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19 June 2007

thanks of a grateful nation [Part 2] / Army Major General Taguba investigates Abu Ghraib, and is pushed under a bus

US Army military police handler and dog, and prisoner at Abu Ghraib prison, Iraq. Photo first published in the USA media by The Washington Post.

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Posted by adam to Vleeptron_Z at Tuesday, 19 June, 2007
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* the frequent fliers
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Since Seymour Hersh's New Yorker story hit the newstands and wires, it has resonated, helped by a series of high-profile prime-time TV news interviews with Hersh. Donald Rumsfeld, leader of the Bush neocon Shock & Awe warhawk cabal which designed and pushed the war with Iraq, managed to resign or be eased out of his job as Secretary of Defense without being pierced by any specific "smoking gun" scandals. As outrage over the entire spectrum of the epic bungle of Iraq has grown, Rumsfeld's political escape was worthy of Houdini.

But retired Army Major General Antonio Taguba, and Hersh's story about his official Abu Ghraib investigation, specifically accuse Rumsfeld of either lying under oath to a U.S. Senate committee, or testifying in an unimaginable state of blindness, deafness and denial about the Mother Of All Bathtub Elephants.

The story also raises, or resurrects, profound questions about military command and control regarding prisoners and detainees in Iraq, Afghanistan, Guantanamo, and in other secret facilities established or supervised by the CIA.

Intelligence has always been of great importance in past American wars. But in Iraq and the War on Terror, Hersh and Taguba illuminate this era's most troubling question: During this American war, is the dog -- the military -- wagging its tail, or is the tail -- non-military intelligence agencies and even totally unaccountable private mercenary contractors -- wagging the dog?

Taguba and Hersh strongly imply that the Pentagon severely restricted Taguba's investigation to activities strictly within the US military, and he was essentially ordered not to look into the role of the "black bag" non-military intelligence people who appear to have been the ones who were really calling the shots at the US military prison at Abu Ghraib. The tail was wagging the dog, and the dog was ordered not to look into that state of affairs.

As a result, The Usual Suspects -- low-ranking Army military police NCOs and enlisted women and men and low-ranking Army officers -- have to date been the only ones subjected to any courts martial regarding the activities at Abu Ghraib. And the official Pentagon story, centered around Taguba's report, insists Abu Ghraib was an isolated Army MP aberration not representative of America's global conduct in Iraq, Afghanistan and the War on Terror.

But Hersh and Taguba suggest that a true understanding of Abu Ghraib requires us to look elsewhere, in locked rooms and down dark corridors, among personnel who are nearly impossible to identify and who work beyond the reach of accountability, investigations or justice. Some don't even officially work for the US government, but rather for private security contractors set up by former US military officers -- mercenaries.

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[first half of story]

The New Yorker (weekly national magazine)
New York City USA
Tuesday 19 June 2007


Annals of National Security

How Antonio Taguba, who investigated the Abu Ghraib scandal, became one of its casualties.

by Seymour M. Hersh

Surprisingly, given Taguba’s findings, Miller was the officer chosen to restore order at Abu Ghraib. In April, 2004, a month after the report was filed, he was reassigned there as the deputy commander for detainee operations. “Miller called in the spring and asked to meet with me to discuss Abu Ghraib, but I waited for him and we never did meet,” Taguba recounted. Miller later told Taguba that he’d been ordered to Washington to meet with Rumsfeld before travelling to Iraq, but he never attempted to reschedule the meeting.

If they had spoken, Taguba said, he would have reminded Miller that at Abu Ghraib, unlike at Guantánamo, very few prisoners were affiliated with any terrorist group. Taguba had seen classified documents revealing that there were only “one or two” suspected Al Qaeda prisoners at Abu Ghraib. Most of the detainees had nothing to do with the insurgency. A few of them were common criminals.

Taguba had known Miller for years. “We served together in Korea and in the Pentagon, and his wife and mine used to go shopping together,” Taguba said. But, after his report became public, “Miller didn’t talk to me. He didn’t say a word when I passed him in the hallway.”

