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Guilt By Torture: Binyam Mohamed’s Quest for Justice

Tim Holmes — Mon, 10 Nov 2008 08:55:43 +0000

The case of Binyam Mohamed just gets weirder and weirder. For the last six months, the British resident and Guantánamo prisoner, who was seized in Pakistan in April 2002, has been engaged in a transatlantic struggle to secure evidence relating to his “extraordinary rendition” and torture, by or on behalf of the CIA, which involved his disappearance from July 2002 until his arrival at the US prison at Bagram airbase in Afghanistan in May 2004. Since September 2004, Mohamed has been held at Guantánamo, and in conversation with his lawyers has explained that he was sent to Morocco, where he was tortured for 18 months, and then spent another four months in the CIA’s “Dark Prison” near Kabul.

In June, a judicial review was triggered after the Treasury Solicitors turned down a request from Mohamed’s lawyers to release documents in the British government’s possession regarding his illegal detention in Pakistan and his subsequent disappearance. The lawyers pointed out that Mohamed was about to be put forward for a trial by Military Commission at Guantánamo (the system of “terror trials” conceived by the US administration in November 2001, and derided by Lord Steyn as a “kangaroo court”), and stated that the information was essential to his defence for two reasons: firstly, because the US government had refused to provide any information whatsoever about his whereabouts from July 2002 to May 2004; and secondly, because Mohamed claimed that the charges against him — primarily in connection with an alleged plot to detonate a radioactive “dirty bomb” in a US city — had been extracted, during this period, through the use of torture.

The judicial review took place in July, and Lord Justice Thomas and Mr. Justice Lloyd Jones were clearly appalled by the behavior of the British intelligence services. When they delivered a judgment at the end of August, they criticized the intelligence services for sending agents to interrogate Mohamed in May 2002, while he was being held illegally in Pakistan, and also for providing and receiving intelligence about him from July 2002 until February 2003, when they knew that he was being held incommunicado, and should not have been involved without receiving cast-iron assurances about his welfare. In the judgment, they stated explicitly that, “by seeking to interview BM [Mohamed] in the circumstances found and supplying information and questions for his interviews, the relationship between the United Kingdom Government and the United States authorities went far beyond that of a bystander or witness to the alleged wrongdoing.”

The judges also seized on an admission, made on behalf of the Foreign Secretary, David Miliband, that Mohamed had “established an arguable case” that, until his transfer to Guantánamo, “he was subject to cruel, inhuman and degrading treatment by or on behalf of the United States,” and was also “subject to torture during such detention by or on behalf of the United States,” and ruled that, because the information obtained from Mohamed was “sought to be used as a confession in a trial where the charges … are very serious and may carry the death penalty,” and that it is “a long-standing principle of the common law that confessions obtained by torture or cruel, inhuman or degrading treatment cannot be used as evidence in any trial,” the British government was required to hand over the evidence — 42 documents in total — to his lawyers.

This was a remarkable result, but celebrations on the part of Mohamed’s lawyers and human rights groups were soon muted when the government responded to the only lifeline extended by the judges — that national security concerns might override the necessity for disclosure — by filing a Public Interest Immunity certificate which stated, in so many words, that the need to preserve the “special relationship” between the American and British intelligence services trumped the right of a man rendered to torture by one country — and with the complicity, to some extent at least, of the other — to have access to evidence that might help in his defence.

While this led to a temporary stalemate in the UK, Mohamed’s case then came up before a District Court judge in the United States, as part of a number of long-delayed habeas corpus claims, based on the 800-year old English law preventing arbitrary imprisonment. These had first been filed after the US Supreme Court granted the prisoners statutory habeas rights in June 2004, but had been blocked after Congress passed new laws in 2005 and 2006, and it was not until June this year, when the Supreme Court ruled again on the prisoners’ rights and granted them constitutional habeas corpus rights, that the cases were allowed to proceed.

As part of Mohamed’s habeas review, the American government was finally required to make the 42 documents provided by the British government available to his lawyers, but when the day of disclosure arrived, the Justice Department released only seven of the 42 documents — apparently so heavily redacted as to be useless — and then dropped the “dirty bomb” plot claim without explanation.

This was announced on October 15, and six days later Mohamed’s proposed trial by Military Commission was also dropped, although for different reasons. His prosecutor, Lt. Col. Darrel Vandeveld, had resigned in September, complaining noisily that he had gone from being a “true believer to someone who felt truly deceived” by the trials, when he discovered that evidence vital to the defence had been deliberately withheld. The Pentagon was clearly terrified that he would make further disturbing revelations in Mohamed’s case, and the cases of four other men whose trials were also abandoned, although, bizarrely, Mohamed’s military lawyer, Col. Yvonne Bradley, was told that the charges would be reinstated within 30 days.

The reverberations from these developments soon spread back across the Atlantic. After another High Court hearing, the British judges delivered a judgment on October 23 in which, while still begrudgingly respecting the government’s security claims in Mohamed’s case, they were more openly critical of the US government’s behavior than they had been in August, when observers were required to read carefully between the lines.

Noting that the court “could see no rational basis for the refusal by the US government to provide the documents” to Mohamed’s lawyers, and adding that, after being given “ample time” to provide them, no explanation had been provided by the US government for its refusal to comply with an agreement reached between the High Court and the US administration, Lord Justice Thomas again refused to order disclosure, observing that “challenges made to the conduct of the United States Government and the legality of its actions should, save in the most exceptional circumstances, be determined by the judiciary of the United States,” and trusting that Judge Emmet Sullivan, the judge in Mohamed’s habeas case, was better placed to make a decision at the next habeas meeting on October 30.

However, he made it clear that, if a satisfactory conclusion was not forthcoming, the High Court would reconvene to order disclosure, and, after noting that the court regarded as significant the submission by Dinah Rose QC, one of Mohamed’s lawyers, that the US government “is deliberately seeking to avoid disclosure of the 42 documents,” he concluded, ominously, by stating, “We must record that we have found the events set out in this judgment deeply disturbing. This matter must be brought to a just conclusion as soon as possible, given the delays and unexplained changes of course which have taken place on the part of the United States Government.”

