Why the Pentagon Doesn’t Want Me to Testify About Abu Ghraib
By SusanUnPC on September 2, 2007 at 3:12 PM in Current Affairs
By Sam Provance for AlterNet (reprinted with permission)
No U.S. Army officer or defense official is likely to be held accountable for the torture, “ghost” prisoners, and other abuses at Abu Ghraib.
As an Army intelligence analyst, my job at Abu Ghraib was systems administrator (”the computer guy”). But I had the bad luck to be on the night shift. And so I saw the detainees dragged in for interrogation, heard the screams, and saw many of them dragged out.
When I heard that the officer in charge of the interrogation/torture operation at Abu Ghraib in late 2003 was being court-martialed, my first thought was: “Finally an officer is being held accountable.”
But since my own attempts to stop the torture and identify those responsible were repeatedly rebuffed, you will perhaps excuse my skepticism that justice will be done.
Watching Act I of the faux-trial of Lt. Col. Steven Jordan last week at Fort Meade, Md., confirmed my worst suspicions. I know Jordan; I was in place for his entire tenure at Abu Ghraib, including when prisoners were being tortured. He was an immediate boss.
Enter from the wings reserve Maj. Gen. George Fay. MG Fay was handpicked to run interference for then-Defense Secretary Donald Rumsfeld by conducting the same kind of “full and thorough investigation” that former President Richard Nixon ordered for Watergate.
With Fay, too, I speak from personal experience. Shortly after photos of the torture at Abu Ghraib were published, I found myself being interviewed by Fay on May 1, 2004. It was a surreal performance, with Fay seeming to take his cue at times from Peter Seller’s Inspector Clouseau.
Except it wasn’t funny then, and it is not funny now. To me, Fay showed himself singularly uninterested in what really was going on at Abu Ghraib. I had to ask him repeatedly to listen to my account. Whereupon he said he would recommend action against me for not reporting what I knew sooner for, if I had done that, I could have prevented the scandal. Right.
In my view, it was clear that Fay’s job was to quiet any discordant notes from noncommissioned officers like me and help Rumsfeld push the responsibility down to “bad apples” at the bottom of the chain of command.
When Maj. Gen. Taguba’s Abu Ghraib investigation report was leaked to the press on May 4, 2004, I was very surprised to find myself listed as the only military intelligence soldier to witness to the truth. And for my conscientiousness, the Army imposed an exclusive gag order on me 10 days later; a week after that my top-secret clearance was suspended and eventually I was reduced in rank.
Memory loss
So it came as no surprise to me that Fay would continue to play a disingenuous role at the court-martial of Lt. Col. Jordan. Jordan is the only officer and the last of the 12 persons charged in the scandal to go to trial. Eleven enlisted soldiers have been convicted of crimes, with the longest sentence, 10 years, given to former Cpl. Charles Graner, Jr., in January 2005.
Two of the charges against Jordan (together punishable by eight years in prison) were obstruction of justice and lying to Fay.
On the day before Jordan’s trial began, Fay contacted Army prosecutors to claim that he “misspoke” in earlier testimony that he had advised Jordan of his rights before interviewing him in 2004. The Army judge was quick to approve a defense motion to dismiss the false statement and obstruction of justice charges.
Eight years off a possible sentence even before the trial begins! Not bad.
The next stiffest possible sentence was five years for disobeying Fay’s ban on discussing the investigation with others. But not to worry. Testifying last Wednesday, Fay could not remember when he had told Jordan to avoid discussing the investigation.
Enter defense attorney Maj. Kris Poppe: (To Fay) “Today you testified you gave a specific order not to discuss — to speak to no one. And that testimony is based on your memory, is it not, sir?”
“It is,” Fay replied.
So, presumably, we can now strike five more years off a possible sentence. What’s left of the charges? Cruelty and maltreatment of detainees, a charge punishable by one year in prison. The only other charges are failure to obey a regulation (a possible two-year sentence) and dereliction of duty (six months).
Those are maximums. It seems a safe bet that Jordan, like his immediate supervisor, Col. Thomas Pappas, will get off with a reprimand and a minor fine.
If they had asked me
According to press reports, other witnesses will be called to testify at the Jordan court-martial.
Strange. Although I was at Abu Ghraib for the entire time Lt. Col. Jordan was there, for some reason the prosecution does not seem interested in using my testimony at his trial.
I could, for example, provide testimony demolishing the myth that Jordan was not really all that much involved in interrogations. One of the soldiers who worked very closely with Jordan verified that he was fully familiar with the infamous “hard site,” where much of the torture took place. Jordan had been seen there on more than one occasion, hanging out laid back with his feet propped up. My soldier informant also bragged that he had joined Jordan in beating up a prisoner.
