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My My My ... US Court of Appeals Judge Bybee Seems To Have A Problem....

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Blackhatjack Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Apr-22-09 09:49 PM
Original message
My My My ... US Court of Appeals Judge Bybee Seems To Have A Problem....
As addressed on Countdown and Maddow tonight:

According to 'leaks' now confirmed in the Armed Services Comm Report, there appears to have been a telephone call in Dec 2001 from the Pentagon to the SERE Unit to ask for their help in incorporating their torture techniques into the US interrogation procedure --BEFORE Bybee wrote his torture technique memo for the Bush Administration.

This would appear to be an attempt to Okay torture techniques which might have already been in use at or before the time he gave his approval in his memo.

Retroactive approval of torture stinks even worse than prospective torture, and certainly undermines any attempt to allege he used his 'independent legal judgment' in arriving at the conclusion that torture techniques detailed therein would be Okay.
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glinda Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Apr-22-09 10:40 PM
Response to Original message
1. oops!
:popcorn:
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jberryhill Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Apr-22-09 10:41 PM
Response to Original message
2. To be clear....

Where you say "to ask for their help in incorporating their torture techniques into the US interrogation procedure", you mean "techniques already in use" or proposed techniques?

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Blackhatjack Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Apr-22-09 11:05 PM
Response to Reply #2
6. As reported on Countdown ....
The SERE officiers were contacted to help incorporate the torture techniques in the Interrogation protocol they were devising, and then ..... those officers left the service, formed their own company, and contracted with the Govt as consultants to make it happen.

I have nothing to back this up except what was reported tonight on Countdown and Maddow.

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Canuckistanian Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Apr-23-09 12:14 AM
Response to Reply #6
8. Ah, so that's where CACI International came from
And why Randi Rhodes was sued.

She was sued when she said that the CACI security people were walking around in battle fatigues as if they were military.

And she got sued because of that.

And she won.
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DCKit Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Apr-23-09 12:40 AM
Response to Reply #8
9. CACI's been around for a loooooong time, but they're always looking for new opportunities.
Edited on Thu Apr-23-09 12:44 AM by DCKit
And Boy-oh, are they ever plugged into the federal gubmint. CACI's federal contract subsidized growth over the past fifteen years has been phenomenal.
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seemslikeadream Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Apr-23-09 12:57 AM
Response to Reply #9
12. CACI Gets Army OK on Interrogation Issue Jul-22-04
Well here's the first one


http://www.democraticunderground.com/discuss/duboard.php?az=view_all&address=102x703830


CACI Gets Army OK on Interrogation Issue
Posted by seemslikeadream on Thu Jul-22-04 07:57 PM

07.22.2004, 08:11 PM

CACI International Inc., a provider of information technology and network solutions, said Thursday the Army was satisfied the company did not do anything illegal while dealing with Iraqis in its capacity as a government contractor brought on after the occupation. CACI also provides professional interrogation and analyst support services to the U.S. Army in Iraq.

CACI said the report by the Army Inspector General has determined that all interrogators provided by the company satisfied the Army work order.

The General Services Administration opened an investigation of the company when word spread that its employees had interrogated prisoners. There were allegations a CACI employee was an interrogator at Iraq's now infamous Abu Ghraib prison.

"CACI has cooperated fully with the Army's inquiry concerning its contract work order to provide the U.S. Army with interrogation support services in Iraq," the company said in a statement. "The company has stated repeatedly that it will not condone, tolerate or endorse any illegal behavior at any time."
more
http://www.forbes.com/work/feeds/ap/2004/07/22/ap1466906.html
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seemslikeadream Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Apr-23-09 01:06 AM
Response to Reply #9
13. Now Hiring: Park rangers, interrogators
http://www.democraticunderground.com/discuss/duboard.php?az=view_all&address=103x53660

Now Hiring: Park rangers, interrogators
Posted by seemslikeadream on Sat May-29-04 07:15 AM


Commentary: The wacky world of government contracts

By Michael Collins, CBS.MarketWatch.com
Last Update: 1:07 PM ET May 28, 2004

ARLINGTON, VA (CBS.MW) -- We learned this week that civilian interrogators used by the Army at the Abu Ghraib prison in Baghdad were hired under a Department of the Interior contract for information technology.