What was also noticeable, to those who were studying the case closely, was that the judges were barely able to conceal their regard for the significance of the 42 secret documents, which they had been able to scrutinize over the summer during an extraordinarily detailed cross-examination of one of the agents who had visited Mohamed while he was under US supervision in a Pakistani jail in May 2002.

The judges noted that it was the information contained in the 42 documents that persuaded them that disclosure to Mohamed’s lawyers was “essential” if Mohamed was to have his case “fairly considered” by the Susan Crawford, the “Convening Authority” overseeing the Guantánamo trials. They pointed out that they had only been able to make public some of their reasons for making this ruling — with the rest contained in a 33-page closed judgment — but that these at least made clear the “critical point” that the documents provided “the only support independent of BM in some material particulars for his general account of events that led to his confessions.”

Later in the judgment, Lord Justice Thomas and Mr. Justice Lloyd-Jones revealed more about the information contained in the documents, noting that their closed judgment set out the passages that they considered “relevant to the allegation made by BM that his confessions had been the result of conduct that amounts to torture or cruel, inhuman or degrading treatment.” They added that they “came to the view that the documents were relevant to all the charges made” — not just the “dirty bomb” plot, but other “allegations of participating in the war in Afghanistan and associating with al-Qaeda” — and criticized the US government for only revealing seven of the documents in heavily redacted form.

Explaining that they had “considered with the assistance of counsel in closed session whether the decision to provide only seven can be explained on the basis that only seven documents provide exculpatory evidence that supports BM’s account,” they stated that they were “satisfied that that cannot be so,” and, moreover, that “all the documents need to be read in sequence to see the proper context, and they added, “As the United Kingdom Government has made clear since the time the documents were found and sent to the United States Government in June 2008, all are relevant and potentially exculpatory.”

What happened next came as a shock to everyone, but served to emphasize the significance of the allegations that CIA agents had been involved in the torture of Mohamed, and that the British intelligence services were at least partly complicit. On October 30, it was announced that the British Home Secretary Jacqui Smith had officially asked the Attorney General, Baroness Scotland, to investigate possible “criminal wrongdoing” by MI5 and the CIA in Mohamed’s case. The announcement came on the same day that, in another hearing about Mohamed’s habeas review, the Justice Department finally turned over the remaining 35 documents to his lawyers, in a tense session for the US administration in which Judge Sullivan pointedly “asked why, after more than six years, the government had stepped away from its claims about a dirty bomb plot,” and stated, “That raises a question as to whether or not the allegations were ever true.”

Although Andrew Warden, a Justice Department lawyer, responded to a question from Judge Sullivan as to “whether the government stood behind its assertion of a dirty bomb plot,” by stating, “The short answer is yes,” the long answer is that it has been public knowledge since June 2002 that the plot never even existed. Speaking in June 2002, shortly after Mohamed’s alleged co-conspirator Jose Padilla was seized at a US airport, Paul Wolfowitz, the deputy to US defense secretary Donald Rumsfeld, admitted that “there was not an actual plan” to set off a “dirty bomb” in America, that Padilla had not begun trying to acquire materials, and that intelligence officials had stated that his research had not gone beyond surfing the internet.

It took another three and a half years for the allegations to be dropped against Padilla, who was held as an “enemy combatant” on the US mainland, in isolation so severe that it amounted to torture, before being put tried and convicted on lesser — and largely spurious — charges of providing material support for terrorism, but Andrew Warden’s words show that, six and a half years after Wolfowitz’s admission, the Justice Department and the Pentagon are still furiously engaged in a blinkered denial of reality.

In spite of this, however, the crucial evidence establishing that Mohamed was tortured into making false confessions remains hidden to the public, awaiting either a decision by Judge Sullivan to dismiss his case, leading to his release from Guantánamo (as requested by the British government 15 months ago), or a decision by the Defense Department to reinstate his trial by Military Commission.

Unless, that is, the British judges insist that public disclosure is in the interests of justice. On November 5, in what the Daily Telegraph described as a move that is “believed to be legally unprecedented,” Lord Justice Thomas wrote to the Press Association inviting “written submissions from the media” about whether or not the court should make available a “summary of the circumstances of BM’s detention in Pakistan and the treatment accorded to him,” — consisting of “seven very short paragraphs amounting to about 25 lines” — which had been cut from the High Court’s August ruling at the government’s request.

Lord Justice Thomas noted that “the issue is one of considerable importance in the context of open justice,” referred to the Home Secretary’s decision to ask the Attorney General, Baroness Scotland, to investigate possible “criminal wrongdoing” by MI5 and the CIA in Mohamed’s case, and also drew on advice provided by two Special Advocates, Thomas de la Mare and Martin Goudie, who had represented Mohamed during the court’s closed sessions, when confidential material was being discussed. In September, the judges noted that, in the opinion of the Special Advocates, the government’s Public Interest Immunity Certificate “failed to address, in the light of allegations made by BM, the abhorrence and condemnation accorded to torture and cruel, inhuman or degrading treatment,” and in his request for submissions from the media, Lord Justice Thomas again referred to the Special Advocates’ advice, noting that:

The Special Advocates contended that no claim to public interest immunity could lie [i.e. be allowed] in respect of information which pointed to the commission of serious criminal offences, particularly those contrary to the rule of jus cogens in international law [fundamental principles, including a ban on the use of torture, from which no derogation is ever permitted]. The Defendant [the British government] accepted for the purposes of that argument, and subject to substantial caveats, that there was an arguable case of cruel, inhuman and degrading treatment. Further, given the fluid boundary between cruel, inhuman and degrading treatment and torture, the Defendant did not wish to contend that on the limited information available a concluded view could be reached that there was not torture. Accordingly, the Court considered this issue on the basis that the material arguably disclosed cruel, inhuman and degrading treatment and torture.

Lord Justice Thomas stated that those wishing to make submissions should notify the Court of their intention to do so by no later than Friday November 14, and must provide submissions by Monday December 1. He explained that the parties and the Special Advocates would then be given two weeks to reply to the submissions, and that the Court would then consider its judgment.

Submissions should be made to: Mrs. Jean Curtin, Clerk to Lord Justice Thomas, Royal Courts of Justice, Strand, London WC2 or by email to: jean.curtin@judiciary.gsi.gov.uk.

