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Trump Is Reportedly Considering Reopening CIA "Black Site" Prisons

Mother Jones

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President Donald Trump is considering reopening the notorious CIA “black site” prisons, undoing the ban imposed by President Barack Obama, after his new CIA director suggested he’d be open to using torture methods on detainees.

The administration’s plans were reported by the New York Times on Wednesday after the paper obtained a draft executive order titled “Detention and Interrogation of Enemy Combatants.” The order would roll back many of the restrictions on detainee interrogations and detention that Obama put in place, including one that gave the International Committee of the Red Cross access to all detainees in US custody. But in his daily press briefing on Wednesday afternoon, White House Press Secretary Sean Spicer said the draft was “not a White House document.”

The CIA’s black sites were a series of facilities located in various countries around the world where the CIA detained, questioned, and often tortured detainees with practices including waterboarding, confinement in small boxes, beatings, and extreme sleep deprivation. They were exposed in 2005 by the Washington Post’s Dana Priest.

The draft doesn’t direct the CIA to reopen the sites immediately, but it requests policy reviews to make recommendations to Trump. As the Times‘ Charlie Savage notes, Trump pledged during the presidential campaign to reinstate waterboarding and a “hell of a lot worse” and said that even if torture tactics didn’t work, the detainees “deserve it anyway.”

Throughout the draft, phrases such as “jihadist” and “global war on terrorism” are crossed out and replaced with “Islamist,” “radical Islamist terrorism,” and similar phrases.

Shortly after news of the order broke, Sen. John McCain (R-Ariz.) released a statement condemning the use of torture. “The President can sign whatever executive orders he likes,” McCain said. “But the law is the law. We are not bringing back torture in the United States of America.”

The draft order comes five days after Mike Pompeo, since confirmed as CIA director, suggested he was open to torture techniques. In written answers to the Senate Intelligence Committee after his January 12 confirmation hearing, Pompeo seemed to leave the door open for a review of the ban on torture methods such as waterboarding. During his hearing, Pompeo had given a seemingly contradictory answer, saying he would “absolutely not” restart the CIA’s use of such techniques and adding that he couldn’t “imagine he would be asked by the president-elect or then-president” to have the CIA torture someone.

The full three-page draft, posted in full by the Washington Post later Wednesday morning (and later by the Times), lays out the rationale for the review:

Our Nation remains engaged in a global armed conflict with ISIS, al Qaeda, the Taliban, and other associated international jihadistIslamist terrorist groups. This conflict is not of our choosing, but was declared against us by the jihadistterrorist organizations groups that have plotted and carried out mass attacks against the United States, its citizens, and its allies beginning well before the atrocities of September 11, 2001, and continuing to this day…Experience has also shown that obtaining critical intelligence information is vital to taking determined offensive action, including military action, against those groups that make war on us and that are actively plotting further attacks.

While there have been continuity in many of the military and intelligence policies of the United States in the global war on terrorism,fight against radical Islam, the United States has refrained from exercising certain authorities critical to its defense.

The draft, which contains extensive editing notes, would rescind two of Obama’s executive orders: one to close the military prison at Guantánamo Bay, Cuba, and the other to give the Red Cross access to all detainees. It also orders the director of national intelligence, the attorney general, and the director of the CIA to “recommend to the President whether to reinitiate a program of interrogation of high-value alien terrorists to be operated outside the United States and whether such program should include the use of detention facilities operated by the Central Intelligence Agency (CIA).”

This story has been updated to include the statement from McCain and the comment from Spicer.

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Trump Is Reportedly Considering Reopening CIA "Black Site" Prisons

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An Ex-Marine Killed Two People in Cold Blood. Should His PTSD Keep Him From Death Row?

Mother Jones

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At 12:44 p.m. on March 6, 2009, John Thuesen called 911. “120 Walcourt Loop,” he told the dispatcher, breathing hard. “Gunshot victims.”

The dispatcher in College Station, Texas, asked what had happened. “I got mad at my girlfriend and I shot her,” he said. “She has sucking chest wounds…”

He’d not only shot Rachel Joiner, 21, but also her older brother Travis. Thuesen had broken into the house after midnight, not sure what he’d do but wanting to see his estranged girlfriend. She was out with her ex-boyfriend, but when she returned later that morning, things “got out of hand.” Thuesen, a 25-year-old former Marine reservist, called 911 and almost immediately expressed remorse. When he was arrested, he repeatedly asked the police about the victims and tried to explain why he’d kept shooting Rachel and her brother: “I felt like I was in like a mode…like training or a game or something.”