Despite the subsequent public furor over Abu Ghraib, neither the House nor the Senate Armed Services Committee hearings led to a serious effort to determine whether the scandal was a result of a high-level interrogation policy that encouraged abuse. At the House Committee hearing on May 7, 2004, a freshman Democratic congressman, Kendrick Meek, of Florida, asked Rumsfeld if it was time for him to resign. Rumsfeld replied, “I would resign in a minute if I thought that I couldn’t be effective. . . . I have to wrestle with that.” But, he added, “I’m certainly not going to resign because some people are trying to make a political issue out of it.” (Rumsfeld stayed in office for the next two and a half years, until the day after the 2006 congressional elections.) When I spoke to Meek recently, he said, “There was no way Rumsfeld didn’t know what was going on. He’s a guy who wants to know everything, and what he was giving us was hard to believe.”

Later that month, Rumsfeld appeared before a closed hearing of the House Defense Appropriations Subcommittee, which votes on the funds for all secret operations in the military. Representative David Obey, of Wisconsin, the senior Democrat at the hearing, told me that he had been angry when a fellow subcommittee member “made the comment that ‘Abu Ghraib was the price of defending democracy.’ I said that wasn’t the way I saw it, and that I didn’t want to see some corporal made into a scapegoat. This could not have happened without people in the upper echelon of the Administration giving signals. I just didn’t see how this was not systemic.”

Obey asked Rumsfeld a series of pointed questions. Taguba attended the closed hearing with Rumsfeld and recalled him bristling at Obey’s inquiries. “I don’t know what happened!” Rumsfeld told Obey. “Maybe you want to ask General Taguba.”

Taguba got a chance to answer questions on May 11th, when he was summoned to appear before the Senate Armed Services Committee. Under-Secretary Stephen Cambone sat beside him. (Cambone was Rumsfeld’s point man on interrogation policy.) Cambone, too, told the committee that he hadn’t known about the specific abuses at Abu Ghraib until he saw Taguba’s report, “when I was exposed to some of those photographs.”

Carl Levin, Democrat of Michigan, tried to focus on whether Abu Ghraib was the consequence of a larger detainee policy. “These acts of abuse were not the spontaneous actions of lower-ranking enlisted personnel,” Levin said. “These attempts to extract information from prisoners by abusive and degrading methods were clearly planned and suggested by others.” The senators repeatedly asked about General Miller’s trip to Iraq in 2003. Did the “Gitmo-izing” of Abu Ghraib—especially the model of using the M.P.s in “setting the conditions” for interrogations—lead to the abuses?

Cambone confirmed that Miller had been sent to Iraq with his approval, but insisted that the senators were “misreading General Miller’s intent.” Questioned on that point by Senator Jack Reed, Democrat of Rhode Island, Cambone said, “I don’t know that I was being told, and I don’t know that General Miller said that there should be that kind of activity that you are ascribing to his recommendation.”

Reed then asked Taguba, “Was it clear from your reading of the [Miller] report that one of the major recommendations was to use guards to condition these prisoners?” Taguba replied, “Yes, sir. That was recommended on the report.”

At another point, after Taguba confirmed that military intelligence had taken control of the M.P.s following Miller’s visit, Levin questioned Cambone:

LEVIN: Do you disagree with what the general just said?
CAMBONE: Yes, sir.
LEVIN: Pardon?
CAMBONE: I do.

Taguba, looking back on his testimony, said, “That’s the reason I wasn’t in their camp — because I kept on contradicting them. I wasn’t about to lie to the committee. I knew I was already in a losing proposition. If I lie, I lose. And, if I tell the truth, I lose.”

Taguba had been scheduled to rotate to the Third Army’s headquarters, at Fort McPherson, Georgia, in June of 2004. He was instead ordered back to the Pentagon, to work in the office of the Assistant Secretary of Defense for Reserve Affairs. “It was a lateral assignment,” Taguba said, with a smile and a shrug. “I didn’t quibble. If you’re going to do that to me, well, O.K. We all serve at the pleasure of the President.” A retired four-star Army general later told Taguba that he had been sent to the job in the Pentagon so that he could “be watched.” Taguba realized that his career was at a dead end.

Later in 2004, Taguba encountered Rumsfeld and one of his senior press aides, Lawrence Di Rita, in the Pentagon Athletic Center. Taguba was getting dressed after a workout. “I was tying my shoes,” Taguba recalled. “I looked up, and there they were.” Rumsfeld, who was putting his clothes into a locker, recognized Taguba and said, “Hello, General.” Di Rita, who was standing beside Rumsfeld, said sarcastically, “See what you started, General? See what you started?”

