The Roots Of Torture

But in practical terms those distinctions began to matter less. The Pentagon's resistance to rougher techniques eroded month by month. In part this was because CIA interrogators were increasingly in the same room as their military-intelligence counterparts. But there was also a deliberate effort by top Pentagon officials to loosen the rules binding the military.

Toward the end of 2002, orders came down the political chain at DOD that the Geneva Conventions were to be reinterpreted to allow tougher methods of interrogation. "There was almost a revolt" by the service judge advocates general, or JAGs, the top military lawyers who had originally allied with Powell against the new rules, says a knowledgeable source. The JAGs, including the lawyers in the office of the chairman of the Joint Chiefs, Gen. Richard Myers, fought their civilian bosses for months--but finally lost. In April 2003, new and tougher interrogation techniques were approved. Covertly, though, the JAGs made a final effort. They went to see Scott Horton, a specialist in international human-rights law and a major player in the New York City Bar Association's human-rights work. The JAGs told Horton they could only talk obliquely about practices that were classified. But they said the U.S. military's 50-year history of observing the demands of the Geneva Conventions was now being overturned. "There is a calculated effort to create an atmosphere of legal ambiguity" about how the conventions should be interpreted and applied, they told Horton. And the prime movers in this effort, they told him, were DOD Under Secretary for Policy Douglas Feith and DOD general counsel William Haynes. There was, they warned, "a real risk of a disaster" for U.S. interests.

The approach at Gitmo soon reflected these changes. Under the leadership of an aggressive, self-assured major general named Geoffrey Miller, a new set of interrogation rules became doctrine. Ultimately what was developed at Gitmo was a "72-point matrix for stress and duress," which laid out types of coercion and the escalating levels at which they could be applied. These included the use of harsh heat or cold; withholding food; hooding for days at a time; naked isolation in cold, dark cells for more than 30 days, and threatening (but not biting) by dogs. It also permitted limited use of "stress positions" designed to subject detainees to rising levels of pain.

While the interrogators at Gitmo were refining their techniques, by the summer of 2003 the "postwar" insurgency in Iraq was raging. And Rumsfeld was getting impatient about the poor quality of the intelligence coming out of there. He wanted to know: Where was Saddam? Where were the WMD? Most immediately: Why weren't U.S. troops catching or forestalling the gangs planting improvised explosive devices by the roads? Rumsfeld pointed out that Gitmo was producing good intel. So he directed Steve Cambone, his under secretary for intelligence, to send Gitmo commandant Miller to Iraq to improve what they were doing out there. Cambone in turn dispatched his deputy, Lt. Gen. William (Jerry) Boykin--later to gain notoriety for his harsh comments about Islam--down to Gitmo to talk with Miller and organize the trip. In Baghdad in September 2003, Miller delivered a blunt message to Brig. Gen. Janis Karpinski, who was then in charge of the 800th Military Police Brigade running Iraqi detentions. According to Karpinski, Miller told her that the prison would thenceforth be dedicated to gathering intel. (Miller says he simply recommended that detention and intelligence commands be integrated.) On Nov. 19, Abu Ghraib was formally handed over to tactical control of military-intelligence units.

By the time Gitmo's techniques were exported to Abu Ghraib, the CIA was already fully involved. On a daily basis at Abu Ghraib, says Paul Wayne Bergrin, a lawyer for MP defendant Sgt. Javal Davis, the CIA and other intel officials "would interrogate, interview prisoners exhaustively, use the approved measures of food and sleep deprivation, solitary confinement with no light coming into cell 24 hours a day. Consequently, they set a poor example for young soldiers but it went even further than that."

Today there is no telling where the scandal will bottom out. But it is growing harder for top Pentagon officials, including Rumsfeld himself, to absolve themselves of all responsibility. Evidence is growing that the Pentagon has not been forthright on exactly when it was first warned of the alleged abuses at Abu Ghraib. U.S. officials continued to say they didn't know until mid-January. But Red Cross officials had alerted the U.S. military command in Baghdad at the start of November. The Red Cross warned explicitly of MPs' conducting "acts of humiliation such as [detainees'] being made to stand naked... with women's underwear over the head, while being laughed at by guards, including female guards, and sometimes photographed in this position." Karpinski recounts that the military-intel officials there regarded this criticism as funny. She says: "The MI officers said, 'We warned the [commanding officer] about giving those detainees the Victoria's Secret catalog, but he wouldn't listen'." The Coalition commander in Iraq, Lt. Gen. Ricardo Sanchez, and his Iraq command didn't begin an investigation until two months later, when it was clear the pictures were about to leak.