Imagine a government in which the names of those
who worked as key aides in the office of the second (if not, arguably, the first)
most important official in the country were not available. Oh gosh, there is
such a government and it's ours. Journalist
Robert Dreyfuss set out to do a report for the American Prospect
magazine on the various individuals Vice President Cheney had gathered to help
him run the most powerful vice-presidency in American history functionally,
his own shadow National Security Council and when he called, asking for those
names and their positions as well as possible interviews with them, here's what
ensued:
"His press people seem shocked that a reporter would even ask for an interview
with the staff. The blanket answer is no nobody is available. Amazingly, the
vice president's office flatly refuses to even disclose who works there, or
what their titles are. 'We just don't give out that kind of information,' says
Jennifer Mayfield, another of Cheney's 'angels.' She won't say who is on staff,
or what they do? No, she insists. 'It's just not something we talk about.' The
notoriously silent OVP [Office of the Vice President] staff rebuffs not just
pesky reporters but even innocuous database researchers from companies like
Carroll Publishing, which puts out the quarterly Federal Directory. 'They're
tight-lipped about the kind of information they put out,' says Albert Ruffin,
senior editor at Carroll, who fumes that Cheney's office doesn't bother returning
his calls when he's updating the limited information he manages to collect."
We're talking, of course, about the official to whom no major media outlet
assigns a regular reporter, because the veep's office releases, with great determination,
no news to cover. Dick Cheney is, in this way, the poster boy for the Bush administration's
most essential "sunshine" policy if at all possible, offer nothing to anyone,
any time, anywhere, for any reason.
Such examples of Bush administration secrecy can be multiplied more or less
in the direction of the infinite. Stories of information suppression of all
sorts are legion, but sometimes one image is worth a thousand examples of what's
being kept from us. In this case, the image comes from Karen
J. Greenberg, co-editor of The
Torture Papers: The Road to Abu Ghraib, who follows the endless stream
of investigations and reports that have come from inside the U.S. government
and the military in response to the plethora of scandals about torture, abuse,
mistreatment, kidnapping, secret prisons, and the like. Tom
The Color of "Transparency" Is Black
by Karen J. Greenberg
Imagine my disappointment. Two long-awaited Pentagon
reports on detainee policy had finally reached public view: the Jacoby Report
on Afghanistan and the Formica Report on Iraq, available as a result of Freedom
of Information Act suits, like thousands of other pages of government reports
on the war on terror. As the coeditor of The
Torture Papers: The Road to Abu Ghraib, a collection of the memos, reports,
and interview logs related to Bush administration detainee policy, I was naturally
eager to see those parts of the story that were unfortunately still classified
at the time of the book's publication in December 2004.
Both reports promised to contain new information about detainee policy. In
June of 2004, Brig. Gen. Charles H. Jacoby, Jr. had submitted the results of
his investigation into detainee operations and standards of detainee treatment
in Afghanistan. In November of that year, Brig. Gen. Richard P. Formica had
delivered his findings on command and control questions and allegations of detainee
abuse in Iraq. Lt. Gen. Richard Sanchez, commander of the Multinational Force
in Iraq and the military officer connected to the interrogation unit at Abu
Ghraib, had commissioned Formica to determine whether or not U.S. forces in
Iraq were in compliance with Department of Defense guidelines on detainee treatment.
Now, a mere two years or so later, I began skimming through the introductory
matter and the boldface headings of the Jacoby Report. I stopped first at "Detainee
Operations Standard Operating Procedures." Here it would be in black and white
or so I thought. But, as it happened, I was only half right. Startling amounts
of the report were redacted or blacked out. Where there should have been text
against white space, there was section after section filled with nothing but
solid black blocs. Even some subsection titles were missing. Pure ink. Meant
not to be read.
For example, when I reached the subsection entitled "Interrogation Techniques,"
there was but a black blot of ink, two pages long. I couldn't help myself. I
automatically lifted the paper to check if there weren't some way to see beneath
the overlay of ink. But of course that was a hopeless thought. Whatever information
had been there was gone, eradicated, tossed down the public memory hole that
has eaten so much of the detail that I, along with many others, have been trying
to discover for two years now.
Still, I plowed doggedly on. The deeper I went, the more redacted sections
there were, leaving me with two "reports" that lacked, by my rough estimate,
at least 50 percent of their contents.
Blackened page followed blackened page; introductory sentences led
nowhere; subsection titles introduced nothing; elaborating details were rendered
invisible along with most of each report's conclusions. If one were to treat
the pages of each report like a flip-book, visually the story line would be
a solid mass of black.
Not surprisingly, then, when it came to informational value, the
offerings were slim indeed. And yet, the Pentagon has touted these very offerings
as yet another sign "that the department is committed to transparency," echoing
President Bush's recent remarks, delivered in Europe, that "We're a transparent
democracy. People know exactly what's on our mind. We debate things in the
open. We've got a legislative process that's active."
But there is nothing "transparent" about these reports. They are quite literally
opaque documents; and, in this respect, they differ from earlier releases such
as the Taguba Report, the Schlesinger Report, the Fay-Jones Report, and the
Mikolashek Report, all dealing with detention policy, all of which were made
public in 2004.
The eleventh and twelfth Bush administration reports on detainee policy, the
Jacoby and Formica Reports, held onto until now, are in a league with other
recent administration releases, which have been notable for the information
they hide rather than reveal. Witness, for example, the Schmidt Report, the
inspector general's report on Guantanamo, which was released in April of this
year. More than 50 percent of it, too, is redacted.