Di Rita, who is now an official with Bank of America, recalled running into Taguba in the locker room but not his words. “Sounds like my brand of humor,” he said, in an e-mail. “A comment like that would have been in an attempt to lighten the mood for General Taguba.” (Di Rita added that Taguba had “my personal respect and admiration” and that of Rumsfeld. “He did a terrific job under difficult circumstances.”) However, Taguba was troubled by the encounter, and later told a colleague, “I’m now the problem.”

DENIABILITY

A dozen government investigations have been conducted into Abu Ghraib and detainee abuse. A few of them picked up on matters raised by Taguba’s report, but none followed through on the question of ultimate responsibility. Military investigators were precluded from looking into the role of Rumsfeld and other civilian leaders in the Pentagon; the result was that none found any high-level intelligence involvement in the abuse.

An independent panel headed by James R. Schlesinger, a former Secretary of Defense, did conclude that there was “institutional and personal responsibility at higher levels” for Abu Ghraib, but cleared Rumsfeld of any direct responsibility. In an August, 2004, report, the Schlesinger panel endorsed Rumsfeld’s complaints, citing “the reluctance to move bad news up the chain of command” as the most important factor in Washington’s failure to understand the significance of Abu Ghraib. “Given the magnitude of this problem, the Secretary of Defense and other senior DoD officials need a more effective information pipeline to inform them of high-profile incidents,” the report said. Schlesinger and his colleagues apparently were unaware of the early e-mail messages that had informed the Pentagon of Abu Ghraib.

The official inquiries consistently provided the public with less information about abuses than outside studies conducted by human-rights groups. In one case, in November, 2004, an Army investigation, by Brigadier General Richard Formica, into the treatment of detainees at Camp Nama, a Special Forces detention center at Baghdad International Airport, concluded that detainees who reported being sodomized or beaten were seeking sympathy and better treatment, and thus were not credible. For example, Army doctors had initially noted that a complaining detainee’s wounds were “consistent with the history [of abuse] he provided. . . . The doctor did find scars on his wrists and noted what he believed to be an anal fissure.” Formica had the detainee reëxamined two days later, by another doctor, who found “no fissure, and no scarring. . . . As a result, I did not find medical evidence of the sodomy.” In the case of a detainee who died in custody, Formica noted that there had been bruising to the “shoulders, chest, hip, and knees” but added, “It is not unusual for detainees to have minor bruising, cuts and scrapes.” In July, 2006, however, Human Rights Watch issued a fifty-three-page report on the “serious mistreatment” of detainees at Camp Nama and two other sites, largely based on witness accounts from Special Forces interrogators and others who served there.

Formica, asked to comment, wrote in an e-mail, “I conducted a thorough investigation . . . and stand by my report.” He said that “several issues” he discovered “were corrected.” His assignment, Formica noted, was to investigate a unit, and not to conduct “a systematic analysis of Special Operations activities.”

The Army also protected General Miller. Since 2002, F.B.I. agents at Guantánamo had been telling their superiors that their military counterparts were abusing detainees. The F.B.I. complaints were ignored until after Abu Ghraib. When an investigation was opened, in December, 2004, General Craddock, Rumsfeld’s former military aide, was in charge of the Army’s Southern Command, with jurisdiction over Guantánamo—he had been promoted a few months after Taguba’s visit to Rumsfeld’s office. Craddock appointed Air Force Lieutenant General Randall M. Schmidt, a straight-talking fighter pilot, to investigate the charges, which included alleged abuses during Miller’s tenure.

“I followed the bread-crumb trail,” Schmidt, who retired last year, told me. “I found some things that didn’t seem right. For lack of a camera, you could have seen in Guantánamo what was seen at Abu Ghraib.”

Schmidt found that Miller, with the encouragement of Rumsfeld, had focussed great attention on the interrogation of Mohammed al-Qahtani, a Saudi who was believed to be the so-called “twentieth hijacker.” Qahtani was interrogated “for twenty hours a day for at least fifty-four days,” Schmidt told investigators from the Army Inspector General’s office, who were reviewing his findings. “I mean, here’s this guy manacled, chained down, dogs brought in, put in his face, told to growl, show teeth, and that kind of stuff. And you can imagine the fear.”

