April, 22 2016, 04:15pm EDT

Court Rules ACLU Lawsuit Against CIA Torture Psychologists Can Proceed
Judge Rejects Psychologists’ Motion to Dismiss Case Filed on Behalf of Three CIA Torture Victims
SPOKANE, Wash.
In a decision today that is unprecedented for a lawsuit involving CIA torture, a federal judge said that he would allow a lawsuit against the two psychologists who designed and implemented the CIA program to move forward.
The case was brought by the American Civil Liberties Union on behalf of three men -- Gul Rahman, Suleiman Abdullah Salim, and Mohamed Ahmed Ben Soud -- who were tortured using methods developed by the CIA-contracted psychologists, James Mitchell and John "Bruce" Jessen.
Announcing his ruling from the bench at a hearing today on the psychologists' motion to dismiss, U.S. District Court Senior Judge Justin Quackenbush gave attorneys in the case 30 days to come up with a plan for discovery, a first in a lawsuit concerning CIA torture.
"This is a historic win in the fight to hold the people responsible for torture accountable for their despicable and unlawful actions," said ACLU Staff Attorney Dror Ladin, who argued in court today. "Thanks to this unprecedented ruling, CIA victims will be able to call their torturers to account in court for the first time."
The judge said that he would deny the psychologists' motion, which had argued that the lawsuit should be dismissed because the judiciary could not consider the case because it is a "political question" for only the executive and legislative branches to decide. Mitchell and Jessen also argued that they have immunity from lawsuits because they were working as government contractors.
Until now, every lawsuit trying to hold people accountable for the CIA torture program has been dismissed before reaching the merits because the government successfully argued that letting the cases proceed would reveal state secrets. But earlier this month, in an unprecedented move, the Justice Department filed a "statement of interest" in the case but specifically did not invoke the state-secrets privilege.
To the contrary, the government indicated that it would be open to the case proceeding to discovery if certain information is off limits, such as the identities of covert CIA operatives. The ACLU said it believes it can come to an agreement with the Justice Department on a set of procedures for information that is not relevant to the lawsuit.
The torture endured by the plaintiffs was detailed in the Senate Intelligence Committee's landmark report on CIA torture. The U.S. has never charged or accused the victims of any crime. One of them was tortured to death, and the other two are now free.
Mitchell and Jessen helped convince the agency to adopt torture as official policy, making millions of dollars in the process. The two men, who had previously worked for the U.S. military, designed the torture methods and performed illegal human experimentation on CIA prisoners to test and refine the program. They personally took part in torture sessions and oversaw the program's implementation for the CIA.
Torture methods devised by Mitchell and Jessen and inflicted on the three men include slamming them into walls, stuffing them inside coffin-like boxes, exposing them to extreme temperatures and ear-splitting levels of music, starving them, inflicting various kinds of water torture, depriving them of sleep for days, and chaining them in stress positions designed for pain and to keep them awake for days on end. The two victims who survived still suffer physically and psychologically from the effects of their torture.
The plaintiffs include the family of Gul Rahman, who died because of torture. He was an Afghan refugee living in Pakistan with his wife and their four daughters, making a living selling wood to fellow residents of their refugee camp. An autopsy and internal CIA review found the cause of death to be hypothermia caused "in part by being forced to sit on the bare concrete floor without pants" with contributing factors of "dehydration, lack of food, and immobility due to 'short chaining.'" The family has never been officially notified of his death, and his body has never been returned to them for burial.
Another plaintiff is Suleiman Abdullah Salim, a fisherman from Tanzania. The U.S. military released him over five years after his abduction with a letter acknowledging that he poses no threat to the United States. He now lives in Zanzibar with his wife and his young daughter.
The third plaintiff is Mohamed Ahmed Ben Soud. He fled his native Libya in 1991, fearing persecution for his opposition to Muammar Gadhafi's dictatorship. In 2003, Ben Soud was captured in a joint U.S.-Pakistani raid on his home and sent to two secret CIA prisons in Afghanistan, where he was held and tortured for over two years. Ben Soud saw Mitchell in the first of these prisons, later identifying him as a man present in a room where CIA interrogators were torturing him by forcibly submerging him in ice water. Ben Soud was freed in 2011 after Gadhafi was deposed, and he now lives with his wife and three children.
In addition to torturing prisoners themselves, Mitchell and Jessen trained and supervised other CIA personnel in their methods. In 2005, they founded a company -- Mitchell, Jessen & Associates -- that the CIA contracted with to run its entire torture program, including supplying interrogators and security for black sites and rendition operations. According to the Senate report, the government paid the company $81 million over several years. The CIA let Mitchell and Jessen themselves evaluate the effectiveness of their torture in "breaking" detainees, and the agency has since admitted that this was a mistake.
Citing experiments conducted on dogs in the 1960s, Mitchell and Jessen proposed to the CIA a program based on the intentional infliction of intense pain and suffering, both physical and mental. In the 1960s' experiments, dogs were subjected to random electric shocks, and they eventually collapsed into a passive state termed "learned helplessness." According to Mitchell and Jessen's theory, if humans were psychologically destroyed through torture and abuse, they would become totally unable to resist demands for information.
