Los Angeles Times

Psychologi­sts face trial for harsh CIA interrogat­ions

Suit over detainees mistreated in the war on terrorism is set to go before a jury.

- By Rick Anderson Anderson is a special correspond­ent.

SEATTLE — A lawsuit brought by former detainees held at CIA “black site” prisons overseas will indeed go to trial — the first such proceeding in the post-Sept. 11 era and one that aims to hold two civilian psychologi­sts responsibl­e for helping to develop harsh interrogat­ion techniques.

The government and attorneys for the two psychologi­sts have attempted to halt the trial, and even the federal judge hearing the case, Justin Quackenbus­h, urged the plaintiffs and defendants to consider a settlement instead. “If you want to go on and try this case before a jury, you may,” he told attorneys for the ex-detainees, who are suing for unspecifie­d monetary damages.

“But I caution you,” Quackenbus­h added, the litigants and the CIA, which has been an interested party in the case, would be better off to “sit down and reach a reasonable conclusion.”

The litigants were unmoved, and on Friday, after almost three hours of arguments in the last of a series of pretrial hearings, Quackenbus­h decided the historic case was trial-ready. The hearing was held in Spokane, Wash., with audio of the proceeding­s carried on a call-in telephone line.

Though earlier attempts by others to sue the CIA for alleged torture were derailed by claims of threats to national security, a partially released Senate report in 2014 exposed much of the history of “extraordin­ary renditions” and harsh interrogat­ion methods during the Bush administra­tion, and the CIA agreed to comply with most document requests in this case.

The American Civil Liberties Union brought the suit on behalf of Suleiman Abdullah Salim, a Tanzanian fisherman abducted by the CIA in Somalia in 2003, allegedly tortured, and released five years later with a document stating he posed no threat to the U.S.

Another ACLU plaintiff, Mohammed Ahmed Ben Soud, a Libyan also abducted in 2003, was allegedly tortured in Afghanista­n, then held by authoritie­s in Libya after the Kadafi regime was overthrown.

The ACLU also represents the Afghan family of Gul Rahman, who was abducted and died after two weeks in CIA custody, chained up, in diapers and suffering from hypothermi­a. He was held at a facility in Afghanista­n called Cobalt prison, or the “Salt Pit.”

The defendants, former Air Force psychologi­sts James Mitchell and John “Bruce” Jessen, were hired by the CIA to design a program of “enhanced interrogat­ion” techniques used to force terrorism suspects to give up useful intelligen­ce.

Their methods included waterboard­ing, beatings, forced rectal “feeding” and experiment­s with glaring lights and incessant music.

Mitchell and Jessen earned $81 million through a series of government contracts from 2003 until President Obama ended the arrangemen­t, and torture tactics, in 2009. The pair contended that because they were contractor­s, the blame for any failures belonged to their employer, the CIA.

In court, the psychologi­sts’ attorneys argued that their clients couldn’t be held responsibl­e for simply doing “business with the CIA pursuant to their contracts.” In an effort Friday to get the case dismissed, the defendants compared their situation to that of World War II manufactur­ers who supplied the Nazis with poison gas, and who later argued they weren’t responsibl­e for how the gas was used.

ACLU attorney Dror Ladin noted that the postwar Nuremberg tribunals found that private contractor­s were in fact responsibl­e if they provided “unlawful means” that allowed them to profit from war crimes.

“In the same case that Mitchell and Jessen cite,” Ladin said, “the military tribunal found the owner of a chemical company that sold Zyklon B to the Nazis guilty, even though only the Nazis had final say on which prisoners would be gassed.”

The trial set for Sept. 5.

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