, NCIS agents threatened to harm King's family on at least two different occasions. While it is possible Gelles reported these abuses, there is no indication in the public record that he did so.
In his videotaped interview with King, Gelles reportedly told King that he was a "doc" and not an agent while failing to tell him that he was part of the investigative team and that the interview was part of the interrogation. He thus confused his health provider ["doc"] and investigative roles. He di not, apparently, clarify "the limits of confidentiality." It is important to stress that these comments on Gelles' behavior are provisional and are based solely upon accounts of his interview with King provided by King's attorneys. There may be other aspects of the case that would change the overall evaluation of Gelles' behavior. But such exculpatory information is not available in the absence of an investigation. What is most important is that the APA Ethics Committee, faced with a complaint of very serious ethical lapses from a highly reputable attorney, failed to open the case or investigate these claims. It thus appears that they never even viewed the videotape containing the Gelles interview of King or sought information from King or his complainant attorneys. Government documents show this psychologist participating in the planning and execution of the torture of Guantanamo detainees al Qahtani. A fourth psychologist, Col. Morgan Banks, has acknowledged training Guantánamo interrogators in abusive interrogation techniques. Ethics charges could not be brought against Banks because he was not an APA member at the time of the abuse. Nor was he an APA member when Behnke appointed him to the PENS Task Force, though he has joined the APA since. Evidently ethics complaints against psychologists affiliated with the military [Gelles was a civilian NCIS employee at the time of the King interrogation] have an exceedingly high threshold before the APA will even open a case, much less investigate. Equally important to the failure of the APA to investigate the complaint against Gelles was that Behnke allowed Gelles to be appointed to the PENS task force on the ethics of interrogations, in spite of the fact that an ethics complaint had been filed against him for interrogation abuse. Ordinary prudence would caution against such a step, at least without full transparency and explanation. The lack of such prudence, however, is not surprising on a task force on detainee abuse which is already known to contain four members from chains of command accused of detainee abuse.
As reported in the PENS task force report, members of the task force were aware that the APA the ethics code included the Nuremberg Defense ["just following orders"] in its ethics standard 1.02, added in 2002.
According to this standard, Gelles' actions, however otherwise in violation of the ethics code, would be "ethical" if carried out in response to an order or "other governing legal authority." As I write this I cannot help but wonder if the Gelles-King case was on the minds of the Ethics Committee as they pondered adopting 1.02. Given the APA's pattern of failing to adequately investigate ethics complaints against military-affiliated psychologists, it is not surprising that they have maintained the Nuremberg Defense despite the APA Council requesting a revision twice over the last four years. The APA is apparently about to adopt another six-month delay in revising this standard despite the obvious unethical behavior it may have facilitated and the serious consequences it has had for the whole profession of psychology The failure of APA to investigate the Gelles case, and his subsequent appointment to the PENS task force will reinforce recent calls by psychologists and human rights advocates in an Open Letter for, among other actions, annulling the PENS report; bringing in independent attorneys to pursue accountability of psychologists accused of torture or detainee abuse; revision of ethics standard 1.02 and other problematic sections of the ethics code; and for an independent investigation of ties and possible collusion between the APA and the military-intelligence establishment. Stephen Soldz is a psychoanalyst, psychologist, public health researcher, and faculty member at the Boston Graduate School of Psychoanalysis. He edits the Psyche, Science, and Society blog. He is a founder of the Coalition for an Ethical Psychology, one of the organizations working to change American Psychological Association policy on participation in abusive interrogations. He is also a Steering Committee member of Psychologists for Social Responsibility [PsySR]. He can be reached at: mailto:ssoldz@bgsp.edu
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Now Available from CounterPunch Books! Yellowstone Drift: Spell Albuquerque: Waiting for
Lightning
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