The CIA adopted Mitchell and Jessen's proposals, and in August of 2002, the agency secured Justice Department authorization in the so-called "torture memos," which were later rescinded by the Justice Department.
The lawsuit was filed in federal court in Washington State, where Mitchell, Jessen & Associates was based and where Jessen still lives. The plaintiffs are suing Mitchell and Jessen under the Alien Tort Statute -- which allows federal lawsuits for gross human rights violations -- for their commission of torture; cruel, inhuman, and degrading treatment; non-consensual human experimentation; and war crimes.
All case documents are at:
https://www.aclu.org/cases/salim-v-mitchell-lawsuit-against-psychologists-behind-cia-torture-program
A short documentary featuring interviews with a plaintiff and a psychology expert, plus graphics and more information, are at:
https://www.aclu.org/darkness
Photos of the plaintiffs for press use are at:
https://www.dropbox.com/sh/1u48invqaxeji5t/AACtreHhompyNo4uEQTopS2fa
This statement is at:
https://www.aclu.org/news/court-rules-aclu-lawsuit-against-cia-torture-psychologists-can-proceed
The American Civil Liberties Union was founded in 1920 and is our nation's guardian of liberty. The ACLU works in the courts, legislatures and communities to defend and preserve the individual rights and liberties guaranteed to all people in this country by the Constitution and laws of the United States.
(212) 549-2666LATEST NEWS
Senate Tosses 'Dangerous Provision' Preventing State-Level AI Regulation From GOP Megabill
"From the start, this provision had Big Tech's money and lobbyists all over it. This is a major victory for the American people over the AI industry," said one advocate.
Jul 01, 2025
With a 99-1 vote early Tuesday, the Republican-controlled Senate decided to remove a controversial provision that would have prevented state-level regulation on artificial intelligence for 10 years from U.S. President Donald Trump's massive tax and spending bill that is currently being debated in Congress.
Sen. Thom Tillis (R-N.C.) was the lone lawmaker who voted to keep the moratorium in the bill.
While far from the only controversial part of the reconciliation package, the provision drew opposition from an ideologically diverse group that included Democratic and Republican state attorneys general; over 140 groups working to support children's online safety, consumer protections, and responsible innovation; and faith leaders.
Senators struck Sen. Ted Cruz's (R-Texas) AI measure from the megabill by adopting an amendment introduced by Sen. Marsha Blackburn (R-Tenn.). They voted on Blackburn's amendment during a session known as a vote-a-rama. Blackburn introduced the amendment after considering an agreement that would have watered down the provision.
According to The Verge, the measure that was rejected on Tuesday required states to avoid regulation AI and "automated decision systems" if they wanted to get funding for their broadband programs.
The provision would have been a major win for Big Tech, which has made the case that state laws around AI are obstructing their ability to do business.
Advocates and Democratic lawmakers cheered the decision to strip the provision.
"From the start, this provision had Big Tech's money and lobbyists all over it. This is a major victory for the American people over the AI industry. It shows that Americans are aware of the proliferation of AI harms in real time," said J.B. Branch, Big Tech accountability advocate at the watchdog group Public Citizen.
Sen. Edward Markey (D-Mass.) said Tuesday that "early this morning, the Senate overwhelmingly voted to reject a dangerous provision to block states from regulating artificial intelligence, including protecting kids online. This 99-1 vote sent a clear message that Congress will not sell out our kids and local communities in order to pad the pockets of Big Tech billionaires."
In addition to concerns focused on Big Tech, experts recently told The Guardian that in the absence of state-level AI regulation, untrammeled growth of AI would take a toll on the world's "dangerously overheating climate."
Sacha Haworth, the executive director of the Tech Oversight Project, credited the "massive" defeat of Cruz's provision to the "incredible mobilizing by advocates to beat back Big Tech lobbying and last-minute bullying."
Keep ReadingShow Less
Critics Shred JD Vance as He Shrugs Off Millions of Americans Losing Medicaid as 'Minutiae'
"What happened to you J.D. Vance—author of Hillbilly Elegy—now shrugging off Medicaid cuts that will close rural hospitals and kick millions off healthcare as 'minutiae?'" asked Rep. Ro Khanna (D-Calif.).
Jul 01, 2025
Vice President J.D. Vance took heat from critics this week when he downplayed legislation that would result in millions of Americans losing Medicaid coverage as mere "minutiae."
Writing on X, Vance defended the budget megabill that's currently being pushed through the United States Senate by arguing that it will massively increase funding to Immigration and Customs Enforcement, which he deemed to be a necessary component of carrying out the Trump administration's mass deportation operation.
"The thing that will bankrupt this country more than any other policy is flooding the country with illegal immigration and then giving those migrants generous benefits," wrote Vance. "The [One Big Beautiful Bill] fixes this problem. And therefore it must pass."
He then added that "everything else—the CBO score, the proper baseline, the minutiae of the Medicaid policy—is immaterial compared to the ICE money and immigration enforcement provisions."