The prosecution in the case gave it’s opening statement on May 10, 2010. With DNA evidence and no other suspects, it only took prosecutors three days to make their case. Over the next week, the defense team touched on the facts that Thuesen suffered from depression and post-traumatic stress disorder (PTSD) from his service in Iraq, but pleaded for leniency in his sentence. None of that swayed the jury: On May 28, 2010, he was sentenced to death.

While on death row, Thuesen was given new lawyers, death penalty experts from the state’s Office of Capital and Forensic Writs. In Texas, there are often two trials, one to determine guilt or innocence and the second to determine sentencing. Lawyers argued in their 2012 petition to have both the death penalty and the conviction vacated, and for a new sentencing trial, arguing that if his lawyers had served him adequately, “John Thuesen would not be on death row today, awaiting an execution date.” In July 2015, Judge Travis Bryan III—the same judge who had presided over the criminal trial—agreed, and ruled that Thuesen’s lawyers hadn’t adequately explained the significance of his PTSD to jurors, and how it had factored into his actions on the day of the murders. Bryan also ruled that Thuesen’s PTSD wasn’t properly treated by the Veterans Health Administration. He recommended that Thuesen be granted a new punishment-phase trial. The Texas Court of Criminal Appeals could rule on Bryan’s recommendation at any time.

John Thuesen shortly after his arrest in 2009 Brazos County Sheriff’s Office

The ruling on his case has implications for a question that has concerned the military, veterans’ groups, and death penalty experts: Should service-related PTSD exclude veterans from the death penalty? An answer to this question could affect some of the estimated 300 veterans who now sit on death rows across the country, according to the Death Penalty Information Center. But it’s unclear how many of them suffer from PTSD or traumatic brain injuries, given how uneven the screening for these disorders has been.

Experts are divided about whether veterans with PTSD who commit capital crimes deserve what is known as a “categorical exemption” or “exclusion.” Juveniles receive such treatment, as do those with mental disabilities. In 2009, Anthony Giardino, a lawyer and Iraq War veteran, argued in favor of this in the Fordham Law Review, writing that courts “should consider the more fundamental question of whether the government should be in the business of putting to death the volunteers they have trained, sent to war, and broken in the process” who likely would not be in that position “but for their military service.” In a Institute of Medicine study estimated that between 13 and 20 percent of the 2.6 million Americans who’d served in Iraq and Afghanistan showed at least some of the symptoms of PTSD.

Add to that the training these soldiers receive. “The current efficacy of military training means we are sending to war the most proficient and lethal killers in our nation’s history,” Joshua London, a veterans’ defense lawyer and advocate for reformed judicial treatment of veterans, wrote in a 2014 law journal article, “Why Are We Killing Veterans?” “Likewise, the warriors that return home to our communities are conditioned in a manner that makes them more dangerous, volatile, and amenable to violence than any previous generation of veterans.” If a soldier seems troubled, some psychiatrists have noted, often the preferred treatment option is to provide psychotropic drugs without additional follow-up. For some, especially when combined with other drugs or alcohol, this can result in difficulty with self-control. In April 2014, journalist Ann Jones documented dozens of killings by veterans since 2002.

During his trial, the jury was presented two stark versions of Thuesen. The first was of a cold-blooded murderer. The night before the murders, Thuesen went to see Rachel, but she told him to leave her alone. He broke into her house and lay in her bed, and after she got home he shot her, then Travis, three times each. But Thuesen was also presented as a deeply traumatized soldier who, one of his fellow Marines testified, was forced to fire a heavy machine gun into a car carrying several people and at least one child. Several experts agreed that Thuesen suffered from PTSD and had tried to seek treatment over the course of at least two years. Six months before the murders, Thuesen was suicidal and taken by the police to the VA Medical Center in Houston. He stayed just a few days while he detoxed from alcohol abuse, and he was given anti-depressants and referred to counseling sessions at his local VA clinic.

Tim Rojas, the Marine who’d served with Thuesen and testified about the time he shot up the car, finds himself somewhere in the middle. “People are going to say, ‘Well then, post-traumatic stress does not give you the license to shoot or kill,” he says. “I agree with that. Of course not. But in this case, does John deserve to be on death row? No. Absolutely not. Does he need to be accountable for his actions? Yes. But there’s no way, no way, he needs to lose his life. No way.”

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An Ex-Marine Killed Two People in Cold Blood. Should His PTSD Keep Him From Death Row?

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2016 Has Arrived With a Bang

Mother Jones

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Huh. My breakfast exploded this morning. That’s never happened before.

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2016 Has Arrived With a Bang

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