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FBI Coerced Confession Deemed "Classified"

Steve Bergstein is one of several who have blogged about a recent court ruling that reads like most any bestselling crime novel. Apparently, when the court originally posted their decision (complete with backstory) it detailed how a coerced confession was obtained by the FBI from Abdallah Higazy in relation to the 9/11 attacks. The details, however, were later removed and deemed "classified". "As I read the opinion I realized it was a 44 page epic, too long for me to print out. I blogged about the opinion while I read it online and then posted the blog as I ate lunch. Then something strange happened: a few minutes after I posted the blog, the opinion vanished from the Court of Appeals website! [...] The next day, the Court of Appeals reissued the Higazy opinion. With a redaction. The court simply omitted from the revised decision facts about how the FBI agent extracted the false confession from Higazy. For some reason, this information is classified."

92 of 456 comments (clear)

  1. Ha! by LightWing · · Score: 5, Insightful

    If by "classified" they mean mean "stuff that makes us look bad". Gotta love politics and public image. Perhaps Bush taught them a few too many unwholesome lessons of corruption?

    1. Re:Ha! by The+Ultimate+Fartkno · · Score: 3, Insightful

      Considering the job he's doing these days, I think any post lacking the words "retarded," "epic fail," "witheringly stupid," "colossally dishonest," or "amoral, greedy cocksuckers" hardly counts as a "dig."

    2. Re:Ha! by clambake · · Score: 3, Insightful

      If by "classified" they mean mean "stuff that makes us look bad".

      If my "stuff that makes us look bad" you mean "stuff that shows we *are* bad".

    3. Re:Ha! by Nezer · · Score: 3, Insightful

      Perhaps Bush taught them a few too many unwholesome lessons of corruption? The FBI was unwholesomely corrupt long before either Bush became president. Bush might actively promote and allow corruption to happen, but to imply that Bush is responsible for corruption in the FBI is laughable. Bush might be as corrupt (or even more) than Nixon but, if anything, the FBI taught Bush lessons in unwholesome corruption. After all, they have been at it a LOT longer than Bush has!
    4. Re:Ha! by Ravensfire · · Score: 3, Interesting

      Bush?

      Do you REALLY think this just started with Bush? Or just this century?

      All that's happened recently is it's now harder to hide things, and easier to leak anonymously. Politician hiding information they don't like is far, far older.

      Bush didn't teach them shit about corruption - see J. Edgar Hoover.

      -- Ravensfire

      --
      "But we decide which is right, and which is an illusion"
    5. Re:Ha! by LightWing · · Score: 5, Insightful

      Luck of the draw, my friend. Anyway, anyone with more than two firing brain cells should realize Bush has been the worst thing for this country, surpassing even Nixon. And yes this is relevant, since Bush is part of the reason such 'authorities' are able to abuse the privacy of US citizens with little regard to consequences (except where public image itself is concerned). So yes, I have to say that such activities make me more than a little uncomfortable.

    6. Re:Ha! by plague3106 · · Score: 2, Insightful

      Indeed. The FBI was corrupt from day one. Anyone that's done just a bit of digging in historical accounts can tell you that.

    7. Re:Ha! by cHiphead · · Score: 2, Insightful

      You really have to ask is that post Flamebait, or Insightful?

      Cheers.

      --

      This is my sig. There are many like it, but this one is mine.
    8. Re:Ha! by tiny69 · · Score: 3, Informative
      The Executive Order that starts the entire process that determines what can and cannot be classified states:

      Sec. 1.7. Classification Prohibitions and Limitations.

      (a) In no case shall information be classified in order to:

      (1) conceal violations of law, inefficiency, or administrative error;

      (2) prevent embarrassment to a person, organization, or agency;

      http://www.archives.gov/isoo/policy-documents/eo-12958-amendment.html#1.7

      My guess is that some Original Classification Authority (OCA) signed off on a Security Classification Guide that states interrogation techniques used by the FBI are classified.

      --
      Go not unto/. for advice, for you will be told both yea and nay (but have nothing to do with the question)
    9. Re:Ha! by Kjella · · Score: 3, Insightful

      What's creepy is that without this slip-up, they would have gotten away with it.... yeah uh huh, connected to the 9/11 attack, probably something to do with intelligence info which is kept under wraps, classifying a few parts is fine.

      Having read the unredacted opinion, I don't see anything that's even remotely classified information. All I see is an FBI agent making veiled threats against his family and making some bold claims about egyptian security forces which are probably taken out of thin air. And how they force him into one "confession", then making him invent more and more fantastic stories before finally using his changing statements against him. There's a long list of nations covering up their interrogation methods, I just didn't know the US aspired to be one of them.

      --
      Live today, because you never know what tomorrow brings
    10. Re:Ha! by feed_me_cereal · · Score: 4, Interesting

      surpassing even Nixon
      ...waaaaay surpassing Nixon.

      A lot of people like to make this comparison because Nixon often came off as a unilateral dick, he was in many ways. However, he at least was a functional president. Hell, he was more than a functional president; he even had several net positives like repairing relations with China. If I had the chance to go back and magically make it so we had Nixon as president for the last 7 years, I think I would literally jump for joy.
      --
      "Question with boldness even the existence of a god." - Thomas Jefferson
    11. Re:Ha! by the_arrow · · Score: 3, Interesting

      making some bold claims about egyptian security forces which are probably taken out of thin air

      Well, one word from FBI to the Egyptian police, and the family will be taken in for questioning. And by questioning I mean full-body-contact questioning.
      --
      / The Arrow
      "How lovely you are. So lovely in my straightjacket..." - Nny
    12. Re:Ha! by Mr.+Slippery · · Score: 2, Insightful

      that things are only classified to protect the ne'er-do-wells who wish to run roughshod over the Constitution (a wholly unsubstantiated claim, I might add).

      "Only classified to protect ne'er-do-wells"? No, I'm sure that some stuff is classified by people who think they're "protecting the country" or some such. Doesn't mean that giving the government a power to censor information, is a good idea. From MK-ULTRA to Abu Gharab, the evidence is quite clear that the U.S. government can't be trusted to do the right thing when it is not under scrutiny.

      I suppose the feds should allow you and your brigade of freedom loving micro-managers to oversee all of its interactions, all of course for the cause of liberty. And who'd be watching you?

      No, I'm not suggesting that I be allowed to oversee the feds' classification of information. I'm suggesting that the feds shouldn't be permitted to classify information in the first place. (Other than perhaps that relating directly to military maneuvers and deployments during time of declared legitimate war.) There is a good reason that no power to classify information is found in the Constitution. We all - you know, "we the people" - are supposed to oversee the actions of our government, and we can't do that when it hides its actions.

      Does that entail some extra risk from "enemies" learning about us? Yes. Freedom ain't risk-free. But when we can prevent our government from doing stupid and brutal things, we're less likely to make enemies in the first place.

      --
      Tom Swiss | the infamous tms | my blog
      You cannot wash away blood with blood
    13. Re:Ha! by michaelmuffin · · Score: 3, Interesting

      As much as I hate to say it, I agree and would much rather take Nixon over Bush. Nixon was at least clever enough about waging his wars to at least try to keep the domestic population happy. For example, creating the Environmental Protection Agency, creating the Occupational Safety and Health Administration, and that thing he did to fix social security for inflation. Bush doesn't seem to care much for people abroad or at home. Not that I want Bush to be cleverer about waging wars or anything, but you know what I mean.

    14. Re:Ha! by fractoid · · Score: 2, Insightful

      Yeah! Anyway, he's a terrorist, he deserves whatever torture it took to get his confession!

      ...right?

      --
      Rampant carbon sequestration destroyed the Dinosaurs' tropical paradise. I'm here to help repair the damage.
  2. Re:so, what were they? by fizzywhistle · · Score: 5, Informative

    its in the article:

    Higazy alleges that during the polygraph, Templeton told him that he should cooperate, and explained that if Higazy did not cooperate, the FBI would make his brother "live in scrutiny" and would "make sure that Egyptian security gives [his] family hell." Templeton later admitted that he knew how the Egyptian security forces operated: "that they had a security service, that their laws are different than ours, that they are probably allowed to do things in that country where they don't advise people of their rights, they don't - yeah, probably about torture, sure."

    Higazy later said, "I knew that I couldn't prove my innocence, and I knew that my family was in danger." He explained that "[t]he only thing that went through my head was oh, my God, I am screwed and my family's in danger. If I say this device is mine, I'm screwed and my family is going to be safe. If I say this device is not mine, I'm screwed and my family's in danger. And Agent Templeton made it quite clear that cooperate had to mean saying something else other than this device is not mine."

    Higazy explained why he feared for his family:

            The Egyptian government has very little tolerance for anybody who is --they're suspicious of being a terrorist. To give you an idea, Saddam's security force--as they later on were called his henchmen--a lot of them learned their methods and techniques in Egypt; torture, rape, some stuff would be even too sick to . . . . My father is 67. My mother is 61. I have a brother who developed arthritis at 19. He still has it today. When the word 'torture' comes at least for my brother, I mean, all they have to do is really just press on one of these knuckles. I couldn't imagine them doing anything to my sister.