It was this line that drew the ire of many critics, as the Congressional Budget Office has estimated that the Senate version of the budget bill would slash spending on Medicaid and the Children's Health Insurance Program by more than $1 trillion over a ten-year-period, which would result in more than 10 million people losing their coverage. Additionally, Sen. Rick Scott (R-Fla.) has proposed an amendment that would roll back the expansion of Medicaid under the 2010 Affordable Care Act, which would likely kick millions more off of the program.
Many congressional Democrats were quick to pounce on Vance for what they said were callous comments about a vital government program.
"So if the only thing that matters is immigration... why didn't you support the bipartisan Lankford-Murphy bill that tackled immigration far better than your Ugly Bill?" asked Rep. Daniel Goldman (D-N.Y.). "And it didn't have 'minutiae' that will kick 12m+ Americans off healthcare or raise the debt by $4tn."
"What happened to you J.D. Vance—author of Hillbilly Elegy—now shrugging off Medicaid cuts that will close rural hospitals and kick millions off healthcare as 'minutiae?'" asked Rep. Ro Khanna (D-Calif.).
Veteran healthcare reporter Jonathan Cohn put some numbers behind the policies that are being minimized by the vice president.
"11.8M projected to lose health insurance," he wrote. "Clinics and hospitals taking a hit, especially in rural areas. Low-income seniors facing higher costs. 'Minutiae.'"
Activist Leah Greenberg, the co-chair of progressive organizing group Indivisible, zeroed in on Vance's emphasis on ramping up ICE's funding as particularly problematic.
"They are just coming right out and saying they want an exponential increase in $$$ so they can build their own personal Gestapo," she warned.
Washington Post global affairs columnist Ishaan Tharoor also found himself disturbed by the sheer size of the funding increase for ICE that Vance is demanding and he observed that "nothing matters more apparently than giving ICE a bigger budget than the militaries of virtually every European country."
Keep ReadingShow Less
'Heinrich Should Be Ashamed': Lone Senate Dem Helps GOP Deliver Big Pharma Win
The provision, part of the Senate budget bill, was described as "a blatant giveaway to the pharmaceutical industry that would keep drug prices high for patients while draining $5 billion in taxpayer dollars."
Jul 01, 2025
The deep-pocketed and powerful pharmaceutical industry notched a significant victory on Monday when the Senate parliamentarian ruled that a bill described by critics as a handout to drug corporations can be included in the Republican reconciliation package, which could become law as soon as this week.
The legislation, titled the Optimizing Research Progress Hope and New (ORPHAN) Cures Act, would exempt drugs that treat more than one rare disease from Medicare's drug-price negotiation program, allowing pharmaceutical companies to charge exorbitant prices for life-saving medications in a purported effort to encourage innovation. (Medications developed to treat rare diseases are known as "orphan drugs.")
The consumer advocacy group Public Citizen observed that if the legislation were already in effect, Medicare "would have been barred from negotiating lower prices for important treatments like cancer drugs Imbruvica, Calquence, and Pomalyst."
Among the bill's leading supporters is Sen. Martin Heinrich (D-N.M.), whose spokesperson announced the parliamentarian's decision to allow the measure in the reconciliation package after previously advising that it be excluded. Heinrich is listed as the legislation's only co-sponsor in the Senate, alongside lead sponsor Sen. John Barrasso (R-Wyo.).
"Sen. Heinrich should be ashamed of prioritizing drug corporation profits over lower medicine prices for seniors and people with disabilities," Steve Knievel, access to medicines advocate at Public Citizen, said in a statement Monday. "Patients and consumers breathed a sigh of relief when the Senate parliamentarian stripped the proposal from Republicans' Big Ugly Betrayal, so it comes as a gut punch to hear that Sen. Heinrich welcomed the reversal and continued to champion a proposal that will transfer billions from taxpayers to Big Pharma."
"People across the country are demanding lower drug prices and for Medicare drug price negotiations to be expanded, not restricted," Knievel added. "Sen. Heinrich should apologize to his constituents and start listening to them instead of drug corporation lobbyists."
The Biotechnology Innovation Organization, a lobbying group whose members include pharmaceutical companies, has publicly endorsed and promoted the legislation, urging lawmakers to pass it "as soon as possible."
"This is a blatant giveaway to the pharmaceutical industry that would keep drug prices high for patients."
The nonpartisan Congressional Budget Office has estimated that the ORPHAN Cures Act would cost U.S. taxpayers around $5 billion over the next decade.
Merith Basey, executive director of Patients For Affordable Drugs Now, said that "patients are infuriated to see the Senate cave to Big Pharma by reviving the ORPHAN Cures Act at the eleventh hour."
"This is a blatant giveaway to the pharmaceutical industry that would keep drug prices high for patients while draining $5 billion in taxpayer dollars," said Basey. "We call on lawmakers to remove this unnecessary provision immediately and stand with an overwhelming majority of Americans who want the Medicare Negotiation program to go further. Medicare negotiation will deliver huge savings for seniors and taxpayers; this bill would undermine that progress."
Keep ReadingShow Less
Most Popular