A former member of Bill Clinton's National Security Council, Daniel Benjamin, debunks several myths promoted in large part by Hollywood's latest movie titled "Rendition."

With hearings in Congress, legal cases bouncing up to the Supreme Court and complaints from Canada and our European allies, the issue of rendition is everywhere. There's even a new, eponymously titled movie in a theater near you, starring Reese Witherspoon as a bereft wife whose innocent husband gets kidnapped and Meryl Streep as the frosty CIA chief who ordered the snatch. Like most covert actions and much of the war on al-Qaeda, the practice is shrouded in mystery -- and, increasingly, the suspicion that it's synonymous with torture and lawlessness.
In fact, the term "rendition" in the counterterrorism context means nothing more than moving someone from one country to another, outside the formal process of extradition. For the CIA, rendition has become a key tool for getting terrorists from places where they're causing trouble to places where they can't. The problem is where these people are taken and what happens to them when they get there. As a former director for counterterrorism policy on the National Security Council staff, I've been involved with the issue of rendition for nearly a decade -- and some of the myths surrounding it need to be cleared up.

1. Rendition is something the Bush administration cooked up.

Nope. George W. Bush was still struggling to coax oil out of the ground when the United States "rendered to justice" its first suspect from abroad. In 1987, President Ronald Reagan authorized an operation that lured Lebanese hijacker Fawaz Younis to a boat off the coast of Cyprus, where FBI agents arrested him. (Younis had participated in the 1985 hijacking of a Jordanian plane and was implicated in the hijacking of TWA Flight 847, which left a U.S. Navy diver dead.) President George H.W. Bush approved the kidnapping in 1990 of Mexican physician Humberto Alvarez Machain, who was believed to be involved in the torture and killing of a Drug Enforcement Administration official. Nothing says that renditions can involve only suspected terrorists; Israel's abduction of Nazi war criminal Adolf Eichmann in Argentina in 1960 could be called a rendition, though the term was not yet in use.

Beginning in 1995, the Clinton administration turned up the speed with a full-fledged program to use rendition to disrupt terrorist plotting abroad. According to former director of central intelligence George J. Tenet, about 70 renditions were carried out before Sept. 11, 2001, most of them during the Clinton years.

2. People who are "rendered" inevitably end up in a foreign slammer -- or worse.

Actually, that's not a foregone conclusion. Alvarez was brought to the United States. So was Mir Aimal Kansi, who killed two CIA employees in their cars outside the agency's Langley headquarters in 1993, and Ramzi Yousef, the architect of the 1993 bombing of the World Trade Center. Both were apprehended in Pakistan, whose leaders decided that the nation would rather not have those two -- folk heroes to some -- sitting in jail, awaiting extradition. Pakistan's leaders feared that cooperating with the United States would be dangerously unpopular, so they wanted the suspects out of the country quickly. For many pro-U.S. Muslim leaders, that concern has only deepened as anti-Americanism has soared.

By my count, most renditions since 1995 have involved moving individuals from one foreign country to another -- not grabbing someone in Washington and carting them off to North Africa, as happens to Witherspoon's onscreen husband. Such operations typically occur in secret because, again, Muslim leaders (especially in the Arab world) want to shield their cooperation with Washington from their anti-American publics. The CIA has acted as a go-between, arranging the transfers and providing transportation. Usually those being rendered are not brought to the United States because, while the U.S. government may have an abundance of intelligence showing their malfeasance, it doesn't have enough courtroom evidence. There's a big difference between the two.

One other safeguard: During the Clinton years, the United States required the country that received a rendered person to have some kind of legal process against the suspect -- an arrest warrant or indictment, for example. It's not clear whether that is still the case. Perhaps Michael Mukasey, President Bush's attorney general nominee, can check.

3. Step one of a rendition involves kidnapping the suspect.

The individual may feel as though he's being kidnapped, but that's not usually what's going on. Most of the time, the person is detained by the authorities of the country he is in. They will then hand him off to the CIA, which will fly him to his destination.

In rare cases when the country of residence is a hostile one, an "extraordinary rendition" can be carried out: a covert effort to abduct the suspect and spirit him out of the country. The CIA put considerable time into efforts to capture Osama bin Laden this way from Taliban-ruled Afghanistan in the late 1990s. Had it worked, it would have been an extraordinary rendition -- and Americans would have cheered.

