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20 Years Later, Abu Ghraib Torture Victims Get Their Day in Court
"Meanwhile, the U.S. government STILL hasn't provided compensation or other redress to people tortured by U.S. troops in Iraq," said one observer. "These three men are the lucky few."
Apr 15, 2024
Two decades after they were tortured by U.S. military contractors at the notorious Abu Ghraib prison near Baghdad, three Iraqi victims are finally getting their day in court Monday as a federal court in Virginia takes up a case they brought during the George W. Bush administration.
The case being heard in the U.S. District Court in Alexandria, Al Shimari v. CACI, was first filed in 2008 under the Alien Tort Statute—which allows non-U.S. citizens to sue for human rights abuses committed abroad—by the Center for Constitutional Rights (CCR) on behalf of three Iraqis. The men suffered torture directed and perpetrated by employees of CACI, a Virginia-based professional services and information technology firm hired in 2003 by the Bush administration as translators and interrogators in Iraq during the illegal U.S.-led invasion and occupation.
"This lawsuit is a critical step towards justice for these three men who will finally have their day in court."
Plaintiffs Suhail Al Shimari, Asa'ad Zuba'e, and Salah Al-Ejaili accuse CACI of conspiring to commit war crimes including torture at Abu Ghraib, where the men suffered broken bones, electric shocks, sexual abuse, extreme temperatures, and death threats at the hands of their U.S. interrogators.
"This lawsuit is a critical step towards justice for these three men who will finally have their day in court. But they are the lucky few," Sarah Sanbar, an Iraq researcher at Human Rights Watch, wrote on Monday. "For the hundreds of other survivors still suffering from past abuses, their chances of justice remain slim."
"The U.S. government should do the right thing: Take responsibility for their abuses, offer an apology, and open an avenue to redress that has been denied them for too many years," Sanbar added.
U.S. military investigators found that employees of CACI and Titan Corporation (now L3 Technologies) tortured Iraqi prisoners and encouraged U.S. troops to do likewise. Dozens of Abu Ghraib detainees died in U.S. custody, some of them as a result of being tortured to death. Abu Ghraib prisoners endured torture ranging from rape and being attacked with dogs to being forced to eat pork and renounce Islam.
A May 2004 report by Maj. Gen. Anthony Taguba concluded that the majority of Abu Ghraib prisoners—the Red Cross said 70-90%— were innocent. In addition to thousands of men and boys, some women and girls were also jailed there as bargaining chips meant to induce wanted insurgents to surrender. Some of them said they were raped or sexually abused by their American captors; lesser-known Abu Ghraib photos show women being forced to expose their private parts. Some female detainees were reportedly murdered by their own relatives in so-called "honor killings" after their release.
Eleven low-ranking U.S. soldiers were convicted and jailed for their roles in the Abu Ghraib torture scandal. Brig. Gen. Janis Karpinski, the prison's commanding officer, was demoted. No other high-ranking military officer faced accountability for the abuse. Senior Bush administration officials—who had authorized many of the "enhanced interrogation techniques" used at prisons including Abu Ghraib and Guantánamo Bay—lied about their knowledge of the torture. None of them were ever held accountable.
Bush's successor, former President Barack Obama, promised to investigate—and if warranted, to prosecute—the Bush-era officials responsible for the torture that had become synonymous with the War on Terror. Instead, the Obama administration protected them from prosecution.
In 2013, L3 Technologies agreed to pay $5.28 million to 71 former Abu Ghraib detainees who were subjected to sexual assault and humiliation, rape threats, electrical shocks, mock executions, brutal beatings, and other abuse.
The following year, the 4th U.S. Circuit Court of Appeals overturned a lower court ruling prohibiting Abu Ghraib torture victims from suing U.S. companies implicated in their abuse. But the court later reversed itself, finding the case had sufficient ties to the United States to be heard in an American court. The suit was later dismissed under the political question doctrine, which prevents courts from ruling on issues determined to be essentially political.