Yes, the Interior Department, best known for running the national parks, apparently has a side business administering contracts for other government agencies. And under what is known as a "blanket purchase agreement" for the government to buy technology services from CACI International of Arlington (CAI: news, chart, profile), the Army was able to order up prison interrogators.

Welcome to the wild, wacky world of government contracting.

It's strange enough that Iraq intelligence gathering is contracted out to the private sector, and even stranger that Baghdad prison interrogators are working under an Interior Department technology contract. But what really bothers me is this type of thing is not that uncommon, and it's seen as "efficiency" in the federal government.

It's hard for an outsider to see what's efficient about the complex web of government contracting. I'm sure it made sense, to someone, for the Army to ask a technology company to hire interrogators -- but to me it seems like going to a lumber yard to buy a computer.

Interior Department spokesman Frank Quimby said Tuesday the department's inspector general wants to find out if it was proper to hire interrogators under an information technology contract. He was speaking on a conference call, so we don't know if he was able to keep a straight face

more
http://cbs.marketwatch.com/news/story.asp?guid=%7BF8607265-F5F6-4E14-BFBB-4C9039DE6CE1%7D&siteid=google&dist=google
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seemslikeadream Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Apr-23-09 12:53 AM
Response to Reply #8
11. and we were talking CACI here at the time
I'm going to look for some of that
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Canuckistanian Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Apr-23-09 08:03 AM
Response to Reply #11
17. Good stuff! You should start a separate thread with all that info
Sounds like CACI is indicative of the problem with this corrupt contracting system.

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seemslikeadream Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Apr-23-09 01:17 AM
Response to Reply #8
14. Diary of an interrogator: After a tough day's questioning May-09-04
http://www.democraticunderground.com/discuss/duboard.php?az=show_topic&forum=102&topic_id=542297


Diary of an interrogator: After a tough day's questioning
Posted by seemslikeadream on Sun May-09-04 08:13 AM




Diary of an interrogator: After a tough day's questioning, a relaxing evening of jail-roof golf

By Andrew Buncombe in Washington
09 May 2004



Among the golfers is a civilian accused by a US Army report of being "directly or indirectly responsible for the abuse" at the prison. The diary also reveals the pressure on interrogators and the extremely right-wing views of some.

Joe Ryan, a former Green Beret working in Abu Ghraib for CACI International, a defence IT contractor, had been keeping the diary for a conservative talk-show radio station in Minneapolis, KSTP 1500. The diary was posted on the station's website until, Mr Ryan said, military authorities requested its removal. On 25 April, Mr Ryan wrote: "We have foreign fighters from Morocco, Syria, Jordan, and other countries detained here. They are not sponsored by their respective countries to come here, but it is due to their individual choices, be it religious or stupidity ... I got to take the rest of the day off after our long booth time. This gave us a nice evening after dinner to head to the roof and play a round of golf.

"Scott Norman, Jeff Mouton, Steve Hattabaugh, Steve Stefanowicz, and I all took turns trying to hit balls over the back wall and on to the highway. Since the club is a left-handed 3 iron, I had an unfair advantage and missed a dump truck by only about 10 feet ... We do what we can to make it fun here."

Mr Stefanowicz, 35, a former naval reserve officer also employed by Arlington-based CACI International as an interrogator, became a reservist in the aftermath of the terror attacks of September 2001. A CACI official said last week that Mr Stefanowicz was "by all accounts doing a damn fine job". But Major General Antonio Taguba, who carried out an investigation into the abuses at Abu Ghraib, believed Mr Stefanowicz was one of the people "either directly or indirectly responsible for the abuses at Abu Ghraib".
http://news.independent.co.uk/world/americas/story.jsp?story=519434

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seemslikeadream Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Apr-23-09 01:26 AM
Response to Reply #8
15. CACI Defense Contracts Hazy on Civilian AuthorityJul-29-04

http://www.democraticunderground.com/discuss/duboard.php?az=view_all&address=102x715284
CACI Defense Contracts Hazy on Civilian Authority
Posted by Rose Siding on Thu Jul-29-04 10:39 AM

Contracts released by the Defense Department raise new questions about whether civilian employees of CACI International Inc. supervised the interrogation of some prison detainees in Iraq.

The Pentagon provided copies of the Arlington company's government contracts to the Center for Public Integrity, which sought them under the Freedom of Information Act. The center, based in the District, made the documents public yesterday.

