By Mark Mazzetti,
Julian E. Barnes and Edward T. Pound
|
Late last August, the Pentagon
dispatched Maj. Gen. Geoffrey Miller and a team of some
two dozen staffers to Iraq on a mission of the utmost
urgency. Months had passed since the United States began
its uneasy occupation of Iraq, but a lethal rear-guard
insurgency was still claiming the lives of American soldiers
almost every day. Saddam Hussein was still on the run,
and U.S. commanders had precious little intelligence about
who was behind the spate of deadly attacks like the destruction
of the United Nations headquarters in Baghdad. Inside
the Pentagon, war planners had come to the conclusion
that human intelligence was the key to ending the insurgency.
And Miller got the task of helping to extract that intelligence
from the thousands of prisoners detained inside U.S. military
facilities across Iraq.
What Miller discovered when he got there was chaos. Unlike
the Pentagon's terrorist detention facility at Guantanamo
Bay, Cuba, which Miller had commanded since the fall of
2002, U.S. oversight of the Iraqi prisons was almost nonexistent,
and it showed. Exhausted military police were guarding
overcrowded cellblocks in the 120-degree summer heat.
Morale and discipline within the military police units
were at rock bottom. And, most important, there were no
established guidelines for interrogating low-level detainees
captured during raids in places like Baghdad and Fallujah.
Miller did his homework. Then he submitted his recommendations
about how to overhaul the U.S. military prison system.
His report went to Lt. Gen. Ricardo Sanchez, the top U.S.
military commander in Iraq. These conclusions, largely
adopted by Sanchez, led to a dramatic change in how Iraqi
prisons were run and how detainees were interrogated.
What investigators want to know now is whether these recommendations
also set in motion a chain of events that may have led
to the abuses at Abu Ghraib prison.
Despite thousands of grisly photographs and hours of congressional
testimony, the questions about who should pay for the
abuses carried out by the 372nd Military Police Company
still far outnumber the answers. Legal procedures have
begun for seven low-level soldiers, but what is increasingly
clear is that ultimate responsibility doesn't rest solely
with a handful of poorly trained troops. The much-awaited
testimony of the mild-mannered Maj. Gen. Antonio Taguba
last week pointed the finger squarely at the MP s'top
commander, Brig. Gen. Janis Karpinski, but there is growing
evidence that some degree of culpability may reside further
up the chain of command.
The repercussions of the prison scandal are already far
more serious than the usual Washington parlor games about
who gets to keep his job and who gets the boot. Inside
an anonymous room shown on a snippet of grainy video,
five hooded men stood above abducted American Nicholas
Berg and proclaimed that the abuses at Abu Ghraib "will
be redeemed by blood and souls" and that the United
States "will see nothing from us except corpse after
corpse and casket after casket of those slaughtered in
this fashion." Moments later, one of the hooded men
shoved the 26-year-old Pennsylvanian to the floor and
cut off his head.
That the Abu Ghraib scandal has become propaganda for
international terrorists makes U.S. officials all the
more determined to publicly punish those responsible for
the abuses. This week, Spc. Jeremy Sivits will be the
first tried for his alleged offenses, facing a court-martial,
open to the press, inside the cavernous Baghdad Convention
Center. Sivits is believed to have cut a deal in exchange
for a lighter sentence and is likely to testify that soldiers
acted without instructions from above. But other accused
members of the 372nd MP Company are expected to fall back
on a familiar defense, one offered in military trials
throughout history: They were only following orders. But
orders from whom?
"Influenced." According to Taguba, who last
week received star treatment as deferential senators praised
his courage for exposing the abuses, the seven MP s may
have been "influenced" by the intelligence operatives
who controlled detainee interrogations at Abu Ghraib.
A separate investigation, conducted by Maj. Gen. George
Fay, is examining the role military intelligence soldiers--members
of the 205th Military Intelligence Brigade, commanded
by Col. Thomas Pappas--may have played in the torture
and humiliation memorialized in the photos.
U.S. News has learned that Pappas has already tried to
shift blame higher up the chain of command. In a still-classified
statement to military investigators, Pappas said changes
in interrogation policies were "enacted as the result
of a specific visit by Maj. Gen. Geoffrey Miller"
to Abu Ghraib last summer. Among those policies were plans
to "develop dedicated MP s to support interrogations."