However, in 2016, a 4th Circuit panel ruled that "the political question doctrine does not shield from judicial review intentional acts by a government contractor that were unlawful at the time they were committed," allowing the Iraqis' case to proceed.
"This is a historic trial that we hope will deliver some measure of justice and healing for what President Bush rightly deemed disgraceful conduct that dishonored the United States and its values," CCR senior attorney Katherine Gallagher toldThe Guardian on Monday.
"In many ways, this case may be seen as setting a precedent for holding contractors accountable for human rights violations should they happen in other contexts, too," she added.
CACI—which denies any wrongdoing—has tried to get the case dismissed 20 times. The company still lands millions of dollars worth of U.S. government contracts. In February, Fortuneincluded the firm on its "World's Most Admired Companies" list for the seventh straight year.
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Ilhan Omar Warns 'The Next Iraq Will Be Even Worse'
"Have we fully learned the lessons from this failed war of aggression, or are we doomed to repeat it?" the progressive lawmaker asked on the eve of the 20th anniversary of the U.S.-led invasion.
Mar 17, 2023
Congresswoman Ilhan Omar on Friday marked the upcoming 20th anniversary of the George W. Bush administration's invasion of Iraq—where thousands of U.S. troops remain today—by asking if Americans have learned anything from the "failed war of aggression" and warning that waging another such war will have even more dire consequences.
In a Twitter thread, Omar (D-Minn.) asserted that "20 years later, the Iraq War remains the biggest foreign policy disaster of our generation, one that took thousands of American lives and hundreds of thousands of Iraqi lives."
As Common Dreams reported Wednesday, the Costs of War Project at Brown University's Watson Institute for International and Public Affairs estimates as many as 580,000 people were killed in Iraq and Syria since 2003 and nearly 15 million people were made refugees or internally displaced by the war—which is forecast to cost a staggering $2.9 trillion by 2050.
The war was waged—under false pretenses against a country that had nothing to do with the September 11 attacks—by neoconservative Republicans in the Bush administration who since before 9/11 had sought a way to invade Iraq and oust erstwhile ally Saddam Hussein. The horrors of war and occupation included torture, indiscriminate killing, sex crimes, environmental devastation, and soaring birth defects caused by the use of depleted uranium weapons.
What then-White House Press Secretary Ari Fleischer called Operation Iraqi Liberation—OIL—devastated much of Iraq but enriched multinational corporations while creating a power vacuum that was eventually filled by Islamic State, whose rise to power in much of Iraq and neighboring Syria led to a second phase of the war launched during the administration of former President Barack Obama that continues today.
"Have we fully learned the lessons from this failed war of aggression, or are we doomed to repeat it?" Omar asked.
"Our foreign policy discourse remains fundamentally pro-war," Omar noted. "Think tanks (often the same ones who cheerled the Iraq War) outflank each other to justify armed conflict and derail diplomacy with adversaries like Iran."
Omar—whom Republicans recently ousted from the House Committee on Foreign Affairs—continued:
Instead of seeing China as a geopolitical challenge to be managed, politicians gin up jingoistic sentiment and nationalism to see who can be the most "anti-China."
Our spending on Pentagon waste and new weapons continues to rise uncontrollably—with weapons contractors wielding more lobbying power than ever in Washington.
Our national media too often treat war as a game—a way to juice ratings as fewer Americans turn into TV news—rather than the most horrific state of conditions to be avoided at all costs.
Claims from senior national security officials are reported as fact, even when no evidence for those claims is presented.
Much like the lost Iraqi lives lost were often ignored 20 years ago, we continue to ignore the pain and suffering of Black and Brown people in places like Syria, Yemen, Ethiopia, Myanmar, Haiti, and more.
"To truly be able to avoid another Iraq, we need a national reckoning with how we got into it the first place," argued Omar, who fled civil war in Somalia with her family when she was a child.
"We need accountability for those who got us into this war," Omar said. "But most of all we need to see all of our lives connected as part of the human fabric—to understand that the parent who loses a child in war could be us, that the child who is displaced could be our child."
"Because the next Iraq," she added, "will be even worse."