Jordan also took liberties with what were standard procedures, much like the CIA and other civilians who did not seem to bother much with such niceties. One of the sergeants with direct access to Jordan told me that Jordan felt empowered to ignore regulations and interview detainees alone, which was highly irregular even for swashbuckling CIA interrogators.
I cannot tell whether the Army is deliberately ignoring my potential testimony or it is simply not taking these things seriously. Last month, a person from the Army’s Criminal Investigations Division and one from the team prosecuting Jordan came to interview me. Why? Because they had seen me in a documentary and learned from the film that I was at Abu Ghraib at the same time as Lt. Col. Jordan.
Despite the copious testimony I’ve given over the past few years, I’ve never been called to testify at any of the trials.
No one accountable
In keeping with the Rumsfeld adage “Stuff happens” and given the Senate Armed Services Committee’s timidity, no senior U.S. Army officer or defense official is likely to be held accountable for the torture, “ghost” prisoners, and other abuses at Abu Ghraib.
Only the bad apples at the bottom; none of the rotten ones at the top. Not the commander in chief, who authorized torture with his memorandum of Feb. 7, 2002, announcing and implementing a new policy that detainees be treated “humanely, as appropriate, and as consistent with military necessity.” Not then-Defense Secretary Donald Rumsfeld, nor his deputy Paul Wolfowitz, nor U.S. pro-consul Paul Bremer, nor troop commander Lt. Gen. Ricardo Sanchez, nor Maj. Gen. Geoffrey Miller (in charge of Gitmo-izing Abu Ghraib), nor Sanchez’s intelligence chief Maj. Gen. Barbara Fast, nor National Security Council functionary Frances Townsend.
All of the above visited Abu Ghraib during the torture year of 2003 before the photos surfaced the next year. Had it never occurred to them that their incessant pressure on Army interrogators to find nonexistent WMD in Iraq and nonexistent ties between Iraq and al-Qaeda, together with the expanded list of torture techniques duly approved by hired-gun lawyers in the Pentagon, the office of the vice president and the Department of Justice, would lead to the abuses of Abu Ghraib?
Not to mention things like the marginal notes from Rumsfeld, on the list of torture techniques, “Make sure this happens.”
Don’t ask, don’t tell
Only one general officer passes the smell test, and he with flying colors — Maj. Gen. Antonio Taguba.
On Jan. 31, 2004, he was asked to look into the abuses at Abu Ghraib. A mark of his seriousness of purpose is the fact that Taguba completed his investigation in two months and did not sugarcoat his findings: “Systemic and illegal abuse of detainees … numerous incidents of sadistic, blatant, and wanton criminal abuses.”
He did an honest job, and we would probably not ever have seen his unvarnished findings had not some patriotic truth teller (aka leaker) made them available. That was the end of Taguba’s Army career, however. Several months after his report was leaked, Taguba got a phone call from his boss telling him to retire.
Looking back, Taguba recently told Seymour Hersh, “I assumed they wanted to know. I was ignorant of the setting.”
The general spoke of his futile attempts to get senior generals to focus on the problem of torture. One lieutenant general was at least candid in rebuffing Taguba: “I don’t want to get involved … because what do you do with that information, once you know? …”
Taguba also spoke of the indignities thrown his way by Rumsfeld and martinets like Gen. John Abizaid who, like so many other high officials, civilian, as well as military, seem to have forgotten the oath we all took to defend the Constitution of the United States.
A few weeks after his report became public, Abizaid turned to Taguba with a pointed warning: “You and your report will be investigated.” Preferring to hold on to his belief in an Army led by generals with integrity, Taguba later expressed his disappointment that Abizaid would have that attitude.
Awakening to the new reality, Taguba let it all out in a very telling way: “I had been in the Army 32 years by then, and it was the first time that I thought I was in the Mafia.”
Sam Provance, a former sergeant specializing in intelligence analysis, refused to remain silent about the torture at Abu Ghraib, where he served for five months at the height of the abuses. He was punished for refusing to take part in the coverup, and pushed out of the Army. For his sworn testimony to Congress, click here.
© 2007 Independent Media Institute. All rights reserved.
ORIGINALLY POSTED AT Alternet.org.
Once $299.98, now yours for $149.99.
+ ALL 
Of course the people responsible will never stand trial for their crimes. Because they were “the Decider guy,” the veep, Rumpsfeld and the DOJ.
We don’t even know how many prisons like Abu Ghraib exist in Iraq, Eastern Europe and elsewhere, which we created. We don’t know how many people have been unfairly incarcerated, tortured, denied their rights under the Geneva Convention, etc.