4. Rendition is just a euphemism for outsourcing torture.

Well, not historically. The guidelines for Clinton-era renditions required that subjects could be sent only to countries where they were not likely to be tortured -- countries that gave assurances to that effect and whose compliance was monitored by the State Department and the intelligence community. It's impossible to be certain that those standards were upheld every time, but serious efforts were made to see that they were. At a minimum, countries with indisputably lousy human rights records (say, Syria) were off-limits. Another key difference: Renditions before Bush were carried out to disrupt terrorist activity, not to gather intelligence or to interrogate individuals.

Now, though, the Bush team seems to have dramatically eroded such safeguards. The administration has apparently sent someone to Syria, and Khaled el-Masri, a German citizen, was evidently grabbed in Macedonia and interrogated in Afghanistan in a manner that sure sounds like torture. In light of this and other revelations, the criticism that the administration has "defined down" torture looks pretty persuasive. It's probably a good bet that Congress or the next administration will reform the program, or abolish it outright.

5. Pretty much anyone -- including U.S. citizens and green card holders -- can be rendered these days.

Not so, although the movie "Rendition" -- in which Witherspoon's Egyptian-born husband gets the black-hood treatment and is yanked from a U.S. airport and taken to a North African chamber of horrors -- is bound to spread this myth. A " U.S. person" (citizen or legal resident) has constitutional protections against being removed from the country through rendition, and there have been no incidents to suggest the contrary. In fairness, though, the ghastly case of Maher Arar -- a Syrian-born Canadian citizen who convincingly says he was detained at New York's JFK Airport, handed off to Syria and tortured -- is way too close for comfort.

Labels: CIA, civil liberties, Hollywood bias, intelligence, interrogation, media bias, Smearing the Troops, surveillance, tribunals, TSP, war on terror, wiretap

The following are some rather dangerous facts by the judge who signed the material witness warrant authorizing Jose Padilla's arrest in 2002. His reminders are generally unstated by those who believe our civilian court system is adequate for trying terrorists. Sure, we may put some behind bars, but do so at the peril that we'll allow others to complete their plots to kill Americans.

In fact, terrorism prosecutions in this country have unintentionally provided terrorists with a rich source of intelligence. For example, in the course of prosecuting Omar Abdel Rahman (the so-called "blind sheik") and others for their role in the 1993 World Trade Center bombing and other crimes, the government was compelled -- as it is in all cases that charge conspiracy -- to turn over a list of unindicted co-conspirators to the defendants.

That list included the name of Osama bin Laden. As was learned later, within 10 days a copy of that list reached bin Laden in Khartoum, letting him know that his connection to that case had been discovered.

Again, during the trial of Ramzi Yousef, the mastermind of the 1993 World Trade Center bombing, an apparently innocuous bit of testimony in a public courtroom about delivery of a cell phone battery was enough to tip off terrorists still at large that one of their communication links had been compromised. That link, which in fact had been monitored by the government and had provided enormously valuable intelligence, was immediately shut down, and further information lost.
-- Michael Mukasey

Labels: geneva, Padilla, terrorism, tribunals, war on terror

In fact, Padilla's case demonstrates the opposite [of the argument that our civil courts are capable of trying illegal combatants]. Before yesterday's verdict, war foes were sneering that prosecutors weren't even charging him in the dirty-bomb plot. That is true, but the reason he wasn't charged for that crime is that the case was procedurally deficient: The military didn't read Padilla his Miranda rights or provide him a lawyer when it interrogated him. Padilla was convicted instead of conspiracy to murder, kidnap and maim people overseas. That means that if war opponents had their way, and if Padilla had been guilty only of planning to kill Americans on U.S. soil, he would walk free today.

This problem may be remediable in a similar future case. No doubt the next time a terrorist is picked up at O'Hare International Airport, FBI agents will read him his rights and make sure to honor them. But it is unreasonable to expect soldiers, Marines and intelligence officers on foreign battlefields to follow police procedures at the same time they're dodging bullets and trying to extract information to prevent attacks on Americans back home. The Padilla decision is reassuring in many respects, but it is not a model for the future handling of enemy combatants.
-- Wall Street Journal.

Labels: enemy combatants, intelligence, interrogation, Padilla, tribunals

Hollywood Interrogates Al Qaeda
By KYNDRA ROTUNDA
April 18, 2007; Page A16

CBS's hit series "Criminal Minds" recently aired an episode entitled "Lessons Learned," where FBI agents traveled to Guantanamo Bay and coaxed a confession from a known terrorist detainee that led to the prevention of an anthrax attack on a Northern Virginia shopping mall. The point of the story was that the regular interrogation tactics (pictured as brutal assaults on the prisoner) were not working, and that the military should adopt the enlightened methods of the crack interrogators from "Criminal Minds."

