The Liberal Patriot

Clear and Present Dereliction of Duty – A Summary of the Taguba Report

J.G. Schwam - May 9, 2004

Recently the purpose of Pentagon funded “security contactors” operating in the Iraq and Afghanistan theatres was hotly debated. One of the posed justifications was that they could do what US military troops cannot. Many dismissed this gray veiled statement with unknowing trust of what some civilian Defense Department official somewhere had in mind. Violation of the Geneva Conventions was one the considerations on our minds. Let there be no mistake. Willful command decisions were made to assume that non-combatant civilians could operate with impunity, without respect to the Geneva Conventions. Were decisions to allow contractors to conduct or encourage prisoner abuse not willful, then the officers involved in these decisions are derelict in their supervisory duties for allowing them; or being so substantially disengaged as to not beware of the egregious conditions under their command. This makes them for either reason derelict in the performance of their duty.

The situation however is worse than that. A number of officers of regular Army and reserve units who where placed in command of the Forward Operations Base (FOB), Baghdad Central Confinement Facility (BCCF) known to Iraqi’s prior the US occupation as Abu Gharib Prison where blatantly derelict in their duty to their troops, their mission, the detainees and the nation they serve. One of the most damning revelations in the Taguba Report is that Military Intelligence personnel and even non-military civilian contract interrogators were able to communicate directly with and “direct” poorly trained and briefed reservist enlisted Military Police soldiers. Who in many cases were acting in roles for which they were not trained, as “internment and resettlement” duties as prison guards.

As allegations of misconduct at military detention facilities in Iraq began to surface last December, CENTCOM Chief of Staff Ricardo S. Sanchez ordered commander Coalition Forces Land Component Command (CFLCC) Lieutenant General David D. McKiernan to initiate an investigation. LTG McKiernan ordered Major General Antonio M. Taguba Deputy Commander for Support to CFLCC to head an investigation.

MG Taguba pulled no punches and did a standup job detailing the amazing lack of supervision, lack of training, lack of oversight and scathing acts of cruelty not only under the Geneva Conventions but the civil codes of conduct in any prison in the USA.

MG Taguba’s investigative team looked closely at report on filed by Major General Geoffrey D. Miller, “DoD Counter-Terrorism Interrogation and Detention Operations in Iraq”. In this report MG Miller reported that he observed the “application of emerging strategic interrogation strategies and techniques contain new approaches and operational art”. He recommended a “legal review and recommendations” by a Command Judge Advocate is required. MG Miller’s colorful language ominously portends what revelations are to come about what is occurring at that time in Abu Gharib. Prior to being ordered to Iraq MG Miller was the commander of JTF-GTMO or Joint Task Force, “Gitmo”.

Not only are the Geneva Conventions not posted anywhere in Abu Ghraib in English for review by the guards it neither posted in the language of the detainees. The conventions require both. Despite the insistence by several MP and MI personnel interviewed that they received regular training on basics of “detainee operations” and Geneva Convention rules, no proof or sign in rosters exist nor do any soldiers who can recall the content of this training.

Abu Gharib is a mess.

Iraqi guards at the facility accused of having questionable work ethics furnished detainees with contraband, weapons and information. They also have facilitated the escape of at least one detainee. Between June 4 03 and January 26 04 numerous escapes, abuses and shootings took place.

The 800^th MP Brigade was created in a reorganization that combined two MP Battalions the 115^th and the 324^th that were under strength due to rotations of reserve units that served their maximum of 24 months in five years or through medical losses. Despite this the unit remains under strength. These reserve units do not have a procedure for personnel replacement as do regular army units and thus are continually under strength.

The 800^th units are not “Internment/Resettlement” units. The report sites that they did not at any time receive any training specific to this mission. There are currently only two such battalions in the army. Neither ever operated nor assisted in the training of the MP units operating in Abu Ghraib.

Military Intelligence officers operating under the 800^th’s chain of command had some sort of agreement with some of the enlisted MP’s that they would provide “favorable conditions” for interrogations in which they in some cases participated. The ambiguous terms “OGA’s” or other government agencies as well as MI interrogators actively requested that MP’s set “physical and mental” conditions for “favorable” interrogation of witnesses. MG Taguba states that under military doctrine under no circumstances should MP’s participate in MI interrogations.

The report outlines numerous wantonly abhorrent “findings of fact”. It details clear misconduct, incompetence, dereliction of duty and outwardly disgraceful, criminal conduct by many officers and enlisted personnel.

In the reports words: That, between October and December of 2003 that at the Abu Ghraib BCCF “numerous incidents of sadistic, blatant and wanton criminal abuses where inflicted on several detainees. This systematic abuse was perpetrated by several members of the 320^th MP Company and the 800^th MP Brigade”.

This is supported by numerous witness statements and extremely graphic video tape and photographs some of which, described in the report are too graphic to release publicly.

Some of the reports corroborated instances of abuse include instances in which:

Detainees were forced to remain naked for several days.

Detainees were forced in groups, to masturbate themselves while being taped and photographed.

Detainees were forcibly arranged into sexually explicit positions specifically for the purpose of for photographing them.

A male MP had sex with a female detainee.

Detainees where burned with phosphorus poured on them from chemical lamps or light sticks broken specifically for that purpose.

