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Report: Rumsfeld May Be Liable for Torture

A new report by Human Rights Watch finds that Defense Secretary Donald Rumsfeld may be criminially liable for torture of a Guantanamo detainee in late 2002 and early 2003. HRW says Rumsfeld could be prosecuted for his actions.

The report involves the alleged torture of Mohammed al-Quantani, which we reported on in depth here. Time Magazine published the full 83 page log (pdf) of his interrogation. Here are some of the things that reportedly were don to al-Quantani.

In the log, U.S. interrogators describe how they ratcheted up techniques on their captive during 50 days starting in November 2002 to extract a confession - by using sleep deprivation, leaving him strapped to an intravenous drip without bathroom breaks and having him strip naked....A special Guantanamo investigator, Air Force Lt. Gen. Randall Schmidt, subsequently told Congress that al-Qahtani was also forced to wear a woman's bra, dance with a male guard, "perform dog tricks'' and was smeared with fake menstrual blood to lower his self-esteem - techniques the general described as "degrading and abusive'' but not inhumane.

Human Rights Watch reports:

A December 20, 2005 Army Inspector General's report, obtained by Salon.com this week, contains a sworn statement by Lt. Gen. Randall M. Schmidt that implicates Secretary Rumsfeld in the abuse of detainee Mohammad al-Qahtani. Based on an investigation that he carried out in early 2005, which included two interviews with Rumsfeld, Gen. Schmidt describes the defense secretary as being "personally involved" in al-Qahtani's interrogation.

....Gen. Schmidt said that Secretary Rumsfeld was "talking weekly" with Gen. Miller about the al-Qahtani interrogation, and that the secretary of defense was "personally involved in the interrogation of [this] one person." Schmidt's statement indicates that Rumsfeld maintained a high level of knowledge of and supervision over al-Qahtani's treatment. Although Schmidt said that he believed that Rumsfeld did not specifically order the more abusive methods used in the al-Qahtani interrogation, he concluded that Rumsfeld's policies facilitated the abuse.

The Pentagon has acknowledged that al-Qahtani's mistreatment was not unplanned. "Al-Kahtani's interrogation was guided by a very detailed plan, conducted by trained professionals in a controlled environment, and with active supervision and oversight," wrote Jeffrey Gordon, a Pentagon spokesman, in an email to Salon.com. "Nothing was done randomly."

Human Rights Watch is seeking the appointment of a special prosecutor to examine Rumsfeld's knowledge of or acquiesence in the use of torture techniques.

Rumsfeld could be liable under the doctrine of "command responsibility" - the legal principle that holds a superior responsible for crimes committed by his subordinates when he knew or should have known that they were being committed, but fails to take reasonable measures to stop them.

Joanne Mariner, who serves as HRW's Counterterrorism Program director, says:

"The question at this point is not whether Secretary Rumsfeld should resign, it's whether he should be indicted,"

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    Re: Report: Rumsfeld May Be Liable for Torture (none / 0) (#1)
    by Talkleft Visitor on Sat Apr 15, 2006 at 05:06:10 PM EST
    We may have to build a special prison just to hold them all (Scooter, Duke, Jack, Rummy, Karl?, etc. etc.). I know -- we can use the one they built at Guantanamo :)

    Re: Report: Rumsfeld May Be Liable for Torture (none / 0) (#2)
    by orionATL on Sat Apr 15, 2006 at 05:57:33 PM EST
    now this could get interesting. it will take two to five years, but secdef rumsfeld and gen. miller and maybe, even, nat sec advisor condelezza rice, may end up defending themselves against charges of authorizing, or failing to prevent or control, torture. the american military may even have a stake in revealing their complicity, if it were that. no wonder sen. warner gave up on investigating torture at abu grab. still, given his devotion to the military, it seems surprising the good senator backed off that investigation. i wonder what happened to cause him to relent?

