Obama to continue rendition program

[Ya Vez]

This was buried in the LA Times... way to go media way to be a watchdog..

http://www.latimes.com/news/la-na-rendition1-2009feb01,0,7548176,full.story

Obama preserves renditions as counter-terrorism tool
The role of the CIA's controversial prisoner-transfer program may expand, intelligence experts say.

By Greg Miller
February 1, 2009
Reporting from Washington -- The CIA's secret prisons are being shuttered. Harsh interrogation techniques are off-limits. And Guantanamo Bay will eventually go back to being a wind-swept naval base on the southeastern corner of Cuba.

But even while dismantling these programs, President Obama left intact an equally controversial counter-terrorism tool.

Under executive orders issued by Obama recently, the CIA still has authority to carry out what are known as renditions, secret abductions and transfers of prisoners to countries that cooperate with the United States.

Current and former U.S. intelligence officials said that the rendition program might be poised to play an expanded role going forward because it was the main remaining mechanism -- aside from Predator missile strikes -- for taking suspected terrorists off the street.

The rendition program became a source of embarrassment for the CIA, and a target of international scorn, as details emerged in recent years of botched captures, mistaken identities and allegations that prisoners were turned over to countries where they were tortured.

The European Parliament condemned renditions as "an illegal instrument used by the United States." Prisoners swept up in the program have sued the CIA as well as a Boeing Co. subsidiary accused of working with the agency on dozens of rendition flights.

But the Obama administration appears to have determined that the rendition program was one component of the Bush administration's war on terrorism that it could not afford to discard.

The decision underscores the fact that the battle with Al Qaeda and other terrorist groups is far from over and that even if the United States is shutting down the prisons, it is not done taking prisoners.

"Obviously you need to preserve some tools -- you still have to go after the bad guys," said an Obama administration official, speaking on condition of anonymity when discussing the legal reasoning. "The legal advisors working on this looked at rendition. It is controversial in some circles and kicked up a big storm in Europe. But if done within certain parameters, it is an acceptable practice."

One provision in one of Obama’s orders appears to preserve the CIA's ability to detain and interrogate terrorism suspects as long as they are not held long-term. The little-noticed provision states that the instructions to close the CIA's secret prison sites "do not refer to facilities used only to hold people on a short-term, transitory basis."

Despite concern about rendition, Obama's prohibition of many other counter-terrorism tools could prompt intelligence officers to resort more frequently to the "transitory" technique.

The decision to preserve the program did not draw major protests, even among human rights groups. Leaders of such organizations attribute that to a sense that nations need certain tools to combat terrorism.

"Under limited circumstances, there is a legitimate place" for renditions, said Tom Malinowski, the Washington advocacy director for Human Rights Watch. "What I heard loud and clear from the president's order was that they want to design a system that doesn't result in people being sent to foreign dungeons to be tortured -- but that designing that system is going to take some time."

Malinowski said he had urged the Obama administration to stipulate that prisoners could be transferred only to countries where they would be guaranteed a public hearing in an official court. "Producing a prisoner before a real court is a key safeguard against torture, abuse and disappearance," Malinowski said.

CIA veterans involved in renditions characterized the program as important but of limited intelligence-gathering use. It is used mainly for terrorism suspects not considered valuable enough for the CIA to keep, they said.

"The reason we did interrogations [ourselves] is because renditions for the most part weren't very productive," said a former senior CIA official who spoke on condition of anonymity because of the sensitive nature of the subject.

The most valuable intelligence on Al Qaeda came from prisoners who were in CIA custody and questioned by agency experts, the official said. Once prisoners were turned over to Egypt, Jordan or elsewhere, the agency had limited influence over how much intelligence was shared, how prisoners were treated and whether they were later released.

"In some ways, [rendition] is the worst option," the former official said. "If they are in U.S. hands, you have a lot of checks and balances, medics and lawyers. Once you turn them over to another service, you lose control."

In his executive order on lawful interrogations, Obama created a task force to reexamine renditions to make sure that they "do not result in the transfer of individuals to other nations to face torture," or otherwise circumvent human rights laws and treaties.

The CIA has long maintained that it does not turn prisoners over to other countries without first obtaining assurances that the detainees will not be mistreated.