    And Higazy added:

            [L]et's just say a lot of people in Egypt would stay away from a family that they know or they believe or even rumored to have anything to do with terrorists and by the same token, some people who actually could be --might try to get to them and somebody might actually make a connection. I wasn't going to risk that. I wasn't going to risk that, so I thought to myself what could I say that he would believe. What could I say that's convincing? And I said okay.

  3. Secure Your Valuables by Squiffy · · Score: 4, Funny

    I see some confiscations in this blogger's future.

  4. Here are the two opinions. by sed+quid+in+infernos · · Score: 5, Informative

    Here's the unredacted opinion and here's the redacted opinion.

    1. Re:Here are the two opinions. by roystgnr · · Score: 5, Funny

      "Dude, you can't take something off the Internet.. that's like trying to take pee out of a swimming pool." - Joe, NewsRadio

      That's right, folks: you're being protected from the terrorists by people whose understanding of the modern world has yet to surpass that of 1990s sitcom writers.

    2. Re:Here are the two opinions. by Chapter80 · · Score: 4, Insightful

      This is a perfect example of the Streisand effect. Note how much attention gets drawn to the two or three paragraphs (or pages?) that were redacted. Through censorship, something that's not of interest to very many people suddenly becomes much more interesting!

  5. Intentionally allowing the bad guys to go free. by clambake · · Score: 5, Insightful

    Imagine the radio really did belong to a terrorist... By coercing a confession from this guy, the FBI basically would be letting the *actual* terrorist go free and clear. If this doesn't make sense to you, imagine the case of a rapist on the loose. Imagine that every time a woman was raped, the police chose from a hat and arrested and tried a random person. Would that make your wife safer on the streets alone at night? Having a random guy in jail while the real rapist is still out on the hunt? What's more, thinking that the rapist is in jail, she might be MORE inclined to enter into riskier situations.

    This kind of "law enforcement" actually makes us LESS safe than simply doing nothing at all. Is the FBI *really* staffed by living, thinking humans? How could they possibly do this kind of thing and not be incredibly ashamed of themselves!?

  6. If its hot, get it local... by jordandeamattson · · Score: 5, Insightful

    This is a perfect example of why I always, always, always get a local copy of anything I find hot and interesting. Court decisions are also always in PDF. Just download the puppy and hold onto it.

    If it is a web page, and you have the full Acrobat, then use the web capture facility to get a copy of it and store it away.

    The web is wonderful. But it has more opportunities to be "corrected" than the Soviet Union did during the Stalin's purges of the 30s and 40s.

    Yours,

    Jordan

  7. Scary and stupid by JustNiz · · Score: 3, Insightful

    I thought we were meant to be the good guys that don't do this kind of thing. We should do the right thing even if it is harder otherwise what are we fighting for?

    How can you rely on a confession extracted by force anyway? At least I know I'd say/admit to anything to just stop having my fingernails pulled out with pliers or whatever.

    1. Re:Scary and stupid by Crash+Culligan · · Score: 5, Insightful

      JustNiz: I thought we were meant to be the good guys that don't do this kind of thing.

      Ideally, we are. In reality, thinking that we're the good guys is a lot easier and more profitable than living up to the expectation.

      --
      You cannot truly appreciate Dilbert until you read it in the original Klingon.
  8. Can't Have It Two Ways by WED+Fan · · Score: 5, Insightful

    If by "classified" they mean mean "stuff that makes us look bad". Gotta love politics and public image. Perhaps Bush taught them a few too many unwholesome lessons of corruption?

    You know, this story is appalling, for several reasons: 1. Some information gets classified, that probably shouldn't be, and the fact that 2. The horse is out of the barn and shows that data, once posted, is impossible to recall, and then they further heighten interest in it by classifying it and raising a stink about it. Their actions have almost ensured world-wide dissemination.

    What is worse is that their reaction to this will mostly likely make reasonable public access to information, rulings, testimony, almost impossible to get to.

    On a side note, and dealing with my subject line: Guys, you can't have it both ways. Reading /. and listening to Air America, George Bush is either an evil genius able to mastermind these great conspiracies, or, he's dumb as a rock. How about not inserting him into the situation at all. It would serve not to marginalize the discussion and keep blame where it needs to be, the beureaucrats that make these decisions.

    --
    Politics is the art of looking for trouble, finding it everywhere, diagnosing it incorrectly and applying the wrong fix.
    1. Re:Can't Have It Two Ways by Surt · · Score: 3, Insightful

      The most commonly held opinion is that bush is seriously corrupt and of below average intelligence. He's not a complete idiot, and he does know how to manipulate people.

      Cheney, on the other hand, is widely well regarded as an evil mastermind. An absolute genius of our generation. Unfortunately, he seems to be bent on destroying american democracy.

      --
      "Who is the Journal of Quantum Physics going to believe?" --Stephen Hawking
    2. Re:Can't Have It Two Ways by MikeBabcock · · Score: 4, Informative
      Another post details a couple links:

      Here's the unredacted opinion and here's the redacted opinion.
      --
      - Michael T. Babcock (Yes, I blog)
    3. Re:Can't Have It Two Ways by neo · · Score: 4, Insightful

      Guys, you can't have it both ways. Reading /. and listening to Air America, George Bush is either an evil genius able to mastermind these great conspiracies, or, he's dumb as a rock.

      Ah, you've fallen into his trap.

      You see while GW is pretty much incapable of mustering the intelligence of the average 9th grader he does excel at one aspect of business and politics. He delegates extremely well. Not only that, but when the person he delegates something to messes up, he takes the blame and protects his people, thus insulating his delegation from public scrutiny.

      In every situation, he makes no decisions. He brings in an expert to do that. You want evil genius? Hired. But if said evil genius is not there speaking into his ear, when you talk to GW you get the ninth grader.

      I hope that explains it for you, because this is waaaay off topic.

    4. Re:Can't Have It Two Ways by h4rm0ny · · Score: 5, Informative

      Well that was fascinating. Extracted the text from both PDFs and ran diff on the resulting text files. The big thing that was removed seemed to be the following passage. Seems pretty unpleasant.

      Nevertheless, on December 27, Templeton--who up until this point was not involved in the investigation--conducted a polygraph examination of Higazy. Templeton began the test by asking Higazy background questions on subjects such as Higazy's scholarship, homeland, family in Egypt, brother in upstate New York, and girlfriend. He also asked Higazy whether he had anything to do with the attacks of September 11, 2001. The first round of testing allegedly suggested that Higazy's answers to the questions relating to the September 11 attacks were deceptive. As the second series of questioning was ending, Higazy requested that Templeton stop. He testified that he began "feeling intense pain in my arm. I remember hearing my heartbeat in my head and I just couldn't breathe. I said, 'Sir, sir, please, stop. It hurts. Please stop. Please take it off.'" Templeton unhooked the polygraph, and according to Higazy, called Higazy a baby and told him that a nine-year-old could tolerate this pain. Templeton left the room to get Higazy water, and upon his return, Higazy asked whether anybody else had ever suffered physical pain during the polygraph, to which Templeton replied: "[i]t never happened to anyone who told the truth."

      Higazy alleges that during the polygraph, Templeton told him that he should cooperate, and explained that if Higazy did not cooperate, the FBI would make his brother "live in scrutiny" and would "make sure that Egyptian security gives [his] family hell." Templeton later admitted that he knew how the Egyptian security forces operated: "that they had a security service, that their laws are different than ours, that they are probably allowed to do things in that country where they don't advise people of their rights, they don't - yeah, probably about torture, sure."

      Higazy later said, "I knew that I couldn't prove my innocence, and I knew that my family was in danger." He explained that "[t]he only thing that went through my head was oh, my God, I am screwed and my family's in danger. If I say this device is mine, I'm screwed and my family is going to be safe. If I say this device is not mine, I'm screwed and my family's in danger. And Agent Templeton made it quite clear that cooperate had to mean saying something else other than this device is not mine."
      Higazy explained why he feared for his family:

      The Egyptian government has very little tolerance for anybody who is --they're suspicious of being a terrorist. To give you an idea, Saddam's security force--as they later on were called his henchmen--a lot of them learned their methods and techniques in Egypt; torture, rape, some stuff would be even too sick to . . . . My father is 67. My mother is 61. I have a brother who developed arthritis at 19. He still has it today. When the word 'torture' comes at least for my brother, I mean, all they have to do is really just press on one of these knuckles. I couldn't imagine them doing anything to my sister.
      And Higazy added:

      [L]et's just say a lot of people in Egypt would stay away from a family that they know or they believe or even rumored to have anything to do with terrorists and by the same token, some people who actually could be --might try to get to them and somebody might actually make a connection. I wasn't going to risk that. I wasn't going to risk that, so I thought to myself what could I say that he would believe. What could I say that's convincing? And I said okay.

      There are other changes in there, though much smaller. I haven't gone through it exhaustively. The above seemed to be the big thing. Threats against the suspects family...

      The only other thing that leapt out at me from a brief skim was the comment that they didn't believe a polygraph would be useful because "if he was a member of Al Quaeda, he could pass it." I find that comment fascinating, too.
      --

      Aide-toi, le Ciel t'aidera - Jeanne D'Arc.
    5. Re:Can't Have It Two Ways by Boronx · · Score: 4, Interesting

      Cheney, on the other hand, is widely well regarded as an evil mastermind.