    Re: Report: Rumsfeld May Be Liable for Torture (none / 0) (#3)
    by barbarajmay on Sat Apr 15, 2006 at 06:33:17 PM EST
    It will be a sad day in America when we begin holding Nuremberg trials for Rumsfeld, Bush, Cheney, and Condi. But at this point the day is, unfortunately, inevitable. How can we ever redeem ouselves in the eyes of the world without holding the torturer in chief and his minions responsible in a world court? Personally, I'd like to shelve the Saddm trial and get on with the Bush hearings.

    Re: Report: Rumsfeld May Be Liable for Torture (none / 0) (#4)
    by aw on Sat Apr 15, 2006 at 06:46:04 PM EST
    We're going to need a Truth and Reconciliation commission and maybe legislation barring these people from ever "serving" in government again.

    Re: Report: Rumsfeld May Be Liable for Torture (none / 0) (#5)
    by squeaky on Sat Apr 15, 2006 at 10:03:13 PM EST
    A seventh general is asking that he retire.
    ....retired Marine Lt. Gen. Paul K. Van Riper said in an interview yesterday. "I count myself in the same camp."
    think progress

    Re: Report: Rumsfeld May Be Liable for Torture (none / 0) (#6)
    by Talkleft Visitor on Sat Apr 15, 2006 at 11:36:17 PM EST
    A seventh general is asking that he retire.
    Do you think JimakaPPJ will admit I was right when yesterday I bet that this would happen? There will be more, I'm sure.

    Re: Report: Rumsfeld May Be Liable for Torture (none / 0) (#7)
    by Al on Sat Apr 15, 2006 at 11:57:30 PM EST
    Aw:
    We're going to need a Truth and Reconciliation commission
    Yes. This is about much more than a few individuals, it's a ruthless authoritarian movement that will have to be dismantled.

    Re: Report: Rumsfeld May Be Liable for Torture (none / 0) (#8)
    by Edger on Sun Apr 16, 2006 at 06:19:51 AM EST
    Well, John the Baptist after torturing a thief Looks up at his hero the Commander-in-Chief Saying, "Tell me great hero, but please make it brief Is there a hole for me to get sick in?"

    Re: Report: Rumsfeld May Be Liable for Torture (none / 0) (#9)
    by Talkleft Visitor on Sun Apr 16, 2006 at 07:50:04 AM EST
    A special Guantanamo investigator, Air Force Lt. Gen. Randall Schmidt, subsequently told Congress that al-Qahtani was also forced to wear a woman's bra, dance with a male guard, "perform dog tricks'' and was smeared with fake menstrual blood to lower his self-esteem - techniques the general described as "degrading and abusive'' but not inhumane.
    Someone needs to ask the general this: would he want US troops treated this way? That should be the only standard here.

    Re: Report: Rumsfeld May Be Liable for Torture (none / 0) (#10)
    by kdog on Sun Apr 16, 2006 at 08:38:26 AM EST
    Jesus himself could rise from the dead this Easter morning and condemn our criminal leadership live on Fox News, and I don't think it would make any difference to the folks who still support these bastards.

    Re: Report: Rumsfeld May Be Liable for Torture (none / 0) (#11)
    by Edger on Sun Apr 16, 2006 at 08:43:10 AM EST
    Faux would just nail him back on the cross...

    Re: Report: Rumsfeld May Be Liable for Torture (none / 0) (#12)
    by Talkleft Visitor on Sun Apr 16, 2006 at 09:37:37 AM EST
    Rumsfeld May Be Liable for Torture (rolls eyes) Hillary may be liable for the destruction of the planet for driving a car. Sheesh where do these people come up with this stuff?

    Re: Report: Rumsfeld May Be Liable for Torture (none / 0) (#13)
    by Edger on Sun Apr 16, 2006 at 12:29:02 PM EST
    April 15, 2006 --
    Rumsfeld personally involved in homo-erotic prisoner abuse in Guantanamo. Salon.com is reporting that a Dec. 2005 internal US Army Inspector General report leaked to the on-line publication describes how Secretary of Defense Donald Rumsfeld personally monitored by telephone the interrogation of Saudi detainee Mohamed el Qahtani, described as the "20th hijacker," although convicted terrorist Zacarias Moussaoui also has bragging rights for that distinction. Lt. Gen. Randall Schmidt reported to the Inspector General that the abuse "looked like Abu Ghraib." Qahtani was forced to wear women's underwear, perform sex acts in front of a woman, and perform "dog tricks" while wearing a leash. The nudity and "stress position" acts were personally approved by Rumsfeld in Dec. 2002. They were carried out under the orders of sado-masochistic Army Major General Geoffrey Miller, the commander at Guantanamo and the individual who later "Gtmoized" Abu Ghraib. Miller's involvement in the abuse was verified by Schmidt.


