Taguba Alleges DOD Approved Abu Ghraib Abuses and Arranged To Protect Higher Ups

Maj. Gen. Antonio M. Taguba -- who led the military's first major investigation into the prisoner abuse at Abu Ghraib -- is saying now that senior DOD officials approved of the "strategic interrogation" tactics used there, and that these officials arranged for most of the blame to go no higher than the low-level soldiers that were caught on the pictures that were seen by the public.

An article by Seymour Hersh in the New Yorker magazine -- to be published tomorrow -- takes a look at the scandal with the help of now-retired General Taguba.

In subsequent testimony, General Myers, the J.C.S. chairman, acknowledged, without mentioning the e-mails, that in January information about the photographs had been given "to me and the Secretary up through the chain of command. . . . And the general nature of the photos, about nudity, some mock sexual acts and other abuse, was described."

Nevertheless, Rumsfeld, in his appearances before the Senate and the House Armed Services Committees on May 7th, claimed to have had no idea of the extensive abuse. "It breaks our hearts that in fact someone didn't say, 'Wait, look, this is terrible. We need to do something,' " Rumsfeld told the congressmen. "I wish we had known more, sooner, and been able to tell you more sooner, but we didn't."

Rumsfeld told the legislators that, when stories about the Taguba report appeared, "it was not yet in the Pentagon, to my knowledge." As for the photographs, Rumsfeld told the senators, "I say no one in the Pentagon had seen them"; at the House hearing, he said, "I didn't see them until last night at 7:30." Asked specifically when he had been made aware of the photographs, Rumsfeld said:

"There were rumors of photographs in a criminal prosecution chain back sometime after January 13th . . . I don't remember precisely when, but sometime in that period of January, February, March. . . . The legal part of it was proceeding along fine. What wasn't proceeding along fine is the fact that the President didn't know, and you didn't know, and I didn't know."

"And, as a result, somebody just sent a secret report to the press, and there they are," Rumsfeld said.

Taguba, watching the hearings, was appalled. He believed that Rumsfeld's testimony was simply not true. "The photographs were available to him -- if he wanted to see them," Taguba said. Rumsfeld's lack of knowledge was hard to credit. Taguba later wondered if perhaps Cambone had the photographs and kept them from Rumsfeld because he was reluctant to give his notoriously difficult boss bad news. But Taguba also recalled thinking, "Rumsfeld is very perceptive and has a mind like a steel trap. There's no way he's suffering from C.R.S. -- Can't Remember Shit. He's trying to acquit himself, and a lot of people are lying to protect themselves." It distressed Taguba that Rumsfeld was accompanied in his Senate and House appearances by senior military officers who concurred with his denials.

"The whole idea that Rumsfeld projects -- 'We're here to protect the nation from terrorism' -- is an oxymoron," Taguba said. "He and his aides have abused their offices and have no idea of the values and high standards that are expected of them. And they’ve dragged a lot of officers with them." ...

During the next two years, Taguba assiduously avoided the press, telling his relatives not to talk about his work. Friends and family had been inundated with telephone calls and visitors, and, Taguba said, "I didn't want them to be involved." Taguba retired in January, 2007, after thirty-four years of active service, and finally agreed to talk to me about his investigation of Abu Ghraib and what he believed were the serious misrepresentations by officials that followed. "From what I knew, troops just don't take it upon themselves to initiate what they did without any form of knowledge of the higher-ups," Taguba told me. His orders were clear, however: he was to investigate only the military police at Abu Ghraib, and not those above them in the chain of command. "These M.P. troops were not that creative," he said. "Somebody was giving them guidance, but I was legally prevented from further investigation into higher authority. I was limited to a box."...

Taguba came to believe that Lieutenant General Sanchez, the Army commander in Iraq, and some of the generals assigned to the military headquarters in Baghdad had extensive knowledge of the abuse of prisoners in Abu Ghraib even before Joseph Darby came forward with the CD. Taguba was aware that in the fall of 2003—when much of the abuse took place—Sanchez routinely visited the prison, and witnessed at least one interrogation. According to Taguba, "Sanchez knew exactly what was going on." ...

A dozen government investigations have been conducted into Abu Ghraib and detainee abuse. A few of them picked up on matters raised by Taguba’s report, but none followed through on the question of ultimate responsibility. Military investigators were precluded from looking into the role of Rumsfeld and other civilian leaders in the Pentagon; the result was that none found any high-level intelligence involvement in the abuse. ...

