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Context of 'September 20, 2003: Mortor Attack on Abu Ghraib Kills 2 Soldiers and Injures 11'

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John Walker Lindh’s trial comes to a sudden and unexpected end when prosecutors and defense attorneys strike a plea agreement. Lindh agrees to plead guilty to serving the Taliban. He also admits that while serving under the Taliban he carried a gun and grenades. This adds ten years imprisonment for the use of a firearm in the commission of a felony. [CBS News, 7/15/2002; Guardian, 7/15/2002; Associated Press, 7/15/2002; Plea Agreement. United States of America v. John Walker Lindh, 7/15/2002] The nine other counts, including the charges of conspiracy to murder Americans and providing material support to terrorists, are dismissed. In return, his defense withdraws the claim that Lindh has been abused or tortured at American hands. According to the agreement, Lindh “puts to rest his claims of mistreatment by the United States military, and all claims of mistreatment are withdrawn.” [Amnesty International, 10/20/2003] Defense attorney Jim Brosnahan tells journalist Seymour Hersh that “the Department of Defense insists that we state that there was ‘no deliberate’ mistreatment of John.” [New Yorker, 5/17/2004] And thus, in a formal statement, Lindh says, “that he was not intentionally mistreated by the US military.” [Mercury News (San Jose), 5/20/2004] Lindh’s other attorney, George Harris, tells the World Socialist Web Site, “I think that one thing that motivated the government to resolve the case was certainly their reluctance to have the evidence presented about how John Lindh was treated while he was in US military custody.” Another motive for the prosecutors to agree to a plea bargain, Harris suggests, is the expected disclosure during a public trial of the government’s own ties to the Taliban. [World Socialist Web Site, 10/7/2002] Harris explains that there was good reason to assume that if the trial would go in favor of Lindh, the government would declare him an “enemy combatant” and detain him indefinitely, perhaps in solitary incommunicado confinement, without charges, access to lawyers or relatives, like it had done only recently, on June 9 (see June 9, 2002), to another US citizen Jose Padilla. “It was the government’s position,” Harris says, “that even if John Lindh had been acquitted, or had been convicted and served his time, that it still would have been within the government’s power to declare him an enemy combatant and continue to detain him.” [World Socialist Web Site, 10/7/2002] Lindh was therefore in a no-win-situation. Even after release following his twenty-year sentence, he will not be certain of his freedom. The plea agreement says that “for the rest of the defendant’s natural life, should the Government determine that the defendant has engaged in [proscribed] conduct […] the United States may immediately invoke any right it has at that time to capture and detain the defendant as an unlawful enemy combatant.” [Plea Agreement. United States of America v. John Walker Lindh, 7/15/2002]

Entity Tags: John Walker Lindh

Timeline Tags: Torture of US Captives, War in Afghanistan

CIA Director George Tenet meets with National Security Adviser Condoleezza Rice. Rice tells Tenet that the CIA can begin its proposed interrogation plan for captured alleged al-Qaeda operative Abu Zubaida (see March 28, 2002 and July 13, 2002), advising him “that the CIA could proceed with its proposed interrogation” of Zubaida. Rice’s authorization is subject to a determination of legality by the Justice Department’s Office of Legal Counsel (see August 1, 2002). [Senate Intelligence Committee, 4/22/2009 pdf file; BBC, 4/23/2009] The CIA has already begun torturing Zubaida (see April - June 2002, Mid-May, 2002, Mid-May 2002 and After, Mid-May 2002 and After, and June 2002).