Andy Worthington is the author of The Guantánamo Files: The Stories of the 774 Detainees in America’s Illegal Prison (published by Pluto Press/the University of Michigan Press).

A UK Window on CIA Abuses

eddie — Fri, 29 Aug 2008 20:48:56 +0000

Britain’s High Court will hold a hearing to assess whether the UK government should be ordered to hand over secret documents to lawyers for a Guantanamo detainee. The detainee in question, Binyam Mohamed, faces possible charges of conspiracy and material support for terrorism before a military commission at Guantanamo.

Mohamed, an Ethiopian national and former UK resident, was arrested in Pakistan in April 2002. Transferred to US custody, he was reportedly rendered by the CIA to Morocco, detained there secretly for over a year, and then moved for several months to a secret CIA detention site in Afghanistan. He then spent a few months in military detention at Bagram air base in Afghanistan, and was ultimately brought to Guantanamo Bay in September 2004.

Mohamed claims that he was brutally tortured during his time in secret detention, and that the evidence that will likely be used to prosecute him is a result of that torture. He also claims that the UK government has information that supports his claims of abuse.

Last week, in an important judgment, the UK High Court ruled in Mohamed’s favor. It found that the British government was under a legal obligation to disclose to Mohamed’s counsel the information it possesses relating to Mohamed’s whereabouts, treatment, and interrogation between April 2002 and May 2004. The court emphasized that this information is “not merely necessary but essential” to Mohamed’s defense against military commission charges.

While the court stopped short of ordering the foreign secretary to hand over the information—allowing additional time for the national security implications of disclosure to be considered—it will reach the mandatory disclosure question at its hearing this week.

From Britain to Pakistan to the Prison of Darkness

Binyam Mohamed came to Britain in 1994, when he was a student, after having spend a short period in the United States. He converted to Islam while in the UK, and in mid-2001 he left the UK for Pakistan and Afghanistan. He claims that he traveled to the region because he wanted to kick a drug habit.

The military commission charges that have been sworn against Mohamed allege that he attended an Al Qaeda training camp in Afghanistan, and later received training in building remote-controlled explosive detention devices in Pakistan. While living at an Al Qaeda safe house in Lahore, Pakistan, the charges say, Mohamed allegedly agreed to be sent to the United States to conduct terror operations.

Mohamed was arrested at the Karachi airport on April 10, 2002, as he attempted to leave Pakistan to fly to London. Although he was initially detained in Karachi, he claims that he was interrogated there by US agents. The UK High Court has also confirmed that a British agent visited Mohamed in Pakistani custody on May 17, 2002.

Mohamed claims that he was rendered by the CIA to Morocco in July 2002. There, he claims, he was beaten, repeatedly cut on his genitals, and threatened with rape, electrocution and death. Interrogators reportedly asked him detailed questions about his seven years in London, based on information that his lawyers believe came from British sources.

In late January 2004, Mohamed says, he was sent to Afghanistan, where he was held in a secret CIA prison—called the “Prison of Darkness”—until May 2004. At that point, he was transferred to military detention, first at Bagram air base in Afghanistan, then at Guantanamo, where he remains.

According to the UK High Court, the military commissions case against Mohamed is based on confessions Mohamed made while in military custody—after May 2004—not on anything he said while being interrogated by the CIA. Mohamed claims, however, that it was the abuse in CIA custody that induced him to confess while in military custody, and so proof of those CIA abuses are crucial to his defense.

Refusal to Disclose

As part of a continuing effort to cover up the CIA’s misdeeds, US officials have refused to provide Mohamed or his lawyers any information whatsoever about his treatment or whereabouts from the time of arrest in April 2002 until he was transferred to Bagram in May 2004. To date, the UK government has similarly refused to provide Mohamed’s lawyers any such information, although it has acknowledged that some documents in its possession might be exculpatory.

In last week’s ruling, the High Court noted that the UK foreign secretary had acknowledged that Mr. Mohamed had established an arguable case that he had been subject to illegal rendition and torture. The court also found that the British security forces had facilitated Mohamed’s interrogations by supplying information and questions to US officials, even while they knew that Mohamed was being held incommunicado in a non-military detention facility overseas.

The court found, in short, that the relationship of the UK government to the US authorities with regard to Mohamed “was far beyond that of a bystander or witness to the alleged wrongdoing.” Because the UK was in some way a participant, not simply an observer, the court held that the UK is legally obligated to provide Mohamed with information relating to his abuse.

Not only did the court deem this information to be “essential” to Mohamed’s ability to adequately defend himself, it emphasized the need for the government to provide the necessary information as soon as is practically possible. The reason for the hurried timing lies in the military commissions’ timetable. At present, military commission charges against Mohamed have been prepared, but the commission’s convening authority has not yet signed off on them. In order to potentially affect the charging decision, Mohamed has a important interest in getting exculpatory information to the convening authority before that decision is made.

The Prospect of Mandatory Disclosure

The UK court decried the fact that the US authorities have failed to provide this potentially exculpatory information to Mohamed’s counsel, particularly since both his counsel are security-cleared. But it recognized, as well, that the United States’ failure is no excuse for Britain’s inaction.

Unless the UK foreign secretary voluntarily provides the relevant documents to Mohamed’s counsel, the High Court will consider ordering disclosure. Such an order, which the court seems presently inclined to grant, would open an important crack in the wall of secrecy that surrounds the CIA’s rendition, detention, and interrogation abuses.

Joanne Mariner is a human rights attorney

British and American Black Ops in Iraq

Ellie Keen — Tue, 08 Jul 2008 00:16:07 +0000

Shining Light on the “Black World”

In January of 2002, the Washington Post ran a story detailing a CIA plan put forward to President Bush shortly after 9/11 by CIA Director George Tenet titled, “Worldwide Attack Matrix,” which was “outlining a clandestine anti-terror campaign in 80 countries around the world. What he was ready to propose represented a striking and risky departure for U.S. policy and would give the CIA the broadest and most lethal authority in its history.” The plan entailed CIA and Special Forces “covert operations across the globe,” and at “the heart of the proposal was a recommendation that the president give the CIA what Tenet labeled “exceptional authorities” to attack and destroy al Qaeda in Afghanistan and the rest of the world.” Tenet cited the need for such authority “to allow the agency to operate without restraint — and he wanted encouragement from the president to take risks.” Among the many authorities recommended was the use of “deadly force.”