      A completely undeserved reputation. His big plan in '91, for example, was to parachute the 82nd Airborne behind Iraqi lines, capture an Iraqi city and hold for ransom. Schwartzkopf, sane human that he was, didn't think much of it and said so, but Cheney kept insisting on it for weeks.

      Bush may be garden variety dumb, but Cheney is truly demented.

    6. Re:Can't Have It Two Ways by flonker · · Score: 2, Insightful

      Bush Jr. is smart, damn smart. You have to be smart to become President. But he lets his morality get in the way of his intelligence. He makes stupid morality based decisions, such as "let's finish that Iraq thing" because it feels good, never thinking that Iraq didn't do anything just yet, and by attacking Iraq now, we lose our moral high ground. His actions all make sense in a way, if you think along the lines of "we can do nothing wrong, our actions are justified." In short, he's smart, very smart, just simple-minded and morally stupid. He has a very clear vision of what is wrong, and anything done to combat that wrong is right. He truly believes he is doing the right thing. And, of course, his morality can easily be swayed by lobbyists' arguments pointing out one side to an issue.

      That's how I see it anyway.

    7. Re:Can't Have It Two Ways by tom's+a-cold · · Score: 4, Insightful

      [...] he does excel at one aspect of business and politics. He delegates extremely well.
      Bush also has the political instincts of a demagogue. He's adept at shifting the blame and taking credit when he can. It appears that his "excellence at delegation" is largely because he's intellectually lazy: there have been many inside accounts that depict him as being disengaged from the details of what's going on. Whether that's because he just lacks the intellect to grasp the details, or lacks the motivation, is irrelevant, since the result is the same either way. Real excellence at delegation includes being able to control the parameters of what has been delegated. Neglecting to maintain effective oversight and policy control is not delegation, it's shirking responsibility. The two themes of the Bush administration have been to assert unlimited authority, and to avoid even the most cursory accountability. It's the operating model of a tinpot dictatorship.

      --
      Get your teeth into a small slice: the cake of liberty
    8. Re:Can't Have It Two Ways by jfengel · · Score: 2, Interesting

      "[i]t never happened to anyone who told the truth." That's very odd. A polygraph cuff is just helping to take your blood pressure, and it doesn't hurt. If you set it to the point of pain it wouldn't do any good.

      It's not like the thing responds to perceived lies with more pressure, or that the reactions it's measuring are painful. That would completely throw off what little good the polygraph is actually able to do.

      So I have no idea why the guy would say that, unless he's not operating the polygraph properly and has no conception of how it's supposed to be used.

      Or perhaps he's just trying to throw a scare into the guy. The thing can be set to the point of pain, especially if you put it on wrong with something digging in. I suppose the guy could be threatening to turn it up to 11, which really would hurt a lot, but that would certainly be deliberate torture.
    9. Re:Can't Have It Two Ways by Anonymous Coward · · Score: 2, Insightful

      Perhaps it is a rigged device, adapted to cause pain and/or perhaps with fast metabolising neuro-toxin (like a nicotine patch) on the "cuff". Together with a script designed to take you back to your home life..safety comfort love identity -- then -- tough questions, jeopardy, sudden pain, nausea, and the subject is offered an escape - trauma induced dissonance. The subject enters an altered state and begins to use survival reasoning. This report was classified because it contains technical details of some of the softer, but apparently effective methods used to, how shall I say, prop up the farce, that is the war on terror. Final thought; Why not try OBL in in absentia? Survival reasoning means he owns you. Think about it.
      damn right this post's anonymous!

    10. Re:Can't Have It Two Ways by pjrc · · Score: 2, Insightful
      By classifying it they add (many) hurdles to using it as evidence in any type of trial or litigation

      Isn't the appeal court decision to send the case (previous dismissed on summary judgment) back to court for trial?

      Not the case of Higazy being accused of criminal activity... that was dismissed long ago. THIS case is him suing the FBI agent and others for violating his constitutional rights. Maybe you missed that?

      The only portion redacted is Higazy's claim of how the polygraph questioning went, accusing Templeton of making threats against his family. The appeals court decision specifically mentions more fact finding is needed, and remands the case back to the lower court. At least to my untrained (IANAL) eye, that sure seems like the opposite of a hurdle going to trial or litigation!

      Have we made enough of an utter farce of our court system (and country) yet?

      Probably not in this case.

      Clearly the hotel staff made an error, insisting the radio was found in Higazy's room, when in fact it months later it became clear it belonged to a pilot staying in another room nearby. After this came to light, the hotel staff admitted a number of errors in handling the "evidence", only afterward of course.

      Higazy sued, and the hotel settled. Though we aren't privy to the details of the settlement, it's pretty safe to assume Higazy got some form of restitution with which he was satisfied. To me, that looks like the opposite of the court system being an utter farce.

      When Higazy was first detained, he had been staying in a corner room right next to where the planes struck the world trade center, and to the FBI's best knowledge, a radio which certainly could have been used as a beacon was reportedly found in his room. The FBI has no reason to suspect the information about who owned the radio was false. Neither did the judge, who still issued an opinion that the government's case was very weak, and scheduled another hearing. Given the circumstantial evidence, it's hard to imagine how the court or FBI should have handled anything differently up to that point.

      About the only thing that really is an utter farce would be the "lie detector". Templeton is accused of coercing Higazy by threatening his family. This has not been proven, and even from the redacted text, it seems nobody else was present and it's Higazy's word against Templeton's. Initially Higazy lost the case at summary judgment, but now the appeals court has ruled that at least part of that case needs more proceedings.

      The court opinions are also quite critical of the government for obtaining a false confession. Much of the appeals court decision is about who is responsible... if their misconduct is ultimately to be blamed for Higazy being improperly detained, or if someone else along the chain is responsible. It's a lengthy read, and it's clear the court is concerned.

      You are quite right though, this whole thing IS appalling.

      I must respectfully disagree.

      Certainly the FBI obtaining a false confession is appalling, especially since Templeton is likely to get away with it (by whatever means he actually used).

      The hotel's mishandling of the radio is also pretty bad. They have paid the price for their mistakes. The court system made that possible.

      Redacting the Higazy's specific account of the session is questionable. However, it is still clear the FBI obtained a false confession. The accusation that coercion of the threat against Higazy's family is still quite clear. The court system is allowing Higazy to pursue this further.

      Otherwise, the court system seems to have worked quite well. Given the circumstances, the court decided to hold him and schedule another hearing. At the next hearing, the FBI presented a confession and conflicting stories, and did not disclose any coercive measures. Given the evidence provided, how else should the court have acted? Wouldn't it be an "utter farse" to release a man who was in

    11. Re:Can't Have It Two Ways by Kongming · · Score: 2, Funny

      Also known as the first classic blunder, which is "Never start a land war in Asia!"

      --
      (no sig)
    12. Re:Can't Have It Two Ways by loucura! · · Score: 2, Funny

      Hold that thought, I have a drinking contest with a Sicilian in a couple minutes. I'll be back to follow that train of thought when we're done.

      --
      Black and grey are both shades of white.
  9. Confession - the Mother of Evidence by mi · · Score: 4, Insightful

    This is why a confession should never be trusted on its own — without other evidence. Nor is it really trusted on its own by the courts in free countries, such as ours — as evidenced by this very case.

    They may have coerced an admission from him, that it was his device, but without details on where he got it, and how he used it, that admission is quite worthless even if he were scared for his family's life enough to not backpaddle from the addmission in court... I'm quite proud, that he was not sufficiently scared, though...

    And, finally, we only know the details of the coercion from one side. The FBI agent, according to the article, merely "did not contest" the fact of coercion. That's not an admission of guilt by any measure...

    --
    In Soviet Washington the swamp drains you.
    1. Re:Confession - the Mother of Evidence by schwaang · · Score: 3, Interesting

      This kind of thing is why the California Commission on the Fair Administration of Justice made recommendations to reduce wrongful convictions including:
      - mandatory recording of confessions made while in custody of law enforcement
      - corroboration of jailhouse informant testimony
      - standards for eyewitness identification procedures

      The Commission is made up of law enforcement, prosecutors and defense attorneys. Their recommendations were embodied in three California Senate bills (SB511, SB609, SB756) and were passed by the Senate.

      Governor Schwarzenneger vetoed all three bills. About the bill requiring the recording of confessions he said: "This bill would place unnecessary restrictions on police investigators."

    2. Re:Confession - the Mother of Evidence by ScrewMaster · · Score: 3, Insightful

      Governor Schwarzenneger vetoed all three bills. About the bill requiring the recording of confessions he said: "This bill would place unnecessary restrictions on police investigators."

      And maybe it would have. But you know what? If we, as a society, truly believe that it is better for a guilty man to go free than to imprison an innocent one, maybe that's the price we have to pay.

      --
      The higher the technology, the sharper that two-edged sword.
  10. Re:Even-handed coverage... by clambake · · Score: 3, Insightful

    So when is this guy gonna start blogging about what happens to American soldiers captured alive by Islamists?

    I think what you meant to ask was, "When is the U.S. government going to start classifying and redacting stories of what happens to American soldiers caught alive by Islamists?"