Entity Tags: Condoleezza Rice, George J. Tenet, Office of Legal Counsel (DOJ), US Department of Justice, Abu Zubaida, Central Intelligence Agency

Timeline Tags: Torture of US Captives

Terror suspect Binyam Mohamed (see May-September, 2001) is flown from Pakistan to Morocco as part of a joint British-American attempt to force him to divulge information about possible nuclear devices owned by Islamist militants (see May 17 - July 21, 2002). He is flown—trussed, gagged, blindfolded, and diapered (see October 4, 2001)—to Rabat, Morocco, a flight later confirmed by the CIA’s own flight logs. He remains in Moroccan custody for 15 months.
Beaten, Slashed with Scalpels - As he will later recall, he is introduced to Moroccan detention practices by an interrogator named Marwan, who gives him thorough and repeated beatings. When Mohamed has been softened up: “[T]hey cut off my clothes with some kind of doctor’s scalpel. I was totally naked.… They took the scalpel to my right chest. It was only a small cut. Maybe an inch. Then they cut my left chest. One of them took my penis in his hand and began to make cuts. He did it once, and they stood still for maybe a minute, watching my reaction. I was in agony, crying, trying desperately to suppress myself, but I was screaming. I remember Marwan seemed to smoke half a cigarette, throw it down, and start another. They must have done this 20 to 30 times in maybe two hours. There was blood all over. They cut all over my private parts. One of them said it would be better just to cut it off, as I would only breed terrorists.” This happens time and again over the next 15 months.
British Complicity in CIA, Moroccan Interrogations - Documents disclosed for Mohamed’s later lawsuit against the US (see February 4, 2009) show that British MI5 agents are aware of the entirety of Mohamed’s treatment, and are in collusion with the Moroccans and the US in Mohamed’s treatment; on September 30, MI5 and CIA officials hold a conference where Mohamed’s treatment and interrogation are discussed. During much of Mohamed’s detention in Morocco, MI5 passes questions and photographs to the CIA for use in Mohamed’s interrogations (see February 24, 2009). Mohamed will later recall: “They started bringing British files to the interrogations—thick binders, some of them containing sheaves of photos of people who lived in London and places there like mosques. It was obvious the British were feeding them questions about people in London. When I realized that the British were co-operating with the people torturing me, I felt completely naked. It was when they started asking the questions supplied by the British that my situation worsened. They sold me out.”
Elaborate Confessions - By this time, as Mohamed will recall, he is willing to confess to anything to make the torture stop. “They had fed me enough through their questions for me to make up what they wanted to hear,” he will recall. “I confessed to it all. There was the plot to build a dirty nuclear bomb, and another to blow up apartments in New York with their gas pipes.” The “gas pipe” plot connects Mohamed to 9/11 plotter Khalid Shaikh Mohammed, who supposedly conceived of the idea. “I said Khalid Shaikh Mohammed had given me a false passport after I was stopped the first time in Karachi and that I had met Osama bin Laden 30 times,” Mohamed will recall. “None of it was true. The British could have stopped the torture because they knew I had tried to use the same passport at Karachi both times (see September 2001 - April 9, 2002). That should have told them that what I was saying under torture wasn’t true. But so far as I know, they did nothing.”
'Rendered' to Afghanistan - Fifteen months after being “rendered” to Morocco, Mohamed is “rendered” to Afghanistan by the CIA (see January-September 2004). [Daily Mail, 3/8/2009]

Entity Tags: Central Intelligence Agency, “Marwan” (Moroccan interrogator), Binyam Mohamed, UK Security Service (MI5)

Timeline Tags: Torture of US Captives

John Yoo, a lawyer with the Office of Legal Counsel (OLC), sends a classified memo to White House counsel Alberto Gonzales. The memo’s contents will remain secret, but the American Civil Liberties Union (ACLU) will learn that the memo regards the 1984 Convention Against Torture. According to the memo, the first fifteen articles of the Convention, ratified by the United States almost a decade before, “are non-self executing and place no affirmative obligations on the executive branch.” Furthermore, international law in general “lacks domestic legal effect, and in any event can be overridden by the president,” the memo states. In essence, Yoo concludes that the Convention can be ignored by the president. Yoo will cite this memo in his 2003 memo concerning the military interrogation of so-called enemy combatants (see March 14, 2003). [United Nations High Commissioner for Human Rights, 12/10/1984; American Civil Liberties Union [PDF], 1/28/2009 pdf file; ProPublica, 4/16/2009]