At Guantánamo, Schmidt told the investigators, Miller “was responsible for the conduct of interrogations that I found to be abusive and degrading. The intent of those might have been to be abusive and degrading to get the information they needed. . . . Did the means justify the ends? That’s fine. . . . He was responsible.”

Schmidt formally recommended that Miller be “held accountable” and “admonished.” Craddock rejected this recommendation and absolved Miller of any responsibility for the mistreatment of the prisoners. The Inspector General inquiry endorsed Craddock’s action. “I was open with them,” Schmidt told me, referring to the I.G. investigators. “I told them, ‘I’ll do anything to help you get the truth.’ ” But when he read their final report, he said, “I didn’t recognize the five hours of interviews with me.”

Schmidt learned of Craddock’s reversal the day before they were to meet with Rumsfeld, in July, 2005. Rumsfeld was in frequent contact with Miller about the progress of Qahtani’s interrogation, and personally approved the most severe interrogation tactics. (“This wasn’t just daily business, when the Secretary of Defense is personally involved,” Schmidt told the Army investigators.) Nonetheless, Schmidt was impressed by Rumsfeld’s demonstrative surprise, dismay, and concern upon being told of the abuse. “He was going, ‘My God! Did I authorize putting a bra and underwear on this guy’s head and telling him all his buddies knew he was a homosexual?’ ”

Schmidt was convinced. “I got to tell you that I never got the feeling that Secretary Rumsfeld was trying to hide anything,” he told me. “He got very frustrated. He’s a control guy, and this had gotten out of control. He got pissed.”

Rumsfeld’s response to Schmidt was similar to his expressed surprise over Taguba’s Abu Ghraib report. “Rummy did what we called ‘case law’ policy—verbal and not in writing,” Taguba said. “What he’s really saying is that if this decision comes back to haunt me I’ll deny it.”

Taguba eventually concluded that there was a reason for the evasions and stonewalling by Rumsfeld and his aides. At the time he filed his report, in March of 2004, Taguba said, “I knew there was C.I.A. involvement, but I was oblivious of what else was happening” in terms of covert military-intelligence operations. Later that summer, however, he learned that the C.I.A. had serious concerns about the abusive interrogation techniques that military-intelligence operatives were using on high-value detainees. In one secret memorandum, dated June 2, 2003, General George Casey, Jr., then the director of the Joint Staff in the Pentagon, issued a warning to General Michael DeLong, at the Central Command:

CIA has advised that the techniques the military forces are using to interrogate high value detainees (HVDs) . . . are more aggressive than the techniques used by CIA who is [sic] interviewing the same HVDs.

DeLong replied to Casey that the techniques in use were “doctrinally appropriate techniques,” in accordance with Army regulations and Rumsfeld’s direction.

THE TASK FORCES

Abu Ghraib had opened the door on the issue of the treatment of detainees, and from the beginning the Administration feared that the publicity would expose more secret operations and practices. Shortly after September 11th, Rumsfeld, with the support of President Bush, had set up military task forces whose main target was the senior leadership of Al Qaeda. Their essential tactic was seizing and interrogating terrorists and suspected terrorists; they also had authority from the President to kill certain high-value targets on sight. The most secret task-force operations were categorized as Special Access Programs, or S.A.P.s.

The military task forces were under the control of the Joint Special Operations Command, the branch of the Special Operations Command that is responsible for counterterrorism. One of Miller’s unacknowledged missions had been to bring the J.S.O.C.’s “strategic interrogation” techniques to Abu Ghraib. In special cases, the task forces could bypass the chain of command and deal directly with Rumsfeld’s office. A former senior intelligence official told me that the White House was also briefed on task-force operations.

The former senior intelligence official said that when the images of Abu Ghraib were published, there were some in the Pentagon and the White House who “didn’t think the photographs were that bad” — in that they put the focus on enlisted soldiers, rather than on secret task-force operations. Referring to the task-force members, he said, “Guys on the inside ask me, ‘What’s the difference between shooting a guy on the street, or in his bed, or in a prison?’ ” A Pentagon consultant on the war on terror also said that the “basic strategy was ‘prosecute the kids in the photographs but protect the big picture.’ ”

A recently retired C.I.A. officer, who served more than fifteen years in the clandestine service, told me that the task-force teams “had full authority to whack — to go in and conduct ‘executive action,’ ” the phrase for political assassination. “It was surrealistic what these guys were doing,” the retired operative added. “They were running around the world without clearing their operations with the ambassador or the chief of station.”