    Re: Report: Rumsfeld May Be Liable for Torture (none / 0) (#14)
    by jimakaPPJ on Sun Apr 16, 2006 at 06:39:38 PM EST
    Randy Paul writes:
    Someone needs to ask the general this: would he want US troops treated this way? That should be the only standard here.
    As compared to having their heads sawed off? Yes. Wouldn't you? Cymro - And he should be allowed to. Without benefits, and certainly without the customary retirement promotion.

    Re: Report: Rumsfeld May Be Liable for Torture (none / 0) (#15)
    by Talkleft Visitor on Sun Apr 16, 2006 at 08:07:03 PM EST
    Jim, you obviously hate this Country and everything it stands for. You obviously haven't served in its Military, either. If you had done either one, let alone both, you wouldn't have such distaste for free speech and the truth.

    Re: Report: Rumsfeld May Be Liable for Torture (none / 0) (#16)
    by Dadler on Sun Apr 16, 2006 at 08:07:11 PM EST
    Jim, Randy Paul didn't ask for a false negative. These are our choices, the garbage we engage in here or sawing heads off? Come on. None of our dubious interrogation tactics has proven to do a thing, mostly because I doubt the people in charge of designing these interrogation measures actually know what they're doing, I don't think they have any savvy knowledge of what makes people tick, how to read different individuals, nor how to think out of the box. They have no proof this abuse works, and they ignore proof it is more likely to produce bogus info that conforms to preconceived notions of what interrogators want to hear. We can do better than simply using the immorality of others to justify our own.

    Re: Report: Rumsfeld May Be Liable for Torture (none / 0) (#17)
    by Talkleft Visitor on Sun Apr 16, 2006 at 08:22:48 PM EST
    Posted by Muddy April 16, 2006 10:37 AM
    Rumsfeld May Be Liable for Torture (rolls eyes) Hillary may be liable for the destruction of the planet for driving a car. Sheesh where do these people come up with this stuff?
    Well, let's see. He's the incompetent sec def of an equally incompetent, illegitimate trash administration who lied their butts off to get us into this War and responsible for the policies badly conceived and poorly implemented employed in it and she drives a car. Tough choice. Take this trash back to freeperville, sport. Maybe they buy this crap over there, nobody's buyin' it here.

    Re: Report: Rumsfeld May Be Liable for Torture (none / 0) (#18)
    by Talkleft Visitor on Sun Apr 16, 2006 at 08:28:04 PM EST
    The commander in chief answers while chasing a fly saying death to all those who would whimper and cry and dropping a barbell he points to the sky saying the sun's not yellow it's chicken Mama's in the alley she ain't got no shoes Daddy's in the alley he's lookin' for food I'm in the kitchen with the tombstone blues

    Re: Report: Rumsfeld May Be Liable for Torture (none / 0) (#19)
    by Talkleft Visitor on Sun Apr 16, 2006 at 08:33:49 PM EST
    Posted by Al April 16, 2006 12:57 AM Aw:
    We're going to need a Truth and Reconciliation commission Yes. This is about much more than a few individuals, it's a ruthless authoritarian movement that will have to be dismantled.
    Ya know, now that you mention it, Jon Stewart mentioned on TDS that South Africa's Supreme Court had ruled Gay Marriage Legal making us officially less progressive than South Africa.

    Re: Report: Rumsfeld May Be Liable for Torture (none / 0) (#20)
    by jondee on Sun Apr 16, 2006 at 08:47:36 PM EST
    Dylan supposedly said to Bloomfield: "And dont play any of that B.B King sh*t..." I'd like to give brother Bill his great thrill; I'd set him in chains at the top of a hill and send out for some pillars and Cecil B. DeMille. He could die happily ever after..