As a former US Army military police and military intelligence officer, with 5 years of active enlisted experience, a year as a non-commissioned officer in the Hawaii Army National Guard and 9 additional years in the active Guard and Reserve—and, with assignments to combat and combat support units—I am appalled that these gross violations of the Geneva Conventions and Army rules and regulations ever took place. Even more so that there have been relentless efforts to cover up these criminal acts, and to avoid assigning accountablility. With the notable exception of General Taguba, I am embarrased by the reported conduct of all of the flag officers who have handled this matter throughout the chain of command.
I was trained to operate and assigned to a domestic Army confinement facility at Fort Huachuca AZ, and am intimately familiar with the rules and regulations which govern prisoners of war, non-combatant internees and others who might have been confined to Abu Ghraib. I am also familiar with the axiom that an officer is responsible for the care and conduct of all of those under his command. All of the officers and non-commissioned officers involved directly in this matter, save Sergeant Provance, have obviously failed in their duties to prevent such abuse, and report it if discovered.
While the bad acts of these supervisors and commanders don’t lessen the bad acts of the enlisted personnel who participated in or conducted torture, it is pitiful that a few lower ranking personnel should be held accountable when all indications are that the unlawful orders to engage in such activities came through their commanders and supervisors, and originated at the highest levels of the Department of Defense. Secretary Rumsfeld, Undersecretary Wolfowitz and others should be held accountable for these crimes. Sadly, it seems that such shall not be the case. Members of Congress should be ashamed that they have not taken affirmative steps to investigate and hold accountable those members of the administrative branch who encouraged and demanded this heinous conduct.
We are clearly as bad, or worse, than the enemies we fight in this faux ‘war on terrorism.’
It is my hope that you live long enough to testify at an international war-crimes trial to punish all these criminals who are destroying the USA.
One of the real eye-opening moments for me in just how low some of the politicians will go, was during the Shays campaign. I had watched Shays chair a subcommittee hearing on whistleblowers where Sam Provance was one of the witnesses. It was a shocking hearing and having IG representatives sit there, bored, while the list of retialtions against the whistleblowers - retaliations that the IG’s office should have done something about - went on and on.
But in connection with Provance, a huge part of his time was directed towards, not just the retaliation against him (after guys like Lindsay Graham made a pretense of interest so they could better participate in the later legislative cover up), but also towards his direct testimony about the issues involving MI as opposed to MP and the more substantial and seemingly directly authorized up the chain abuses in which MI engaged.
Shays made all kinds of noises about being shocked, concerned, convinced, etc. and he scolded the IGs etc. But a few months later, while in campaing mode, Shays made the incredible statements about Abu Ghraib just being a “sex ring.” Nothing about all the info he had been exposed to on the MI aspects - the “GITMO”-ization, the abuse of a child of a detainee. Nothing about, even, the fact that 80-90% of those at Abu Ghraib had no business being there at all, but they were treated just the same - with degredation, humiliation and pain all for the sake of inflicting. He never mentioned the months of family members sobbing outside of Abu Ghraib, without any ability to even find out if their missing family members were dead or at Abu Ghraib or dead at Abu Ghraib.
No ability until Rumsfeld arrived - post picture release - and like Nero exercised the perogative of the king and authorized the release, without apology, of hundred and hundred.
They have dealt with their torture and war crimes and abuse and joint degredation of the Iraqi people and the US forces by making sure that they have better control over the pictures.
The Jews went after their torturers at the end of WWII so I will not be offended or defensive when Iraqis come after those who tortured them so enthusiastically. Since they know we will not put them on trial or deal with them in a just manner I don’t blame them for dealing with Rumsfeld and buddies according to their own justice, do you? I only hope that innocent people here don’t have to die or suffer in the process, though I’m sure many Iraqis outside the prison suffered greatly.
Sometimes, unseen, Justice comes in most unexpected and devastating ways. Your comments were most accurate and appreciated.
Nothing about bush prior to his election indicates he understands the concept of ‘honor’. His cowardice in running from Vietnam, lying about his records, on and on, tell of his character or lack thereof. Much worse, his dishonor has become a malignant disease, spreading throughout the leadership, seemingly infecting even the opposition, who can’t seem to find the gumption to ship bush off to the Hague where he deserves to hang.
You’re right Zogby. Once you have driven all the able bodied into refugee status, the disabled old men and women and children don’t put up much of a fight. Why, I believe at My Lai the only injury to soldiers was someone who shot himself in the foot - but they were able to kill hundreds and hundreds by taking that fight to the enemy.
Sure, now and then there would be a two yo toddler who would, shrieking, try to crawl out of the kill pits when the first round of bullets missed him, but just like we are developing now in Iraq - we had intrepid soldiers like Calley who were able to grab that child, toss him back in and kill him, all without injury.
Booyah.
