Think Progress

Pentagon Counsel William Haynes Bars Gitmo Prosecutor From Testifying About Torture

counchToday, a House Judiciary subcommittee is holding an oversight hearing on the “effectiveness and consequences of ‘enhanced’ interrogation.” The Committee had invited Lt. Col. Stuart Couch, a former Guantanamo Bay prosecutor, to testify about his experiences. The Wall Street Journal reports, “Asked last week to appear before the panel, Col. Couch says he informed his superiors and that none had any objection.” But Couch’s appearance was blocked by Cheney-backed Pentagon counsel William Haynes:

Yesterday, however, [Couch] was advised by email that the Pentagon general counsel, William J. Haynes II, “has determined that as a sitting judge and former prosecutor, it is improper for you to testify about matters still pending in the military court system, and you are not to appear before the Committee to testify tomorrow.

Haynes has been a forceful advocate and key architect for the administration’s harsh interrogation techniques. Couch’s potential testimony posed a serious danger to Haynes’ work.

As a Gitmo prosecutor, Couch had been assigned to prosecute accused al Qaeda operative Mohamedou Ould Slahi, one of fourteen “high value” prisoners. “Of the cases I had seen, he was the one with the most blood on his hands,” Couch said of Slahi. Yet Couch determined he could not prosecute Slahi because his incriminating statements “had been taken through torture, rendering them inadmissible under U.S. and international law.”

In a lengthy Wall Street Journal profile published in March, Couch revealed evidence of torture he witnessed at Guantanamo Bay — images that captured his conscience and forced him to become a critic of the administration’s interrogation system. Couch reported that Slahi “had been beaten and exposed to psychological torture, including death threats and intimations that his mother would be raped in custody unless he cooperated.” Here’s what happened when Couch announced his decision not to prosecute:

In May 2004, at a meeting with the then-chief prosecutor, Army Col. Bob Swann, Col. Couch dropped his bombshell. He told Col. Swann that in addition to legal reasons, he was “morally opposed” to the interrogation techniques “and for that reason alone refused to participate in [the Slahi] prosecution in any manner.”

Col. Swann was indignant, Col. Couch says, replying: “What makes you think you’re so much better than the rest of us around here?”

Col. Couch says he slammed his hand on Col. Swann’s desk and replied: “That’s not the issue at all, that’s not the point!”

An impassioned debate followed, the prosecutor recalls. Col. Swann said the Torture Convention didn’t apply to military commissions. Col. Couch asked his superior to cite legal precedent that would allow the president to disregard a treaty.

On his first day in Guantanamo, Couch said he saw treatment of a prisoner that “resembled the abuse he had been trained to resist if captured.” Couch’s willingness to tell the truth posed such a threat to the administration that they have prevented him from speaking to Congress. The subcommittee chairman, Rep. Jerrold Nadler (D-NY), said he would consider seeking a subpoena for Couch if the Pentagon maintained its stand.



61 Responses to “Pentagon Counsel William Haynes Bars Gitmo Prosecutor From Testifying About Torture”

  1. Uncle Ho says:

    See no evil, hear no evil, and especially speak no evil.- by order of the self-appointed decider.


  2. Daddy-O says:

    Wow, what a dilemma for this guy.

    Obey your obviously corrupt Cheney-appointed superior officer, or Congress?

    Talk about a rock and a hard place.


  3. Leftside Annie says:

    Nice. Just one baby step above “if we tell you – we’ll have to kill you.”


  4. Daddy-O says:

    Col. Swann was indignant, Col. Couch says, replying: “What makes you think you’re so much better than the rest of us around here?”

    Is anyone else reminded of the immortal David Duchovny performance on Saturday Night Live, when he played a contestant in the game show “What, Do You Think You’re Better Than Me?”

    I can only hope.


  5. Buckie Boy says:

    Oh the Dems will write a letter and call on Darth Dick to just be nice, and Dick will tell them to “go f*uck yourself”, and then they will write another nice letter and Dick will tell them to….and on and on it goes.

    The Fascist Repukian Scum Lords are sickening and the fact that Dick has not been struck by lightning is proof that there is no god.

    Buck Fush


  6. texaslady says:

    There is more than waterboarding going on, what about the prisoner that was beaten so badly over days that all the bones in his body were broken. Is this what we want to become? I thought America was better than the terrorists.


  7. RUCerious says:

    Pendeterminedtagon ???


  8. texaslady says:

    Is anyone else aware that there are children being held some as young as 12 and have been there for years. What about them? How will they feel toward America ?


