Trump May Lift Ban on C.I.A. 'Black Site' Prisons

Wow!

This is major!

At the New York Times, "Trump Poised to Lift Ban on C.I.A. ‘Black Site’ Prisons":

NY Times reports Trump issuing exec order to re-open CIA black sites, bar ICRC access. #torture. Deplorable. https://t.co/WfvJZIshsz

— Craig Martin (@craigxmartin) January 25, 2017

WASHINGTON — The Trump administration is preparing a sweeping executive order that would clear the way for the C.I.A. to reopen overseas “black site” prisons, like those where it detained and tortured terrorism suspects before former President Barack Obama shut them down.

President Trump’s three-page draft order, titled “Detention and Interrogation of Enemy Combatants” and obtained by The New York Times, would also undo many of the other restrictions on handling detainees that Mr. Obama put in place in response to policies of the George W. Bush administration.

If Mr. Trump signs the draft order, he would also revoke Mr. Obama’s directive to give the International Committee of the Red Cross access to all detainees in American custody. That would be another step toward reopening secret prisons outside of the normal wartime rules established by the Geneva Conventions, although statutory obstacles would remain.

Mr. Obama tried to close the prison at Guantánamo Bay, Cuba, and refused to send new detainees there, but the draft order directs the Pentagon to continue using the site “for the detention and trial of newly captured” detainees — including not just more people suspected of being members of Al Qaeda or the Taliban, like the 41 remaining detainees, but also Islamic State detainees. It does not address legal problems that might raise.

The draft order does not direct any immediate reopening of C.I.A. prisons or revival of torture tactics, which are now banned by statute. But it sets up high-level policy reviews to make further recommendations in both areas to Mr. Trump, who vowed during the campaign to bring back waterboarding and a “hell of a lot worse” — not only because “torture works,” but because even “if it doesn’t work, they deserve it anyway.”

Elisa Massimino, the director of Human Rights First, denounced the draft order as “flirting with a return to the ‘enhanced interrogation program’ and the environment that gave rise to it.” She noted that numerous retired military leaders have rejected torture as “illegal, immoral and damaging to national security,” and she said that many of Mr. Trump’s cabinet nominees had seemed to share that view in their confirmation testimony.

“It would be surprising and extremely troubling if the national security cabinet officials were to acquiesce in an order like that after the assurances that they gave in their confirmation hearings,” she said.

A White House spokesman did not immediately respond to an email inquiring about the draft order, including when Mr. Trump may intend to sign it. But the order was accompanied by a one-page statement that criticized the Obama administration for having “refrained from exercising certain authorities” about detainees it said were critical to defending the country from “radical Islamism.”

Specifically, the draft order would revoke two executive orders about detainees that Mr. Obama issued in January 2009, shortly after his inauguration. One was Mr. Obama’s directive to close the Guantánamo prison and the other was his directive to end C.I.A. prisons, grant Red Cross access to all detainees and limit interrogators to the Army Field Manual techniques.

In their place, Mr. Trump’s draft order would resurrect a 2007 executive order issued by President Bush. It responded to a 2006 Supreme Court ruling about the Geneva Conventions that had put C.I.A. interrogators at risk of prosecution for war crimes, leading to a temporary halt of the agency’s “enhanced” interrogations program.

Mr. Bush’s 2007 order enabled the agency to resume a form of the program by specifically listing what sorts of prisoner abuses counted as war crimes. That made it safe for interrogators to use other tactics, like extended sleep deprivation, that were not on the list. Mr. Obama revoked that order as part of his 2009 overhaul of detention legal policy...

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