Entity Tags: John C. Yoo, Alberto R. Gonzales, American Civil Liberties Union, Convention Against Torture, Bush administration (43), US Department of Justice, Office of Legal Counsel (DOJ)

Timeline Tags: Civil Liberties

The Justice Department’s Office of Legal Counsel verbally informs the CIA that Attorney General John Ashcroft has concluded that the proposed interrogation techniques being used against captured Islamist militant Abu Zubaida (see April 2002, Mid-May, 2002, and July 17, 2002) are legal. [Senate Intelligence Committee, 4/22/2009 pdf file]

Entity Tags: US Department of Justice, Abu Zubaida, Central Intelligence Agency, John Ashcroft, Office of Legal Counsel (DOJ)

Timeline Tags: Torture of US Captives

Jay Bybee.Jay Bybee. [Source: Public domain]The Justice Department’s Office of Legal Counsel (OLC) sends a non-classified memo to White House Counsel Alberto Gonzales, offering the opinion that a policy allowing suspected al-Qaeda members to be tortured abroad “may be justified.” [US Department of Justice, 8/1/2002 pdf file] This memo will later be nicknamed the “Golden Shield” by insiders in the hopes that it will protect government officials from later being charged with war crimes (see April 2002 and After). [ABC News, 4/9/2008]
Multiple Authors - The 50-page “torture memo” is signed and authored by Jay S. Bybee, head of OLC, and co-authored by John Yoo, a deputy assistant attorney general. It is later revealed that Yoo authored the memo himself, in close consultation with Vice President Cheney’s chief adviser David Addington, and Bybee just signed off on it (see December 2003-June 2004). [Washington Post, 6/9/2004] Deputy White House counsel Timothy Flanigan also contributed to the memo. Addington contributed the claim that the president may authorize any interrogation method, even if it is plainly torture. Addington’s reasoning: US and treaty law “do not apply” to the commander in chief, because Congress “may no more regulate the president’s ability to detain and interrogate enemy combatants than it may regulate his ability to direct troop movements on the battlefield.” [Washington Post, 6/25/2007]
Statute Only Prohibits 'Extreme Acts' - Gonzales had formally asked for the OLC’s legal opinion in response to a request by the CIA for legal guidance. A former administration official, quoted by the Washington Post, says the CIA “was prepared to get more aggressive and re-learn old skills, but only with explicit assurances from the top that they were doing so with the full legal authority the president could confer on them.” [Washington Post, 6/9/2004] “We conclude that the statute, taken as a whole,” Bybee and Yoo write, “makes plain that it prohibits only extreme acts.” Addressing the question of what exactly constitute such acts of an extreme nature, the authors proceed to define torture as the infliction of “physical pain” that is “equivalent in intensity to the pain accompanying serious physical injury, such as organ failure, impairment of bodily function, or even death.” Purely mental pain or suffering can also amount to “torture under Section 2340,” but only if it results “in significant psychological harm of significant duration, e.g. lasting for months or even years.” [Washington Post, 6/9/2004]
Torture Legal and Defensible - Bybee and Yoo appear to conclude that any act short of torture, even though it may be cruel, inhuman or degrading, would be permissible. They examine, for example, “international decisions regarding the use of sensory deprivation techniques.” These cases, they notice, “make clear that while many of these techniques may amount to cruel, inhuman or degrading treatment, they do not produce pain or suffering of the necessary intensity to meet the definition of torture. From these decisions, we conclude that there is a wide range of such techniques that will not rise to the level of torture.” More astounding is Bybee and Yoo’s view that even torture can be defensible. “We conclude,” they write, “that, under the current circumstances, necessity or self-defense may justify interrogation methods that might violate Section 2340A.” Inflicting physical or mental pain might be justified, Bybee and Yoo argue, “in order to prevent further attacks on the United States by the al-Qaeda terrorist network.” In other words, necessity or self-defense may justify torture. Moreover, “necessity and self-defense could provide justifications that would eliminate any criminal liability.” [Washington Post, 6/8/2004] International anti-torture rules, furthermore, “may be unconstitutional if applied to interrogations” of suspected terrorists. [US News and World Report, 6/21/2004] Laws prohibiting torture would “not apply to the president’s detention and interrogation of enemy combatants” in the “war on terror,” because the president has constitutional authority to conduct a military campaign. [Washington Post, 6/27/2004]