  9. Witch1 says:

    We have several good lawyer’s that post here….Let’s ask them about all this….What say you all.? Who to abide by, the congress or our rogue government.? And will this guy get protection (Not by the black house) but some other group after or before he testafies.?…..Scary shit for him I am sure…Blessings


  10. PatrioticLiberalChristian says:

    We’re seeing more smoke. How about the civilian Congress which is supposed to have the ultimate authority over the military, granting this guy immunity and any other protection available so he can and must testify? Maybe then we can begin to see the fire.

    BTW, maybe it should be the Predeterminedtagon.


  11. Dave C says:

    I thought America was better than the terrorists.

    Comment by texaslady — November 8, 2007 @ 12:57 pm

    They were. That day has passed. The GWOT has deemed that the U.S. behave as terrorists to fight this perception of terror. OBL has won big time.


  12. Jay Randal says:

    Bush Regime is completely out-of-control, thus doing criminal activities, but Rep. Nancy Pelosi is either incredibly naive about it or is too dumb to notice it or is simply paid-off to shut-up.


  13. RUCerious says:

    Lt. Col. Stuart Couch, please watch your back.


  14. hellinabucket says:

    Is Col. Swann being called up to tesify? I’d like to hear the answer that Lt. Col. Couch brought up regarding to cite legal precedent that would allow the president to disregard a treaty.


  15. po says:

    Scary shit indeed. Who were the first people Musharrif rounded up . . . the lawyers.

    and as for his commander’s comment: “What makes you think you’re so much better than the rest of us around here?” I think the appropriate answer could have been I believe in the rule of law, morality and the purported Christian teachings this nation was founded upon. Just a thought, in case any other of you Gitmo prosecutors are reading this (I’m sure it’s blocked).


  16. LANGX I says:

    At what point will Congress just arrest and detain Bush and Cheney for obstruction of justice.


  17. Jay Randal says:

    I get a nasty feeling that Bush & Cheney are letting Musharrif in Pakistan to test out the plan of arresting judges and lawyers to see if it works well or not.


  18. PatrioticLiberalChristian says:

    Just for fun, Congress should immediately subpoena Haynes and question him about his blocking Couch from testifying.


  19. LANGX I says:

    I get it.

    The Dems realize they are going to need the wire taps and torture for all of the repugs who will turn terrorist once Hillary becomes president.

    Repugs should be very scared.

    There is no other way to explain this lunacy.


  20. nanlichi says:

    But the Pathetic President says we don’t torture! We do torture. Ignore what the smirking Chimp tells you, because that evil POS is a lying bastard.

    Bush has done more harm to the USA than any person. Ever. He and his sycophants are the true enemies of America.


  21. Jay Randal says:

    LANGX > more likely that some Democrats in Congress are afraid Bush might waterboard them, so they hope kissing his ass might save them.


  22. jackattaway2 says:

    It is incredible what the Bush administration tries to do to cover up things.
    http://science.reddit.com/user/carlygry3992/


  23. Leftside Annie says:

    20 – Nanlichi – well said. Very well said.


  24. sacopenapa says:

    The USA does TORTURE! It has been practicing it for decades. We from South America know it as a fact. If he was blocked from testifying, is because they are hidding the fact that they are TORTURING PRISIONERS! Imagine if Al Qeida capture a soldier from the OCCUPYING ARMY (US)?! And the next day they show this soldier being WATERBOARDING… I bet my bottom dollar that the US will call it TORTURE!


  25. sacopenapa says:

    Mukasey should be WATERBOARD against his will then asked if he thinks it is TORTURE!


  26. RobertSeattle says:

    Priority #1 of the US Federal Government right now is to cover Bush’s Ass right now. Our President is a War Criminal.


  27. Witch1 says:

    #20, me think’s you need to add the other name’s of evil in your list, cheney, rummy, condi, wolfawitz, pearl and many more at the head of the list before the baboon’s name, bush is just the evil barker that think’s he;s the boss and the rest of them allow him that..Lest we froget rover who helped and it appear’s got away…..Blessings


  28. chisholm says:

    Boy that Nadler sure is a sharpie. “I think I’ll issue a subpoena. Try saying ‘no’ then! Ha!”


  29. Jay Randal says:

    When Bush was allowed to steal the presidential election for a 2nd time in 2004 it became obvious the Congress has capitulated power to him. Dem leaders in House and Senate are terrified to stand-up to him now. They fear he might declare martial law and close down the Congress.