The $19.9 million contract for CACI to provide interrogators, awarded last August, calls for the civilian workers to "provide oversight and other directed intelligence support to screening and interrogation operations, with special emphasis on High-Value detainees."

But the contract for interrogation services also says that CACI employees are to be "directed by military authority" and that "the contractor is responsible for providing supervision of all contractor personnel."

http://www.washingtonpost.com/wp-dyn/articles/A21858-2004Jul28.html
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seemslikeadream Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Apr-23-09 01:48 AM
Response to Reply #8
16.  Richard Armitage, the current deputy US secretary of state, sat on CACI’s
Edited on Thu Apr-23-09 01:49 AM by seemslikeadream

http://www.democraticunderground.com/discuss/duboard.php?az=show_topic&forum=102&topic_id=534154

Posted by seemslikeadream on Thu May-06-04 10:54 AM

But these soldiers aren’t simply mavericks. Some accused claim they acted on the orders of military intelligence and the CIA, and that some of the torture sessions were under the control of mercenaries hired by the US to conduct interrogations. Two “civilian contract” organisations taking part in interrogations at Abu Ghraib are linked to the Bush administration.
California-based Titan Corporation says it is “a leading provider of solutions and services for national security”. Between 2003-04, it gave nearly $40,000 to George W Bush’s Republican Party. Titan supplied translators to the military.
CACI International Inc. describes its aim as helping “America’s intelligence community in the war on terrorism”. Richard Armitage, the current deputy US secretary of state, sat on CACI’s board.
No civilians, however, are facing charges as military law does not apply to them. Colonel Jill Morgenthaler, from CentCom, said that one civilian contractor was accused along with six soldiers of mistreating prisoners. However, it was left to the contractor to “deal with him”. One civilian interrogator told army investigators that he had “unintentionally” broken several tables during interrogations as he was trying to “fear-up” detainees.
Lawyers for some accused say their clients are scapegoats for a rogue prison system, which allowed mercenaries to give orders to serving soldiers. A military report said private contractors were at times supervising the interrogations.
Kimmitt said: “I hope the investigation is including not only the people who committed the crimes, but some of the people who might have encouraged the crimes as well because they certainly share some responsibility.”
Last night, CACI vice-president Jody Brown said: “The company supports the Army’s investigation and acknowledges that CACI personnel in Iraq volunteered to be interviewed by army officials in connection with the investigation. The company has received no indication that any CACI employee was involved in any alleged improper conduct with Iraqi prisoners. Nonetheless, CACI has initiated an independent investigation.”
However, military investigators said: “A CACI investigator’s contract was terminated because he allowed and/or instructed military police officers who were not trained in interrogation techniques to facilitate interrogations which were neither authorised nor in accordance with regulations.”

http://216.239.39.104/search?q=cache:LGgQIc6IKxoJ:southafrica.indymedia.org/print.php%3Fid%3D5900+caci+south+african+mercenaries&hl=en
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gratuitous Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Apr-22-09 10:51 PM
Response to Original message
3. Aw gee whiz you libruls!
You expect a circuit court appeals judge to know every last little law on the books? That's what he's got law clerks for! To look this stuff up for him! "Hmmm. Torture. Legal or illegal? You know, I really can't remember just now. {Buzzes intercom} Bimpkins! Find out if torture is illegal! And if so, is it really illegal, or just sort of illegal?"
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Canuckistanian Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Apr-22-09 10:51 PM
Response to Original message
4. Can you imagine being a defendant in his court these days?
I wouldn't be able to resist screaming, "Who are YOU to judge ME?"

I'd do the time for contempt just to get that satisfaction.
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BlooInBloo Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Apr-22-09 10:52 PM
Response to Reply #4
5. Actually, I wonder if that could be used as grounds for an appeal of any case he presides over.
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robinlynne Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Apr-22-09 11:52 PM
Response to Reply #4
7. That's what I thought the title was referring to.
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hvn_nbr_2 Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Apr-23-09 12:52 AM
Response to Original message
10. I'm waiting for the first time that someone in Bybee's courtroom...
asks for a different judge because he doesn't want to be tried by a war criminal. But I guess that won't happen, since he's on the appeals court and doesn't hear original cases. He only hears from lawyers, and no lawyer would say that--they kind of like to keep their licenses.
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