White House Debates Torture
NY Times
By TIM GOLDEN and ERIC SCHMITT
Published: November 2, 2005
WASHINGTON, Nov. 1 - The Bush administration is embroiled in a sharp
internal debate over whether a new set of Defense Department standards for
handling terror suspects should adopt language from the Geneva Conventions
prohibiting "cruel," "humiliating" and "degrading" treatment, administration
officials say.
Advocates of that approach, who include some Defense and State Department
officials and senior military lawyers, contend that moving the military's
detention policies closer to international law would prevent further abuses and
build support overseas for the fight against Islamic extremists, officials
said.
Their opponents, who include aides to Vice President Dick Cheney and some
senior Pentagon officials, have argued strongly that the proposed language is
vague, would tie the government's hands in combating terrorists and still would
not satisfy America's critics, officials said.
The debate has delayed the publication of a second major Pentagon directive
on interrogations, along with a new Army interrogations manual that was largely
completed months ago, military officials said. It also underscores a broader
struggle among senior officials over whether to scale back detention policies
that have drawn strong opposition even from close American allies.
Since Mr. Bush's second term began, several officials said, factions within
the administration have clashed over the revision of rules for the military
tribunals to be held at Guantánamo Bay, Cuba, the transfer of some
prisoners held there, and aspects of the United States' detention operations in
Afghanistan and Iraq.
"It goes back to the question of how you want to fight the war on terror,"
said a senior administration official who has advocated changes but, like
others, would discuss the internal deliberations only on the condition of
anonymity. "We think you do that most successfully by creating alliances."
The document under discussion, known as Department of Defense Directive
23.10, would provide broad guidance from Defense Secretary Donald H. Rumsfeld;
while it would not spell out specific detention and interrogation techniques,
officials said, those procedures would have to conform to its standards. It
would not cover the treatment of detainees held by the Central Intelligence
Agency.
The behind-the-scenes debate over the Pentagon directive comes more than
three years after President Bush decided that the Geneva Conventions did not
apply to the fight against terrorism. It mirrors a public battle between the
Bush administration and Senator John McCain, Republican of Arizona, who is
pressing a separate legislative effort to ban the "cruel, inhuman or degrading
treatment" of any detainee in United States custody.
After a 90-to-9 vote in the Senate last month in favor of Mr. McCain's
amendment to a $445 billion defense spending bill, the White House moved to
exempt clandestine C.I.A. activities from the provision. A House-Senate
conference committee is expected to consider the issue this week.
Mr. Cheney and some of his aides have spearheaded the administration's
opposition to Senator McCain's amendment; they were also quick to oppose a
draft of the detention directive, which began to circulate in the Pentagon in
mid-September, officials said.
A central player in the fight over the directive is David S. Addington, who
was the vice president's counsel until he was named on Monday to succeed I.
Lewis Libby Jr. as Mr. Cheney's chief of staff. According to several officials,
Mr. Addington verbally assailed a Pentagon aide who was called to brief him and
Mr. Libby on the draft, objecting to its use of language drawn from Article 3
of the Geneva Conventions.
"He left bruised and bloody," one Defense Department official said of the
Pentagon aide, Matthew C. Waxman, Mr. Rumsfeld's chief adviser on detainee
issues. "He tried to champion Article 3, and Addington just ate him for
lunch."
Despite his vehemence, Mr. Addington did not necessarily win the argument,
officials said. They predicted that it would be settled by Mr. Rumsfeld after
consultation with other agencies.
But while advocates of change within the administration have prevailed in a
few skirmishes, some of those officials acknowledged privately that proponents
of the status quo still dominate the issue - partly because of the bureaucratic
difficulty of overturning policies that have been in place for several years
and, in some cases, were either approved by Justice Department lawyers or
upheld by the federal courts.
"A lot of the decisions that have been made are now difficult to get out
of," one senior administration official said.
A spokesman for the vice president, Stephen E. Schmidt, said Mr. Addington
would have no comment on his reported role in the policy debates. A Defense
Department spokesman, Bryan Whitman, also would not discuss Mr. Waxman's role
except to say it was "certainly an exaggeration" to characterize him as having
been bloodied by Mr. Addington.
Mr. Whitman confirmed that the Pentagon officials were revising four major
documents - including the two high-level directives on detention operations and
interrogations and the Army interrogations manual - as part of its response to
the 12 major investigations and policy reviews that followed the Abu Ghraib
abuse scandal.
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