Trump Ordered Guantanamo to Stay Open, Now APA to Vote on Overturning Ban on Psychologists at GuantanamoThe American Psychological Association’s Board of Directors and Council Leadership team have endorsed a new agenda item for APA’s upcoming national meeting in early August. Labelled New Business Item (NBI) 35B, the resolution would overturn a 2015 APA decision calling for the removal of all psychologists from Guantanamo, stating psychologists may not work in “settings where persons are held outside of, or in violation of, either International Law…or the US Constitution.”
An exception had been made for non-military or independent psychologists who could treat detainees when “they are working directly for the persons being detained or for an independent third party working to protect human rights.”
The proposed change comes after President Trump issued an executive order in January 2018 reversing President Obama’s stated, but unfulfilled, promise to close Guantanamo. Trump has announced that he intends to send newly captured “terrorists” to the Cuba-based military prison, though none have been sent there as yet.
Psychologist Participation in TortureThe current APA policy prohibiting psychologists from working at Guantanamo followed a series of scandals relating to the participation of psychologists in torture by both the Department of Defense and the Central Intelligence Agency. In August 2017, two CIA contract psychologists, James Mitchell and Bruce Jessen, settled a lawsuit brought by the ACLU on behalf of two CIA torture victims and the family of one CIA detainee who died in custody. The terms of the settlement have been kept confidential.
In 2008, a referendum was first proposed by rank-and-file members of the APA that called for removal of psychologists from Guantanamo and CIA “black sites” where torture and other human rights violations were conducted. APA fought that referendum and delayed its implementation.
But in the aftermath of a 2015 report by an independent investigator, Chicago attorney David Hoffman, which documented numerous contacts between APA officials and DoD and CIA contacts, particularly pertaining to the development of APA’s “Psychologists in National Security” policy, APA fired some officers, and others resigned, while the banning of psychologists at sites like Guantanamo was finally made official APA policy.
This author has contended the Hoffman report soft-pedaled the influence of CIA on APA affairs, noting that David Hoffman previously worked with and still has “limited, occasional contact” with former CIA special counsel, Kenneth J. Levit, and George Tenet, who was CIA director during the time CIA’s “enhanced interrogations” torture program was implemented.
But the loudest criticism of APA and Hoffman came from a number of people named in the Hoffman Report itself, who have sued David Hoffman and APA, contending the report made “false claims,” defamatory statements, and omitted key documents that would show APA officials were not involved in any unethical or illegal activity.
In a February 2018 open letter to APA membership, key members of the lawsuit turned to APA for assistance. “We ask APA members to press the Council and the Board to take control back from the lawyers’ hands, and to bring this painful chapter in the APA’s history to a fair and prompt end,” they wrote.
It would seem that help was already on the way. In August 2017, two members of Division 19, the Society for Military Psychology, a small but influential group within APA, put forward a new resolution meant to undo the banning of psychologists from treating detainees at Guantanamo and similar “illegal” sites.
The authors of the new resolution are Sally Harvey, a past president of the military psychology division, and Carrie Kennedy, Division 19’s representative to APA Council and the former Chief of Behavioral Health Services for detainees at Guantanamo.
Harvey is also a co-mover of another resolution up for consideration at the upcoming APA council meeting next month (NBI 13D). This resolution would remove the Hoffman report from the APA’s website for alleged “inaccuracies.”
Inside APA, there’s some fear of unknown legal repercussions if the report were taken down. The APA’s ad hoc Committee on Legal Issues (COLI), which styles itself the “think tank” for APA’s Board of Directors, has recommended rejecting this particular resolution.
“Outside the Law”Meanwhile, NBI 35B, the resolution that would bring psychologists back to Guantanamo, has COLI’s support. In a May 25, 2018 letter to the Board, COLI “unanimously” supported the change that would let psychologists treat detainees “held outside of…either International Law…or the US Constitution,” i.e., outside customary legal detention. Some have said“outside the law” itself.