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As Trump Visits East Palestine, Critics Say 'He Should Be Apologizing' for Safety Rollbacks
"If residents of East Palestine... truly knew the reality, a delegation of townsfolk would likely greet Trump with tiki torches and pitchforks," wrote one commentator.
Feb 22, 2023
Ahead of former President Donald Trump's Wednesday visit to East Palestine, Ohio—where a Norfolk Southern-owned train transporting carcinogenic chemicals derailed on February 3, prompting a mass evacuation and release of pollutants—progressive critics highlighted the key role his administration played in making the fiery crash and its toxic aftermath more likely.
During his speech, Trump—considered a leading GOP presidential candidate for 2024 despite spearheading a deadly coup attempt following his 2020 loss—criticized how President Joe Biden's administration has responded to the environmental and public health disaster unfolding in East Palestine, a poor rural town of about 4,700 people located a few miles west of the Pennsylvania border.
But as critics noted beforehand, the Trump administration's gutting of train safety rules at the behest of railroad industry lobbyists was instrumental in creating the conditions for the derailment and ensuing chemical spill and burnoff, which has provoked fears of groundwater contamination and air pollution.
"He should be apologizing to that community for his administration rolling back rail regulations," progressive stalwart Nina Turner, a former Ohio state senator, tweeted prior to Trump's address.
\u201cFormer President Trump is on his way to East Palestine, Ohio today. \n\nHe should be apologizing to that community for his administration rolling back rail regulations.\u201d— Nina Turner (@Nina Turner) 1677089826
Philadelphia Inquirer columnist Will Bunch made a similar point in an opinion piece published earlier this week.
"If residents of East Palestine—a modern news desert of downsized or disappeared news sources, which allows misinformation to fester—truly knew the reality, a delegation of townsfolk would likely greet Trump with tiki torches and pitchforks," Bunch wrote, comparing the former president's visit to "the tendency of a criminal to return to the scene of his crime."
Bunch noted that "Trump acted specifically to sabotage a nascent government effort to protect citizens from the growing threat posed by derailments of outdated, poorly equipped, and undermanned freight trains that were increasingly shipping both highly flammable crude oil from the U.S. fracking boom as well as toxic chemicals like the ones that would derail in East Palestine."
"Trump had been in office for less than a year when he moved to kill the 2015 rule change initiated by the Obama administration that would have required freight trains to upgrade the current braking technology that was developed in the 19th century for state-of-the-art electronic systems," wrote Bunch, who pointed out that this came after Norfolk Southern and other rail carriers donated more than $6 million to Republican candidates in 2016 and spent millions more on lobbying.
"With the investigation into the East Palestine wreck still in its early phases, it's not clear if the modern brakes—originally required for installation by 2021—could have prevented the toxic derailment or whether the specific Obama rule would have applied," Bunch continued. "But experts do believe the new brakes could have mitigated the wreckage—and thus the release of so many hazardous chemicals."
"The rule reversal wasn't the only time that Team Trump sided with Big Rail over the forgotten Americans who live on the wrong side of their tracks," he added. "In 2019, for example, the Trump administration moved to not strengthen but relax regulations on shipping fracked natural gas through communities like East Palestine. The same year, Trump's White House also killed an Obama-era proposal that would have required two crew members in freight-train locomotives."
"The Trump approach to the rail industry was to let the companies do what they wanted, which was to avoid regulations, slash jobs, and extract profit."
Ahead of Trump's visit, More Perfect Union also argued on social media that the ex-president's "attempt to portray himself as a friend of the town and as someone who would have stood up to Norfolk Southern... couldn't be further from the truth."
As the progressive media outlet observed, the Trump administration "withdrew multiple rail safety recommendations and moved toward a 'self-regulatory approach' where rail companies could do as they pleased."
"It's no surprise that the Trump years were filled with dangerous deregulation," More Perfect Union asserted, describing his decision to nominate top rail industry executives to lead the Federal Railroad Administration and the Pipeline and Hazardous Materials Safety Administration as "a prime example of the revolving door between business and government."
