What Bush Has Done


It is the rare legal brief that can get away with opening on that famous Neitzsche line. Jose Padilla's lawyers describe, in detail, his treatment in a recent filing. Under the Military Comissions Act passed two weeks ago, everything described here is now legal.

Everyone should read the entire thing. (Via Hullabaloo, Glen Greenwald, originally reported by David Markus.) So I quote the entire relevant passage (emphases mine), despite its considerable length. The least you owe this man is to make yourself read what was done to him in your name; the least you owe yourself is to read what can be done to you on one man's whim:

In an effort to gain Mr. Padilla’s "dependency and trust," he was tortured for nearly the entire three years and eight months of his unlawful detention. The torture took myriad forms, each designed to cause pain, anguish, depression and, ultimately, the loss of will to live. The base ingredient in Mr. Padilla’s torture was stark isolation for a substantial portion of his captivity. For nearly two years – from June 9, 2002 until March 2, 2004, when the Department of Defense permitted Mr. Padilla to have contact with his lawyers – Mr. Padilla was in complete isolation. Even after he was permitted contact with counsel, his conditions of confinement remained essentially the same. He was kept in a unit comprising sixteen individual cells, eight on the upper level and eight on the lower level, where Mr. Padilla’s cell was located. No other cells in the unit were occupied. His cell was electronically monitored twenty-four hours a day, eliminating the need for a guard to patrol his unit. His only contact with another person was when a guard would deliver and retrieve trays of food and when the government desired to interrogate him.

His isolation, furthermore, was aggravated by the efforts of his captors to maintain complete sensory deprivation. His tiny cell – nine feet by seven feet – had no view to the outside world. The door to his cell had a window, however, it was covered by a magnetic sticker, depriving Mr. Padilla of even a view into the hallway and adjacent common areas of his unit. He was not given a clock or a watch and for most of the time of his captivity, he was unaware whether it was day or night, or what time of year or day it was.

In addition to his extreme isolation, Mr. Padilla was also viciously deprived of sleep. This sleep deprivation was achieved in a variety of ways. For a substantial period of his captivity, Mr. Padilla’s cell contained only a steel bunk with no mattress. The pain and discomfort of sleeping on a cold, steel bunk made it impossible for him to sleep. Mr. Padilla was not given a mattress until the tail end of his captivity. Mr. Padilla’s captors did not solely rely on the inhumane conditions of his living arrangements to deprive him of regular sleep. A number of ruses were employed to keep Mr. Padilla from getting necessary sleep and rest. One of the tactics his captors employed was the creation of loud noises near and around his cell to interrupt any rest Mr. Padilla could manage on his steel bunk. As Mr. Padilla was attempting to sleep, the cell doors adjacent to his cell would be electronically opened, resulting in a loud clank, only to be immediately slammed shut. Other times, his captors would bang the walls and cell bars creating loud startling noises. These disruptions would occur throughout the night and cease only in the morning, when Mr. Padilla’s interrogations would begin.

Efforts to manipulate Mr. Padilla and break his will also took the form of the denial of the few benefits he possessed in his cell. For a long time Mr. Padilla had no reading materials, access to any media, radio or television, and the only thing he possessed in his room was a mirror. The mirror was abruptly taken away, leaving Mr. Padilla with even less sensory stimulus. Also, at different points in his confinement Mr. Padilla would be given some comforts, like a pillow or a sheet, only to have them taken away arbitrarily. He was never given any regular recreation time. Often, when he was brought outside for some exercise, it was done at night, depriving Mr. Padilla of sunlight for many months at a time. The disorientation Mr. Padilla experienced due to not seeing the sun and having no view on the outside world was exacerbated by his captors’ practice of turning on extremely bright lights in his cell or imposing complete darkness for durations of twenty-four hours, or more.

Mr. Padilla’s dehumanization at the hands of his captors also took more sinister forms. Mr. Padilla was often put in stress positions for hours at a time. He would be shackled and manacled, with a belly chain, for hours in his cell. Noxious fumes would be introduced to his room causing his eyes and nose to run. The temperature of his cell would be manipulated, making his cell extremely cold for long stretches of time. Mr. Padilla was denied even the smallest, and most personal shreds of human dignity by being deprived of showering for weeks at a time, yet having to endure forced grooming at the whim of his captors.