Having served as an Army Judge Advocate General's Corps officer in Gitmo, a legal adviser to criminal investigators pursuing leads in the war on terror, and a Military Commissions prosecutor, I have first-hand knowledge and experience about what happens there. And here is the ironic truth: The military has outlawed some of the "Criminal Minds" interrogators' tactics -- in response to pressure by the international community.

On TV, an analyst observed the detainee's behavior from an adjoining room behind two-way glass for revealing body movements and language. Subtle movements and body language signaled which statements were true and which were false, leading to a breakthrough that saved lives. In reality, when such a tactic was used at Gitmo the International Committee of the Red Cross (ICRC) called it "torture." Gitmo authorities used to employ Behavior Science Consultation Teams (BSCTs, pronounced "biscuits"), trained psychologists/psychiatrists who did exactly what the TV analyst did: used psychology to help interrogators learn the truth. But the ICRC considered their role in planning and assisting with interrogations "a flagrant violation of medical ethics." The military responded by curtailing the role of BSCTs.

On TV, CIA and FBI interrogators used the detainee's religion to gain leverage. The CIA interrogators refused to allow the detainee to pray; then the FBI allowed the prayers but adjusted them to manipulate the detainee's sense of time. Because of the manipulation, the detainee admitted responsibility for an attack that he incorrectly believed had already occurred, allowing the attack to be thwarted. In reality, the U.S. does not manipulate detainee's religious practices. In Gitmo, everything stops, including interrogations, so detainees can pray. The Islamic call to prayer is broadcast, several times a day, over loudspeakers. Everyone in and around the detention camp is forced to listen.

On TV, the interrogators give the detainee a prayer mat and point out the direction to Mecca to win his gratitude. In reality, the U.S. gives religious items such as prayer mats, prayer caps, prayer oil, prayer beads and Qurans to all detainees. They don't need anyone to point out the direction of Mecca because the U.S. paints black arrows on the ground pointing toward Mecca in every cell and around the camp.

In fact, at Camp Bucca, a U.S.-run detention camp in Iraq, the U.S. erected a tent as a makeshift mosque and designated it off-limits to prison guards so that detainees could pray in solitude. The detainees used their privacy to turn the "mosque" into a weapons cache, and then attacked the prison guards. This led to a battle for control of the camp that lasted four days.

Despite the debacle at Camp Bucca, the military still designates some items (such as the Quran) as "off-limits" to prison guards, even though detainees misuse the Quran to conceal illegal contraband, including prescription pills. U.S. forces in Gitmo go to these great lengths despite the fact that the Geneva Conventions provide for POWs to practice their religion only "on condition that they comply with the disciplinary routine prescribed by military authorities."

On "Criminal Minds," the detainee glanced toward bottles of water lining a table, and said, "They line it up to show what I cannot have." In reality, detainees at Gitmo receive ample food and water, including Halal meals and imported seasonal fruits and nuts from their native countries for special occasions.

While the crime show's creators must resort to fiction to depict interrogations, they don't have to fictionalize the contempt that most detainees show for Americans. Hollywood gets that part right. On TV, the fictional detainee said of killing innocent Americans: "There is no such thing, they were infidels . . . they hurt me by existing! The infidels will fall at the hands of the righteous, and that is when the jihad will end."

In reality, according to Gitmo's Web site, one detainee said, "The people who died on 9/11/2001 were not innocent . . . my group will shake up the U.S. and the countries who follow the U.S." Another told military police officers that he would "come to their homes and cut their throats like sheep." Yet another detainee threatened, "I will arrange for the kidnapping and execution of U.S. citizens living in Saudi Arabia. Small groups of four of five U.S. citizens will be kidnapped, held and executed. They will have their heads cut off." These real statements make one thing clear: life in Gitmo has not broken the detainees' spirits.

Hollywood sets unrealistic expectations for many things. The "Criminal Minds" episode represents one instance where truth is tamer, and many would argue stranger, than fiction.

Ms. Rotunda teaches at George Mason School of Law and is director of the law school's clinic that provides pro bono legal assistance to military families. She is currently writing a book about legal issues in the war on terror

Labels: al qaeda, geneva, gitmo, guantanamo, interrogation, tribunals