Further, “Another proposal was that the CIA increase liaison work with key foreign intelligence services,” as “Using such intelligence services as surrogates could triple or quadruple the CIA’s effectiveness.” The Worldwide Attack Matrix “described covert operations in 80 countries that were either underway or that he was now recommending. The actions ranged from routine propaganda to lethal covert action in preparation for military attacks,” as well as “In some countries, CIA teams would break into facilities to obtain information.”[1]

P2OG: “Commit terror, to incite terror… in order to react to terror”

In 2002, the Pentagon’s Defense Science Board (DSB) conducted a “Summer Study on Special Operations and Joint Forces in Support of Countering Terrorism,” portions of which were leaked to the Federation of American Scientists. According to the document, the “War on Terror” constitutes a “committed, resourceful and globally dispersed adversary with strategic reach,” which will require the US to engage in a “long, at times violent, and borderless war.” As the Asia Times described it, this document lays out a blueprint for the US to “fight fire with fire.” Many of the “proposals appear to push the military into territory that traditionally has been the domain of the CIA, raising questions about whether such missions would be subject to the same legal restraints imposed on CIA activities.” According to the Chairman of the DSB, “The CIA executes the plans but they use Department of Defense assets.”

Specifically, the plan “recommends the creation of a super-Intelligence Support Activity, an organization it dubs the Proactive, Preemptive Operations Group (P2OG), to bring together CIA and military covert action, information warfare, intelligence and cover and deception. For example, the Pentagon and CIA would work together to increase human intelligence (HUMINT) forward/operational presence and to deploy new clandestine technical capabilities.” The purpose of P2OG would be in “‘stimulating reactions’ among terrorists and states possessing weapons of mass destruction, meaning it would prod terrorist cells into action, thus exposing them to ‘quick-response’ attacks by US forces.”[2] In other words, commit terror to incite terror, in order to react to terror.

The Los Angeles Times reported in 2002 that, “The Defense Department is building up an elite secret army with resources stretching across the full spectrum of covert capabilities. New organizations are being created. The missions of existing units are being revised,” and quoted then-Defense Secretary Donald Rumsfeld as saying, “Prevention and preemption are … the only defense against terrorism.”[3] Chris Floyd bluntly described P2OG in CounterPunch, saying, “the United States government is planning to use “cover and deception” and secret military operations to provoke murderous terrorist attacks on innocent people. Let’s say it again: Donald Rumsfeld, Dick Cheney, George W. Bush and the other members of the unelected regime in Washington plan to deliberately foment the murder of innocent people—your family, your friends, your lovers, you—in order to further their geopolitical ambitions.”[4]

“The Troubles” with Iraq

On February 5, 2007, the Telegraph reported that, “Deep inside the heart of the “Green Zone” [in Iraq], the heavily fortified administrative compound in Baghdad, lies one of the most carefully guarded secrets of the war in Iraq. It is a cell from a small and anonymous British Army unit that goes by the deliberately meaningless name of the Joint Support Group (JSG).” The members of the JSG “are trained to turn hardened terrorists into coalition spies using methods developed on the mean streets of Ulster during the Troubles, when the Army managed to infiltrate the IRA at almost every level. Since war broke out in Iraq in 2003, they have been responsible for running dozens of Iraqi double agents.” They have been “[w]orking alongside the Special Air Service [SAS] and the American Delta Force as part of the Baghdad-based counter-terrorist unit known as Task Force Black.”

It was reported that, “During the Troubles [in Northern Ireland], the JSG operated under the cover name of the Force Research Unit (FRU), which between the early 1980s and the late 1990s managed to penetrate the very heart of the IRA. By targeting and then “turning” members of the paramilitary organisation with a variety of “inducements” ranging from blackmail to bribes, the FRU operators developed agents at virtually every command level within the IRA.” Further, “The unit was renamed following the Stevens Inquiry into allegations of collusion between the security forces and protestant paramilitary groups, and, until relatively recently continued to work exclusively in Northern Ireland.”[5]

Considering that this group had been renamed after revelations of collusion with terrorists, perhaps it is important to take a look at what exactly this “collusion” consisted of. The Stevens Inquiry’s report “contains devastating confirmation that intelligence officers of the British police and the military actively helped Protestant guerillas to identify and kill Catholic activists in Northern Ireland during the 1980s.” It was, “a state policy sanctioned at the highest level.” The Inquiry, “highlighted collusion, the willful failure to keep records, the absence of accountability, the withholding of intelligence, and the extreme of agents being involved in murder,” and acknowledged “that innocent people had died because of the collusion.” These particular “charges relate to activities of a British Army intelligence outfit known as the Force Research Unit (FRU) and former Royal Ulster Constabulary (RUC) police officers.”[6]

In 2002, the Sunday Herald reported on the allegations made by a former British intelligence agent, Kevin Fulton, who stated that, “he was told by his military handlers that his collusion with paramilitaries was sanctioned by Margaret Thatcher herself.” Fulton worked for the Force Research Unit (FRU), and had infiltrated the IRA, always while on the pay roll of the military. Fulton tells of how in 1992, he told his FRU and MI5 intelligence handlers that his IRA superior was planning to launch a mortar attack on the police, yet his handlers did nothing and the attack went forward, killing a policewoman. Fulton stated, “I broke the law seven days a week and my handlers knew that. They knew that I was making bombs and giving them to other members of the IRA and they did nothing about it. If everything I touched turned to shit then I would have been dead. The idea was that the only way to beat the enemy was to penetrate the enemy and be the enemy.”[7]

In 1998, Northern Ireland experienced its “worst single terrorist atrocity,” as described by the BBC, in which a car bomb went off, killing 29 people and injuring 300.[8] According to a Sunday Herald piece in 2001, “Security forces didn’t intercept the Real IRA’s Omagh bombing team because one of the terrorists was a British double-agent whose cover would have been blown as an informer if the operation was uncovered.” Kevin Fulton had even “phoned a warning to his RUC handlers 48 hours before the Omagh bombing that the Real IRA was planning an attack and gave details of one of the bombing team and his car registration.” Further, “The man thought to be the agent is a senior member of the [IRA] organization.”[9]

