Ugh.

Maj. Charles Wagenblast, a military intelligence reservist, brought home this story from Afghanistan about an Afghan colonel:

One of the colonels that we both knew had been accused of raping a chai boy, badly. They all have chai boys, it's not some perverted thing, it's just what they do. Women are for juma. The only time you interact with your wife is on Friday, the rest of the time it's chai boys. He had been raping this chai boy, which is normal, but he had hurt him really bad. That caused the medical people to get involved and other forces. So he's there in front of the judge, who is an imam. It's religion mixed with law, the whole code of law would fit in a pamphlet and then there's the Koran there on top of it. Anyway, his defense was, "Honestly, who hasn't raped a chai boy? Ha ha ha." And the judge goes, "You're right. Case dismissed."

U.S. Marine Corps photo by Sgt. Pete Thibodeau/Released/DVIDS

Steve Coll, a former managing editor of the Washington Post and author of Ghost Wars, a favorite book of many readers of this blog, is one of the best journalists I've ever met. He especially understands intelligence matters, national security, and Washington. So when he wrote this week in the New Yorker about the possibility of high-level indictments of national security officials at the Obama White House, I paid attention. Here is an e-mail interview I conducted with him:

  • What makes you think that there may be indictments of high-level Obama administration officials down the road?

It's clear that the Justice Department has been carrying out extensive interviews with current and former senior administration officials about David Sanger's excellent reporting on the Obama administration's involvement in cyberattacks against Iran. At the same time, the administration has established that it is willing to tolerate aggressive leak prosecutions against current and former government officials. Equally, the White House is allowing Justice prosecutors to make such decisions without political interference -- as is proper (See: Richard Nixon). So if you add all that up, indictments are a possibility.

  • Have you talked to David Sanger, or to anyone else at the New York Times, about the leaks to him? If so, what did they say?

I have not formally approached the Times or Sanger about this investigation -- the subject of my New Yorker reporting was the separate prosecution of former C.I.A. officer John Kiriakou, who pleaded guilty and became the first C.I.A. officer ever sent to prison for providing information to the American press. In that longer story, I mentioned the ongoing Sanger case as context, based on what I picked up along the reporting trail, and I cited some reporting by the Washington Post, which appeared earlier this year.

  • Do you think that the situation with Sanger and high-level Obama administration officials may have altered the Times's coverage of national security issues? If so, how?

I don't have any reason to think that. The Times, under executive editor Bill Keller and now Jill Abramson, has had to handle a succession of tricky editorial and publishing decisions involving classified information, from Wikileaks to these multiple leak investigations by the National Security Division at Justice. There was the Kiriakou case, which involved the Times; a separate case involving former C.I.A. officer Jeffrey Sterling and Times reporter James Risen; and now the Sanger case. In the Risen and Sanger cases, the Justice investigations have involved reporting done for books, in addition to reporting done for the Times. My reading from far outside is that the Times editors have done very well handling these dilemmas. It's a complicated responsibility, as I can testify from experience at the Washington Post. I'm sure there are at least a few calls the editors would like to have back, but overall I think they've made courageous, responsible decisions in the public interest.

  • Who do you think might be indicted?

I don't know.

  • Do you think such indictments would be justified?

Almost certainly not, particularly if they involve heavy charges under the Espionage Act or other similar statutes, as Justice has done in previous cases. As my story about the Kiriakou case outlined, leak prosecutions are highly selective and they fail to take into account the institutionalized failures and hypocrisy of the government's management of classified information. David Pozen, a law professor at Columbia University, estimates in a forthcoming Harvard Law Review article that fewer than three in a thousand leak violations are actually prosecuted, and the true percentage, if all leaks of classified information could be counted reliably, is almost certainly much closer to zero. These kinds of prosecutions -- aimed, apparently at creating a deterrent effect -- in an atmosphere of such laxity just can't be justified as public policy, even if they are permissible as a matter of law.

  • What does all this say to you about how Washington (both in politics and journalism) works these days?

The Kiriakou case teases some of that out -- it's a very polluted environment. There's a lot of opportunism from all sides. That's why they call Washington a swamp. But I think the single biggest factor -- and a factor that could be fixed -- is the broken system that over-classifies government information by orders of magnitude. Until the government can credibly distinguish a real secret from a phony or artificial one, prosecutions of leakers will always seem selective and without adequate foundation.

Pete Souza/Flickr

Steve Coll's article in the issue of the New Yorker out this week, about a CIA officer jailed for leaking, is interesting especially for two asides:

-- Over the past 100 years, he writes, 10 government officials have been prosecuted for leaking. Six of them have been during the Obama administration.

