Feith playing defense against interrogation accusations

The House Judiciary Subcommittee on Constitution, Civil Rights, and Civil Liberties held its fourth hearing on Guantanamo Bay Interrogation Rules. Subpoenaed former Undersecretary of Defense for Policy Douglas Feith gave testimony to counter accusations that he encouraged inhumane interrogation techniques.

Chairman of the Subcommittee, Jerrold Nadler (D-NY), said that the Bush administration authorized the use of torture, calling it a “disgrace.” He said that laws set forth in the Geneva Convention cannot be ignored by the administration in its favor. Douglas Feith used his testimony to defend himself against accusations made by author Philippe Sands in his book “Torture Team.” Feith first said that his subpoena to testify before the Subcommittee was unnecessary. He said that Sands portrayed him inaccurately and misquoted him several times. Feith said Sands wrote recklessly and carelessly in his book. Feith said he actually championed the Geneva Convention and only said that detainees are not worthy of POW status, because that would make intelligence impossible to gather. Feith added that he even wrote the policy for returning detainees.

Sands said at the hearing that he is open to free discussion of his book and stands to be corrected, but denies making any mistakes. From an interview, Sands quoted Feith as saying that all of the Geneva Committee does not apply to al-Qaeda detainees.

When Congressman Nadler asked Feith if interrogation tactics of questionable humanity should be allowed, Feith replied that it depends on how they are used.

Subpoena will be issued to no-show Feith, former undersecretary of Defense for Policy

The House Judiciary Subcommittee on the Constitution, Civil Rights, and Civil Liberties met to discuss the issuance of a subpoena to Douglas Feith, the former Undersecretary of Defense for Policy. Feith was scheduled to give witness at a hearing last Wednesday, but canceled his appearance four hours before its scheduled time. The hearing was for discussion of the Bush Administration’s role in authorizing the use of abusive interrogation policies.

Feith cited the presence of another witness at the hearing, Colonel Lawrence Wilkerson as his reason for canceling. The Chairman of the Subcommittee, Jerrold Nadler (D-NY) said that Feith’s absence was “an affront” to the committee and to the country. Nadler said that Feith had a central role in forming the abusive interrogation policies so his testimony is necessary to understanding the matter. Congressman Steve King (R-Iowa) opposed the subpoena. He said that Feith deserved a second chance, rather than an immediate “sledgehammer of subpoena.” But, the committee voted nine to three in favor of the subpoena.

National security served by 'legally suspect policies'

The investigation into the administration’s interrogation policies and legal justifications continued before the Subcommittee on the Constitution, Civil Rights, and Civil Liberties. Chairman Jerrold Nadler was concerned that America’s national security and values have not been well served by ‘legally suspect policies.’

Witness Daniel Levin, former acting assistant attorney general to the Office of Legal Counsel, said that over time legal analysis regarding interrogation replaced policy analysis. He said many steps that the administration was taking, albeit legal, had costs which outweighed the benefits. Levin felt that some policies should have been adjusted. Levin also accepted full responsibility for any legal advice he gave and felt he should be held accountable if that advice turned out to be mistaken.

Witness Retired Colonel Lawrence B. Wilkerson said he knew how soldiers could ‘go astray in the heat of battle’ and he felt that leadership at the highest levels had fail in this instance. When questioned by Representative John Conyers, Jr. (D-Mich.) as to whether interrogation tactics were pushed from the top down, Wilkerson affirmed that it was his view.

Nadler also announced that one of the expected witnesses, Douglas Feith of Goodwin Procter LLP, had pulled out of attending the hearing at the last minute due to his unwillingness to be near one of the other witnesses present who was unnamed. Nadler deemed Feith's actions 'a fundamental disrespect for Congress and the American people.'He gave the assurance that Feith would be called before the Subcommittee to testify before too much time had elapsed.