  11. Re:Even-handed coverage... by clodney · · Score: 4, Insightful

    And why would you say that is relevant? We can't control what happens to soldiers once they are captured. We do control what happens to people we capture, and the laws are fairly explicit and used to be viewed as quite clear cut.

    The fact that American soldiers can be tortured or killed is not sufficient cause to threaten to torture and kill the families of terrorism *suspects*.

    And of course in this case, the FBI had to admit that this guy was innocent all along.

    Or perhaps you think that the people who do torture or kill our soldiers will see how we are mistreating our own prisoners and be moved to change their behavior?

  12. In Defense of Bush (sorta) by tjstork · · Score: 5, Insightful

    For all of the bashing the left does about Bush, what is more telling is that Bush didn't really create the modern government that is capable of doing this. Everyone has had a hand in this. A police state machine is a police state machine, all the time, not just when a "good guy" is driving it. Stop attacking Bush, and start looking at the machine!

    Had there been no secretive FBI, no secretive CIA, no emphasis on the Federal power from the get go, none of this could have happened. Everyone looks at Bush / Cheney as if he were the mastermind of some vast conspiracy, when the practical matter is that we have had almost 75 years of a massive federal government on a wartime footing, just waiting for the next enemy to arrive. These agents don't need orders to torture people or to kill perceived enemies. They have been waiting to do this their whole lives. They need orders NOT TO, and they really need to be not employed at all.

    Instead, what the left wing is arguing for is a banana republic type of government - rule by personality, when instead, the best lesson to learn is that the government is the problem, and the solution to ensure our freedom is to deconstruct the government from the get go. If we could only put the "good guy" in charge of the police state, everything will be ok. Except that, we will still have a police state.

    Look at the facts. What Democrats opposed passage of the full 9/11 commission recommendations - essentially turn the USA into a police state. What Democrat has offered to repeal USA PATRIOT? What Democrat has volunteered to narrow the scope of CIA and FBI? There will be more Federal terror, not less, before this unfortunate behavior winds its course. We have to learn to discipline ourselves as voters - that, every time we panic and ask our government to protect us - we are really just empowering a bunch of thugs to enslave us.

    --
    This is my sig.
    1. Re:In Defense of Bush (sorta) by zappepcs · · Score: 5, Insightful

      For all of the bashing the left does about Bush, what is more telling is that Bush didn't really create the modern government that is capable of doing this. Everyone has had a hand in this. A police state machine is a police state machine, all the time, not just when a "good guy" is driving it. Stop attacking Bush, and start looking at the machine! I'm not from the left, and I think Bush has earned a damned big boat load of bashing. What previous politicians left undone, Bush found ways to break the law and complete.

      The machine is not broken, the Constitution remains to this day a framework that is viable, and valid. It is the men in government that torture its meanings, and pervert the rule of law. So, YES, Bush does need bashing, impeached, and a couple of other things. It is directly under his rule that a 'war' was invented, the war on terror, so that he could press the powers of wartime to further oppress the American public. I do not post AC, and I urge anyone that is disturbed by the way things have been going in American politics and government lately to stand and be counted. There is but one candidate for 2008 that dares utter the word Constitution, never mind abide by it.

      You sir, you shall not defend Bush, for doing so is to say it's okay what he has done, and what has been done to My rights in his name. I say it is NOT right. I protest, both what he has done and what you are NOW doing to my rights by being passive and accepting and nearly forgiving him. The captain sinks with the ship, and if you think Bush deserves to slip away in a life raft, you are very mistaken.
    2. Re:In Defense of Bush (sorta) by Anonymous Coward · · Score: 3, Insightful

      You apparently haven't been around very long - during the clinton years I received daily rants from conservatives about Janet Reno's jack-booted thugs, etc. Much of the (often incorrect) info came from Rush Limbaugh and other mouthpieces on the far right.

      Now where is all this outrage? Where did all those concerned with reigning in federal government go? The answer is apparently, that they really don't mind a federal government that strong-arms its population - they merely mind if it isn't being used to forward their social agenda.

      As far as this being a problem of the left - look one step further: if the population hadn't rewarded the republicans for their war on everyone in two elections, and if the population hadn't been cowed into silence when the "patriot" faction demanded that intelligent discourse was treason then we wouldn't have this problem. The administration was aided and abetted by a population that wanted war and revenge and wanted dissenters punished. And it got exactly what it deserved.

    3. Re:In Defense of Bush (sorta) by tjstork · · Score: 2, Interesting

      The machine is not broken, the Constitution remains to this day a framework that is viable, and valid. It is the men in government that torture its meanings, and pervert the rule of law.

      Yes, it is broke. The Constitution is great, but nobody listens to it. It's supposed to be a grant of powers to the government, not an enumeration of rights of the people, so, from the get go, we've lost all of our natural rights without even firing a shot. A number of federal agencies and rules are, essentially, unconstitutional.

      We are on a wartime footing, and have been since World War II. We have either armies, spies or federal agents all working in parts of the world we shouldn't even care to about to fight some enemy that I don't even care about. It seems like, any more, all we do is go around the world, looking to pick fights.

      Enough already. We can be brave enough to choose peace. Note, that I'm not saying -disarm-. But I do think its time to bring our little empire to a close, as, its mere existence is corroding our national soul.

      Besides, I don't think a nation of 300 million gun owners needs to have that much of a government to really protect it. We Americans know how to shoot well enough on our own. Let's get the heck out of NATO and all of these other military alliances, have American troops only on American soil, and start acting like a normal country for a change.

      --
      This is my sig.
    4. Re:In Defense of Bush (sorta) by bersl2 · · Score: 2, Insightful

      I think what the GP is trying to say---and if it's not, it's what I'm saying---is that Bush doesn't matter so much: the broad powers granted to the central government long ago are what have brought us to this point; and if you have your way, and Bush is impeached and removed from office, and whatever can be undone is undone, then what? Problems that pre-existed his presidency are still here, and they are endless in number and variety. Do you honestly believe, with the continuing trend of increasing power exercised by the Federal Government, that this present We the People are likely to elect responsible organs of government?

      I wish I were at home right now and had access to my copy of The Road to Serfdom, because that's what this discussion has compelled me to want to re-read, for this is the form in which American fascism (as opposed to the German fascism discussed therein) will appear; we are not there yet, but unless we elect representatives willing to decrease the powers our government can wield, and unless we change for the better those fundamental aspects of government which the Constitution does not specify, then no matter what action is taken with respect to George W. Bush, the subsequent executives and executive actions are likely to be much worse.

    5. Re:In Defense of Bush (sorta) by MickLinux · · Score: 2, Insightful

      You say the Constitution remains to this day a framework that is viable and valid.
      Name any one of the ten amendments that is not regularly broken.

      Or perhaps you mean that there are checks and balances?

      I might note that most of Bush's appointments, which are supposed to be confirmed by the Senate, are unconfirmed. That's a sign of a dictatorship.

      I might also note that the CIA appeared to capture the US presidency in the Reagan/Carter election, after a disenchantment with Carter for shaking up the CIA. It was the week before the election, when most candidates are off campaigning like crazy, and Carter was running the Iranian hostage rescue mission, and Bush was nowhere to be found, and the mission failed due to mysterious breakdowns that were later explained. (Just as this pdf was mysteriously classified.)

      I contend that it would be a grave mistake to assume that the Constitution is valid. Instead, I suggest that the proper view would be to consider that the government is in power, and that the Constitution will be followed where it is convenient to be followed. But don't risk too much on that supposition.

      As for rebelling against authority, I take the viewpoint that if God lets us be placed under an authority, even a bad one, then rebelling against the authority is also rebelling against God. Better not do it -- better just accept the trials that will come. This is the same viewpoint as Christians who willingly went to Auschwitz, as the price of their Christian faith and (in some cases) dual Jewish heritage, saying "Let us go to suffer for our people."

      Well, the time may soon be coming. Whether it comes from Islamists or from my own authority is not so important.

      St. Malachy named the popes, through Benedict ("The glory of the olive": to understand, the Benedictines are called the Olivine order." After that, he said "In the final persecution of the Holy Roman Church there will reign Petrus Romanus, who will feed his flock amid many tribulations; after which the seven-hilled city will be destroyed and the dreadful Judge will judge the people. The End." "

      Anyhow, I consider that we may well be living in a dictatorship -- but I am not so alarmed at that, as I am alarmed at the fact that we follow every silly false god that presents itself, in mass stampede. To me, the former is just a symptom. The latter is the terrible disease that causes that symptom, and many others.

      --
      Correct Horse Battery Staple: 72 bits of entropy. Enter "Correct H" into google. When it generates the phrase, that's
  13. The reason is obvious... by jc42 · · Score: 3, Interesting

    It reminds me of the Jim Morin cartoon last week. That was about another case of "national security" being used to suppress information that was embarrassing to the government, but the basic idea is the same.

    There's lots of historic evidence now that official secrecy in the US (and all other governments) rarely has anything to do with "national security". The primary reason for secrecy has always been to prevent a government's own citizens from knowing about the inner workings of their own government.