And only days ago, the long-awaited Church Report appeared. As with
Jacoby and Formica, Naval Inspector General Vice Admiral Albert Tom Church
III completed his report on Defense Department interrogation policies from
Afghanistan and Gitmo to Iraq back in 2004. Though a brief summary was released,
the report itself was held for two years and, like its most recent predecessors,
its tale, though tantalizing, has largely been reduced to blackened page after
blackened page.
The Pentagon claims that these massive redactions occur for technical
and legal reasons, as cited in code numbers placed in the margins where text
is missing, each representing a category of explanation for a deletion. Facts
need to be deleted, for example, if they reveal installation locations or
intelligence gathering unit names, or if they come from parts of inter- or
intra-agency memos. Apparently justified by these code numbers, here is some
of what you can't learn from the Jacoby and Formica reports.
On the Jacoby investigation into detention in Afghanistan, the birthplace
of the War on Terror's interrogation policies, you cannot learn: the full
definition of the category of "detainees," detention criteria, interrogation
techniques used, approved interrogation strategies, guidelines on the protection
of detainees from harm by a third party, full guidelines for the use of force,
and so much more.
What you cannot learn from the Formica Report investigating prisoner treatment
in Iraq is: Its assessments of policies regarding "command and control," or
what processing guidelines for detainees are, or even what average length of
detention is. Also hidden from sight are the discussion sections on the "adequacy
of facilities and treatment of security detainees" and "interrogation methods
and procedures," among many other matters.
Withdrawal of information has been a deeply rooted tactic of the
Bush administration. The urge not to tell, never to reveal, has been at the
heart of its approach to government, whether what's at stake is court records,
statistics on Iraq, or information about detainees. In 2001, 8 million government
documents were classified per year. That number has now expanded to 16 million.
Moreover, the rate of declassification has decreased significantly. On average,
only one-sixth as many documents are declassified each year as during the
Clinton administration.
As the administration endlessly reminds us, we are in a time of
war and information that could actually harm national security does need to
be classified. But the nature of what appears in the Formica Report, for example,
might make us wonder about what it is that the Pentagon is redacting in the
blacked out half of the document. For instance, you can still read between
the non-lines, so to speak about allegations of abuse and torture that
proved (according to the report) unfounded in American facilities in
Iraq. These include sodomy, electric shock, dog bites, and more. If what we
can read are the "unfounded" charges, you can only wonder whether those solid
black areas of the report contain allegations of abuse and torture that simply
turned out to be accurate.
Given a blank space, the mind naturally has the tendency to fill
it in and these latest reports in their blankness are nothing but invitations
to invent the details yourself based on what is already well known. There
is little question that censorship produces rumors, while secrecy keeps the
swirl of rumor alive and unchecked.
Although the Formica Report insists repeatedly that "detainees generally make
false statements," the Jacoby Report does also point out, in a readable passage,
that "training in detainee operations as opposed to EPW [enemy prisoners of
war] is a relatively new concept for the Army" and that military personnel have
apparently been regularly placed in circumstances that lead to abusive behavior.
"If a TIC [troops in contact] results in detention, an opportunity for abuse
arises as a result of the stress and emotion." From what can be discerned, it
does look like training and expectations for the holding of detainees just didn't
match the grim reality in the field.
The odd thing about the increasing rate of redactions is that they are coming
at a time when there have been signs from elsewhere in the administration that
a change of policy is needed and, at least when it comes to Guantanamo, might
be limping its way toward us. President Bush has finally said that he'd like
to find a way to close Guantanamo. The Supreme Court has called the classification
of the detainees into question by stating that the Geneva Conventions apply
even to al-Qaeda. Only days ago, the Department of Defense revised its Guantanamo
detainee policy to adhere to the Geneva Conventions. Meanwhile, the detainees
are being cleared of accusations and released at a more rapid rate than previously.
Two weeks ago, for instance, 14 Saudis were released from Guantanamo and sent
back to Saudi Arabia, bringing the number of prisoners cleared and released
from Guantanamo to nearly three hundred. Internal military concerns for making
Gitmo a humane and legal prison have grown. In the past several months, the
military has instituted a ban on the use of dogs and a new policy of religious
sensitivity with regard to the detainees.
And yet on this, as on so much else with the Bush administration,
if it weren't for angry, frustrated, or horrified leakers from within the
military, the intelligence community, and the federal bureaucracy generally,
we might truly be plunged into informational darkness. Part of the aura of
secrecy the Bush administration has created around its own behavior involves
the insistence that only agreed-upon administration officials can tell the
story and only their way and often only as a last resort.
It's not surprising then that the more reports appear on the treatment
(or mistreatment) of detainees around the world, the less they bother to offer
us the light of day; and the more all-black pages that enter the world, the
less the public knows except about the nature of the Bush administration
itself. Shrouded in secrecy and adamant about the right not to reveal, the
administration stands defiantly behind its darkened pages. And so here we
stand, too, the text of our world becoming increasingly unreadable as words
turn into massive inkblots, and black spaces overcome white ones. The dark,
it seems, continues to swallow the light.
Karen J. Greenberg is the executive director of the NYU Center on Law and
Security, the coeditor of The
Torture Papers: The Road to Abu Ghraib and the editor of The
Torture Debate in America.
Copyright 2006 Karen J. Greenberg