In Brennan, Cheney has a Friend

By Scott Horton

http://harpers.org/archive/2009/04/hbc-90004690


In an interview with NPR's Terry Gross last week, Seymour Hersh 
stated that Vice President Dick Cheney had "salted" the military and 
national security apparatus with trusted associates who were able to 
report back to him on what was going on. Hersh goes on to state that 
he thinks Cheney's ability to influence or direct policy is limited. 
Still, keeping that in mind it's interesting to watch the unfolding 
debate over the release of the torture memoranda.

In response to Freedom of Information Act requests, the Department of 
Justice's Office of Legal Counsel was slated to release four closely 
guarded memoranda created by John Yoo, Jay Bybee, and Stephen 
Bradbury addressing the use of specific torture techniques including 
waterboarding, holding prisoners in close confinement (in coffin-like 
conditions), and "head smacking." Attorney General Holder had cleared 
the release; it was set for last Thursday. Then something happened. 
Newsweek's Mike Isikoff quotes a source close to the issue stating 
that "Holy hell has broken loose over this." While the Obama lawyers 
thought the matter was settled, John O. Brennan-the man Obama once 
hoped to appoint to head the CIA before a public firestorm erupted 
over his continuing embrace of torture techniques-launched a 
rearguard action designed to overcome the decision at Justice. 
Brennan argued that disclosure of the memos would be harmful because 
it would "embarrass" and "shame" CIA officers who had used the 
techniques. That claim is certainly very doubtful, since there are at 
least as many CIA operatives who have publicly advocated disclosure 
as oppose it. He also argued that it would be bad policy to disclose 
techniques used.

In fact, of course, the argument against disclosure is absurd. The 
techniques are well-documented and known to the public. The 
publication just two weeks ago of extended excerpts from the Red 
Cross's report on treatment of CIA prisoners charted and graphically 
described the techniques used. Brennan's motivation in opposing the 
disclosure has two possible bases: a desire to be able to continue to 
use the techniques in the future, and concern about a formal inquiry 
into the Bush-era torture regime. Release of the new OLC memoranda is 
certain to fuel public and Congressional demands for such an 
inquiry-which former Secretary of State Colin Powell indicated last 
week he felt was certainly on the horizon. And any formal inquiry is 
certain in turn to drive demands for accountability, including the 
prospect of criminal prosecutions.

Brennan is a protege of former CIA director George Tenet and although 
he expressed some reservations about waterboarding, he was a defender 
of other Tenet-era torture programs. Now ensconced as a senior 
counterterrorism advisor, he has become the principle advocate of the 
"don't look back" mantra with respect to the misdeeds of the Bush 
years. And in this, Brennan's principal concern is the protection of 
Brennan and Tenet-but in the process he has emerged as Dick Cheney's 
clear champion.

The disclosure of the OLC memoranda presents a key policy fork in the 
road for Obama. If he is faithful to his commitment to transparency 
and to end torture, the government will have to come clean with these 
memos. If Obama keeps them under wraps, the public will have good 
reason to question his undertaking to end torture-and good reason to 
question whether a Cheney "shadow administration" actually has the 
power to influence policy.
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