    Suppression of evidence that would exonerate a defendant in a criminal court case is the most egregious sort of misuse of official secrecy, true, and it's routinely used for things much less important than this. Occasionally, it is actually used to prevent a nation's external enemies to learn something embarrassing. But mostly it's just to keep internal enemies (aka "citizens") from learning things that the government doesn't want you or me (or a judge) to know.

    --
    Those who do study history are doomed to stand helplessly by while everyone else repeats it.
  14. Re:Even-handed coverage... by Zeinfeld · · Score: 5, Insightful
    So when is this guy gonna start blogging about what happens to American soldiers captured alive by Islamists?

    That is entirely the point. If you talk to any member of the JAG corps about torture they will tell you that the reason the US did not permit its troops to torture others is that it is the only way that the US could protect its own troops.

    Of course there are always enemies that do not respect the rules of war, that is why the Nurenberg trials were held.

    Te Abu Graihb photographs and more importantly the conspicuous decision not to hold anyone in the chain of command accountable for them has demonstrated that the US does torture. And as a result US servicemen who are captured by Jihadis can expect to be treated as brutally as the Abu Graihb photographs.

    More importantly the US has conceeded the moral case in the war on terror. It is the same mistake made by the British at the start of the IRA terrorist campaign. Internment without trial did nothing to stop the violence and the future leadership of the IRA emerged from the internees. Gerry Adams wrote his famous series of monographs under the name 'Brownie' which developed the Ballot-Bomb strategy.

    As a result many US politicians who should have known better supported the IRA even as they were murdering civilians in the UK. People like Rudy Giuliani were attending IRA fundraisers right up to 9/11. Giuliani even gave Gerry Adams a 'humanitarian award' on behalf of NYC and expressed the hope that he would force Clinton to speak to Adams even without the renunciation of violence that Clinton demanded. A few months later Adams and Co blew up a shopping mall.

    In the days after 9/11 everything changed. It was no longer hip to support the IRA. Rudy attended a NORAID fundraiser immediately after 9/11 but only after the IRA agreed the money would go to the 9/11 victims. After that US funding for NORAID disappeared entirely and the IRA finally accepted the demands that they had long resisted to disarm.

    The reason the IRA had to pack it in was precisely because they had finaly lost the moral case that had been carelessly handed to them in the opening years of the troubles.

    The model that HMG followed in defeating the IRA was to copy the West German authorities strategy for dealling with the Baader-Meinhof gang. The Germans refused to treat the RAF as political prisoners, they were always treated as common criminals.

    --
    Looking for an Information Security student project suggestion?
    Try http://dotcrimeManifesto.com/
  15. From the redacted opinion by PartPricer · · Score: 2, Informative

    From the redacted opinion:

    "This opinion has been redacted because portions of the record are under seal. For the purposes of the summary judgment motion, Templeton did not contest that Higazy's statements were coerced."
  16. Precisly why government secrecy is bad. by WhiteWolf666 · · Score: 3, Insightful

    Government secrecy will *always* be used to hide incompetence and evil.

    There is *no* reason for secrecy within our government. There are *no* reasons for classified material at all. Not any more.

    We live in a unipolar world. We are the "strong". There isn't any more reason for us to play cloak and dagger, all we have to do is sit back, have proper, up-front security measures, utilize common sense public surveillance (i.e. patrol officers in problem areas, surveillance inside airports, monitoring of known "bad guy" websites), and we'll be safe.

    I cannot, for the life of me, imagine why any of the secrecy provisions pushed forth by the Bush administration contribute to our security.

    For that matter, I don't believe that any of the other CIA/FBI "black ops" contribute either. Rendition might make some warhawks in the executive branch feel good, but it is nonsensical that it helps to protect our nation. Better XRAY machines, and locks on cockpit doors protect our nations. Paying our troops more money protects our nation, as would federal marshalls on planes, and a whole bunch of other measures.

    But taking our suspected enemies to Libya and beating the crap out of them? What does that accomplish?

    --
    WhiteWolf666 an exBush supporter. All you new-school,compassionate,save the children Republicans can rot in hell
  17. Re:Even-handed coverage... by Hijacked+Public · · Score: 2, Interesting

    And as a result US servicemen who are captured by Jihadis can expect to be treated as brutally as the Abu Graihb photographs. No.

    Long before those photographs were published many US soldiers expected to be tortured if they were captured. During some of the higher level Marine SERE training that was pretty well drilled into our heads. And if it wasn't, those of us on the ground in Somalia, watching video of our captured brothers, figured it out.

    So no, I don't think the photos were any kind of deciding factor for anyone.
    --
    "Sacrifice for the good of The State" - The State
  18. Google News question by Insightfill · · Score: 4, Interesting

    OK, a search on Google News on "Higazy" when the story broke showed a whole SIX hits, went down to zero for a while, then went back up to one. Any idea what's going on here?

    1. Re:Google News question by EricWright · · Score: 2, Funny

      Either Google News hates you, or /. actually has NEWs.

      "Results 1 - 10 of about 103 for Higazy"

  19. Transcript of removed text by Anonymous Coward · · Score: 3, Informative
    Here is the full transcript of the removed text as of the original statement http://howappealing.law.com/HigazyVsTempleton05-4148-cv_opnWithdrawn.pdf:

    Higazy alleges that during the polygraph, Templeton told him that he should cooperate,
    and explained that if Higazy did not cooperate, the FBI would make his brother "live in scrutiny"
    and would "make sure that Egyptian security gives [his] family hell." Templeton later admitted
    that he knew how the Egyptian security forces operated: "that they had a security service, that
    their laws are different than ours, that they are probably allowed to do things in that country
    where they don't advise people of their rights, they don't - yeah, probably about torture, sure."


    Higazy later said, "I knew that I couldn't prove my innocence, and I knew that my family was in
    danger." He explained that "[t]he only thing that went through my head was oh, my God, I am
    screwed and my family's in danger. If I say this device is mine, I'm screwed and my family is
    going to be safe. If I say this device is not mine, I'm screwed and my family's in danger. And
    Agent Templeton made it quite clear that cooperate had to mean saying something else other than
    this device is not mine."


    Higazy explained why he feared for his family:
    The Egyptian government has very little tolerance for anybody who is --they're
    suspicious of being a terrorist. To give you an idea, Saddam's security force--as they
    later on were called his henchmen--a lot of them learned their methods and techniques in
    Egypt; torture, rape, some stuff would be even too sick to . . . . My father is 67. My
    mother is 61. I have a brother who developed arthritis at 19. He still has it today. When
    the word 'torture' comes at least for my brother, I mean, all they have to do is really just
    press on one of these knuckles. I couldn't imagine them doing anything to my sister.


    And Higazy added:
    [L]et's just say a lot of people in Egypt would stay away from a family that they know or
    they believe or even rumored to have anything to do with terrorists and by the same
    token, some people who actually could be --might try to get to them and somebody
    might actually make a connection. I wasn't going to risk that. I wasn't going to risk that,
    so I thought to myself what could I say that he would believe. What could I say that's
    convincing? And I said okay.

  20. Redacted part by InvisblePinkUnicorn · · Score: 4, Informative

    Here is the redacted part:

    Higazy alleges that during the polygraph, Templeton told him that he should cooperate, and explained that if Higazy did not cooperate, the FBI would make his brother "live in scrutiny" and would "make sure that Egyptian security gives [his] family hell." Templeton later admitted that he knew how the Egyptian security forces operated: "that they had a security service, that their laws are different than ours, that they are probably allowed to do things in that country where they don't advise people of their rights, they don't - yeah, probably about torture, sure."

    Higazy later said, "I knew that I couldn't prove my innocence, and I knew that my family was in danger." He explained that "[t]he only thing that went through my head was oh, my God, I am screwed and my family's in danger. If I say this device is mine, I'm screwed and my family is going to be safe. If I say this device is not mine, I'm screwed and my family's in danger. And Agent Templeton made it quite clear that cooperate had to mean saying something else other than this device is not mine."

    Higazy explained why he feared for his family:

    "The Egyptian government has very little tolerance for anybody who is --they're suspicious of being a terrorist. To give you an idea, Saddam's security force--as they later on were called his henchmen--a lot of them learned their methods and techniques in Egypt; torture, rape, some stuff would be even too sick to . . . . My father is 67. My mother is 61. I have a brother who developed arthritis at 19. He still has it today. When the word 'torture' comes at least for my brother, I mean, all they have to do is really just press on one of these knuckles. I couldn't imagine them doing anything to my sister."

    And Higazy added:

    "[L]et's just say a lot of people in Egypt would stay away from a family that they know or they believe or even rumored to have anything to do with terrorists and by the same token, some people who actually could be --might try to get to them and somebody might actually make a connection. I wasn't going to risk that. I wasn't going to risk that, so I thought to myself what could I say that he would believe. What could I say that's convincing? And I said okay."

  21. Re:Even-handed coverage... by Anonymous Coward · · Score: 2, Interesting

    This blog highlights the effects that our executive branch is having on our Right to confront our own government's behavior.

    It is important because it shows a concerted effort to keep secret the systematic and despicable actions of people in our agencies, who act on our behalf, using ineffectual techniques that have yielded injustice. No good comes from protecting incompetence.

    If you want to obfuscate or redirect the conversation... too bad!

  22. Re:Even-handed coverage... by jythie · · Score: 5, Insightful

    Ah, the "other people do bad things, so our government should be able to do whatever it likes!' argument.