Detainees where sodomized with broomsticks and light sticks.

Other acts of incompetence by officers of the 800^th MP include failure to provide accurate administrative accountability, including the failure to complete the minimum requirement of two “100%” headcounts daily. In some cases the report says these counts were dome only twice a week.

As a result, there where at least 27 detainee escapes. The report alleges that there were several detainees missing that were “written off” as administrative errors or lapses. There also “ghost detainees” brought in some cases by MI whose identity was withheld from BCCF command. In addition to tolerating this, Facility commander Brigadier General Janis Karpinski reported to investigators that there where 32 escapees, a number that could not be corroborated by the grossly inadequate records kept under her command.

Civilian “Contractors” from Titan Coproration and CACI Inc., third party countries “wandered about” in civilian clothing unsupervised, in detainee areas.

Several Commissioned and Non-Commissioned officers at Abu Ghraib are likely guilty of gross incompetence, criminally derelict of duty as well as criminally culpable in many of these disgraces.

The report recommends that the following officers be relieved from command

Brigadier General Janis Karpinksi, Commander 800^th MP Brigade:

For among other matters failing to obey an order of CFLCC Commander LTG McKiernan regarding the withholding of disciplinary authority for officer misconduct under her command. Failing to establish basic efficiency at the tasks assigned to which to the troops under her command were assigned and other charges.

Sergeant Major Marc Emerson, Operations SGM 320^th MP Battalion:

whom the report called not a credible witness because his statements regarding the holding regular briefings on Detainee Rules of Engagement and the general principles of the Geneva Conventions could not be corroborated by witness, personal observations by the investigators or records.

Lieutenant Colonel Jerry Phillabaum Commander 320^th MP Battalion:

Disciplined for lack of leadership and failing to take corrective measures as ordered by his superiors. Who at one time was unofficially sent LTG Karpinksi to Kuwait LTC for R&R because he couldn’t handle the pressure at Abu Ghraib. LTC Phillabaum is pending “Relief for Cause”, for dereliction of duty. He has already been removed from duty

Captain Leo Merck Commander 870^th MP Company:

Pending Court-Martial, charges already preferred for conduct unbecoming an officer. He is charged with taking nude pictures of female soldiers without their knowledge. They were found stored on his base computer.

Colonel Thomas M. Papas Commander 250^th MI Brigade:

Disciplined for failure to properly train or supervise his troops or brief them in protections required for detainees under the Geneva Conventions

Lieutenant Colonel Steven L. Jordan:

Is recommended to be relived form duty for making “material misrepresentations” to the investigating team as well as failure to train and brief his Soldiers.

The report also recommends numerous other personnel and officers be removed from duty.

The report also recommends the termination and reprimand of two civilian CACI Inc. employee interrogators.

Mr. Steven Stephanowicz, CACI Inc. contract interrogator, for his allowing or instructing MP’s who where not trained in interrogation techniques to facilitate interrogations by “setting conditions” favorable for interrogations. The report sates that he “clearly knew” his statements equated to physical abuse of detainees.

Mr. John Israel, CACI Inc. contract interrogator, for denying that he ever saw an investigation, a statement refuted by several witness.

Both contractors are also accused of making false statements to investigators.

Despite the incompetence detailed in the report by many officers the disgusting lack of character exhibited in the prisoner perpetrated abuse by enlisted personnel; SPC Jeremy Sivits, SPC Sabrina Harman, PFC Lynndie England does not excuse their actions. Their exhibition of a basic lack of understanding right and wrong sufficiently criminally implicates them.

If not for the efforts of Specialist Joseph M. Darby 372^nd MP Company to publicize these reprehensible actions we may never have known about them at all. The Taguba Report may have been as intended, kept secret and actions may or may not have ever been taken.

Also among others to be commended for their actions is Master at Arms First Class William J. Kimbro USN, a dog handler who despite pressure from numerous MI interrogators refused to participate in improper interrogations at Abu Ghraib. It is soldiers like SPC Darby and MAFC Kimbro who are true patriots, men of conscience who uphold their personal values and those our nation professes to stand for above all. We owe a debt to them for exposing actions that will likely be proven have been sanctioned or tacitly condoned by those in command.

The manner in which Rumsfeld, Wolfowitz and Bush have conducted this war have already disgusted and hastened the retirement of many excellent experienced and principled US military commanders. As a nation we cannot afford the consequences of a re-making of the US Armed Forces under the vision of the likes of Rumsfeld. He should resign not as he has he said for political reasons but for the reason of a public repudiation of his policies and the acknowledgement that his leadership is both flawed from a policy standpoint and in general inept and disengaged.

It is difficult to understand why civilian contractors need be used to directly interrogate those held under US military authority. It is easy to speculate that deniability for the military by allowing questionable actions by these civilian interrogators is the purpose. Another speculative purpose is that they do not have to report through the Armed Forces chain of command and only to Rumsfeld or the White House. Rumsfeld should explain why civilian contractors such as CACI, Inc. are being used in place of US MI personnel.

Not one American should have to be ashamed of the actions of the soldiers acting in their name. We should not be ashamed of the feigned concern and practiced speeches of compassion our civilian military commander exhibits.

The buck stops somewhere Mr. Rumsfeld, you have passed it too long.

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