Protecting US Officials from Prosecution - In 2007, author and reporter Charlie Savage will write: “In case an interrogator was ever prosecuted for violating the antitorture law (see October 21, 1994 and January 26, 1998, Yoo laid out page after page of legal defenses he could mount to get the charges dismissed. And should someone balk at this strained interpretation of the law, Yoo offered his usual trump card: Applying the antitorture law to interrogations authorized by the president would be unconstitutional, since only the commander in chief could set standards for questioning prisoners.” [Savage, 2007, pp. 155-156]
Virtually Unrestricted Authority of President - “As commander in chief,” the memo argues, “the president has the constitutional authority to order interrogations of enemy combatants to gain intelligence information concerning the military plans of the enemy.” [Washington Post, 6/9/2004] According to some critics, this judgment—which will be echoed in a March 2003 draft Pentagon report (see March 6, 2003)—ignores important past rulings such as the 1952 Supreme Court decision in Youngstown Steel and Tube Co v. Sawyer, which determined that the president, even in wartime, is subject to US laws. [Washington Post, 6/9/2004] The memo also says that US Congress “may no more regulate the president’s ability to detain and interrogate enemy combatants than it may regulate his ability to direct troop movements on the battlefield.” [Washington Post, 6/27/2004]
Ashcroft Refuses to Release Memo - After the memo’s existence is revealed, Attorney General John Ashcroft denies senators’ requests to release it, and refuses to say if or how the president was involved in the discussion. “The president has a right to hear advice from his attorney general, in confidence,” he says. [New York Times, 6/8/2004; Bloomberg, 6/8/2004; Washington Post, 6/9/2004] Privately, Ashcroft is so irritated by Yoo’s hand-in-glove work with the White House that he begins disparagingly referring to him as “Dr. Yes.” [New York Times, 10/4/2007]
Only 'Analytical' - Responding to questions about the memo, White House press secretary Scott McClellan will claim that the memo “was not prepared to provide advice on specific methods or techniques,” but was “analytical.” But the 50-page memo seems to have been considered immensely important, given its length and the fact that it was signed by Bybee. “Given the topic and length of opinion, it had to get pretty high-level attention,” Beth Nolan, a former White House counsel from 1999-2001, will tell reporters. This view is confirmed by another former Office of Legal Counsel lawyer who says that unlike documents signed by deputies in the Office of Legal Counsel, memorandums signed by the Office’s head are considered legally binding. [Washington Post, 6/9/2004]
Memo Will be Withdrawn - Almost two years later, the OLC’s new head, Jack Goldsmith, will withdraw the torture memos, fearing that they go far beyond anything countenanced by US law (see December 2003-June 2004).
Memo Addresses CIA Concerns - The administration, particularly the axis of neoconservatives centered around Cheney’s office, has enthusiastically advocated the use of violent, abusive, and sometimes tortuous interrogation techniques, though the US has never endorsed such tactics before, and many experts say such techniques are counterproductive. The CIA, responding to the desires from the White House, hastily put together a rough program after consulting with intelligence officials from Egypt and Saudi Arabia, where detainees are routinely tortured and killed in captivity, and after studying methods used by former Soviet Union interrogators. The legal questions were continuous. The former deputy legal counsel for the CIA’s Counterterrorist Center, Paul Kelbaugh, recalls in 2007: “We were getting asked about combinations—‘Can we do this and this at the same time?… These approved techniques, say, withholding food, and 50-degree temperature—can they be combined?’ Or ‘Do I have to do the less extreme before the more extreme?’” The “torture memo” is designed to address these concerns. [New York Times, 10/4/2007]

Entity Tags: John C. Yoo, Paul Kelbaugh, Timothy E. Flanigan, Scott McClellan, John Ashcroft, Richard (“Dick”) Cheney, Jay S. Bybee, Office of Legal Counsel (DOJ), David S. Addington, Alberto R. Gonzales, Beth Nolan, Al-Qaeda, Charlie Savage, Central Intelligence Agency, Jack Goldsmith