In 2002, it was revealed that, “one of the most feared men inside the Provisional IRA,” John Joe Magee, head of the IRA’s “internal security unit,” commonly known as the IRA’s “torturer- in-chief,” was actually “one of the UK’s most elite soldiers,” who “was trained as a member of Britain’s special forces.” The Sunday Herald stated that, “Magee led the IRA’s internal security unit for more than a decade up to the mid-90s – most of those he investigated were usually executed,” and that, “Magee’s unit was tasked to hunt down, interrogate and execute suspected British agents within the IRA.”[10]

In 2006, the Guardian reported that, “two British agents were central to the bombings of three army border installations in 1990.” The claims included tactics known as the ‘human bomb’, which “involved forcing civilians to drive vehicles laden with explosives into army checkpoints.” This tactic “was the brainchild of British intelligence.”[11]

In 2006, it was also revealed that, “A former British Army mole in the IRA has claimed that MI5 arranged a weapons-buying trip to America in which he obtained detonators, later used by terrorists to murder soldiers and police officers,” and “British intelligence co-operated with the FBI to ensure his trip to New York in the 1990s went ahead without incident so that his cover would not be blown.” Further, “the technology he obtained has been used in Northern Ireland and copied by terrorists in Iraq in roadside bombs that have killed British troops.”[12]

Considering all these revelations of British collusion with IRA terrorists and complicity in terrorist acts in Northern Ireland through the FRU, what evidence is there that these same tactics are not being deployed in Iraq under the renamed Joint Support Group (JSG)? The recruits to the JSG in Iraq are trained extensively and those “who eventually pass the course can expect to be posted to Baghdad, Basra and Afghanistan.”[13]

P2OG in Action

In September of 2003, months after the initial invasion of Iraq in March 2003, Iraq’s most sacred Shiite mosque was blown up, killing between 80 and 120 people, including a popular Shiite cleric, and the event was blamed by Iraqis on the American forces.[14]

On April 20, 2004, American journalist in Iraq, Dahr Jamail, reported in the New Standard that, “The word on the street in Baghdad is that the cessation of suicide car bombings is proof that the CIA was behind them.” Jamail interviewed a doctor who stated that, “The U.S. induces aggression. If you don’t attack me, I will never attack you. The U.S. is stimulating the aggression of the Iraqi people!” This description goes very much in line with the aims outlined in the Pentagon’s P2OG document about “inciting terror,” or “preempting terror attacks.”[15]

Weeks after the initial incident involving the British SAS soldiers in Basra, in October of 2005, it was reported that Americans were “captured in the act of setting off a car bomb in Baghdad,” as, “A number of Iraqis apprehended two Americans disguised in Arab dress as they tried to blow up a booby-trapped car in the middle of a residential area in western Baghdad on Tuesday. … Residents of western Baghdad’s al-Ghazaliyah district [said] the people had apprehended the Americans as they left their Caprice car near a residential neighborhood in al-Ghazaliyah on Tuesday afternoon. Local people found they looked suspicious so they detained the men before they could get away. That was when they discovered that they were Americans and called the … police.” However, “the Iraq police arrived at approximately the same time as allied military forces – and the two men were removed from Iraq custody and whisked away before any questioning could take place.”[16]

It was reported that in May of 2005, an Iraqi man was arrested after witnessing a car bombing that took place in front of his home, as it was said he shot an Iraqi National Guardsman. However, “People from the area claim that the man was taken away not because he shot anyone, but because he knew too much about the bomb. Rumor has it that he saw an American patrol passing through the area and pausing at the bomb site minutes before the explosion. Soon after they drove away, the bomb went off and chaos ensued. He ran out of his house screaming to the neighbors and bystanders that the Americans had either planted the bomb or seen the bomb and done nothing about it. He was promptly taken away.”

Further, another story was reported in the same month that took place in Baghdad when an Iraqi driver had his license and car confiscated at a checkpoint, after which he was instructed “to report to an American military camp near Baghdad airport for interrogation and in order to retrieve his license.” After being questioned for a short while, he was told to drive his car to an Iraqi police station, where his license had been forwarded, and that he should go quickly. “The driver did leave in a hurry, but was soon alarmed with a feeling that his car was driving as if carrying a heavy load, and he also became suspicious of a low flying helicopter that kept hovering overhead, as if trailing him. He stopped the car and inspected it carefully. He found nearly 100 kilograms of explosives hidden in the back seat and along the two back doors. The only feasible explanation for this incident is that the car was indeed booby trapped by the Americans and intended for the al-Khadimiya Shiite district of Baghdad. The helicopter was monitoring his movement and witnessing the anticipated ‘hideous attack by foreign elements.”[17]

On October 4, 2005, it was reported by the Sydney Morning Herald that, “The FBI’s counterterrorism unit has launched a broad investigation of US-based theft rings after discovering some vehicles used in deadly car bombings in Iraq, including attacks that killed US troops and Iraqi civilians, were probably stolen in the United States, according to senior US Government officials.” Further, “The inquiry began after coalition troops raided a Falluja bomb factory last November and found a Texas-registered four-wheel-drive being prepared for a bombing mission. Investigators said there were several other cases where vehicles evidently stolen in the US wound up in Syria or other Middle Eastern countries and ultimately in the hands of Iraqi insurgent groups, including al-Qaeda in Iraq.”[18]

In 2006, the Al-Askariya mosque in the city of Samarra was bombed and destroyed. It was built in 944, was over 1,000 years old, and was one of the most important Shi’ite mosques in the world. The great golden dome that covered it, which was built in 1904, was destroyed in the 2006 bombing, which was set off by men dressed as Iraqi Special Forces.[19] Former 27-year CIA analyst who gave several presidents their daily CIA briefings, Ray McGovern, stated that he “does not rule out Western involvement in this week’s Askariya mosque bombing.” He was quoted as saying, “The main question is Qui Bono? Who benefits from this kind of thing? You don’t have to be very conspiratorial or even paranoid to suggest that there are a whole bunch of likely suspects out there and not only the Sunnis. You know, the British officers were arrested, dressed up in Arab garb, riding around in a car, so this stuff goes on.”[20]