-- Coll predicts that this may come back to haunt the administration: "If prosecutors find that senior White House officials broke the law while communicating with Sanger, President Obama may be unable to prevent high-level indictments."

Flickr

Posted By Thomas E. Ricks

The authorities said the other day that Brig. Gen. Jeffrey Sinclair, the Army's celebrity one star, will face a general court martial and could wind up doing life in prison.

My guess: A plea deal that winds up with him doing a year or two. Then again, I've been surprised before.

(HT to Attackerman)

TIM ZIELENBACH/AFP/Getty Images

A bunch of senior State Department officials got booted over security failures at Benghazi. A friend comments, "This is functionally equivalent to the sacking of GOs."

The contrast to the lack of accountability for the Abu Ghraib mess is striking. And I am confident that the prisoner abuse scandal, by outraging Iraqis and fanning the flames of the insurgency, resulted in the deaths of more Americans than did the lapses in Libya.

Wikimedia

While Tom Ricks is away from his blog, he has selected a few of his favorite posts to re-run. We will be posting a few every day until he returns. This originally ran on December 2, 2011. 

I found this essay, which until now has only been available on an internal Army website, quite striking. It essentially asks: How could a place that prides itself on its honor code tolerate sadism?

Just FYI, the author's own title for this piece is "Cool on Honor: Sadism, Cruelty, and Character Development at West Point."

By Lt. Col. Peter Fromm, U.S. Army (Ret.) 

Best Defense department of military ethics

Cool on Honor: Sadism, Cruelty, and Character Development at West Point

I have had one serious unanswered injustice done to me in my life, and it occurred when I was 21 years old. I mean "unanswered" in the sense of reciprocity-there has been no accounting for this injustice. I have always wanted to write about it, not because of self-pity but because of something I learned from it that has grown on me over the years. This personal essay describes it as a snapshot from the Army's troubled times in the 1970s. The story surfaces one important aspect about leadership and stewardship in the modern Army: the antithetical relationship between gratuitous cruelty and honor and the duty to do something about it. In my experience as an Army ethicist, having been sent to graduate school for that purpose, I have seen this antithetical relationship as potentially the most important ethical failure the institution faces. I say this because the institution puts weapons in the hands of young, inexperienced people and then gives them the power of life and death over others. If we do not do all that we can to get this part of Army culture right (the relationship between cruelty and honor), we stand convicted of hypocrisy of the worst kind.

When the Army educated me to teach ethics (a sign of health in the organization that it actually does such a thing), I developed an eye for institutional moral window dressing. That's mostly what I want to talk about here. In the Odyssey, Homer says that "the blade itself incites to violence." I want to rephrase that beautiful observation to say that "power over others incites to cruelty." When one exercises power over another, if there is a lack of moral sense, of maturity, or of wisdom in the execution, it inevitably becomes entangled with that most basic of impulses, sexual dynamics.

Read on

WikiCommons

Posted By Thomas E. Ricks

He says fears about it falling apart or into civil war are overblown:

  ... on visits to Benghazi, Misrata and Tripoli, to find that there were no militiamen to be seen, that most things were functioning normally, that there were police at traffic intersections, that there were children's carnivals open till late, families out, that jewelry shops were open till 8 pm, that Arabs and Africans were working side by side, and that people were proud in Benghazi of having demonstrated against calls for decentralizing the country.

As someone who has lived in conflict situations, I take as a very serious gauge of security whether shops are open and how late they stay open. Jewelry shops in particular are easily looted, and the loot is light and easy to fence. But in Tripoli there was loads of gold in rows of jewelry shops, along with clothing stores newly stocked with Italian fashions."

ABDULLAH DOMA/AFP/GettyImages

EXPLORE:AFRICA, JUSTICE, LIBYA

I found this essay, which until now has only been available on an internal Army website, quite striking. It essentially asks: How could a place that prides itself on its honor code tolerate sadism?

Just FYI, the author's own title for this piece is "Cool on Honor: Sadism, Cruelty, and Character Development at West Point."

By Lt. Col. Peter Fromm, U.S. Army (Ret.) 

