I haven’t been able to clear up the mystery either, beyond the fact that a former CIA officer aware of the details of the 2002 interrogation of the two al-Qaeda suspects told me that the tapes’ images were "horrific." He believes that although the interrogations fell within the guidelines provided by the Department of Justice, if the public ever saw them, it would conclude that "enhanced interrogation" is just another name for torture.
But what’s really too bad is that Durham hasn’t been tasked with explaining the broader mystery of why, in the first place, is the CIA is even interrogating prisoners of war. The 1947 National Security Act established the CIA as a civilian spy agency, not as some Pentagon backroom where you get to do things you don’t want the American people to find out about. But more to the point, the military is much better equipped to interrogate prisoners. It has its own interrogation school at Fort Huachuca, not to mention hundreds of language – qualified and experienced interrogators. It also has the Uniform Code of Military Justice to deal with interrogations that have gone bad [some almost inevitably do]. Unlike the CIA, military interrogators have immediate access to legal counsel. It’s not an accident that military misdeeds such as those at Abu Ghraib go right to trial, while CIA investigations drag on for years — and drag down morale.
I’ve read some answers to that question, even speculated on a few myself, but they’re unsatisfying. In fact, there are a number of questions like that one that we seem to have answers to, but maybe not the answer. Why did the OLC have a John Yoo in it in the first place, turning out Memos that changed our government? so quickly? Why suspend the Geneva Conventions? Why "the Dark Side" in Cheney’s Meet the Press interview five days after 9/11? Why marginalize the State Department, having appointed the Secretary of State yourself? Why the "Axis of Evil," the "War on Terror?" Why the "Unitary Executive" or "American Exceptionalism," or unwarranted domestic surveillance, or any of it? What was wrong with the way our government was structured before?
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