Death Squads for “Freedom”

In January of 2005, Newsweek reported on a Pentagon program termed the “Salvador Option” being discussed to be deployed in Iraq. This strategy “dates back to a still-secret strategy in the Reagan administration’s battle against the leftist guerrilla insurgency in El Salvador in the early 1980s. Then, faced with a losing war against Salvadoran rebels, the U.S. government funded or supported “nationalist” forces that allegedly included so-called death squads directed to hunt down and kill rebel leaders and sympathizers.” Updating the strategy to Iraq, “one Pentagon proposal would send Special Forces teams to advise, support and possibly train Iraqi squads, most likely hand-picked Kurdish Peshmerga fighters and Shiite militiamen, to target Sunni insurgents and their sympathizers, even across the border into Syria, according to military insiders familiar with the discussions.”[21]

The Times reported that, “the Pentagon is considering forming hit squads of Kurdish and Shia fighters to target leaders of the Iraqi insurgency in a strategic shift borrowed from the American struggle against left-wing guerrillas in Central America 20 years ago. Under the so-called ‘El Salvador option’, Iraqi and American forces would be sent to kill or kidnap insurgency leaders.” It further stated, “Hit squads would be controversial and would probably be kept secret,” as “The experience of the so-called “death squads” in Central America remains raw for many even now and helped to sully the image of the United States in the region.” Further, “John Negroponte, the US Ambassador in Baghdad, had a front-row seat at the time as Ambassador to Honduras from 1981-85.”[22]

By June of 2005, mass executions were taking place in Iraq in the six months since January, and, “What is particularly striking is that many of those killings have taken place since the Police Commandos became operationally active and often correspond with areas where they have been deployed.”[23]

In May of 2007, an Iraqi who formerly collaborated with US forces in Iraq for two and a half years stated that, “I was a soldier in the Iraqi army in the war of 1991 and during the withdrawal from Kuwait I decided to seek asylum in Saudi Arabia along with dozens of others like me. That was how began the process whereby I was recruited into the American forces, for there were US military committees that chose a number of Iraqis who were willing to volunteer to join them and be transported to America. I was one of those.” He spoke out about how after the 2003 invasion, he was returned to Iraq to “carry out specific tasks assigned him by the US agencies.” Among those tasks, he was put “in charge of a group of a unit that carried out assassinations in the streets of Baghdad.”

He was quoted as saying, “Our task was to carry out assassinations of individuals. The US occupation army would supply us with their names, pictures, and maps of their daily movements to and from their place of residence and we were supposed to kill the Shi’i, for example, in the al-A’zamiyah, and kill the Sunni in the of ‘Madinat as-Sadr’, and so on.” Further, “Anyone in the unit who made a mistake was killed. Three members of my team were killed by US occupation forces after they failed to assassinate Sunni political figures in Baghdad.” He revealed that this “dirty jobs” unit of Iraqis, Americans and other foreigners, “doesn’t only carry out assassinations, but some of them specialize in planting bombs and car bombs in neighborhoods and markets.”

He elaborated in saying that “operations of planting car bombs and blowing up explosives in markets are carried out in various ways, the best-known and most famous among the US troops is placing a bomb inside cars as they are being searched at checkpoints. Another way is to put bombs in the cars during interrogations. After the desired person is summoned to one of the US bases, a bomb is place in his car and he is asked to drive to a police station or a market for some purpose and there his car blows up.”[24]

Divide and Conquer?

Craig Murray, former British Ambassador to Uzbekistan, wrote in October of 2006, that, “The evidence that the US directly contributed to the creation of the current civil war in Iraq by its own secretive security strategy is compelling. Historically of course this is nothing new – divide and rule is a strategy for colonial powers that has stood the test of time. Indeed, it was used in the previous British occupation of Iraq around 85 years ago. However, maybe in the current scenario the US just over did it a bit, creating an unstoppable momentum that, while stalling the insurgency, has actually led to new problems of control and sustainability for Washington and London.”[25]

NOTES

[1] Bob Woodward and Dan Balz, At Camp David, Advise and Dissent. The Washington Post: January 31, 2002: http://www.washingtonpost.com/wp-dyn/content/article/2006/07/18/AR200607…

[2] David Isenberg, ‘P2OG’ Allows the Pentagon to Fight Dirty. Asia Times Online: November 5, 2002: http://www.atimes.com/atimes/Middle_East/DK05Ak02.html

[3] William M. Arkin, The Secret War. The Los Angeles Times: October 27, 2002: http://web.archive.org/web/20021031092436/http://www.latimes.com/la-op-a…

[4] Chris Floyd, Into the Dark: The Pentagon Plan to Provoke Terrorist Attacks. Counter Punch: November 1, 2002: http://www.counterpunch.org/floyd1101.html

[5] Sean Rayment, Top Secret Army Cell Breaks Terrorists. The Telegraph: February 5, 2007: http://www.telegraph.co.uk/news/uknews/1541542/Top-secret-army-cell-brea…

[6] Michael S. Rose, Britain’s “Dirty War” with the IRA. Catholic World News: July 2003: http://www.cwnews.com/news/viewstory.cfm?recnum=23828

[7] Home Affairs, The army asked me to make bombs for the IRA, told me I had the Prime Minister’s Blessing. The Sunday Herald: June 23, 2002: http://findarticles.com/p/articles/mi_qn4156/is_20020623/ai_n12576952/pg…

[8] BBC, UK: Northern Ireland Bravery awards for bomb helpers. BBC News: November 17, 1999: http://news.bbc.co.uk/2/hi/uk_news/northern_ireland/524462.stm

[9] Neil Mackay, British double-agent was in Real IRA’s Omagh bomb team. The Sunday Herald: August 19, 2001: http://findarticles.com/p/articles/mi_qn4156/is_20010819/ai_n13961517

[10] Neil Mackay, IRA torturer was in the Royal Marines; Top republican terrorist. The Sunday Herald: December 15, 2002: http://findarticles.com/p/articles/mi_qn4156/is_20021215/ai_n12579493