Best Defense department of military ethics

Cool on Honor: Sadism, Cruelty, and Character Development at West Point

          I have had one serious unanswered injustice done to me in my life, and it occurred when I was 21 years old. I mean "unanswered" in the sense of reciprocity-there has been no accounting for this injustice. I have always wanted to write about it, not because of self-pity but because of something I learned from it that has grown on me over the years. This personal essay describes it as a snapshot from the Army's troubled times in the 1970s. The story surfaces one important aspect about leadership and stewardship in the modern Army: the antithetical relationship between gratuitous cruelty and honor and the duty to do something about it. In my experience as an Army ethicist, having been sent to graduate school for that purpose, I have seen this antithetical relationship as potentially the most important ethical failure the institution faces. I say this because the institution puts weapons in the hands of young, inexperienced people and then gives them the power of life and death over others. If we do not do all that we can to get this part of Army culture right (the relationship between cruelty and honor), we stand convicted of hypocrisy of the worst kind.

When the Army educated me to teach ethics (a sign of health in the organization that it actually does such a thing), I developed an eye for institutional moral window dressing. That's mostly what I want to talk about here. In the Odyssey, Homer says that "the blade itself incites to violence." I want to rephrase that beautiful observation to say that "power over others incites to cruelty." When one exercises power over another, if there is a lack of moral sense, of maturity, or of wisdom in the execution, it inevitably becomes entangled with that most basic of impulses, sexual dynamics.

Read on

WikiCommons

I am struck, reading the harrowing account of Iman al-Obaidi, the woman who burst into the hotel where journalists are staying in Tripoli and insisted on telling how she was raped, beaten and humiliated by 15 government militiamen, that there is a fundamental human need to bear witness, to tell the world what happened.

I think we could do a better job of enabling this to happen, of collecting and archiving such information. By we, I mean as humans, not necessarily as a government. I also think that the proliferation of technology that takes photographs, such as cell phones, should provide a bit of deterrence to acts such as these -- not much, but every bit helps.

wikimedia

EXPLORE:JUSTICE, LIBYA, WOMEN

 

The U.S. embassy in Kabul says it is firing its frat boy security contractors. This brings to mind a recent news report that the British security guard charged with murdering two of his colleagues in the Green Zone early in August had a criminal record back in the UK. He actually left Britain despite being on probation for robbery and firearms offenses, the papers reported.

Wikimedia Commons

Posted By Thomas E. Ricks

I just want to note that Roxana Saberi is still being held in an Iranian jail for doing her job. She should be freed immediately. My family's thoughts are with her. My respect for the government of Iran is declining by the moment. You want to be treated like a great power? Begin by acting like one.

STAN HONDA/AFP/Getty Images

EXPLORE:FREEDOM, IRAN, JUSTICE

Posted By Thomas E. Ricks


I hate the fact that my country's leaders panicked after 9/11 and embraced torture. It saddens me to watch this.

I can still remember when it was the bad guys who tortured people in the movies. Here's the test I think is useful for judging abuse: What would I think of this being used against captured U.S. military personnel? Or kidnapped reporters?

Posted By Thomas E. Ricks

I was surprised and impressed to see two centrist Washington bigwigs -- former diplomat Thomas Pickering and former FBI director William Sessions -- call for an independent commission to look into U.S. government policies on torture and detainees.

It is in the interest of our nation's security that President Obama should immediately appoint such a commission. To move ahead, make our country safer and strengthen the leadership position of the United States, we must have a full understanding of detainee policies and their consequences. Only then can we prevent any mistakes of the past from being repeated.

I am beginning to think this might just happen. And that would be a good thing indeed. We probably need one more round of revelations to push it over the top. Given the nature of things, I expect that murder will out. 

Photo: Flickr user CitizenSheep

Posted By Thomas E. Ricks

Call me a softie, but I don't understand why this murder case involving American troops hasn't gotten more media attention in this country. This seems to me worse than the tortures at Abu Ghraib. According to court testimony, the Army soldiers then dumped the bodies of the four murdered Iraqis in a Baghdad canal.

And Stars & Stripes -- yes, the Pentagon's newspaper -- deserves a shoutout for staying on the story.

EXPLORE:IRAQ, JUSTICE, LAW

Posted By Thomas E. Ricks

Two South Carolina Republicans piped up to say they don't want the Gtmo detainees moved to their neighborhood, either. Thanks for pitching in, fellas!

At this rate the detainees are going to wind up at the New York City jail on Rikers Island -- which actually might be fitting. It reminds me of an exchange I had with a 10th Mountain Division soldier in the spring of 2002 when we were standing near some dead al Qaeda fighters in the aftermath of the "Anaconda" battle in eastern Afghanistan. "Sergeant, what do you think of all this?" I asked, gesturing at the strewn corpses, and their RPGs and other weapons. He glanced down at the remains of the al Qaeda men, who had been hit by a JDAM, then looked straight at me and quietly said just five words: "Sir, I'm from the Bronx."

Thomas E. Ricks covered the U.S. military for the Washington Post from 2000 through 2008.

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