The guidelines Miller gave to Sanchez remain classified,
but investigators have said they found no evidence that
Miller ever advocated the types of abusive behavior that
went on in Abu Ghraib. According to Taguba, Miller advised
that the MP s be "actively engaged in setting the
conditions for successful exploitation of the internees."
Miller's recommendations appear to have formed the basis
for a set of interrogation guidelines Sanchez issued in
October, guidelines that have become a focus of congressional
scrutiny. The guidelines allow sleep deprivation, forcing
prisoners into "stress" positions for up to
45 minutes, and threatening them with guard dogs. Late
last week, the Pentagon announced it would ban these practices.
Last Wednesday, Defense Secretary Donald Rumsfeld had
defended Sanchez's guidelines during congressional testimony,
saying that Pentagon lawyers had vetted them before they
were implemented. A day later, Rumsfeld's deputy, Paul
Wolfowitz, said under questioning from Sen. Jack Reed
(news, bio, voting record) of Rhode Island that he was
unaware of such a review and conceded that the guidelines
may have been in violation of the Geneva Conventions.
Says Reed: "All those things raise very serious questions
when the rule is no physical or moral coercion."
And, according to a former Pentagon official who worked
on detainee policy, if the Iraq guidelines been submitted
for policy review, they would have raised "red flags."
"We would have been concerned over anything that
would have been physically coercive," the former
official said.
Passed down a confusing command structure without clear
lines of authority, the Sanchez guidelines--which condone
at least a degree of physical coercion of prisoners--led
to the disaster at Abu Ghraib. Ordinarily, the U.S. military
relies on a crystal-clear chain of command in which all
officers and enlisted soldiers know to whom they answer.
Yet the soldiers charged in the Abu Ghraib scandal sat
at bottom of a dysfunctional and shifting command structure
that even now defies clear explanation.
Contradictions. Two factors in particular confused the
question of who was in charge. The first was Miller's
visit. Although Miller was outside the chain of command
in Iraq, Rumsfeld had blessed his visit, and Miller seemed
to exert broad authority over the prison system in Iraq.
Second, a November 19 order inspired by Miller's visit
put military intelligence in charge of the MP s at Abu
Ghraib and directed guards to assist in prisoner interrogations.
Last week, Taguba told Congress that this order ran counter
to Army doctrine and created confusion. Stephen Cambone,
the Pentagon's under secretary for intelligence, who had
dispatched Miller to Iraq, disagreed with Taguba, prompting
Sen. Edward Kennedy (news, bio, voting record) of Massachusetts
to ask pointedly: "If you have two entirely different
kinds of viewpoints on this issue, how in the world are
the military police . . . going to be able to get it straight?"
In his examination of the 800th MP Brigade and Abu Ghraib,
Taguba was sharply critical of Karpinski's leadership.
His report says that she failed to ensure that her soldiers
understood the protections afforded to prisoners by the
Geneva Conventions and that she failed to "enforce
basic soldier standards throughout her command."
Taguba's assessment of Karpinski appears to rely, in part,
on the testimony of Col. Ralph Sabatino, an Army lawyer
who worked on detainee issues for the military and the
Coalition Provisional Authority. Sabatino, in a sworn
deposition obtained by U.S. News, said he often visited
military prisons, including Abu Ghraib, and was not impressed
with Karpinski's leadership. She has a "mercurial
personality" and "tends to fly off thehandle
very easily," Sabatino reported, concluding: "She
is, I don't think, an effective commander." Sabatino,
now a prosecutor for the city of New York, told U.S. News
that he could not discuss his evaluation of Karpinski.
Scapegoat? In a series of interviews with U.S. News last
week, Karpinski says Sabatino's assessment was severely
flawed. She adamantly denied knowing of any serious abuses
at Abu Ghraib, said she was a strong leader, and complained
that other Army officers were attempting to use her as
a scapegoat. She criticized three top generals, including
Taguba, saying that he was out to get a third star and
was a "kiss-up" to General Sanchez. Karpinski
says she won't take the fall for the prisoner abuses and
insists--like Colonel Pappas--that Miller's visit to Iraq
created the atmosphere that led to the troubles at Abu
Ghraib. According to Karpinski, Miller--referring to Guantanamo--said
he wanted to "Gitmo-ize" the prison, and during
one tense meeting he demanded control of Abu Ghraib in
order to make it the focus of interrogation efforts. "You
can do this my way, or we can do it the hard way,"
Miller said, according to Karpinski's account. "General
Sanchez said I could have whatever facility I want. I
want Abu Ghraib." Miller, who took command of Iraqi
prisons last month, has stated that he never urged military
police to use harsh methods against prisoners.