Timeline Tags: Torture of US Captives, Complete 911 Timeline, Civil Liberties

According to his own later statement (see July 1, 2009), Saudi detainee Ahmed Muhammad al-Darbi is tortured at Bagram Air Force Base by US forces. During the approximately eight months he is held at Bagram, al-Darbi is allegedly subjected to:
bullet Isolation during the first two weeks, when he does not even know he is in Afghanistan;
bullet Stress positions. He will say: “While I was questioned, I was kept for many hours in painful positions. For example, I would be forced to kneel with my hands cuffed above my head”;
bullet Sleep deprivation—because he is forced to maintain the stress positions overnight, he cannot sleep;
bullet Hooding, including during the interrogations. He will say: “The hood they used had a sort of rope or drawstring that they would pull tight around my neck. The darkness, combined with little sleep, would leave me disoriented”;
bullet High temperatures;
bullet Bright lights in a cell where he is kept;
bullet Loud music;
bullet Denial of time to pray;
bullet Insufficient food, which was “inedible”;
bullet Photos are taken that humiliate him. His hood is taken off on these occasions and there are “several US agents, male and female, standing around”;
bullet Beatings;
bullet US officials allegedly spray water on his face and then blow a powder he will later say may have been pepper onto him. The water absorbs the powder, which burns his skin and makes his nose run;
bullet Hairs are ripped from his chest and head by US personnel; and
bullet US officials threaten to send him to Israeli, Egyptian, or Afghan jails for torture and rape.
Al-Darbi will also say that a US solider named Damien Corsetti is often present during the interrogations. Corsetti, a “big, heavy man,” sometimes steps on al-Darbi’s handcuffs while he is lying on the floor with his arms above his head, causing them to tighten around his wrists. On one occasion, Corsetti kneels on his chest, pressing down with all his weight until he stops breathing and another guard pulls Corsetti off.
False Statements - Al-Darbi makes a number of statements incriminating himself at Bagram, but will later say that they are false, adding: “The military guards and interrogators would show me pictures of people, and told me I must identify them and confess things about them. After they tortured me, I would say what they wanted me to say. I was fed detailed statements and names of individuals to whom I was to attribute certain activities.” The military personnel then say he has to repeat these statements to other interrogators, from the FBI, and they will continue to abuse him if he does not do so. Al-Darbi repeats the statements to three FBI agents, two of whom he knows as “Tom” and “Jerry,” but does not sign a written statement.
'Hard Labor' - Al-Darbi is also forced to perform what he will call “degrading, hard labor” at Bagram. This consists of replacing the full port-a-potty buckets with empty buckets, sweeping the floor, and, on one occasion, scrubbing the entire floor with a toothbrush. In addition, he is forced to carry boxes filled with water bottles while his hands are cuffed together, which allegedly causes him sciatic and back pain for several years.
Witnessing the Abuse of Dilawar - Al-Darbi will also say that he witnesses the abuse of an Afghan prisoner called Dilawar (see December 5-9, 2002), who is shackled up in a cage near where he is held. [al-Darbi, 7/1/2009]