In a 2007 speech, https:// www.cia.gov/news-information/speeches-testimony/2007/general-haydens-remarks-at-the-council-on-foreign-relations.html "> www.cia.gov/news-information/speeches-testimony/2007/general-haydens-remarks-at-the-council-on-foreign-relations.html the agency had to make a determination in every case "that it is less, rather than more, likely that the individual will be tortured." He added that the CIA sought "true assurances" and that "we're not looking to shave this 49-51."

Even so, the rendition program became a target of fierce criticism during the Bush administration as a series of cases surfaced.

In one of the most notorious instances, a German citizen named Khaled Masri was arrested in Macedonia in 2003 and whisked away by the CIA to a secret prison in Afghanistan. He was quietly released in Albania five months later after the agency determined it had mistaken Masri for an associate of the Sept. 11 hijackers.

Masri later described being abducted by "seven or eight men dressed in black and wearing black ski masks." He said he was stripped of his clothes, placed in a diaper and blindfolded before being taken aboard a plane in shackles -- an account that matches other descriptions of prisoners captured in the rendition program.

In another prominent case, an Egyptian cleric known as Abu Omar was abducted in Italy in 2003 and secretly flown to an Egyptian jail, where he said he was tortured. The incident became a major source of embarrassment to the CIA when Italian authorities, using cellphone records, identified agency operatives involved in the abduction and sought to prosecute them.

Defenders of the rendition program point out that it has been an effective tool since the early 1990s and was often used to bring terrorism suspects to courts in the United States. Among them was Ramzi Ahmed Yousef, who was captured in Pakistan and was convicted of helping orchestrate the 1993 World Trade Center bombing.

Because details on the rendition program are classified, the scale of the program has been a subject of wide-ranging speculation.

An exhaustive investigation by the European Union concluded that the CIA had operated more than 1,200 flights in European airspace after the Sept. 11 attacks.

The implication was that most were rendition-related, with some taking suspects to states where they faced torture.

But U.S. intelligence officials contend that the EU report greatly exaggerated the scale of the program and that most of the flights documented by the Europeans involved moving supplies and CIA personnel, not prisoners.

Instead, recent comments by Hayden suggest that the program has been used to move no more than a handful of prisoners in recent years and that the total is in the "midrange two figures" since the Sept. 11 attacks.

[email protected]

[ChumpDumper]

This was buried in the LA Times... way to go media way to be a watchdog..What page was it on in the print edition?

[Winehole23]

Obama and the Treatment of Terrorist Suspects (http://www.stratfor.com/weekly/20090204_obama_and_treatment_terrorist_suspects)

By Fred Burton and Ben West

U.S. President Barack Obama signed an executive order Feb. 1 approving the continued use of renditions by the CIA. The order seems to go against Obama’s campaign promises to improve the image of the United States abroad, as renditions under the Bush administration had drawn criticism worldwide (http://www.stratfor.com/italy_u_s_rendition_operations_war_terrorism), especially from members of the European Union. The executive order does not necessarily mean that renditions and other tactics for dealing with terrorist suspects will proceed unchanged, however.



Obama came into office promising changes in the way the United States combats terrorism. One of these changes was a new emphasis on legal processes and a shift away from controversial methods of treating terrorist suspects, like rendition, harsh interrogation techniques and secret prisons. The Obama administration can and will roll back some of these tactics, as demonstrated by the president’s Jan. 22 order to close the detention center at Guantanamo Bay (http://www.stratfor.com/analysis/20090122_u_s_complexities_closing_guantanamo). But some will continue.
Renditions and the Legal Process

Renditions are a powerful tool for counterterrorism operations. They involve agents moving into a foreign country to execute a warrant. Once the fugitive is located, agents track, seize and transport him out of the country for interrogations, or to stand trial, as in the cases of Lebanese hijacker Fawaz Younis, CIA shooter Mir Amal Kanzi, 1993 World Trade Center bombers Abdel Basit (aka Ramzi Yousef) and Mahmud Abouhalima, and even Ilich Ramirez Sanchez (aka Carlos the Jackal).



Some of the individuals targeted for renditions have warrants out for their arrest, but are taking refuge in countries that either lack the law enforcement capability to capture them or cannot arrest and extradite them for political reasons. By contrast, the renditions where there is no indictment or warrant and where the suspect is transported to a secret prison for interrogation and detention without a public trial are far more controversial. Renditions of either kind virtually always occur with the knowledge of the host country, and usually with the host government’s express consent. (Few countries wish to shelter suspected terrorist masterminds.)