  30. missmolly says:

    Bush Regime is completely out-of-control, thus doing criminal activities, but Rep. Nancy Pelosi is either incredibly naive about it or is too dumb to notice it or is simply paid-off to shut-up.

    Comment by Jay Randal — November 8, 2007 @ 1:04 pm

    None of the above, I’m afraid. Nancy is doing what she thinks is best for the Democratic Party (yes — BOTH parties have a nasty habit of putting party before country). Having Bush and Cheney in office is, in her world, the best marketing tool the Democrats have. She is hoping that the anti-Bush sentiment will sweep a record number of Dems into power in another year.

    Unfortunately, it may backfire. The Republicans (particularly the ones in the exec branch) have been behaving like scum, to be sure. But the Dems have been showing themselves to be not worth returning to office as well. The American people will ultimately want to be represented by people who 1) care more about what’s best for the country, 2) don’t treat politics like it’s all about “winning” and “losing”, and 3) care more about doing their jobs than they do about raising money to keep those jobs.


  31. Some Guy in Seattle says:

    i’m sorry. i just couldn’t get past that word in the first line: “enhanced.”

    here’s a definition:

    1. To make greater, as in value, beauty, or effectiveness; augment.
    2. To provide with improved, advanced, or sophisticated features.

    I was done with Bush & Co’s “enhanced” leadership a long time ago.


  32. toasterhead says:

    Is anyone else aware that there are children being held some as young as 12 and have been there for years. What about them? How will they feel toward America ?

    Comment by texaslady — November 8, 2007 @ 12:58 pm

    Well if we wait long enough, they won’t be children anymore. Problem solved!


  33. Jay Randal says:

    missmolly > party politics does play into it, but that does imply that Pelosi is completely naive. Her spineless actions are infuriating Democrat voters nationwide, so no huge turnout of them in 2008 election to give more seats to Democratic politicians.


  34. gus smith says:

    What conflict can the administration dream up if the colonel speaks about past proceedings, not current cases?


  35. texaslady says:

    #17 Bingo ! I feel the same way that Mushariff is testing the water for Bush Co. If you can read Bill of Wrongs last book written by Molly Ivins it will document a journalist that has been held for 6 years without listing a charge, photographer who is being held 2 years and several other incidents people being held without habeus corpus by our own government.

    This book will scare the bejesus out of you with documented evidence of what is happening to dissenters by Bush even prior to his Presidency.


  36. pete says:

    Cue BillO: “The only people who care about these Islamofascists are: the extreme leftists, secular progressives and other enemies of America. This is a non issue.”


  37. Jay Randal says:

    texaslady > Molly Ivins was a very smart person. I am glad I got to talk to her on the phone once, many years ago, at the newspaper office she worked at. She had guts and loved to bash the Bush baby.


  38. Long Tooth says:

    “Consider seeking a subpoena”?

    That democrats continue to engage in this Kabuki is insulting to those whose votes they seek every two years. They should cut to the chase, and subpoena right off the bat.


  39. texaslady says:

    #37 It was a terrible loss when Ms Ivins died, the American public will never realize how much the loss of a real journalist affected all of us. With a great sense of humor as well.


  40. missmolly says:

    Col. Swann was indignant, Col. Couch says, replying: “What makes you think you’re so much better than the rest of us around here?”

    Clue One: If you find yourself using this response to someone who has voiced a moral concern, it’s time to ask yourself if what you’re doing fits your own moral values.


  41. missmolly says:

    It was a terrible loss when Ms Ivins died, the American public will never realize how much the loss of a real journalist affected all of us. With a great sense of humor as well.

    Comment by texaslady — November 8, 2007 @ 2:01 pm

    Yes, I miss Molly Ivins very much. My admiration for her extends even to my choice of handle for this site. Thank heavens we still have Paul Krugman.


  42. Jay Randal says:

    Molly Ivins died from a long illness of cancer, but if that had not been the cause of her death then I would suspect Dubya had her iced. She was a thorn in his side that he could not pluck out. She will be missed, but never forgotten.


  43. Art says:

    “Pentagon Counsel William Haynes Bars Gitmo Prosecutor From Testifying About Torture”

    Better he should bar them from performing torture.


  44. missmolly says:

    Molly Ivins died from a long illness of cancer, but if that had not been the cause of her death then I would suspect Dubya had her iced. She was a thorn in his side that he could not pluck out. She will be missed, but never forgotten.

    Comment by Jay Randal — November 8, 2007 @ 2:12 pm

    Molly Ivins skewered everybody who deserved it, but never kicked somebody who was down. Bill Clinton didn’t even get spared. But he said, upon her death, “I want to say a special word of appreciation to someone who was good when she praised me and painfully good when she criticized me.”

