Cheney Fights for Torture
Washington Post
Cheney Fights for Detainee Policy
By Dana Priest and Robin Wright
Washington Post Staff Writers
Monday, November 7, 2005; Page A01
Over the past year, Vice President Cheney has waged an intense and largely
unpublicized campaign to stop Congress, the Pentagon and the State Department
from imposing more restrictive rules on the handling of terrorist suspects,
according to defense, state, intelligence and congressional officials.
Last winter, when Sen. John D. Rockefeller IV (D-W.Va.), vice chairman of
the Senate Select Committee on Intelligence, began pushing to have the full
committee briefed on the CIA's interrogation practices, Cheney called him to
the White House to urge that he drop the matter, said three U.S. officials.
Vice President Cheney has fought restrictions on handling of terrorism
suspects, rules favored by other administration officials and senators.
In recent months, Cheney has been the force against adding safeguards to the
Defense Department's rules on treatment of military prisoners, putting him at
odds with Secretary of State Condoleezza Rice and acting Deputy Secretary of
Defense Gordon R. England. On a trip to Canada last month, Rice interrupted a
packed itinerary to hold a secure video-teleconference with Cheney on detainee
policy to make sure no decisions were made without her input.
Just last week, Cheney showed up at a Republican senatorial luncheon to
lobby lawmakers for a CIA exemption to an amendment by Sen. John McCain
(R-Ariz.) that would ban torture and inhumane treatment of prisoners. The
exemption would cover the CIA's covert "black sites" in several Eastern
European democracies and other countries where key al Qaeda captives are being
kept.
Cheney spokesman Steve Schmidt declined to comment on the vice president's
interventions or to elaborate on his positions. "The vice president's views are
certainly reflected in the administration's policy," he said.
Increasingly, however, Cheney's positions are being opposed by other
administration officials, including Cabinet members, political appointees and
Republican lawmakers who once stood firmly behind the administration on all
matters concerning terrorism.
Personnel changes in President Bush's second term have added to the
isolation of Cheney, who previously had been able to prevail in part because
other key parties to the debate -- including Attorney General Alberto R.
Gonzales and White House counsel Harriet Miers -- continued to sit on the
fence.
But in a reflection of how many within the administration now favor changing
the rules, Elliot Abrams, traditionally one of the most hawkish voices in
internal debates, is among the most persistent advocates of changing detainee
policy in his role as the deputy national security adviser for democracy,
according to officials familiar with his role.
At the same time Rice has emerged as an advocate for changing the rules to
"get out of the detainee mess," said one senior U.S. official familiar with
discussions. Her top advisers, along with their Pentagon counterparts, are
working on a package of proposals designed to address all controversial
detainee issues at once, instead of dealing with them on a piecemeal basis.
Cheney's camp is a "shrinking island," said one State Department official
who, like other administration officials quoted in this article, asked not to
be identified because public dissent is strongly discouraged by the White
House.
A fundamental question lies at the heart of these disagreements: Four years
into the fight, what is the most effective way to wage the campaign against
terrorism?
Cheney's camp says the United States does not torture captives, but believes
the president needs nearly unfettered power to deal with terrorists to protect
Americans. To preserve the president's flexibility, any measure that might
impose constraints should be resisted. That is why the administration has
recoiled from embracing the language of treaties such as the U.N. Convention
Against Torture, which Cheney's aides find vague and open-ended.
On the other side of the debate are those who believe that unconventional
measures -- harsh interrogation tactics, prisoner abuse and the "ghosting" and
covert detention of CIA-held prisoners -- have so damaged world support for the
U.S.-led counterterrorism campaign that they have hurt the U.S. cause. Also,
they argue, these measures have tainted core American values such as human
rights and the rule of law.
"The debate in the world has become about whether the U.S. complies with its
legal obligations. We need to regain the moral high ground," said one senior
administration official familiar with internal deliberations on the issue,
adding that Rice believes current policy is "hurting the president's agenda and
her agenda."