Karpinski says she began to lose control of Abu Ghraib
soon after Miller's visit, when the 205th Military Intelligence
Brigade took over cellblock 1A and eventually 1B, the
two cellblocks where the abuses occurred. The transfer
of Abu Ghraib was made complete by Sanchez's November
19 order, an order Karpinski says she didn't learn of
it until three days later. Last week, Miller reversed
the order that put military intelligence in charge of
MP s.
Karpinski said she believes Sanchez bears some of the
responsibility for the harsh climate inside Abu Ghraib.
After a prison riot in November, and a separate incident
in which MP s engaged in a shootout with a prisoner, Sanchez,
according to Karpinski, demanded that MP s adopt tougher
rules of engagement against detainees. "He wanted
the [rules] changed to use lethal force first," Karpinski
said, and issued an order changing them over her objections.
A spokesman for Sanchez for did not respond to written
requests for comment on Karpinski's statements.
In her formal rebuttal to Taguba's investigation, Karpinski,
a business consultant in civilian life, argues that Taguba
did not interview some of her subordinate commanders who
could attest to her strong leadership. While she acknowledged
some leadership mistakes, she said Taguba's report failed
to consider the difficulties of running a prison in the
middle of a war zone. Thus far, Karpinski has been admonished
for her role in the Abu Ghraib mess, but a more severe
punishment could be on its way. Sen. Lindsey Graham, a
Republican member of the Armed Services Committee, suggested
that the Army consider dereliction-of-duty charges against
Karpinski and other officers. "Over time, we will
find that this was not just rogue MP behavior," Graham
told U.S. News. "How could we let this prison melt
down and become the worst excuse for a military organization
I've seen in my life?"
Hidden prisons. The controversy ignited
by the photos from Abu Ghraib now extends to the archipelago
of prisons the United States has packed with suspected
jihadists since 9/11. The Pentagon's base at Guantanamo
Bay, where some 600 detainees are held, is well known,
but there are a half-dozen others, all overseas, including
facilities in Jordan, Afghanistan (news - web sites),
and the U.S.-British base on Diego Garcia, in the Indian
Ocean. U.S. officials have tightly controlled access to
these facilities, refusing most requests from even allied
governments to interview prisoners. Indonesian security
chiefs are furious with Washington, for example, for not
allowing them to question Riduan Isamuddin, a senior al
Qaeda leader. "They don't want anyone seeing what's
happening to these guys," says a counterterrorism
official with access to interrogation reports.
The Pentagon's overseers at Guantanamo
Bay dispute that, saying that the emphasis during interrogations
is on psychological, rather than physical, coercion, along
with rewards and incentives. A former government official
explains that one common practice is to exploit the phobias
of the detainees. For instance, MP s are trained to watch
if a prisoner flinches when he hears a dog bark. If that
happens, says the official, "You can be sure that
there's going to be a dog present during the interrogations."
On his plane to visit Iraq last week,
Rumsfeld--with characteristic understatement--said the
Abu Ghraib scandal has been "unhelpful" to the
U.S. effort in Iraq. Some defense officials say that a
more forthright disclosure of the photos could have mitigated
the current public-relations disaster. Months ago, some
in the Pentagon pressed for release of the photos, but
their arguments were rejected. "I think they took
a gamble, hoping that the pictures would not get out until
after the [June 30] changeover" of sovereignty, says
an official who advocated releasing the images. "And
they missed it by about eight weeks."
In the wake of Nicholas Berg's murder,
even Pentagon officials who had once advocated disclosure
of the photos worry that making more images public might
further endanger Americans in Iraq. Last week, members
of Congress were allowed to view the photos but were admonished
by the Pentagon to avoid describing the images in detail.
The Pentagon guidelines to lawmakers said that describing
the photos would "constitute a violation of the Geneva
Convention" that protects prisoners "against
insults and public curiosity."