Don’t Bork Gina Haspel By Rich Lowry

https://www.politico.com/magazine/story/2018/03/14/gina-haspel-bork-rich-lowry-217639

President Donald Trump’s pick for CIA director is about to experience a good Borking.

No one doubts her professionalism. President Barack Obama’s CIA director, Leon Panetta, told CNN she’s “a good officer,” “who really knows the CIA inside out.” She has the endorsement of Obama’s director of national intelligence, James Clapper, and of Mike Morell, who served as acting director of the CIA twice under Obama.

Haspel’s career at the agency since the 1980s, including extensive work undercover in the field, is getting blotted out by her reported involvement in the CIA’s black-site interrogation program, which has become a warrant to say anything about her.

Her critics assert she should be in jail, instead of running free at the CIA, and The New York Times editorial page wrote about her nomination under the headline, “Having a Torturer Lead the C.I.A.”

Not to be outdone in demagogic attacks on anyone associated with our national security apparatus, Sen. Rand Paul calls Haspel “the head cheerleader for waterboarding,” and claims she mocked a detainee for his drooling. The only problem is that this anecdote comes from a book by a contractor who worked with the CIA, James Mitchell, and it describes a man, not a woman, making the comment.

Their factual accuracy aside, the attacks on Haspel are ahistorical in that they ignore the context of the CIA program and unfair insofar as they portray her as a remorselessly cruel prime mover behind it.

The interrogation program began when Al Qaeda operative Abu Zubaydah was captured in March 2002, in the shadow of the Sept. 11 attacks.

Not until December 2001 had the rubble at Ground Zero been reduced to street level. In March, workers began searching for human remains in an area of the towers they hadn’t been able to reach yet. The last column wasn’t removed until the end of May. In 2002, we believed another attack was imminent and preventing it had an urgency fueled by raw memories of an event that was literally yesterday’s news.

In light of this pervasive feeling, it’s unsurprising that a broad political consensus supported doing what was necessary to get information from captured Al Qaeda leaders. The CIA repeatedly briefed select congressional leaders, especially the top Republicans and Democrats on the Intelligence committees. By all accounts, the program met with the assent of lawmakers. Later, when waterboarding become politically radioactive, Nancy Pelosi tried to say she didn’t know about it, even though a CIA memo said the interrogation techniques had been described to her in September 2002.

The briefings go to how the interrogation program wasn’t a rogue operation. It was approved at the highest level of the U.S. government and the CIA sought, and got, explicit legal approval from the Department of Justice. The enhanced interrogations of Zubaydah didn’t begin until Attorney General John Ashcroft verbally approved the methods. When he initially didn’t sign off on waterboarding, the CIA team waited until he did a few days later.

Haspel is connected in the press to the Zubaydah interrogations, although the CIA hasn’t confirmed her participation in the oversight of any particular detainee and insists much of the reporting about her work in this period is erroneous. Again, the Mitchell book suggests a man, not a woman, was in charge at the time. A New York Times report places her at the site in Thailand in question beginning in 2003, when Zubaydah was subjected to waterboarding in 2002.

But let’s consider Zubaydah’s case. He was not a detainee who had nothing to tell us, as he is often portrayed by critics of the CIA. Shortly after his capture, he identified Khalid Sheikh Mohammed as the mastermind of the 9/11 attacks and provided information about the so-called Dirty Bomb plot. In the run-up to the use of harsh interrogations techniques, according to the 2014 Senate Intelligence report on the interrogation program, “Abu Zubaydah provided information on Al-Qa’ida activities, plans, capabilities, and relationships,” in addition to information on “its leadership structure, including personalities, decision-making processes, training and tactics.”

The enhanced interrogations were brutal. Zubaydah was struck, placed in stress positions, confined in small boxes and repeatedly waterboarded. During one session, he became unresponsive, until he received medical care. By any standard, this was extreme and right up to the legal line.

The CIA didn’t learn of any planned attack in the U.S.; it did became confident that he wasn’t holding back any information about one. From his capture to his transfer to the Department of Defense on Sept. 5, 2006, there were 766 intelligence reports based on information from Zubaydah.

In the cold light of day, we would have handled all of this differently. The Bush administration shouldn’t have been as aggressive in its legal interpretations. We should have realized that we had more time to play with, and that the program itself would become a black mark in our reputation overseas and such a domestic flash point that we would basically lose all ability to interrogate detainees (droning became the preferred alternative).

But this was a national failing, and at a time when we understandably believed we were in a race to prevent another atrocity on our shores. To punish Gina Haspel more than 15 years later for doing what her country asked her to do, and in response to what she was told were lawful orders, would be a travesty and a disgrace.

But so were the confirmation hearings of Robert Bork.

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