[11] Henry McDonald, UK agents ‘did have role in IRA bomb atrocities’. The Guardian: September 10, 2006: http://www.guardian.co.uk/politics/2006/sep/10/uk.northernireland1

[12] Enda Leahy, MI5 ‘helped IRA buy bomb parts in US’. Sunday Times: March 19, 2006: http://www.timesonline.co.uk/tol/news/uk/article742783.ece

[13] Sean Rayment, Top Secret Army Cell Breaks Terrorists. The Telegraph: February 5, 2007: http://www.telegraph.co.uk/news/uknews/1541542/Top-secret-army-cell-brea…

[14] AP, U.S. Blamed For Mosque Attack. CBS News: September 2, 2003: http://www.cbsnews.com/stories/2003/09/02/iraq/main571279.shtml

[15] Dahr Jamail, Dahr Jamail Blog From Baghdad. The New Standard: April 20, 2004: http://www.countercurrents.org/iraq-jamail200404.htm

[16] FMNN, UNITED STATES CAUGHT IN IRAQ CAR-BOMBING. Free Market News Network: October 14, 2005: http://www.freemarketnews.com/WorldNews.asp?nid=1326

[17] Michael Keefer, Were British Special Forces Soldiers Planting Bombs in Basra? Global Research: September 25, 2005: http://www.globalresearch.ca/index.php?context=viewArticle&code=KEE20050…

[18] Bryan Bender, Cars stolen in US used in suicide attacks. The Sydney Morning Herald: October 4, 2005: http://www.smh.com.au/news/world/cars-stolen-in-us-used-in-suicide-attac…

[19] Sam Knight, Bombing of Shia shrine sparks wave of retaliation. The Times Online: February 22, 2006: http://www.timesonline.co.uk/tol/news/world/iraq/article733559.ece

[20] Prison Planet, Former CIA Analyst: Western Intelligence May Be Behind Mosque Bombing. Prison Planet: February 26, 2006: http://www.prisonplanet.com/articles/february2006/260206mosquebombing.ht…

[21] Michael Hirsh and John Barry, “The Salvador Option”. Newsweek: January 14, 2005: http://www.pagecache.info/pagecache/page13480/cached.html

[22] Roland Watson, El Salvador-style ‘death squads’ to be deployed by US against Iraq militants. The Times Online: January 10, 2005: http://www.timesonline.co.uk/tol/news/world/iraq/article410491.ece

[23] Max Fuller, For Iraq, “The Salvador Option” Becomes Reality. Global Research: June 2, 2005: http://www.globalresearch.ca/articles/FUL506A.html

[24] AMSII, Ordered Assassinations, Sectarian Bomb Attacks Targeting Iraqi Civilians. Association of Muslim Scholars in Iraq: May 12, 2007: http://heyetnet.org/en/content/view/490/27

[25] Craig Murray, Civil War in Iraq: The Salvador Option and US/UK Policy. CraigMurray.org: October 18, 2006: http://www.craigmurray.org.uk/archives/2006/10/civil_war_in_ir.html

Andrew G. Marshall is a frequent contributor to Global Research.

American Comintern: Six decades of covert operations in Britain

tim — Thu, 10 Apr 2008 12:50:28 +0000

Is the Cold War the best guide to how Britain should deal with Islam? That is what Charles Moore (pictured) suggested in a speech to the Centre for Policy Studies last month:

Think of the long debate about how best to deal with trade union militancy and with its relationship to Communist infiltration during the Cold War. It was not, in fact, the Conservatives who first tried to tackle this. It began as a conflict within the Labour movement in which a few brave souls, like Frank Chapple of the Electricians, would not bow to the extremist tactics.

As Moore admits, ‘the analogies between British trade unions and an ancient world religion are inexact, to put it mildly.’ Nevertheless, the anti-communist paradigm is becoming increasingly influential as a template for dealing with Islamist extremism.

Moore’s Policy Exchange colleague Dean Godson wrote in 2006:

During the Cold War, organisations such as the Information Research Department of the Foreign Office would assert the superiority of the West over its totalitarian rivals. And magazines such as Encounter did hand-to-hand combat with Soviet fellow travellers. For any kind of truly moderate Islam to flourish, we need first to recapture our own self-confidence. At the moment, the extremists largely have the field to themselves.

As I have noted previously , the Information Research Department and Encounter were both covert operations, created as part of a wider effort known as the ‘Cultural Cold War.’ The CIA ran Encounter through the Congress for Cultural Freedom, which was secretly funded throughout the 1950s and early 1960s to carry out propaganda among European intellectuals. Some of those involved had carried out similar activities for Moscow in the 1920s and 1930s as agents of the Comintern.

One former Comintern delegate was Jay Lovestone, the one-time head of the American Communist Party and disciple of Nikolai Bukharin. His Communist Party (Opposition) faction of the 1930s became over time an anti-communist network with close links to the US Government.

Jay Lovestone, Irving Brown’s boss, [from] 1955 was run by James Jesus Angleton. Lovestone’s task was to infiltrate European trade unions, weed out dubious elements, and promote the rise of leaders acceptable to Washington. During this period, Lovestone supplied Angleton with voluminous reports on trade union affairs in Britain, compiled with the assistance of his contacts in the TUC and the Labour Party¹.

A key member of the Lovestoneite network in Britain was Dean Godson’s father, the US labour attaché, Joseph Godson. He attempted to ‘weed out’ the founder of the NHS, Aneurin Bevan, while promoting the rival Labour Party faction led by Hugh Gaitskell.

Gaitskell held a series of secret meetings at the Russell Hotel, where he planned the expulsion campaign with Sam Watson, the leader of the Durham miners. Also in attendance was the Labour Attaché at the American Embassy in London, Joe Godson. One of the most important post-war events in the Labour Party’s internal affairs was overseen by an American spook².

The fullest description of Godson’s role is in Hugh Wilford’s ‘Calling the Tune?’, an admirably nuanced account which is often sympathetic to US labour diplomacy:

His Lovestonite style – obsessively anti-communist, hectoring, conspiratorial – in time alienated even his closest allies. For example, Arthur Deakin, that most hardline of Labour anti-communists, entertained misgivings about his involvement in TUC affairs, while Gaitskell himself had similar concerns about his role in the Labour Party³.