Soldiers eventually fit the face of their commanding officers. That happened in Vietnam and it has happened in Iraq and whether the officers are named Ware or Mattis or Fay - they all know a thing or two about reconciliation that they can teach the Iraqis.
First - you forgive yourself for your own atrocities. Then you give a medal to those who cover them up. Then you attack those who reveal them. Then you re-write history and bury the bodies deep, with no names - dehumanized for all of time. And you make despised those who stood for doing the right thing.
The Fays are helping to insure an army of Calleys and not of Thompsons. That really is the only reason to stay in Iraq. To reshape the military in that image. God bless all those who have fought with honor to try to prevent that. There’s nothing to say for the leadership who have done the opposite. No prayer that won’t recoil from having their names invoked. They’ve damaged America as much as they have Iraq.
Zogby, old sport, the one desiring to have the chance to testify in the prosecutions of the officers alleged to have been involved in abuses at Abu Ghraib is not Larry Johnson. Sorry to have to be the one to break it to you, but the one who wants to have the opportunity to testify is - wait for it - Sam Provance, the former sergeant who served at Abu Ghraib. Follow the chain if you will: Sam Provance, former non-commissioned officer writes a post; Alternet puts this post into circulation on the internet; SusanUnPC, thinking that this posting might be of interest to visitors to this blog, acquires the right to repost the article on noquarter. That’s right, ace, that’s why the phrase “reprinted with permission” appears in the fourth line of the post, right after the credits for both the authorship of the article, and for the website which originally posted it to the internet. You see, the title of the article refers to the frustration of the AUTHOR OF THE ARTICLE IN QUESTION with not having been called to testify in connection with the “investigation” and “trials” appended thereto despite his having witnessed crucial events during his duty posting to Abu Ghraib himself. Larry Johnson didn’t write the article, Larry Johnson didn’t originally post the article to the internet, Larry Johnson didn’t even secure the permission to re-post it on noquarter, SusanUnPC did. So, Larry Johnson had nothing to do with the article, from its inception to its appearance on noquarter. So basically, your posting at 20:19:25 is completely without foundation. You HAVE exposed your prejudices; but still more tellingly, you have revealed yourself to be incapable of absorbing information right in front of your face. Tell you what, spittle boy, when you have mastered that skill, why don’t you come back and have your ass handed to you on your INTERPRETIVE skills, too. I’m sure you will find plenty of takers for this task, as easy as it may prove to be. Until then, take your gratuitous insults towards the host of this site, and push off.
Zogby, AKA Winning Side, AKA Tom, has been setting records for dishonesty and obtuseness. Given some of the trolls I’ve encountered here and elsewhere, that’s saying something. It looks like the process of banning him has removed his post there, along with my response and LJ’s, but he wrote comments there under two different pseudonyms in the “The Price of Progress” article, meanwhile accusing Larry of intellectual dishonesty.
No Quarter is better off to be rid of him, I think.
I’d like to know when Congress is going to start calling the civilians to testify at it’s many hearings. You know, the ordinary, every day, law abiding citizen who may have had his life ruined or nearly ruined because he happened to be an innocent by-stander in the wrong place at the wrong time and now being expected to just LIVE with it. Something tells me there are plenty of these types waiting to come out of the woodwork.
Zogby was none other than Other Tom,
Susan ordered him to be gone and he’s gone…banned.
I actually wish Mr. Johnson would have left the comments made by “Zogby”.
They would have been proof positive that Republican hacks troll the internet blogs spouting whatever nonsense they think they must to silence and discredit those who speak the truth.
For the record, one of the removed comments by Zogby was that they wouldn’t let Mr. JOHNSON testify… except… the article is about Sam Provance not being allowed to testify, not Mr. Johnson.
I’d have left the comments in place so he could be rightfully ridiculed!
Sorry Michael,
I wasn’t able to ban Zogby and save his comment, I’m still learning. The comment is now gone.
it is inexplicable to me why the dem. congress won’t call sam provance, karen kwiatowski, sam gardiner, etc.
disgusting.
Cujo,
Sorry, when I erased Ralph aka Other Tom aka Zeus aka Zogby aka….comment as spam, it also erased your reply to him. Apparently replies to spam are automatically erased also. If you see another Other Tom comment, and want to reply to him, use the post a comment feature instead of reply to comment, OK? Meanwhile, if I see a “reply to comment” to Other Tom, I’ll save it next time and repost it.
If you’re refering to the “fake news story” comment, no worries. As far as I’m concerned, that comment did its job and died a noble death. Anyone who puts a story here with no attribution, or makes one up, ought to be called on it. “Other Tom” was doing one or the other.
The blanked out text in the attached PDF document is visible by right clicking. The PDF plugin extracts the text.
Interesting stuff.