Entity Tags: Ahmed Muhammad al-Darbi, Damien Cosetti

Timeline Tags: Torture of US Captives

The interrogation and abuse of suspect Mohamed al-Khatani (sometimes spelled “al-Qahtani”—see February 11, 2008) at Guantanamo Bay begins. He is alleged to have tried to enter the US to participate in the 9/11 plot as the twentieth hijacker. He is classified as “Detainee 063.” He is subjected to 160 days of isolation in a pen flooded 24 hours a day with bright artificial light, that treatment starting well before harsher interrogation tactics begin six weeks later (see November 23, 2002). The tactics include:
bullet He is interrogated for 48 of 54 days, for 18 to 20 hours at a stretch.
bullet He is stripped naked and straddled by taunting female guards, in an exercise called “invasion of space by a female.”
bullet He is forced to wear women’s underwear on his head and to put on a bra.
bullet He is threatened by dogs, placed on a leash, and told that his mother was a whore.
bullet He is stripped naked, shaved, and forced to bark like a dog.
bullet He is forced to listen to American pop music at ear-splitting volume. He is subjected to a phony kidnapping (see Mid-2003).
bullet He is forced to live in a cell deprived of heat
bullet He is given large quantities of intravenous liquids and denied access to a toilet
bullet He is deprived of sleep for days on end.
bullet He is forcibly given enemas, and is hospitalized multiple time for hypothermia.
Impact - Towards the end of the extended interrogation session, Al-Khatani’s heart rate drops so precipitously (to 35 beats a minute) that he is placed under cardiac monitoring. Interrogators meticulously note his reactions to his treatment, and make the following notes at various times: “Detainee began to cry. Visibly shaken. Very emotional. Detainee cried. Disturbed. Detainee began to cry. Detainee bit the IV tube completely in two. Started moaning. Uncomfortable. Moaning. Began crying hard spontaneously. Crying and praying. Very agitated. Yelled. Agitated and violent. Detainee spat. Detainee proclaimed his innocence. Whining. Dizzy. Forgetting things. Angry. Upset. Yelled for Allah. Urinated on himself. Began to cry. Asked God for forgiveness. Cried. Cried. Became violent. Began to cry. Broke down and cried. Began to pray and openly cried. Cried out to Allah several times. Trembled uncontrollably.” In November 2002, an FBI agent describes al-Khatani’s condition, writing that he “was talking to non-existent people, reporting hearing voices, [and] crouching in a corner of the cell covered with a sheet for hours on end.” Al-Khatani confesses to an array of terrorist activities and then recants them; he begs his interrogators to be allowed to commit suicide. The last days of al-Khatani’s interrogation session is particularly intense, since interrogators know that their authorization to use harsh techniques may be rescinded at any time. They get no useful information from him. By the end of the last interrogation, an Army investigator observes that al-Khatani has “black coals for eyes.” [New Yorker, 2/27/2006; Vanity Fair, 5/2008]
Reaching the Threshold - In the summer of 2007, Dr. Abigail Seltzer, a psychiatrist who specializes in trauma victims, reviews the logs of al-Khatani’s interrogations. Seltzer notes that while torture is not a medical concept: “[O]ver the period of 54 days there is enough evidence of distress to indicate that it would be very surprising indeed if it had not reached the threshold of severe mental pain…. If you put 12 clinicians in a room and asked them about this interrogation log, you might get different views about the effect and long-term consequences of these interrogation techniques. But I doubt that any one of them would claim that this individual had not suffered severe mental distress at the time of his interrogation, and possibly also severe physical distress.” Everything that is done to al-Khatani is part of the repertoire of interrogation techniques approved by Secretary of Defense Donald Rumsfeld (see December 2, 2002).
Fundamental Violation of Human Rights - In 2008, law professor Phillippe Sands will write: “Whatever he may have done, Mohammed al-Khatani was entitled to the protections afforded by international law, including Geneva and the torture convention. His interrogation violated those conventions. There can be no doubt that he was treated cruelly and degraded, that the standards of Common Article 3 were violated, and that his treatment amounts to a war crime. If he suffered the degree of severe mental distress prohibited by the torture convention, then his treatment crosses the line into outright torture. These acts resulted from a policy decision made right at the top, not simply from ground-level requests in Guantanamo, and they were supported by legal advice from the president’s own circle.” [Vanity Fair, 5/2008]

Entity Tags: Geneva Conventions, Mohamed al-Khatani, Donald Rumsfeld, Abigail Seltzer, Phillippe Sands