Renditions thus involve legal questions as much as they do diplomatic questions. Before renditions can be carried out (http://www.stratfor.com/renditions_public_discourse_covert_practice), the Washington bureaucracy kicks into full swing. The U.S. State Department must consider the diplomatic ramifications. The ambassador in the host country must consider his or her position and judge the response of his or her contacts in the host country government. The U.S. Justice Department must also sign on. Finally, the agency in charge of actually nabbing the suspect must be willing to work within any restrictions imposed by any one of the many individuals who must approve the operation.



Even when the government ultimately deems a rendition operation legal, numerous factors can still stymie the effort (not least of which is that by the time all the necessary approvals have been obtained, the window of opportunity to nab the suspect might have closed). So while Obama’s executive order in theory permits renditions, it is only one part of the whole process; the appropriate members of Obama’s administration must also be on board.



Many members of the Obama administration also served in the Clinton administration, which was widely seen as considering all legal ramifications of potential renditions before taking any action. As a former deputy attorney general in the Clinton administration, new Attorney General Eric Holder enjoyed a reputation for deliberating on renditions to the point of inaction — effectively vetoing such operations.



While an appearance of greater attention to the law might come as a relief to many, actors in the field do not have the luxury of endless deliberation and total consensus — they have a narrow window of opportunity in which to act on perishable intelligence. Assuming that Obama’s administration acts with deliberation and pursues consensus building (as he himself has emphasized, and has demonstrated in the bipartisan nature of his Cabinet selections), the legality of renditions might become moot if they are not agreed upon in a timely manner. There is a fine line to walk between efficiency and legality in this field, with extremes on either side being detrimental to national security.



By their very nature, renditions are ad hoc and rarely fit into a nice, clean process, something that explains their controversial nature. They frequently occur in countries allied to the United States, meaning the practice falls outside the scope of war. And renditions resulting in suspects’ standing trial are far less controversial than those involving secret prisons, harsh interrogation tactics and reliance on third countries to carry out interrogations — tactics disfavored by the Obama administration.
Alternatives to Rendition

Apprehending suspects in foreign countries does not always involve controversial tactics. U.S. counterterrorism officials also use tactics abroad that are not forbidden under U.S. law, though they might be illegal if used within the United States (and could well be illegal in the country where U.S. agents employ them). In general, such tactics remain constant as administrations change. These tactics include surveillance of foreign targets, ruse operations and economic incentives and punishments to encourage cooperation in counterterrorism efforts.



Ruse operations, a less controversial way to apprehend fugitives than renditions, involve deception, obviating the need to jump through the bureaucratic hoops required for renditions. Ruse operations involve luring suspects to a location where U.S. agents can apprehend them legally. This involves persuading targets to venture into international waters, for example, or even to travel to the United States, where U.S. agents lie in wait.



While such tactics avoid the legal complexities surrounding renditions, they are extremely difficult to carry out. Suspects worth chasing around the world typically are not overly gullible, and know where it is safe to travel. So while there is no reason to believe that ruse operations will cease anytime soon, successful ones are few and far between.


Sometimes killing a terrorist target is both more efficient and less legally complex than renditions or ruse operations. Tactical strikes, such as the unmanned aerial vehicle-launched missile strikes against suspected al Qaeda targets in Pakistan, both remove a suspected terrorist target and avoid drawn-out legal processes. Like its predecessor, the Obama administration apparently sees striking at al Qaeda targets along the Pakistani-Afghan border as acceptable within the scope of the ongoing war in Afghanistan, despite Pakistani protests (http://www.stratfor.com/geopolitical_diary/20080923_geopolitical_diary_tense_u_s_pakistani_re lations_and_mystery_downed_dron). The latest such U.S. strike came Jan. 23, just three days after Obama took office. Given the administration’s presumed hesitation based on legal reservations and an unwillingness to expand warfare beyond the Afghan theater, this tactic is unlikely to pop up in other areas of the world without a serious threat escalation.
Secret Prisons and Interrogation Issues

Obama on Jan. 22 also ordered the CIA to close its secret prisons around the world that hold detainees without adhering to U.S. legal standards. Because fewer than 100 detainees were held in these prisons, however, this is a minor point.



