Last August, the Department of Justice ended a four-year criminal investigation by federal prosecutor John Durham into interrogation techniques used during the presidency of George W. Bush, including torture. At least two cases resulted in the deaths of detainees in CIA custody. This investigation began in 2008, after we learned about the CIA’s destruction of videotapes of interrogations of terror suspects. Attorney General Eric Holder decided not to initiate any prosecutions.
Late last year, the European Court of Human Rights ruled German citizen Khaled el-Masri was tortured by CIA agents. He was seized in Macedonia in December 2003, tortured, and secretly flown to Afghanistan. Then he was released in April 2004. after the CIA admitted he was wrongly detained. El Masri’s lawsuit in U.S. court for illegal detention was dismissed in 2006 when the court accepted the government’s position that it could invoke the so-called “state secrets privilege” in order to avoid having to admit what the CIA did.
The US Senate’s select committee on intelligence conducted a three-year review of CIA treatment of detainees, producing a 6,000-page classified report that is believed to conclude that the so-called “enhanced interrogation techniques” adopted by the CIA during the Bush years did not produce any major breakthroughs in intelligence, contrary to previous claims. This report is likely to remain secret. Senator Dianne Feinstein, the intelligence committee chair, says the report contains “startling details” about waterboarding, stress positions, forced nudity, beatings and sleep and sensory deprivation.
Torture and conspiracy to commit torture is a federal crime punishable by up to 20 years in a federal penitentiary, or by the death penalty if it results in the victim’s death. So who is going to prison now that the CIA torture program has been thoroughly investigated?
1. Someone who conducted “enhanced interrogation” torture sessions.
2. Someone who destroyed evidence of torture.
3. Someone who wrote a legal memo justifying the use of torture.
4. Someone high up in the Bush administration who authorized torture.
5. Someone who opposed torture within the CIA and later blew the whistle on the terrible crimes committed in our name.
If you guessed #5, you’re correct.
Last Friday, ex-CIA officer John C. Kiriakou became the first person to be sentenced to prison for issues related to CIA torture. Kiriakou was sentenced to 30 months in prison after pleading guilty to one count of violating the Intelligence Identities Protection Act for revealing the name of a former operative involved the Bush era’s brutal interrogation of detainees at Guantanamo to a reporter.
Kiriakou worked as a CIA operative for more than two decades and led a March 2002 raid that captured high-ranking Al Qaeda suspect Abu Zubaydah. He was also a vocal torture opponent who revealed his knowledge of U.S. enhanced interrogation techniques, including waterboarding, in an ABC interview in 2007.
UPDATE: From Roots Action: Free John Kiriakou
On June 18, 2009, President Obama declared that no one in the CIA would be prosecuted for torture. But now a CIA officer is finally going to prison in connection with torture. However, this CIA officer didn’t torture anyone — he blew the whistle on torture.
In 2007, John Kiriakou was the first person to publicly acknowledge that the CIA was waterboarding people. The retribution for that act of whistleblowing began immediately.
The CIA began filing crime reports with the Department of Justice against Kiriakou. The IRS audited him in 2007 and has done so every year since. His wife was forced out of her job at the CIA. In 2010 an FBI agent pretending to be a foreign spy tried to entrap Kiriakou, who reported the incidents to the FBI. The same FBI follows him everywhere, including into his children’s school.
The DOJ tried unsuccessfully to prosecute Kiriakou under the Espionage Act as a supposed enemy of the state. He became unemployable and racked up a million dollars in lawyers’ bills.
Now Kiriakou is finally going to prison for 30 months for the act of telling an author the name of someone to interview, even though the name was already known and Kiriakou’s prosecution has made it better known.