J.S.O.C.’s special status undermined military discipline. Richard Armitage, the former Deputy Secretary of State, told me that, on his visits to Iraq, he increasingly found that “the commanders would say one thing and the guys in the field would say, ‘I don’t care what he says. I’m going to do what I want.’ We’ve sacrificed the chain of command to the notion of Special Operations and GWOT” — the global war on terrorism. “You’re painting on a canvas so big that it’s hard to comprehend,” Armitage said.

Thomas W. O’Connell, who resigned this spring after nearly four years as the Assistant Secretary of Defense for Special Operations and Low-Intensity Conflict, defended the task forces. He blamed the criticisms on the resentment of the rest of the military: “From my observation, the operations run by Special Ops units are extraordinarily open in terms of interagency visibility to embassies and C.I.A. stations — even to the point where there’s been a question of security.” O’Connell said that he dropped in unannounced to Special Operations interrogation centers in Iraq, “and the treatment of detainees was aboveboard.” He added, “If people want to say we’ve got a serious problem with Special Operations, let them say it on the record.”

Representative Obey told me that he had been troubled, before the Iraq war, by the Administration’s decision to run clandestine operations from the Pentagon, saying that he “found some of the things they were doing to be disquieting.” At the time, his Republican colleagues blocked his attempts to have the House Appropriations Committee investigate these activities. “One of the things that bugs me is that Congress has failed in its oversight abilities,” Obey said. Early last year, at his urging, his subcommittee began demanding a classified quarterly report on the operations, but Obey said that he has no reason to believe that the reports are complete.

A former high-level Defense Department official said that, when the Abu Ghraib scandal broke, Senator John Warner, then the chairman of the Armed Services Committee, was warned “to back off” on the investigation, because “it would spill over to more important things.” A spokesman for Warner acknowledged that there had been pressure on the Senator, but said that Warner had stood up to it—insisting on putting Rumsfeld under oath for his May 7th testimony, for example, to the Secretary’s great displeasure.

An aggressive congressional inquiry into Abu Ghraib could have provoked unwanted questions about what the Pentagon was doing, in Iraq and elsewhere, and under what authority. By law, the President must make a formal finding authorizing a C.I.A. covert operation, and inform the senior leadership of the House and the Senate Intelligence Committees. However, the Bush Administration unilaterally determined after 9/11 that intelligence operations conducted by the military—including the Pentagon’s covert task forces — for the purposes of “preparing the battlefield” could be authorized by the President, as Commander-in-Chief, without telling Congress.

There was coördination between the C.I.A. and the task forces, but also tension. The C.I.A. officers, who were under pressure to produce better intelligence in the field, wanted explicit legal authority before aggressively interrogating high-value targets. A finding would give operatives some legal protection for questionable actions, but the White House was reluctant to put what it wanted in writing.

A recently retired high-level C.I.A. official, who served during this period and was involved in the drafting of findings, described to me the bitter disagreements between the White House and the agency over the issue. “The problem is what constituted approval,” the retired C.I.A. official said. “My people fought about this all the time. Why should we put our people on the firing line somewhere down the road? If you want me to kill Joe Smith, just tell me to kill Joe Smith. If I was the Vice-President or the President, I’d say, ‘This guy Smith is a bad guy and it’s in the interest of the United States for this guy to be killed.’ They don’t say that. Instead, George” — George Tenet, the director of the C.I.A. until mid-2004 — “goes to the White House and is told, ‘You guys are professionals. You know how important it is. We know you’ll get the intelligence.’ George would come back and say to us, ‘Do what you gotta do.’ ”

Bill Harlow, a spokesman for Tenet, depicted as “absurd” the notion that the C.I.A. director told his agents to operate outside official guidelines. He added, in an e-mailed statement, “The intelligence community insists that its officers not exceed the very explicit authorities granted.” In his recently published memoir, however, Tenet acknowledged that there had been a struggle “to get clear guidance” in terms of how far to go during high-value-detainee interrogations.