    Even if it isn't as bad as what the Islamics do, I don't think that the US government holding that behavior up as something to do it'self is a good thing. We are supposed to be FIGHTING this behavior, not emulating it.

  23. For those who have had no counter-terrorism exp by WillAffleckUW · · Score: 5, Informative

    You probably don't realize that not only does torture not work, it actually gives you incredibly bad information.

    The suggestion by a poster that they "give him warm milk and cookies" is actually one of many proven methods of interrogation.

    Interrogation - the act of questioning. One has a number of people interact with the subject, and one or more of those people takes "the side" of the person being interrogated, bonding with them on many levels.

    This works very very often.

    It is far more effective, gives highly reliable results, and if cross-referenced, will yield even more results.

    In short: Torture does not work. Interrogation - not involving torture - does work.

    We'd be far better off spending 1/1000th as much as we waste on military ops against terrorists and hiring trained police interrogators (not torturers) and detectives who understand the social and cultural background of the terrorists.

    Mind you, a few nukes in Saudi Arabia would solve the whole problem, since Iraq has nothing to do with 9-11. FYI, Pakistan is not our ally, no matter what they tell you.

    --
    -- Tigger warning: This post may contain tiggers! --
    1. Re:For those who have had no counter-terrorism exp by stwrtpj · · Score: 2, Funny

      The suggestion by a poster that they "give him warm milk and cookies" is actually one of many proven methods of interrogation.
      And if that doesn't work, it will be followed by the comfy chair.
      --
      Karma: Frotzed (mostly due to the Frobozz Magic Karma Company)
    2. Re:For those who have had no counter-terrorism exp by WillAffleckUW · · Score: 2, Funny

      Never underestimate the power of a comfy chair.

      Especially if you've been standing for 14 hours with metal clips attached to your outstreched arms while your head is covered by a hood.

      --
      -- Tigger warning: This post may contain tiggers! --
    3. Re:For those who have had no counter-terrorism exp by EEDAm · · Score: 2, Insightful
      "Mind you, a few nukes in Saudi Arabia would solve the whole problem, since Iraq has nothing to do with 9-11. FYI, Pakistan is not our ally, no matter what they tell you."

      How the hell did this get to +4 informative? I would have thought you were trolling or being sar-car-stic about the Saudia Arabia comment but then you go and say, factually, correctly, that Iraq had nothing to do with 9-11 (which it didn't) and very simplistically that Pakistan is not our ally(sic). Lets be charitable and suggest you should have emoted to make this clear. Just in case (and I pray to god I've got this wrong) you meant that straight, it would show a breath-taking lack of understanding of the pro-American stance Saudi Arabia the nation takes (and for whom Bin Laden is a massive dissident) and a breath-taking lack of understanding of the same point in Pakistan. Do you think that Bhutto went back for non-democratic reasons or that those 140 people died because the people doing the bombing were not trying to fuck up the democratic imperative? These are complex countries with complex dynamics and the proportion of people in them who represent the extremists are very low.

      'Joking' (great joke - are you here all week?) about dropping a nuke on anyone is just stupid. But you know that right because you were only kidding. Right? Right???!

    4. Re:For those who have had no counter-terrorism exp by WillAffleckUW · · Score: 2, Insightful

      Sadly, I was not kidding.

      Saudi Arabia was - and today is - the source of more than 95 percent of all funding and volunteers for al-Qaeda.

      Pakistan has played us for decades, getting effective pardons for building nuclear bombs and our continual looking the other way as they basically dangle the odd al-Qaeda sacrificial lamb in front of us.

      And, as you well know, Iraq had absolutely nothing to do with 9-11.

      Facts are just that. Facts.

      Torturing people also doesn't work. Another fact.

      Now, I don't wish to digress further - the main question was torture and it's effectiveness in revealing Truth.

      If by Truth you mean, will a tortured person tell you what they think you want to hear? Sure.

      But that will usually not be the truth.

      --
      -- Tigger warning: This post may contain tiggers! --
    5. Re:For those who have had no counter-terrorism exp by sam_handelman · · Score: 3, Interesting

      I disagree that Nukes would solve anything.

        If we pay attention to the legitimate grievances of the local population, and behave ourselves, the local population, who fear and despise the Jihadist movements as a rule, will turn the Jihadists in (those that remain Jihadist in outlook).

        Even a bare minimum regard for the economic well-being of the general population nips these movements in the bud, which is why they are absent in Turkey (which has religious conservatives, but they are not at all the same) and Libya (hardly a paradigm example in other respects) but so prevalent in Algeria and Egypt.

        In fact, in the wake of 9/11, this is what began to happen. The Jihadist movements were on the run and would have been destroyed.

        Except that we invaded Iraq, religitimizing these movements in the eyes of the general population to a significant extent, and saving them from destruction at the hands of their own populations, who are also their primary victims. So while Iraq had nothing to do with 9/11, the invasion of Iraq contributed immensely the possibility that we'll see further attacks.

        As for nuking Saudi Arabia - we'd see a similar effect. The rest of the world would see attacks against the US as legitimate, and they'd unite against us. US-friendly regimes in Turkey, the Balkans and Indonesia would become unviable. It would be an absolute disaster.

        There are two basic things that we could do to reduce the threat of terror, and they would work:
      1) Police work, as you say.
        and
      2) Basic honor and decency.

      --
      The good and new comes from no quarter where it is looked for, and is always something different from what is expected.
    6. Re:For those who have had no counter-terrorism exp by stewwy · · Score: 2, Interesting

      don't confuse facts or morality with international politics, its easy to understand if you think of the world as a giant kindergarten with no morals and people(countries) constantly ganging up on others. trying to join with the bullies(guess who's the biggest bully at the moment) to prevent being picked on, picking the wrong side (Soviet Russia, couple of decades ago, look at the pain her allies went through)and generally behaving like little monsters. You even get the occasional totally insane kid everyone avoids (Pol Pot - Cambodia springs to mind). Depressing but it seems a meme to explain a lot that goes on

  24. They made a good guy hurt by Anonymous Coward · · Score: 2, Insightful

    You do realize that the story is how a GOOD GUY was arrested mistakenly, and had his family threatened with torture and possibly death? And then, to cover up their mistake, they made the whole thing classified. So the FBI used the law to cover up the fact that they acted like jackasses. Or like terrorists.

    Having been in New York on 9/11, I could personally give a shit what happens to Al Quaeda collaborators. Nothing is bad enough for them. Being an American, however, I know that threating the life of an innocent guy (or even a guy we think is guilty) is a major fuck-up on our part. Say it with me- Torture does not elicit useful evidence. Torture makes enemies out of friends. Torture accomplishes the aims of the terrorists.

    You're trollin', it's true, but it can't be said often enough. The FBI fucked up, put American lives in danger. The only way to fix FBI fuckups is to know about them. The more the FBI hides from us, the worse it works, and the better off the bad guys are.

  25. Re:They Should Have by jjohnson · · Score: 4, Informative

    You fucking moron.

    Higazy wasn't a bad guy--he was completely innocent. He had nothing to do with 9/11 or terrorism. The coerced confession wasn't just legally problematic, it actually sent a completely innocent man to jail. If he hadn't been lucky enough for the pilot who owned the radio to show up and say "hey, that's mine", he'd be in jail today.

    The baby Jesus weeps for humanity when slobberers like you open your mouth.

    --
    Anyone who loves or hates any language, platform, or manufacturer, doesn't know what they're talking about.
  26. Re:Even-handed coverage... by Luxemburg · · Score: 5, Insightful

    Of course there are always enemies that do not respect the rules of war, that is why the Nurenberg trials were held.

    The Nuremberg (and Tokyo) trials were examples of victor's justice: allied war crimes and crimes against humanity (the Dresden bombing, the nuclear bombs on Japanese civilian targets, the firebombing of Japanese cities, and so on...) were out of scope. It's quite ok to commit war crimes, as long as you win the war.
  27. Re:Even-handed coverage... by Phanatic1a · · Score: 2, Insightful
    That is entirely the point. If you talk to any member of the JAG corps about torture they will tell you that the reason the US did not permit its troops to torture others is that it is the only way that the US could protect its own troops.

    Um...what?

    Name the last enemy we've fought against that *didn't* torture prisoners.

    No, no, no, before anyone starts blathering about what I'm not saying, I am *not* saying "They tortured ours so we can torture theirs." I'm saying that that idea you expressed right there, that we refrain from torture because it's the "only way" we can protect our own troops, is utter nonsense.

    If our troops got captured in central America, they got tortured. If they got captured in the Gulf War, they got tortured. If they got captured in Vietnam, oh boy did they get tortured. If they got shot down over the Soviet Union, they got tortured. If they got captured in Korea, they got tortured. If they got captured in the Pacific, they got tortured. They occasionally got tortured even by the Germans, and even more typical treatment of American POWs would be considered "torture" today:

    Marion Oltman spent the last eight months of World War II in a Nazi prisoner-of-war camp, and tears still fill his eyes when he recalls those desperate days.

    After working all day to fill craters left from Allied bombing, each prisoner got a boiled potato and a slice of bread with sawdust used as filler. Oltman was given the task of slicing the bread to feed 12 men.