"The Trump approach to the rail industry was to let the companies do what they wanted, which was to avoid regulations, slash jobs, and extract profit," the outlet continued. "This approach, and rail companies' greed, has led to over 1,000 derailments each year. Some are massive catastrophes like East Palestine. But every single one is harmful. And if the industry isn't regulated and forced to change, we'll soon be seeing more disasters."
When Trump "pretends to care about rail workers, or the people of East Palestine, we can't believe him," More Perfect Union added. "His record tells a very different story, the story of his own role in creating this problem in the first place."
Even some conservative critics of Trump have questioned the sincerity of his visit.
"It's clear that it's a political stunt," Ray LaHood, a Republican ex-member of Congress who led the U.S. Department of Transportation (DOT) during former President Barack Obama's first term, told Politico on Wednesday. "If he wants to visit, he's a citizen. But clearly his regulations and the elimination of them, and no emphasis on safety, is going to be pointed out."
Sen. Chris Murphy (D-Conn.) wasted little time in doing exactly that, calling the GOP's indignation "fake" soon after Trump announced his travel plans.
\u201cGood morning.\n\nThe same Republicans who are up in arms about East Palestine are the same ones who supported Trump\u2019s campaign to gut Obama\u2019s railroad safety regulations. \n\nIt\u2019s all fake indignation.\u201d— Chris Murphy (@Chris Murphy) 1676993065
Bunch acknowledged that "it's beyond hypocritical for Trump to bring his Harold Hill-huckster shtick to East Palestine when residents are still experiencing headaches and breathing foul air from the kind of catastrophe he didn't lift a finger to stop from the Resolute Desk."
"But also it's a bit baffling why Biden or his Transportation Secretary Pete Buttigieg—who seems to be channeling his inner McKinsey & Co. these days—haven't gone to Ohio," he argued. "Especially when Trump and any other Republicans hoping to make political hay off of East Palestine's misery are coming to town empty-handed."
"None of the anti-Biden critics on this issue have offered a solution, because they can't," wrote Bunch. "The only fix for the kind of runaway abuses of modern capitalism that cause these environmental catastrophes is government regulation, aided by empowering worker safety with strong unions—two things that the Trump-led GOP has opposed at every turn."
Even in the wake of the disaster, Republican lawmakers have refused to demand stronger regulations, as HuffPostreported:
Rep. Bill Johnson (R-Ohio), a vocal Biden critic who represents East Palestine, on Tuesday dismissed immediate calls for stricter rail regulations, saying actions toward accountability will hinge on the findings of a National Transportation Safety Board [NTSB] investigation into the derailment.
"That will dictate whether there are laws, regulations that need to be changed, whether there were rules that were violated," he said during a news conference in East Palestine. "We don't know any of that yet, and we won't know that until NTSB releases its report."
Hours before Trump spoke, Buttigieg announced that he plans to travel to East Palestine on Thursday. His visit is expected to coincide with the publication of the NTSB's preliminary report about its ongoing probe into the crash.
"Trump and any other Republicans hoping to make political hay off of East Palestine's misery are coming to town empty-handed."
On Tuesday, Buttigieg unveiled DOT's recommendations for improving the safety of the nation's rail system, though an inter-union alliance of rail workers immediately criticized the plan as inadequate.
Given the scale of the problems—and in light of the transportation secretary's ongoing refusal to exercise his authority to reinstate previously gutted rules along with his consideration of an industry-backed proposal to further weaken the regulation of train braking systems—union leaders have called for nationalizing the railways and implementing their proposed solutions.
Turner, for her part, emphasized that she has "been outspoken about the two years the Biden administration had [to] fix these problems."
"The Trump administration is at fault, as is the Obama administration," Turner contended, referring to the fact that the latter's regulations were also watered down in response to industry pressure.
"The Ohio GOP is to blame as well," she added, echoing recent reporting on Norfolk Southern's campaign to influence state-level lawmakers and officials. "Failure at every level of government and multiple administrations led to this."
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