The Pentagon consultant said in an interview late last year that “the C.I.A. never got the exact language it wanted.” The findings, when promulgated by the White House, were “very calibrated” to minimize political risk, and limited to a few countries; later, they were expanded, turning several nations in North Africa, the Middle East, and Asia into free-fire zones with regard to high-value targets. I was told by the former senior intelligence official and a government consultant that after the existence of secret C.I.A. prisons in Europe was revealed, in the Washington Post, in late 2005, the Administration responded with a new detainee center in Mauritania. After a new government friendly to the U.S. took power, in a bloodless coup d’état in August, 2005, they said, it was much easier for the intelligence community to mask secret flights there.

“The dirt and secrets are in the back channel,” the former senior intelligence officer noted. “All this open business — sitting in staff meetings, etc., etc. — is the Potemkin Village stuff. And the good guys — like Taguba — are gone.”

In some cases, the secret operations remained unaccountable. In an April, 2005, memorandum, a C.I.D. officer — his name was redacted — complained to C.I.D. headquarters, at Fort Belvoir, Virginia, about the impossibility of investigating military members of a Special Access Program suspected of prisoner abuse:

[C.I.D.] has been unable to thoroughly investigate . . . due to the suspects and witnesses involvement in Special Access Programs (SAP) and/or the security classification of the unit they were assigned to during the offense under investigation. Attempts by Special Agents . . . to be “read on” to these programs has [sic] been unsuccessful.

The C.I.D. officer wrote that “fake names were used” by members of the task force; he also told investigators that the unit had a “major computer malfunction which resulted in them losing 70 per cent of their files; therefore, they can’t find the cases we need to review.”

The officer concluded that the investigation “does not need to be reopened. Hell, even if we reopened it we wouldn’t get any more information than we already have.”

CONSEQUENCES

Rumsfeld was vague, in his appearances before Congress, about when he had informed the President about Abu Ghraib, saying that it could have been late January or early February. He explained that he routinely met with the President “once or twice a week . . . and I don’t keep notes about what I do.” He did remember that in mid-March he and General Myers were “meeting with the President and discussed the reports that we had obviously heard” about Abu Ghraib.

Whether the President was told about Abu Ghraib in January (when e-mails informed the Pentagon of the seriousness of the abuses and of the existence of photographs) or in March (when Taguba filed his report), Bush made no known effort to forcefully address the treatment of prisoners before the scandal became public, or to reëvaluate the training of military police and interrogators, or the practices of the task forces that he had authorized. Instead, Bush acquiesced in the prosecution of a few lower-level soldiers. The President’s failure to act decisively resonated through the military chain of command: aggressive prosecution of crimes against detainees was not conducive to a successful career.

In January of 2006, Taguba received a telephone call from General Richard Cody, the Army’s Vice-Chief of Staff. “This is your Vice,” he told Taguba. “I need you to retire by January of 2007.” No pleasantries were exchanged, although the two generals had known each other for years, and, Taguba said, “He offered no reason.” (A spokesperson for Cody said, “Conversations regarding general officer management are considered private personnel discussions. General Cody has great respect for Major General Taguba as an officer, leader, and American patriot.”)

“They always shoot the messenger,” Taguba told me. “To be accused of being overzealous and disloyal—that cuts deep into me. I was being ostracized for doing what I was asked to do.”

Taguba went on, “There was no doubt in my mind that this stuff”—the explicit images—“was gravitating upward. It was standard operating procedure to assume that this had to go higher. The President had to be aware of this.” He said that Rumsfeld, his senior aides, and the high-ranking generals and admirals who stood with him as he misrepresented what he knew about Abu Ghraib had failed the nation.

“From the moment a soldier enlists, we inculcate loyalty, duty, honor, integrity, and selfless service,” Taguba said. “And yet when we get to the senior-officer level we forget those values. I know that my peers in the Army will be mad at me for speaking out, but the fact is that we violated the laws of land warfare in Abu Ghraib. We violated the tenets of the Geneva Convention. We violated our own principles and we violated the core of our military values. The stress of combat is not an excuse, and I believe, even today, that those civilian and military leaders responsible should be held accountable.”

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