A different executive order also issued Jan. 22 applied the interrogation guidelines outlined in the U.S. military field handbook and the Geneva Conventions to the CIA (http://www.stratfor.com/u_s_other_ways_interrogate_militant_suspects). Obama and Holder also have made it clear that the new administration views waterboarding as torture and thus illegal, settling the debate on the matter.



Still, it is only a matter of time before new techniques used by interrogators in the field will face questions of legality and morality. No national leader can micromanage at the field level. Even though the Justice Department and senior White House officials in the Bush administration signed secret findings authorizing the CIA to conduct waterboarding in specific cases, tactical, field-level topics do not stick around at the level of national policy for very long.



With secret prisons on the way out, more restrictions on how agents act in the field and an expected decline in renditions, a greater U.S. reliance on third countries to carry out rendition operations is possible. During the Clinton and Bush administrations, countries like Egypt and Jordan were known to cooperate with U.S. agencies in detaining and interrogating prisoners.



Critics claimed that relying on third countries exploited a loophole that allowed the United States to see that unsavory acts were committed without directly carrying them out. Obama’s emphasis on using diplomacy to improve the U.S. image in the world suggests that his administration will turn to other countries for counterterrorism assistance instead of operating unilaterally. Obama already has asked for other countries to help out more in Afghanistan (http://www.stratfor.com/weekly/20081105_obama_s_challenge) (specifically European countries). Obama might also tap third countries like Portugal, Switzerland or Germany to take in detainees leaving Guantanamo who are not sent back to home countries like Yemen and Saudi Arabia after the facility’s closure. Working with these countries to ensure safe delivery of the detainees out of U.S. custody will remove a lightning rod for criticism of the United States in the Muslim world.

Delegating counterterrorism responsibilities to other countries allows the United States to avoid the legal complexities inherent in renditions, secret prisons and harsh interrogation. But ultimately, increased reliance on other countries with different interests can enhance the overall complexity of missions. It is also important to remember that the United States possesses one of the most capable counterterrorism forces in the world, and that other countries simply cannot carry out the same missions that the United States does. This is not to say that pursuing U.S. interests abroad does not call for diplomacy (which is one of the administration’s main tools to fight terror), but that seeking international approval and establishing legal cover does reduce efficiency and restrain U.S. capabilities. Finding the balance between fighting terror efficiently and remaining within legal boundaries will be a key challenge for the Obama administration.

[ChumpDumper]

It was the third story listed on the Feb 1 LA Times web page.

[Nbadan]

What a crock...


"(e) Mission. The mission of the Special Task Force shall be:

(i) to study and evaluate whether the interrogation practices and techniques in Army Field Manual 2 22.3, when employed by departments or agencies outside the military, provide an appropriate means of acquiring the intelligence necessary to protect the Nation, and, if warranted, to recommend any additional or different guidance for other departments or agencies; and

(ii) to study and evaluate the practices of transferring individuals to other nations in order to ensure that such practices comply with the domestic laws, international obligations, and policies of the United States and do not result in the transfer of individuals to other nations to face torture or otherwise for the purpose, or with the effect, of undermining or circumventing the commitments or obligations of the United States to ensure the humane treatment of individuals in its custody or control."

It is clear and explicit. There will be no more of this extraordinary rendition crap. Period. Anyone trying to tell you otherwise is stirring up trouble for the sake of stirring up trouble. The "rendition" you are referring to is the simple act of turning over a prisoner to a proper criminal justice system for prosecution. There's nothing sinister about it, it is NOT the "extraordinary rendition" program Bush was running to outsource torturing prisoners.

Link (http://www.whitehouse.gov/the_press_office/EnsuringLawfulInterrogations/)

[SouthernFried]

Whew...I thought for a sec there, we were not going to hamstring ourselves even further against terrorists.

[LnGrrrR]

I'm not overly concerned with extradition (though the legality is highly dubious) as opposed to enhanced interrogation. However, I am definitely not cool with extraditing prisoners to other countries to torture them. Nabbing them there and bringing them back here? It's a gray area for me. I highly doubt it would be considered 'legal' unless the Iraqis/Afghanis/wherever we're doing this agree to it.