    Of course, when she was a thorn in Bill’s side, Bill felt the remedy was to try to be a better president. This is where he and Dubya differ.


  45. texaslady says:

    Maureen Dowd was a thorn but seems to have backed off alot since her last book on Bush. But surprise surprise when the Republican Senator commented last night he bypassed the White House to close the border. Wonder if he made it through the night.


  46. Jay Randal says:

    missmolly > I never heard if Bush said anything about Ivins at her death? All I can remember is him having a big sloppy grin on his face. He hated her and never appreciated her criticism like Bill Clinton did.


  47. texaslady says:

    A mention of Paul Wellstone came up on the day he had died regarding how many Democrats seem to die in suspicious place accidents versus how many Republicans, I believe it was like 2 Repubs to 8 or 10 Democrats. So although it is a repulsive thought you just have to wonder.


  48. texaslady says:

    #47 sorry I mean’t suspicious airplane accidents. Typed too fast.


  49. texaslady says:

    #41 Paul Krugman and Keith Olbermann with his commentaries…my husband and I are amazed Keith gets away with it. Thank God a trickle of truth does come out.


  50. nanlichi says:

    Molly was the best. She left a big void when she died. Knowing Bush from his Texas days added a perspective that most of us didn’t have. You can see that the petulance, the laziness, the meanness and the hypocrisy run to the core of that hominid. He hasn’t grown a bit in his painful stint as pResident.

    Bless Molly!!


  51. bilbobaggins says:

    Bush Regime is completely out-of-control, thus doing criminal activities, but Rep. Nancy Pelosi is either incredibly naive about it or is too dumb to notice it or is simply paid-off to shut-up.
    Comment by Jay Randal

    What I find very puzzling about Nancy Pelosi’s actions is that she is a Congressperson and has to run for re-election in 2008. What do you think her chances are to be re-elected in California at this point? I think they are next to none. Even Cindy Sheehan could beat her at this point.


  52. Briseadh na Faire says:


    Col. Couch asked his superior to cite legal precedent that would allow the president to disregard a treaty.

    Meanwhile, impeachment is still off the table.


  53. Bobby Brown says:

    I miss Molly Ivin’s byline, does anyone know where her work is collected ?


  54. jerseyboyblue says:

    The truth is always the first casualty of war.


  55. texaslady says:

    #53 You might try googling her name I would always get connected to her latest column that way. I have read all her books and she has been right on from the beginning. Totally amazed that so many bought the phoney cowboy act of Bushie. Guess too many thought he was like one of them, an every day sort of guy and didn’t bother to read his background.

    Bush Senior was a snake, then when sweet Nealie let Silverado Bank go down and taxpayers had to pay, or Marvin on the security board for WTC, or Jeb with his drug dealers from Columbia going scot free.
    I mean it is on and on with this bunch.. No matter what Clinton did it can’t compare to this family. And Bush supporters think he is looking out for them. Only if they are hunting him down with a gun.


  56. missmolly says:

    I miss Molly Ivin’s byline, does anyone know where her work is collected ?

    Comment by Bobby Brown — November 8, 2007 @ 3:25 pm

    She wrote for the Fort Worth Star-Telegram, but was syndicated by creators.com. Here’s a link to her last column — the one where she famously declared that WE are the deciders, and urged us to make noise, bang pots and pans, and demand a stop to the war NOW.

    http://www.creators.com/opinion/molly-ivins/stand-up-against-the-surge.html

    And if you scroll toward the bottom of the page, you’ll find a calendar where you can look up other columns.


  57. missmolly says:

    “I never heard if Bush said anything about Ivins at her death? All I can remember is him having a big sloppy grin on his face. He hated her and never appreciated her criticism like Bill Clinton did.”

    Comment by Jay Randal — November 8, 2007 @ 2:29 pm

    Actually, the White House released this statement from Bush when Molly died:

    “Molly Ivins was a Texas original … I respected her convictions, her passionate belief in the power of words, and her ability to turn a phrase. … Her quick wit and commitment to her beliefs will be missed.”

    Which is, of course, what you say about a person who died that you have a hard time saying anything complimentary about. When Dubya dies, I’m sure there will be a lot of people making comments about his convictions and passionate beliefs.


  58. missmolly says:

    What I find very puzzling about Nancy Pelosi’s actions is that she is a Congressperson and has to run for re-election in 2008. What do you think her chances are to be re-elected in California at this point? I think they are next to none. Even Cindy Sheehan could beat her at this point.