    Re: Report: Rumsfeld May Be Liable for Torture (none / 0) (#21)
    by jen on Mon Apr 17, 2006 at 05:28:03 AM EST
    uh.. JimPPJ just a little nitpick here: our troops are torturing to get information. sawing someone's head off is not exactly torturing for information, given that the person is not very forthcoming afterwards, yes? apples and oranges

    Re: Report: Rumsfeld May Be Liable for Torture (none / 0) (#22)
    by Talkleft Visitor on Mon Apr 17, 2006 at 06:32:39 AM EST
    Jen, don't confuse PPJ with the facts, you'll only get an angry and bitter response about how you want the terrorists to win.

    Re: Report: Rumsfeld May Be Liable for Torture (none / 0) (#23)
    by jimakaPPJ on Mon Apr 17, 2006 at 06:41:03 AM EST
    Jen - Let me understand. The choice is wearing panties on the head or having the head sawed off. And you quibble? Wow. See Jen, it doesn't matter why, it matters what. Dark Avenger - Sorry if the above also confuses you. Can't make it any simpler.

    Re: Report: Rumsfeld May Be Liable for Torture (none / 0) (#24)
    by jimakaPPJ on Mon Apr 17, 2006 at 06:42:53 AM EST
    Jen - Let me understand. The choice is wearing panties on the head or having the head sawed off. And you quibble? Wow. See Jen, it doesn't matter why, it matters what. Dark Avenger - Sorry if the above also confuses you. Can't make it any simpler.

    Re: Report: Rumsfeld May Be Liable for Torture (none / 0) (#25)
    by Talkleft Visitor on Mon Apr 17, 2006 at 07:03:27 AM EST
    Dark Avenger - Sorry if the above also confuses you. Can't make it any simpler. PPJ, you didn't have to tell me twice and waste JM's bandwidth, and I'm not the one who is confused here, but nice try.

    Re: Report: Rumsfeld May Be Liable for Torture (none / 0) (#26)
    by Sailor on Mon Apr 17, 2006 at 07:05:45 AM EST
    well at least ppj has finally admitted he's pro torture.

    Re: Report: Rumsfeld May Be Liable for Torture (none / 0) (#27)
    by Talkleft Visitor on Mon Apr 17, 2006 at 07:23:07 AM EST
    Posted by JimakaPPJ April 17, 2006 07:42 AM
    Jen - Let me understand. The choice is wearing panties on the head or having the head sawed off.
    No, Jim. Those aren't the choices at all. The choice is acting like Americans are supposed to act or acting like bush leaguers. What they do is irrelevant.

    Re: Report: Rumsfeld May Be Liable for Torture (none / 0) (#28)
    by jen on Mon Apr 17, 2006 at 08:32:48 AM EST
    Jim my friend by apples I mean torture by oranges I mean murder they *are* different and you know it

    Re: Report: Rumsfeld May Be Liable for Torture (none / 0) (#29)
    by jondee on Mon Apr 17, 2006 at 08:41:02 AM EST
    Jim, Hannity, and Rush are a little overly fixated on that "panties on the head" scenario for my taste.

    Re: Report: Rumsfeld May Be Liable for Torture (none / 0) (#30)
    by Talkleft Visitor on Mon Apr 17, 2006 at 09:13:10 AM EST
    Wow, in Jim's world, the only options for captured enemies are decapitation or torture. Guess those Geneva Conventions really are "quaint". Really, Jimaka's argument boils down to the third grade reasoning of "I know I am, so what are you?"

    Re: Report: Rumsfeld May Be Liable for Torture (none / 0) (#31)
    by Talkleft Visitor on Tue Apr 18, 2006 at 07:31:23 AM EST
    Perhaps one of the reason this won't make news headlines is because this isn't the first time allegations have been made that high-level members of the U.S. civilian and military chain-of-command have been involved in abuse and ill-treatment.