Abu Ghraib had opened the door on the issue of the treatment of detainees, and from the beginning the Administration feared that the publicity would expose more secret operations and practices. Shortly after September 11th, Rumsfeld, with the support of President Bush, had set up military task forces whose main target was the senior leadership of Al Qaeda. Their essential tactic was seizing and interrogating terrorists and suspected terrorists; they also had authority from the President to kill certain high-value targets on sight. The most secret task-force operations were categorized as Special Access Programs, or S.A.P.s.

The military task forces were under the control of the Joint Special Operations Command, the branch of the Special Operations Command that is responsible for counterterrorism. One of Miller's unacknowledged missions had been to bring the J.S.O.C.'s "strategic interrogation" techniques to Abu Ghraib. In special cases, the task forces could bypass the chain of command and deal directly with Rumsfeld's office. A former senior intelligence official told me that the White House was also briefed on task-force operations.

The former senior intelligence official said that when the images of Abu Ghraib were published, there were some in the Pentagon and the White House who "didn't think the photographs were that bad" -- in that they put the focus on enlisted soldiers, rather than on secret task-force operations. Referring to the task-force members, he said, "Guys on the inside ask me, 'What's the difference between shooting a guy on the street, or in his bed, or in a prison?' " A Pentagon consultant on the war on terror also said that the "basic strategy was 'prosecute the kids in the photographs but protect the big picture.' "

A recently retired C.I.A. officer, who served more than fifteen years in the clandestine service, told me that the task-force teams "had full authority to whack—to go in and conduct 'executive action,' " the phrase for political assassination. "It was surrealistic what these guys were doing," the retired operative added. "They were running around the world without clearing their operations with the ambassador or the chief of station." ...

A former high-level Defense Department official said that, when the Abu Ghraib scandal broke, Senator John Warner, then the chairman of the Armed Services Committee, was warned "to back off" on the investigation, because "it would spill over to more important things." ...

An aggressive congressional inquiry into Abu Ghraib could have provoked unwanted questions about what the Pentagon was doing, in Iraq and elsewhere, and under what authority. By law, the President must make a formal finding authorizing a C.I.A. covert operation, and inform the senior leadership of the House and the Senate Intelligence Committees. However, the Bush Administration unilaterally determined after 9/11 that intelligence operations conducted by the military-including the Pentagon’s covert task forces—for the purposes of "preparing the battlefield" could be authorized by the President, as Commander-in-Chief, without telling Congress. ...

Whether the President was told about Abu Ghraib in January (when e-mails informed the Pentagon of the seriousness of the abuses and of the existence of photographs) or in March (when Taguba filed his report), Bush made no known effort to forcefully address the treatment of prisoners before the scandal became public, or to re-evaluate the training of military police and interrogators, or the practices of the task forces that he had authorized. Instead, Bush acquiesced in the prosecution of a few lower-level soldiers. The President's failure to act decisively resonated through the military chain of command: aggressive prosecution of crimes against detainees was not conducive to a successful career.

In January of 2006, Taguba received a telephone call from General Richard Cody, the Army's Vice-Chief of Staff. "This is your Vice," he told Taguba. "I need you to retire by January of 2007." No pleasantries were exchanged, although the two generals had known each other for years, and, Taguba said, "He offered no reason." ...

Taguba went on, "There was no doubt in my mind that this stuff" -- the explicit images -- "was gravitating upward. It was standard operating procedure to assume that this had to go higher. The President had to be aware of this." He said that Rumsfeld, his senior aides, and the high-ranking generals and admirals who stood with him as he misrepresented what he knew about Abu Ghraib had failed the nation.

"From the moment a soldier enlists, we inculcate loyalty, duty, honor, integrity, and selfless service," Taguba said. "And yet when we get to the senior-officer level we forget those values. I know that my peers in the Army will be mad at me for speaking out, but the fact is that we violated the laws of land warfare in Abu Ghraib. We violated the tenets of the Geneva Convention. We violated our own principles and we violated the core of our military values. The stress of combat is not an excuse, and I believe, even today, that those civilian and military leaders responsible should be held accountable."

The text of Gen. Taguba's 2004 report (pdf).