    So, seriously, who are these people out there who think highly enough of our signature on the G.C. to not torture our soldiers? Only the people that we *wouldn't be fighting in the first place*.

    And as a result US servicemen who are captured by Jihadis can expect to be treated as brutally as the Abu Graihb photographs.

    Riiiight. Because US servicement captured by Jihadis would have been treated in full accord with the Geneva convention, were it not for Abu Ghraib. That's why US airmen shot down over Iraq in the first Gulf War were treated humanely, and didn't have the shit beat out of them by Hussein's thugs. That's why Daniel Pearl was treated to tea and cupcakes when he was taken prisoner: he didn't have anything to do with Abu Ghraib.

    Oh, wait...

  28. Re:Even-handed coverage... by glarbl_blarbl · · Score: 5, Insightful

    Dissent is not treason. People like you are the reason open democracies turn into dictatorships. I guess you'd better take advantage of the First Amendment while it still exists, as it looks like it will be going the way of the Fourth quite soon.

    --
    I use friend/foe to signal strong [dis]agreement instead of mod points. What else are f/f good for?
  29. Re:Even-handed coverage... by DeepHurtn! · · Score: 4, Informative

    Soldiers have the responsibility to disobey illegal orders. "Just following orders" is no defense, according to Nuremberg. Those who believe that it is deserve the legal consequences and public scorn their actions merit.

  30. Re:Even-handed coverage... by DeepHurtn! · · Score: 3, Insightful

    If you think that's the worst that has happened by American hands, you're sadly ill informed. People have *died* at Abu Graihb as a result of US torture techniques. There is no serious doubt that physical torture was (and is) regularly practiced.

  31. Re:Even-handed coverage... by LightWing · · Score: 2, Insightful

    If that's partly aimed at me, are you asking why I feel it's relevant to compare Bush to the FBI? Even if little encouragement was needed, do you believe that he's, oh, I don't know, defended the right of the public to know what really goes on? There's a Dune quote that I feel is appropriate for this situation.

    "We witness a passing phase of eternity. Important things happen but some people never notice. Accidents intervene. You are not present at episodes. You depend on reports. And people shutter their minds. What good are reports? History in a news account? Preselected at an editorial conference, digested and excreted by prejudice? Accounts you need seldom come from those who make history. Diaries, memoirs and autobiographies are subjective forms of special pleading. Archives are crammed with such suspect stuff."

    Certainly, it's difficult for 'something corrective' to be done about this. That isn't what I'm suggesting. I was stating my discontent with such phenomena in general. Of course there isn't a whole lot I can do about it, but that doesn't mean I have to pretend to like it. It saddens me to see even part of the nasty things that have come about from the selfishness of those in power. As for me, I'm just another blabbering face in the crowd shouting my opinions as if they really mattered (gotta love ego).

    There were some very good points made regarding the way the FBI already was before Bush became involved and encouraged/empowered them to become even more invasive. I'd quote more Dune/Herbert stuff at you guys but frankly, there's too much that could be applied here (so I won't burden your poor eyes, my comrades).

  32. What fucking retard modded this insightful? by SIIHP · · Score: 2, Insightful

    "There are *no* reasons for classified material at all."

    Really? REALLY?

    So all those troops on location in hot zones that will get massacred just don't matter anymore?

    God, could you be any more wrong...

    --
    I only go to buffets for the unlimited soft serve.
  33. Re:Even-handed coverage... by danaris · · Score: 3, Insightful

    So no, I don't think the photos were any kind of deciding factor for anyone.

    Not for anyone actually involved, no—but they certainly lost us a lot of sympathy (not to mention respect) from the rest of the world where our own people are concerned.

    Dan Aris

    --
    Fun. Free. Online. RPG. BattleMaster.
  34. Not classified, redacted. by arbitraryaardvark · · Score: 4, Informative

    There's no issue here about the info being classified.
    What the story is about is that the court issued an opinion, then withdrew it, and issues a redacted opinion. Probably what happened is that the the court had inadvertently included info that was under seal by the district court.
    One possible explanation for the redaction is to protect the guy's family in Egypt.
    Another, maybe more likely, explanation was to avoid embarrassment to the FBI.
    The story was broken by blogger Howard Bashman of How Appealing, who refused to take down the unredacted version after a call from the court asking him to take it down.
    http://patterico.com/2007/10/21/was-a-passage-omitted-from-a-recent-second-circuit-opinion-for-security-reasons-or-to-cover-up-material-embarrassing-to-the-fbi/
    http://howappealing.law.com/102007.html#029139

    Above post is insightful and informative.

  35. Torture doesn't work. by NeutronCowboy · · Score: 5, Insightful

    And this is the shiny new example of why torture doesn't work. It certainly doesn't work in the Jack Bauer style, where you just need to apply a little more pressure to get the evil guy to give up the detonation codes. And it scares me to death that some people (Slick Willy, I'm looking at you) think that this is the right approach.

    Here's what 24 doesn't tell you: You don't know who you have. If you did, you wouldn't need to interrogate them, because you'd already pretty much know everything about them. Or at the very least, you'd know the broad strokes and just want to fill in the details. However, as demonstrated during the interrogation of Khalid Sheik Mohammed, even when you know who you have and want to get some more details about past operations, torture is misguided. According to congressional hearings on the matter, it is thought that most of his confessions were nothing but attempts to get through the interrogation and protect his family. This is the second thing that 24 doesn't tell you: torture elicits probably results in more disinformation than regular interrogation techniques. Why? Because the interrogators are being told what they want to hear. Combined with the drive to show success, confirmation bias and a whole host of other human failings, this can send investigators on a far more dangerous goose chase than a detainee just telling random stories.

    What really pisses me off is that the US military knew all this and this codified in their interrogation handbook: torture doesn't work, so there's no point in attempting it. But some criminally inept politicians - all without a day of military or covert experience - decided that they knew better and created new rules from scratch. The end result? Nothing but our loss of the moral high ground. Oh, and a whole bunch of information that is most likely wrong.

    Congrats, US leaders: you managed to completely hose one of our main advantages in the "war" on terror. Sadly, the next crop (Hillary or Guliani, most likely) will be just as bad. Why? Because the majority of the voters buy into the 24 approach to terror. Which means we get the leaders we deserve.

    --
    Those who can, do. Those who can't, sue.
    1. Re:Torture doesn't work. by HiThere · · Score: 2, Interesting

      Congrats, US leaders: you managed to completely hose one of our main advantages in the "war" on terror. Sadly, the next crop (Hillary or Guliani, most likely) will be just as bad. Why? Because the majority of the voters buy into the 24 approach to terror. Which means we get the leaders we deserve.

      No, they'll be just as bad because of the systematic structure of the US electorial system. It's a system where if you don't vote for the most popular candidate, you vote is worthless, so you need to guess which of the two bastard promulgated as the top two is least offensive...or you might just as well not vote.

      I'm getting closer and closer to not bothering, since I can't really tell which is worse. I probably will, though, when push comes to shove, take some dramamine & some anti-acid and vote for one or the other of them. But the thought of being told how I've "given them a mandate" may make me vote for a third party. At least that way I'll be able to claim "it's not my fault, I voted for Kodos".

      --

      I think we've pushed this "anyone can grow up to be president" thing too far.
  36. Human Rights Court by mdsolar · · Score: 2, Insightful

    Perhaps the issue is that what happened violates the American Declaration of the Rights and Duties Man: http://www1.umn.edu/humanrts/oasinstr/zoas2dec.htm

    "Every person has the right to the protection of the law against abusive attacks upon his honor, his reputation, and his private and family life."

    And the American Convention on Human Rights: http://www1.umn.edu/humanrts/oasinstr/zoas3con.htm

    "Every person has the right to be compensated in accordance with the law in the event he has been sentenced by a final judgment through a miscarriage of justice."

    And thus might come under the jursidiction of the Inter-American Court of Human Rights.

  37. Re:Even-handed coverage... by Karem+Lore · · Score: 2, Insightful

    From wikipedia:

    The United States assumed territorial control over Guantánamo Bay under the 1903 Cuban-American Treaty, which granted the United States a perpetual lease of the area.

    1903...before Vietnam, before Gulf...hell, before WWII.

    Don't fool yourself into thinking the US is any better than any other country. The only difference I see is that while middle eastern countries rely on old (and babaric) techniques of torture, the US military has honed its skills to a point of excruciation that you have not even the slightest idea of. Ask a woman, she might know, at least for a few hours...now extend that for months and years and you just scratch the surface of the mental and physical abuse that is performed and the hands of US military personnel in the name of Justice. Until Guantánamo Bay is well and truly closed never to be populated by an American "justice fighter" I will consider America as the top most contravening Geneva convention and humans rights abusers this planet has ever seen. The mere fact that a US person ignores the perils of such a place is tantamount to assistance. I will take no lectures, thoughts or beliefs or even believe in the American dream or future until such a shameful place no longer exists.

    Going of topic now...stop here if you want to...