    Comment by bilbobaggins — November 8, 2007 @ 2:49 pm

    Hard to say. Her district consists of about three quarters of the city of San Francisco, so it’s a safe Dem district (Nancy got 80% of the vote in 2006 and 83% of the vote in 2004, but she wasn’t Speaker back then).

    It would take another Democrat beating her in the primary to defeat her. It’s highly doubtful that a Republican would beat her in the general election, even if she were to beat up elderly ladies in the middle of Union Square.


  59. NC Dem says:

    Since it was William J Haynes II that met with John Yoo, David Addington, and Gonzales when the legal arguments were being crafted that allowed the torture that continues to this day, Nadler doesn’t need to issue a subpoena for Couch, he needs to issue a warrant of arrest for Haynes for obstruction of justice. He is complicit in the crimes and should be in a cell next to Addington.


  60. American Style Fascism says:

    Welcome to the once great United States of America.

    Where years after the Nuremberg trials we’d read our history books and smile and feel proud because we knew we had the moral high ground and had truly done what is right.

    America, where when we were kids, we were the good guys.

    America, the place where immigrants from all over the world could come and find a refuge from repression, murder and political intimidation.

    America, where the middle class was alive and well and secured peace for more than sixty years.

    America, where if anyone came here and said anything disparaging about us, we’d say, it’s not true, it’s not true, take it back!

    America, where you’d hear people say, this is the greatest country on earth, and wouldn’t hesitate to agree.

    America, where after 9/11 the world, including Iran mourned for all those innocent people.

    America, where we squandered the good will of the world and became a country resembling a fearful, paralyzed, reactionary dictatorship, and lost the good will of the world, our moral high ground and any semblence of a strong, fearless, hopeful nation.

    America, where have you gone? I miss you.


  61. H2onE2 says:

    Predictions of the next 911 by a Professional Geologist.

    http://www.H2onE2.com Glacial Respiration, Conceptual Ring of Ice, The End of Linear Western Religion
    A Geological Exploration of an E2 Earthen Planet And the H2 Human Species
    Author: B Billy Marse, Professional Geologist

    Brief Description:
    http://www.H2onE2.com is an exploration of the universe, geology, climate, biology, humans, psychology, folklore and ancient structures to uncover the beginning and disclose the end of linear western religion. The true DaVinci Code behind the bible is not a supreme spiritual power but a scientific record of climate change described as Glacial Respiration. The Greek philosophers originated the practice of communicating a hidden idea or message in the short story format, as a metaphor. In the bible, metaphors conceal historic climate change within the fanciful stories. The theory of Glacial Respiration explains the myth behind the Holy Grail, structures such as the Great Pyramids, Stonehenge, Easter Island and is the knowledge that was collected in the Jewish Ark of the Covenant.
    The environmental changes of Glacial Respiration determine all biological evolution and can explain why higher forms of intelligent humans developed. Further, Glacial Respiration releases the secret hidden by the Knights Templars, Masonic Order and all religions. Uncovers an advanced Blue-Blooded semi-industrial Atlantian Civilization that was built and destroyed many times over for the last million years. The book ends with an explanation of how linear western religion will be physically ended and describes the construction of the doomsday device capable of fulfilling its own self defining prophesy, “Revelations”. H2onE2 is a mind-expanding experience that stimulates the soul, instinct, intellect and is an almanac to the past, present and future of humanity. Rise, awaken and evolve into H3 human consciousness.

    The discovery:
    As a Professional Geologist, I attempted to link the Dust Bowl/Great Depression to a pre-glacial condition or mechanism and ended up writing the book H2onE2. I felt that there was a strong connection between the Dust Bowl and transition back into Glacial Winter. I did notice that my professors scientifically crumbled every time I mentioned the relationship. I could not go back in time or locate indisputable proof. The proof came from understanding all educational disciplines including history and theology. I soon discovered that all religious text both eastern and western continually described significant climate change conditions relating to Glacial Respiration. For years I fought off mixing science and religion until I discovered that the origins of all religions were founded or created to help humans psychologically survive the harsh earthen environment. Without reason I soon accepted that the world’s complicated religions were the same. This came true and I continued to write and discover. Everything came into place as though I was unlocking a 10,000-year-old puzzle. I also realized this puzzle was opened before I discovered it, by someone else, some other group. If so, further understanding of this knowledge might be extracted from significant historical events. Lastly, this is the vital information needed to make future predictions.
    tyjt5ytyjtyj



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