Bush: Waterboarding Is A "Lawful Technique"

Frank Luntz-isms live on in the Bush White House.

From today’s Presidential Radio Address:

Where do we start?

So our Dear Ruler has vetoed H.R. 2082, the “Intelligence Authorization Act for Fiscal Year 2008”.

The basic why is in his statement above. But he specifically objects to:

SEC. 327. LIMITATION ON INTERROGATION TECHNIQUES.
(a) LIMITATION.—No individual in the custody or under the effective control of an element of the intelligence community or instrumentality thereof, regardless of nationality or physical location, shall be subject to any treatment or technique of interrogation not authorized by the United States Army Field Manual on Human Intelligence Collector Operations.
(b) INSTRUMENTALITY DEFINED.—In this section, the term ‘‘instrumentality’’, with respect to an element of the intelligence community, means a contractor or subcontractor at any tier of the element of the intelligence community.

Oh, the horror! - We can’t waterboard anymore!

But even more worrisome to Bush just might be this section:

SEC. 326. REPORT ON COMPLIANCE WITH THE DETAINEE TREATMENT ACT OF 2005 AND RELATED PROVISIONS OF THE MILITARY COMMISSIONS ACT OF 2006.
(a) REPORT REQUIRED.—Not later than 45 days after the date of the enactment of this Act, the Director of National Intelligence shall submit to the congressional intelligence committees a comprehensive report on all measures taken by the Office of the Director of National Intelligence and by each element, if any, of the intelligence community with relevant responsibilities to comply with the provisions of the Detainee Treatment Act of 2005 (title X of division A of Public Law 109–148; 119 Stat. 2739) and related provisions of the Military Commissions Act of 2006 (Public Law 109–366; 120 Stat. 2600).
(b) ELEMENTS.—The report required by subsection (a) shall include the following:
(1) A description of the detention or interrogation methods, if any, that have been determined to comply with section 1003 of the Detainee Treatment Act of 2005 (119 Stat. 2739; 42 U.S.C. 2000dd) and section 6 of the Military Commissions Act of 2006 (120 Stat. 2632; 18 U.S.C. 2441 note) (including the amendments made by such section 6), and, with respect to each such method—
(A) an identification of the official making such determination; and
(B) a statement of the basis for such determination.
(2) A description of the detention or interrogation methods, if any, whose use has been discontinued pursuant to the Detainee Treatment Act of 2005 or the Military Commission Act of 2006, and, with respect to each such method—
(A) an identification of the official making the determination to discontinue such method; and
(B) a statement of the basis for such determination.
(3) A description of any actions that have been taken to implement section 1004 of the Detainee Treatment Act of 2005 (119 Stat. 2740; 42 U.S.C. 2000dd–1), and, with respect to each such action—
(A) an identification of the official taking such action; and
(B) a statement of the basis for such action.
(4) Any other matters that the Director considers necessary to fully and currently inform the congressional intelligence committees about the implementation of the Detainee Treatment Act of 2005 and related provisions of the Military Commissions Act of 2006.
(5) An appendix containing—
(A) all guidelines for the application of the Detainee Treatment Act of 2005 and related provisions of the Military Commissions Act of 2006 to the detention or interrogation activities, if any, of any element of the intelligence community; and
(B) the legal justifications of any office of the Department of Justice about the meaning or application of the H. R. 2082—26 Detainee Treatment Act of 2005 or related provisions of the Military Commissions Act of 2006 with respect to the detention or interrogation activities, if any, of any element of the intelligence community.

And please don’t forget who voted against this legislation before it was vetoed:

None other than Republican presidential candidate, Senator John McCain.

So much for being tough on torture.

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Why is George Bush Protecting al Qaeda Terrorists?

From Mike Isikoff and Mark Hosenball in Newsweek:

The Canadian government is no longer using evidence gained from CIA interrogations of a top Al Qaeda detainee who was waterboarded.

According to documents obtained by NEWSWEEK, the Canadian Security Intelligence Service (CSIS), the country’s national-security agency, last month quietly withdrew statements by alleged Al Qaeda leader Abu Zubaydah from public papers outlining the case against two alleged terror “sleeper” operatives in Ottawa and Montreal.

-snip-

The Canadian cases involve two men: Mohammed Harkat, an Algerian native living in Ottawa, and Moroccan-born Adil Charkaoui of Montreal. Both were arrested after the September 11 terror attacks and detained without charges on suspicions of links to Al Qaeda. Unable to develop enough evidence to bring criminal charges against either man, the CSIS sought to deport them on grounds that they had both allegedly spent time in Al Qaeda training camps in Afghanistan in the 1990s. (Both men now have been released on bail but remain under government scrutiny).

At least part of the case against the Canadian suspects was derived from the CIA-supplied statements of Zubaydah, the suspected Al Qaeda logistics chief who was arrested in Pakistan in 2002 and became the first high-value detainee subjected to waterboarding.

-snip-

Asked why the statements from Zubaydah had been dropped from the dossiers against Harkat and Charkaoui, Bernard Beckhoff, a spokesman for Canada’s public safety ministry, which oversees CSIS, said he could not comment on developments in either case because they are both still before the courts. But he then added, pointedly: “The CSIS director has stated publicly that torture is morally repugnant and not particularly reliable. CSIS does not knowingly use information which has been obtained through torture.”

Harkat’s lawyer was more forthcoming:

Lawyer Paul Copeland, who represents Harkat, also provided NEWSWEEK with a letter sent to him in January by John Sims, Canada’s deputy Justice minister, in which the government official said he could “confirm that [in Harkat’s case] the Minister of Public Safety and the Minister of Citizenship and Immigration will not rely on information provided by Mr. Zubaida [sic].” Copeland also noted that similar allegations were deleted from an official CSIS report on Adil Charkaoui.

Copeland said the Canadian government’s decision to drop claims about Harkat and Charkaoui that came from the CIA’s interrogations of Abu Zubaydah indicates “the government of Canada, or at least the Canadian Security Intelligence Service, has concluded that everything that came from Abu Zubaydah was obtained by torture or cruel, inhuman or degrading treatment.”

So there you have it. The same George Bush government that identified these two men as dangerous terrorists also undermined the case against them by using torture to obtain information with which to charge them. The remaining evidence is not sufficient for a conviction, and may not be enough to even get them deported.

Could it really be true that the Bush administration is secretly trying to keep al Qaeda in business, supporting America’s enemies in order to prolong and expand war in the Middle East and tyranny at home? No, that can’t be so; if that were the case, Bush would have just let Osama bin Laden and his forces escape when they were surrounded in Tora Bora…oh, wait….

h/t:CathyfromCanada & dave at GallopingBeaver, my intertubular windows into the frozen North.