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Torture could stymie

Issued: 2018-03-15

Senate confirmation of President TrumpDonald John TrumpAccuser says Trump should be afraid of the truth Woman behind pro-Trump Facebook page denies being influenced by Russians Shulkin says he has White House approval to root out 'subversion' at VA MORE’s pick to lead the CIA, Gina Haspel, will likely hinge on how the 30-year intelligence veteran handles questions about her involvement in the agency’s brutal interrogations of terrorism suspects in the post-9/11 era.

Sen. Rand PaulRandal (Rand) Howard PaulDem wins Kentucky state House seat in district Trump won by 49 points GOP's tax reform bait-and-switch will widen inequality Pentagon budget euphoria could be short-lived MORE (R-Ky.) said Wednesday he would oppose her nomination, leaving Republicans with the bare minimum 50 votes needed to confirm her — if there are no other GOP defections and if Sen. John McCainJohn Sidney McCainLawmakers worry about rise of fake video technology Democrats put Dreamers and their party in danger by playing hardball Trump set a good defense budget, but here is how to make it better MORE (R-Ariz.) returns to vote.

This puts Democrats in a potentially powerful position to swing Haspel’s confirmation.

Yet early signs suggest that the minority is prepared to offer support, despite her controversial record, fierce opposition from human rights activists and the fact that she is a Trump nominee.

The top Democrat on the Senate Intelligence Committee, Sen. Mark WarnerMark Robert WarnerLawmakers worry about rise of fake video technology Mueller indictment reveals sophisticated Russian manipulation effort GOP cautious, Dems strident in reaction to new indictments MORE (D-Va.), on Wednesday cited a “very good working relationship” with Haspel, currently the agency’s deputy director. Sen. Joe ManchinJoseph (Joe) ManchinPavlich: The claim Trump let the mentally ill get guns is a lie Toomey to introduce bill broadening background checks for firearms Scott Walker backs West Virginia attorney general in GOP Senate primary MORE (W.Va.), a red-state Democrat who also sits on the Intelligence panel, said he was “very much open-minded.”

Even one of the Senate’s harshest critics of “enhanced interrogation techniques” and the architect of the so-called torture report, Sen. Dianne FeinsteinDianne Emiel FeinsteinLawmakers feel pressure on guns Feinstein: Trump must urge GOP to pass bump stock ban Florida lawmakers reject motion to consider bill that would ban assault rifles MORE (D-Calif.), signaled a surprisingly open reception to Haspel that could pull others off the fence.

“We’ve had dinner together. We have talked. Everything I know is she has been a good deputy director,” Feinstein said on Tuesday, adding, “I think, hopefully, the entire organization learned something from the so-called enhanced interrogation program.”

Feinstein in 2013 blocked Haspel’s promotion to run clandestine operations at the agency over her role in interrogations at a CIA “black site” prison and the destruction of videotapes documenting the waterboarding sessions of an al Qaeda suspect there.

A few lawmakers have come out in opposition to Haspel — most prominently Paul and Sens. Ron WydenRonald (Ron) Lee WydenOvernight Health Care: Trump eases rules on insurance outside ObamaCare | HHS office on religious rights gets 300 complaints in a month | GOP chair eyes opioid bill vote by Memorial Day Trump eases rules on insurance sold outside of ObamaCare Grassley, Dems step up battle over judicial nominees MORE (D-Ore.) and Elizabeth WarrenElizabeth Ann WarrenTrump's SEC may negate investors' ability to fight securities fraud Schatz's ignorance of our Anglo-American legal heritage illustrates problem with government Dems ponder gender politics of 2020 nominee MORE (D-Mass.) — but it’s unclear how much influence they will wield. Senate Minority Leader Charles SchumerCharles (Chuck) Ellis SchumerDemocrats now attack internet rules they once embraced Schumer: Trump budget would ‘cripple’ gun background checks Schumer: Senate Republicans' silence 'deafening' on guns, Russia MORE (D-N.Y.) said Tuesday that he is not whipping votes to oppose Haspel.

Lawmakers are likely to be looking for signs from Haspel on whether the Trump administration is weighing a return to the use of controversial techniques such as waterboarding that are currently banned.

Trump on the campaign trail advocated waterboarding suspected terrorists and in recent weeks announced that he will keep open detention facilities at Guantánamo Bay.

He later said that he was persuaded by Defense Secretary James MattisJames Norman MattisOvernight Defense: First Gitmo transfer under Trump could happen 'soon' | White House says Trump has confidence in VA chief | Russia concedes 'dozens' of civilians injured in Syria clash Pentagon: First Gitmo transfer under Trump could happen 'soon' Russia concedes 'dozens' of citizens injured in clash with US forces in Syria MORE that torture is ineffective, an opinion widely held by lawmakers, military officials and others.

Lawmakers will almost certainly ask Haspel, who oversaw the use of interrogation methods now widely seen as torture under President George W. Bush, if she would do the same under a directive from Trump.

Haspel, 61, would be first woman to head the CIA if confirmed.

A career intelligence professional, Haspel is by all accounts well-liked by the workforce at Langley. She twice ran the CIA station in London, an important post because of the “special relationship” between the U.S. and the United Kingdom. When she was tapped for deputy director last year, the agency issued an unusual press release listing a series of ringing testimonials from officials like former CIA Director Michael Hayden and former Acting Director Michael Morrell.

Her status as a career professional — rather than a politician — is seen as a major mark in her favor in an administration accused by critics of politicizing intelligence.

“I think it’s much better to have intelligence professionals serving in senior intelligence positions,” former Director of National Intelligence James ClapperJames Robert ClapperTrump's anger boils over with Russia probe Clapper on Mueller probe: 'I do think there are other shoes to drop' Sunday shows preview: Russian charges, Florida shooting dominate coverage MORE said to the Cipher Brief, adding wryly, “My ringing endorsement probably won’t help her with this administration.”

But Haspel is a central figure in a particularly nightmarish episode in the agency’s history: a pair of interrogations that took place at one of the CIA’s first “black site” prisons, which she briefly ran.

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