    Americans should, and are, rightfully ashamed of their current president, I know I am of my prime ministers of the last countless years.
    In fact the whole world security is just a shameful mess right now. Iran building nukes, US building more nukes and a Star Wars programme. UK building more nuke filled submarines, Russia building nukes and starting to fly reconnaissance flights again. Middle east in absolute turmoil, China in crisis, India in an almost nuclear deal of the centure (we build nukes but do not sign the non-disclosure). Oil and Gas running out, companies dragging their heals on alternatives, free speech being impeded. Oh God, I am gonna stop before I want to kill myself.

    A whole mess...all because the UN has become a joke and dialog is no longer considered useful.

    end of off-topic, end of rant.

    --
    When all is said and done, nothing changes...
  38. Re:Even-handed coverage... by Impy+the+Impiuos+Imp · · Score: 3, Insightful

    So let's see, a middle-Eastern guy happens to be in a New York hotel room on 9/11, and it happens to be a room that some legitimate pilot happened to leave a transponder that could communicate with planes?

    Ok, so far so good.

    Then comes 9/11 and they find this thing and someone wants to question him.

    So far so good.

    They threaten his family with bad stuff, nudge nudge, wink wink, unless he confesses.

    It's later broken up as the real pilot tells about the transponder.

    So far so good.

    Guy goes to sue, and has the right to.

    So far so good.

    Government claims the suit cannot go foreward because the details are classified due to national security.

    Distasteful in the extreme, but so far so good, as (true) national security should outweigh a lawsuit.

    So far so good. ...but it turns out that's a big, fat lie as there is no real reason it should be classified.

    Whew! I'm glad they don't do that in the US. What the hell country was this?

    --
    (-1: Post disagrees with my already-settled worldview) is not a valid mod option.
  39. (un)secret US torture prisons by SethJohnson · · Score: 4, Interesting


    Templeton later admitted that he knew how the Egyptian security forces operated: "that they had a security service, that their laws are different than ours, that they are probably allowed to do things in that country where they don't advise people of their rights, they don't - yeah, probably about torture, sure."

    Don't let this pawn distract you. The US perceives Egypt as rank amateurs in their torture methodology. America's secret prison rendition system sends lower-ranking captives to Egypt for torturing, while using the CIA-operated secret prisons for higher-level suspects.

    From the Washington Post:

    "A second tier -- which these sources believe includes more than 70 detainees -- is a group considered less important, with less direct involvement in terrorism and having limited intelligence value. These prisoners, some of whom were originally taken to black sites, are delivered to intelligence services in Egypt, Jordan, Morocco, Afghanistan and other countries, a process sometimes known as "rendition." While the first-tier black sites are run by CIA officers, the jails in these countries are operated by the host nations, with CIA financial assistance and, sometimes, direction."


    Ten years ago, we used to talk about the existence of Black Helicopters and people would laugh at these conspiracy theories. Now people wonder why we're making such a big deal about them.

    Seth
  40. Re:Even-handed coverage... by wordsnyc · · Score: 3, Insightful

    Traitor? Uh, no, that would be the little turd who ripped the guts out of the constitution and started a war to make his friends rich. Hey, I hear he's starting another. We'll be expecting you to enlist this time.

    --
    Sent from the iPad I found in your car.
  41. I'd disagree by CHESTER+COPPERPOT · · Score: 2, Interesting

    You got that story direct from Schwartzkopfs biography right? Talk about bias. Ever read much about John Boyd? The American military strategist? Boyd gave Cheney private presentations of his Patterns of Conflict and other briefings. In Boyds biography by Robert Coram there is a quote by one of Boyds acolytes that states Cheney was one of the most knowledgeable civilians outside military circles when it came to warfare. I've also read 'kopfs biography. He was talking about Cheneys office giving ideas to throw about in the mix, particularly ideas that were unconventional to mix with conventional military minds that were working on the plans. If anything it was a divergent thinking process, rather than convergent. It might have been shut down because it was stupid, but it was part of a process of thinking. Schwartzkopf was taking the planning out of context. The story doesn't show Cheney is dumb, but that Schwartzkopf doesn't understand the different between a divergent and convergent thinking process. I also find it laughable that'd you quote Schwartzkopf as a critic of Cheney. Schwartzkopf also wanted to get rid the brilliant "hail mary" plan in desert storm, that Cheney's office devised. Schwartzkopf wanted to just attack kuwait head on which would have meant a bloodbath for American troops. Sane indeed.

  42. Re:Even-handed coverage... by Zeinfeld · · Score: 3, Insightful
    Please tell me you're kidding. Pissing on a holy book and wearing a leash while naked are not in the same league as having your head sawed off with a knife. Shees

    In that culture it is worse.

    Killing a person might begin a blood feud with their relatives. But pissing on the Koran is starting a feud with a whole religion.

    Debating normative ethics with people who fly airplanes into buildings is pointless. But understanding the basis on which they form ethical judgements is essential if you are going to defeat them.

    --
    Looking for an Information Security student project suggestion?
    Try http://dotcrimeManifesto.com/
  43. Re:Even-handed coverage... by megaditto · · Score: 2, Informative

    Name the last enemy we've fought against that *didn't* torture [military detainees]

    Russia. Cuba. Iran.

    Do you recall those British sailors captured and released by Iran about a year ago? They did show their faces on TV (which is illegal) but I don't recall anybody being tortured there either.

    --
    Obama likes poor people so much, he wants to make more of them.
  44. Re:Even-handed coverage... by GaryPatterson · · Score: 2, Informative

    You're missing the point though. Why torture someone? If it's to get a confession at all costs, then you're likely to let the real perpetrators of actions like Sep-11 get away scot free because you're focusing on some bozo who puts his hand up mostly because he doesn't want his family tortured. Shouldn't the focus be on finding the guilty instead of manufacturing them through forced confessions?

    Torture is a hopeless means of extracting intelligence, and anything gained must be checked and verified independantly, which raises the question of why bother with the torture if you have to get the information through another, more trustworthy means anyway.

    Lastly, the justification that "they do it to us" isn't good enough to throw away your nation's proud history of upholding rights and setting the benchmark for the rest of the world.

    I look forward to seeing the USA as an ally and friend again, instead of the worrying nation it has become.

  45. Re:Even-handed coverage... by jamstar7 · · Score: 2, Informative
    Lt Rusty Calley followed an order given to him at My Lai by Captain Medina.

    Medina was never prosecuted. Neither were the members of the chain of command that gave Medina the order to give to Calley.

    --
    Understanding the scope of the problem is the first step on the path to true panic.
  46. Re:Even-handed coverage... by Zeinfeld · · Score: 2, Interesting
    Long before those photographs were published many US soldiers expected to be tortured if they were captured. During some of the higher level Marine SERE training that was pretty well drilled into our heads.

    I am aware of that, the Abu Graihb photographs look pretty much like the SAS course Resistance to Interrogation (R2I).

    The point I was making however is that before the photographs that was pretty much the worst that captured servicemen could expect. Now it is the best.

    Its even worse than that as the whole point of R2I is that everyone talks and what they say is complete garbage.

    --
    Looking for an Information Security student project suggestion?
    Try http://dotcrimeManifesto.com/
  47. 24, Gunsmoke, and torture by misanthrope101 · · Score: 5, Insightful
    Kristol et al are fascinated with 24, as their mentor Leo Strauss was fascinated with the TV western Gunsmoke. They think in this mode, where we're the good guys and the good guys have complete moral clarity. The thing about 24 and Gunsmoke is that they are fictional television programs. That seemingly obvious fact, and its implications, eludes many.

    Yes, you can have perfect moral clarity and know there is a ticking time bomb when you're part of a TV audience that saw the bad guy setting the bomb, but in reality you don't get to see the bomb--people are being tortured to see if there is a bomb, to see if this guy knows a guy who knows if there's a bomb, and so on...reality lacks the perfect god-like clarity that the neocons think they have.

    When you're dealing with someone who thinks that they have this moral clarity that only exists in fictional scenarios, you're dealing with someone very stupid, very arrogant, with a power fetish, or any combination of the three. Opposition to torture is grounded not just in the idea that torture is wrong, but in the recognition that we're fallible, our knowledge is limited, and basically that people can't be trusted with that level of power. This grounding humility is what is lacking in the neocons. They may be humble in other ways, praying to God and so forth, but they believe so strongly in their own vision that they feel that normal morality doesn't apply.

    This isn't strictly confined to the neocons--some leftists have tortured for the Marxist/Stalinist/whatever cause, no doubt, but they are long gone. The neocons may not have a monopoly on hubris, but they're the problem we're dealing with today.

  48. Re:Even-handed coverage... by Plutonite · · Score: 2, Insightful

    Actually, both the "west" and the "east" modded you into oblivion because they think those soldiers were worse than scum, and not only did they destroy any credibility we had in the war and strengthened the support for radicals, they pretty much proved the enemy's point for them. It is your point of view that is disgusting and anomalous, not everybody else's. And yes, sexual torture methods are used to "defeat" the subjects' ego utterly leading to emotional breakdown and -the torturer hopes- hopelessness (hence ease of deriving info). People can get past an electric shock session and beatings pretty easily..this is far, far more difficult to get over. I guess if you don't realize that by yourself then neither I nor the moderators nor the whole world can get you to understand. Suffice to say that the soldiers who did this would not defend themselves as you defend do. Rhetoric like yours is what gives al-qaeda the upper hand, your voiced opinion is all they need.