A substantial quantum of torture endured by Mr. Padilla came at the hands of his interrogators. In an effort to disorient Mr. Padilla, his captors would deceive him about his location and who his interrogators actually were. Mr. Padilla was threatened with being forcibly removed from the United States to another country, including U.S. Naval Base at Guantanamo Bay, Cuba, where he was threatened his fate would be even worse than in the Naval Brig. He was threatened with being cut with a knife and having alcohol poured on the wounds. He was also threatened with imminent execution. He was hooded and forced to stand in stress positions for long durations of time. He was forced to endure exceedingly long interrogation sessions, without adequate sleep, wherein he would be confronted with false information, scenarios, and documents to further disorient him. Often he had to endure multiple interrogators who would scream, shake, and otherwise assault Mr. Padilla. Additionally, Mr. Padilla was given drugs against his will, believed to be some form of lysergic acid diethylamide (LSD) or phencyclidine (PCP), to act as a sort of truth serum during his interrogations.

Throughout most of the time Mr. Padilla was held captive in the Naval Brig he had no contact with the outside world. In March 2004, one year and eight months after arriving in the Naval Brig, Mr. Padilla was permitted his first contact with his attorneys. Even thereafter, although Mr. Padilla had access to counsel, and thereby some contact with the outside world, those visits were extremely limited and restricted. Significantly though, it was not until Mr. Padilla was permitted to visit with counsel that one of his attorneys, Andrew Patel, was able to provide Mr. Padilla with a copy of the Qur’an. Up until that time, for a period of almost two years, Mr. Padilla was the right to exercise his religious beliefs.

The deprivations, physical abuse, and other forms of inhumane treatment visited upon Mr. Padilla caused serious medical problems that were not adequately addressed. Apart from the psychological damage done to Mr. Padilla, there were numerous health problems brought on by the conditions of his captivity. Mr. Padilla frequently experienced cardiothoracic difficulties while sleeping, or attempting to fall asleep, including a heavy pressure on his chest and an inability to breath or move his body.

In one incident Mr. Padilla felt a burning sensation pulsing through his chest. He requested medical care but was given no relief. Toward the end of his captivity, Mr. Padilla experienced swelling and pressure in his chest and arms. He was administered an electrocardiogram, and given medication. However, Mr. Padilla ceased taking the medicine when it caused him respiratory congestion. Although Mr. Padilla was given medication in this instance, he was often denied medication for pain relief. The strain brought on by being placed in stress positions caused Mr. Padilla great discomfort and agony. Many times he requested some form of pain relief but was denied by the guards.

The cause of some of the medical problems experienced by Mr. Padilla is obvious. Being cramped in a tiny cell with little or no opportunity for recreation and enduring stress positions and shackling for hours caused great pain and discomfort. It is unclear, though, whether Mr. Padilla’s cardiothoracic problems were a symptom of the stress he endured in captivity, or a side effect from one of the drugs involuntarily induced into Mr. Padilla’s system in the Naval Brig. In either event, the strategically applied measures suffered by Mr. Padilla at the hands of the government caused him both physical and psychological pain and agony.

It is worth noting that throughout his captivity, none of the restrictive and inhumane conditions visited upon Mr. Padilla were brought on by his behavior or by any actions on his part. There were no incidents of Mr. Padilla violating any regulation of the Naval Brig or taking any aggressive action towards any of his captors. Mr. Padilla has always been peaceful and compliant with his captors. He was, and remains to the time of this filing, docile and resigned – a model detainee.

Mr. Padilla also wants to make clear that the deprivation described above did abate somewhat once counsel began negotiating with the officials of the Naval Brig for the improvements of his conditions. Toward the end of Mr. Padilla’s captivity in the Naval Brig he was provided reading materials and some other more humane treatment. However, despite some improvement in Mr. Padilla’s living conditions, the interrogations and torture continued even after the visits with counsel commenced.

In sum, many of the conditions Mr. Padilla experienced were inhumane and caused him great physical and psychological pain and anguish. Other deprivations experienced by Mr. Padilla, taken in isolation, are merely cruel and some, merely petty. However, it is important to recognize that all of the deprivations and assaults recounted above were employed in concert in a calculated manner to cause him maximum anguish. It is also extremely important to note that the torturous acts visited upon Mr. Padilla were done over the course almost the entire three years and seven months of his captivity in the Naval Brig. For most of one thousand three hundred and seven days, Mr. Padilla was tortured by the United States government without cause or justification. Mr. Padilla’s treatment at the hands of the United States government is shocking to even the most hardened conscience, and such outrageous conduct on the part of the government divests it of jurisdiction, under the Due Process clause of the Fifth Amendment, to prosecute Mr. Padilla in the instant matter.