Joe Godson retained his interest in British affairs after moving to other diplomatic posts. He helped to found the Labour Committee for Transatlantic Understanding, a little-known organisation that came to the attention of the Guardian in the mid-1980s because it was funded by the National Endowment for Democracy, which had become embroiled in the Iran-Contra scandal.

The committee is the labour section of the British Atlantic Committee, which lobbies for Nato among European trade unionists. It has no connection with the Labour Party but its members include figures from the Labour and trade union rightwing, including Lord Chapple, Mr Roy Mason, and Lord Stewart, former Labour foreign secretary. One of its American vice-presidents, Mr Lane Kirland, is on NED’s board of directors.

Funding of the committee, founded in 1976 by a former US embassy labour attache, Mr Joseph Godson, remained a secret until 1980, when the British government said that Nato had given £32,000 over the previous four years. Mr Godson told the Guardian that he understood the money had come from the American Youth Council. He had complained to the endowment fund for its inaccuracy, but ‘I don’t object to anything which funds a good cause⁴.’

Among those implicated in the Iran-Contra affair was Joe Godson’s elder son. In 1981, Roy Godson was appointed by Elliot Abrams to head the International Youth Year Commission, which came under Congressional investigation in 1987⁵. Although he escaped prosecution, an independent counsel’s report concluded that he had helped Oliver North channel funding to the Contras through the Heritage Foundation.
Roy Godson went onto become a leading figure in the academic study of intelligence, with a particular expertise in propaganda, disinformation, covert action and counterintelligence . As head of the National Strategy Information Center, he presided over the development of a distinctive neo-con philosophy of intelligence:

Two longtime advocates of the type of flexible intelligence operation put in motion by Rumsfeld, Wolfowitz and Feith are Abram Shulsky and Gary Schmitt, senior associates at the National Strategy Information Center (NSIC) in the 1990s. The NSIC along with a half-dozen other think-tanks and committees produced reports in the mid-1990s that recommended intelligence reforms. As it turns out, the NSIC’s recommendations had the most influence in shaping the intelligence practices of the George W Bush administration.

In a 1998 essay Shulsky and Schmitt linked this emerging theory of intelligence to the philosophy of Leo Strauss . Shulsky in particular would have the opportunity to put that theory into practice as head of the Pentagon’s Office of Special Plans prior to the Iraq War.

Journalist Robert Dreyfuss captured a snapshot of the situation in the run-up to the conflict in December 2002:

Even as it prepares for war against Iraq, the Pentagon is already engaged on a second front: its war against the Central Intelligence Agency. The Pentagon is bringing relentless pressure to bear on the agency to produce intelligence reports more supportive of war with Iraq, according to former CIA officials. Key officials of the Department of Defense are also producing their own unverified intelligence reports to justify war. Much of the questionable information comes from Iraqi exiles long regarded with suspicion by CIA professionals. A parallel, ad hoc intelligence operation, in the office of Undersecretary of Defense for Policy Douglas J. Feith, collects the information from the exiles and scours other raw intelligence for useful tidbits to make the case for preemptive war.

These morsels sometimes go directly to the president. “Informed sources say the person in charge of the unnamed unit is Abram Shulsky, another key member of the Perle-Wolfowitz war party,” Dreyfuss noted. “Roy Godson, the head of the Consortium for the Study of Intelligence and a colleague of Shulsky’s for many years, has high hopes for the success of the Pentagon’s Iraq intelligence unit, despite its small size when arrayed against the CIA’s might. ‘It might turn out to be a David against Goliath,’ says Godson⁶.”

At the same time, Feith’s office was devising plans to revive covert operations in Europe, with a new focus on Islam. In December 2002, The New York Times reported that “the Defense Department is considering issuing a secret directive to the American military to conduct covert operations aimed at influencing public opinion and policy makers in friendly and neutral countries.”

Such a program, for example, could include efforts to discredit and undermine the influence of mosques and religious schools that have become breeding grounds for Islamic militancy and anti-Americanism across the Middle East, Asia and Europe. It might even include setting up schools with secret American financing to teach a moderate Islamic position laced with sympathetic depictions of how the religion is practiced in America, officials said.

Not everyone in the Pentagon was happy about these proposals:

Some are troubled by suggestions that the military might pay journalists to write stories favorable to American policies or hire outside contractors without obvious ties to the Pentagon to organize rallies in support of American policies.

Implementing this strategy would have required changes to the Pentagon directive governing information operations, allowing ‘adversarial decision-making’ to be targeted, rather than the more restrictive ‘adversary decision-making.’ Former US Army Colonel Sam Gardiner has claimed that a 2003 London conference was briefed about a change on exactly these lines by Captain Gerald Mauer, the Pentagon’s Assistant Deputy Director for Information Operations.

Gardiner has compiled a list of misleading news stories which he believes resulted from such information operations. A notable inclusion is the April 2003 series of stories claiming that George Galloway had received payoffs from Saddam Hussein. One of the papers which ran the story was the Daily Telegraph, then under Charles Moore’s editorship. The Telegraph was ultimately ordered to pay Galloway £150,000 in damages as a result.

After leaving the Telegraph, Moore would go on to chair Policy Exchange, the think-tank which the BBC accused of fabricating evidence about British mosques.

In advocating a return to cold war covert operations, Moore and Godson do nothing to allay the fear that such episodes are the results of methods that owe more to the world of intelligence than the ethos of journalism or scholarship.

Notes:

1. Who Paid the Piper? The CIA and the Cultural Cold War by Frances Stonor Saunders, Granta Books 2000, pp329-30.

2. Smear! Wilson & the Secret State, by Stephen Dorril and Robin Ramsay, Fourth Estate Limited 1991, p14.

3. The CIA, the British Left and the Cold War, Calling the Tune? By Hugh Wilford, Frank Cass Publishers 2003, p180.

4. Britons get cash from US ‘slush fund’ / British organisations receiving money from US sources to ‘promote democracy’, The Guardian, 9 December 1985.

5. House probes link between Contras and youth commission, by Pat O’Brien, United Press International, 23 March 1987.

6. The Pentagon Muzzles the CIA; Devising bad intelligence to promote bad policy, by Robert Dreyfuss, The American Prospect, 16 December 2002.