McCain's amendment would limit the military's interrogation and detention
tactics to those described in the Army Field Manual, and it would prohibit all
U.S. government employees from using cruel, inhuman or degrading treatment.
Cheney pushed hard to have the entire amendment defeated. He twice held
meetings with key lawmakers to lobby against the measure, once traveling to
Capitol Hill in July, to button-hole Sens. John W. Warner (R-Va.), McCain and
Lindsey O. Graham (R-S.C.).
When that tack did not work -- 90 senators supported the measure -- Cheney
handed McCain language that would exempt the CIA. Despite Cheney's concerns,
Graham said he has not heard any concerns from the CIA suggesting it needs an
exemption from the McCain amendment. The CIA declined to comment.
"It shows that we have a philosophical difference here," said Graham, a
member of the Senate Armed Services Committee. "The vice president believes in
certain circumstances the government can't be bound by the language McCain is
pushing. I believe that out of bounds of that language, we do harm to the U.S.
image. It doesn't mean he's bad or I'm good; it just means we see it
differently."
Cheney and the White House also oppose the language of a separate Defense
Department directive, first reported by the New York Times, limiting detainee
interrogations. The ongoing internal debate has stalled publication of the
directive.
"This is the first issue we've gone to the trenches on," said a senior State
Department official.
On the issue of the CIA's interrogation and detention practices, this spring
Cheney requested the CIA brief him on the matter. "Cheney's strategy seems to
be to stop the broader movement to get an independent commission on
interrogation practices and the McCain amendment," said one intelligence
official.
Beside personal pressure from the vice president, Cheney's staff is also
engaged in resisting a policy change. Tactics included "trying to have meetings
canceled ... to at least slow things down or gum up the works" or trying to
conduct meetings on the subject without other key Cabinet members, one
administration official said. The official said some internal memos and e-mail
from the National Security Council staff to the national security adviser were
automatically forwarded to the vice president's office -- in some cases without
the knowledge of the authors.
For that reason, Rice "wanted to be in all meetings," said a senior State
Department official.
Cheney's chief aide in this bureaucratic war of wills is David S. Addington,
who was his chief counsel until last week when he replaced I. Lewis "Scooter"
Libby as the vice president's chief of staff.
Addington exerted influence on many of the most significant policy decisions
after Sept. 11, 2001. He helped write the position on torture taken by the
Justice Department's Office of Legal Counsel, a stance rescinded after it
became public, and he helped pick Guantanamo Bay, Cuba, as the location beyond
the reach of U.S. law for holding suspected terrorists.
When Addington learned that the draft Pentagon directive included language
from Article 3 of the Geneva Conventions, which prohibits torture and cruel
treatment, including "humiliating and degrading treatment," he summoned the
Pentagon official in charge of the detainee issue to brief him.
During a tense meeting at his office in the Eisenhower Executive Office
Building, Addington was strident, said officials with knowledge of the
encounter, and chastised Deputy Assistant Secretary Matthew C. Waxman for
including what he regarded as vague and unhelpful language from Article 3 in
the directive.
On Tuesday, Cheney, who often attends the GOP senators' weekly luncheons
without addressing the lawmakers, made "an impassioned plea" to reject McCain's
amendment, said a senatorial aide who was briefed on the meeting and spoke on
the condition of anonymity because of its closed nature. After Senate aides
were ordered out of the Mansfield Room, just steps from the Senate chamber,
Cheney said that aggressive interrogations of detainees such as Khalid Sheik
Mohammed had yielded useful information, and that the option to treat prisoners
harshly must not be taken from interrogators.
McCain then rebutted Cheney's comments, the aide said, telling his
colleagues that the image of the United States using torture "is killing us
around the world." At least one other senator, Ted Stevens (R-Alaska),
supported Cheney, as he has in public, the aide said.
Staff writers Charles Babington and Josh White contributed to this
report.
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