It's worth observing that President Bush is the most powerful human being who has ever lived, not unlike a Roman Emperor1 with cruise missiles and nukes. To disappear citizens with impunity is to escape for all practical purposes from the constraints of democracy. I would be interested for anyone to point out to me the functional difference between America in its present state and an imperial dictatorship.

It may be possible to end this novel form of American government via the upcoming midterms or the 2008 presidental election, and that is certainly a goal worth fighting for. Indeed, one many of us are fighting for, tooth and nail. But I can't shake the suspicion that this doesn't outrage Americans anymore, and that even if we win the distal cause will be the incompetance of this administration2 rather than its lust for absolute power. I fear that means that much of the American citizenry has already given up on the great experiment with democracy that is (was?) our nation.

1Many Roman Emperors were puppets of a hidden or not-so-hidden power behind the throne, so we'll elide the debate over whether Bush is one as well.

2Iraq, mostly, levened with economic pain across the lower and middle classes. But even this description illustrates the point nicely. They had over three years to break the poor fellow, extract confessions, whatever -- and you have to give Padilla credit for surviving that -- but you let them shake off all constraints of law and decency and this is what we end up with? The behavior described here is the stuff of overwrought Kafka-inspired science fiction and bad noir about the KGB. Hell, I bet they even did the "how many lights do you see" routine.


Hey, good article although it sickens me. You should cross-post this to DailyKos.

Thanks, but I think if digby posted this some days ago, then all the big blogs will have seen it by now as well.

A US citizen who committed no actual crime, sentenced to a life of torture, denied proper legal defense, stripped of his citizenship. Looks like a CIA patsy sucker, which is the same thing Moussaui claimed. The only purpose of torture is to extort confessions out of innocent people, to enable the real criminals to hijack the White House.

"I did not have any knowledge of and was not a member of the plot to hijack planes and crash them into buildings on Sept. 11, 2001. I wish to withdraw my guilty plea and ask the court for a new trial to prove my innocence of the Sept. 11 plot. I have never met Mohammed Atta and, while I may have seen a few of the other hijackers, I never knew them or anything about their operation."
—Zacarias Moussaoui (Frenchman), US v. Moussaoui, 1:01-cr-00455 (Virginia), "Motion to Withdraw Guilty Plea", May 8, 2006

"Moussaoui now claims he 'did not have any knowledge of and was not a member of the plot to hijack planes and crash them into buildings on September 11.' He wants to withdraw his guilty pleas and go to trial to prove his 'innocence of the September 11 plot.'"
—Judge Leonie M. Brinkema, U.S. District Court, Eastern District of Virginia, "Order Denying Motion to Withdraw Guilty Plea", May 8, 2006

"Explaining his twists and turns, Moussaoui said, 'Solitary confinement made me hostile toward everyone, and I began taking extreme positions to fight the system.' Moussaoui said that, coupled with his inability to get a Muslim lawyer, led him to distrust his lawyers when they told him he could be convicted of being an al-Qaida member but acquitted of involvement in 9/11. Moussaoui wrote that he pleaded guilty because he mistakenly thought the Supreme Court would immediately review his objection to being denied the opportunity to call captured enemy combatant witnesses to buttress his claim of not being involved in the 9/11 plot. An appeals court agreed with the government that national security would be at risk if captured operatives like 9/11 mastermind Khalid Shaikh Mohammed testified or were even questioned by Moussaoui's lawyers. Instead, statements taken from their interrogations were read to the jury. Shaikh Mohammed's statements said Moussaoui was never considered for the 9/11 plot. Moussaoui shocked the courtroom at his sentencing trial when he recanted his four-year-old claim of having nothing to do with 9/11."
—Associated Press, "Moussaoui Asks to Withdraw Guilty Plea," May 8, 2006

Pete Williams: "The old outbursts were gone... He was very docile today... We believe that he's wearing one of those stun belts, and it may be that he was very worried about doing anything that would cause those Marshals to press the button...."
Dan Abrams: "A stun belt? They literally have something around his waist? That they can push a button and?"
Pete Williams: [Pause] "Well..."
—MSNBC, "MSNBC VIDEO: Moussaoui wore 'stun belt' for new testimony"

Note that USAma bin Laden was never charged with the 9/11 attacks, but Pentagon's signed confession in Operation Northwoods and Operation Gladio provides probable cause for Bushes' immediate arrest.

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This page contains a single entry by Milligan published on October 11, 2006 3:24 PM.

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