Timeline Tags: Torture of US Captives

In Asadabad, Afghanistan, US troops arrest Haji Rohullah Wakil, a local leader, together with 11 of his associates. They are flown by helicopter to Bagram air base. [New York Times, 8/28/2002] One of Wakil’s associates, Abdul Qayyum, will later tell the Associated Press of his experience at Bagram. Qayyum stays at the base for two months and five days, during which time he says he is systematically deprived of sleep, forced to stand for long periods of time and humiliated by female US soldiers. All the time, he is forbidden to talk to his fellow detainees. He is held in a large hall with about 100 other prisoners divided by wire mesh into several cages or cells, each containing 10 people. The lights are always on, washing is allowed for only five minutes a week, and a bucket is provided for use as a toilet. When a military spokesperson is later asked to comment on Rahman’s account, the spokesperson says it sounds only partially true (see January 22, 2002). [Associated Press, 3/14/2003]

Entity Tags: Haji Rohullah Wakil, Abdul Qayyum

Timeline Tags: Torture of US Captives, War in Afghanistan

Michael H. Mobbs, the special adviser to the undersecretary of defense for policy, files a six-page document asserting that “enemy combatant” Jose Padilla (see June 9, 2002) “has been closely associated with known members and leaders of the al-Qaeda terrorist network”; that he trained at al-Qaeda camps and “met with senior Osama Bin Laden lieutenant Abu Zubaida,” whom he approached “with [a] proposal to conduct terrorist operations within the United States”; and that he talked about a plan “to build and detonate a ‘radiological dispersal device…’ within the United States, possibly in Washington, D.C.” But the document also acknowledges that the “plan” was “still in the initial planning stages.” Finally, the declaration states that “it is believed that al-Qaeda members directed Padilla to return to the United States to conduct reconnaissance and/or other attacks on behalf of al-Qaeda.” The declaration concedes that the evidence on which its assertions are based are not entirely solid, noting that its intelligence sources “have not been completely candid about their association with al-Qaeda and their terrorist activities” and that “some information provided by the sources remains uncorroborated and may be part of an effort to mislead or confuse US officials.” [Fox News, 8/28/2002; Washington Post, 9/1/2002; Newsweek, 6/9/2004]

Entity Tags: Michael H. Mobbs, Jose Padilla

Timeline Tags: Torture of US Captives

Some congressional leaders are reportedly briefed on the CIA’s detainee interrogation program, but what is actually said will later be disputed. The briefing is described as “a virtual tour of the CIA’s overseas detention sites and the harsh techniques interrogators had devised to try to make their prisoners talk,” and apparently mentions waterboarding and information gleaned from detainees, according to two unnamed officials who are present and will later talk to the Washington Post.
Few, if Any, Objections Raised - Due to the feeling of “panic” following 9/11, the legislators’ attitude is described as, “We don’t care what you do to those guys as long as you get the information you need to protect the American people,” and two even ask if the methods are “tough enough.” The briefing, apparently one of the first of a series of around 30 private briefings on the CIA’s interrogation program, is for the “Gang of Eight,” the four top congressional leaders and the senior member from each party on the House and Senate intelligence committees. However, the methods used are only described in some of the briefings, and some of the meetings are just for the “gang of four”—intelligence committee members only. The groups are said to be so small because they concern highly secret covert activities, although it will later be suggested that the administration’s motivation is “partly to hide from view an embarrassing practice that the CIA considered vital but outsiders would almost certainly condemn as abhorrent.” One of the committee members present is Nancy Pelosi (D-CA), and other officials that receive such briefings are reported to include Jane Harman (D-CA), Bob Graham (D-FL), Jay Rockefeller (D-WV), Porter Goss (R-FL) and Pat Roberts (R-KS). Harman is said to be the only one to object at any point. The attendees’ recollections of the meeting will later vary greatly. Goss will say, “Among those being briefed, there was a pretty full understanding of what the CIA was doing… And the reaction in the room was not just approval, but encouragement,” although this may not be a reference to this specific meeting. Graham, who will leave the Senate Intelligence Committee in January 2003, will later say he has no memory of being told about waterboarding, “Personally, I was unaware of it, so I couldn’t object.” A “source familiar with Pelosi’s position” will say that she participates in a discussion of enhanced interrogation techniques, but understands they are at the planning stage at this time and are not in use. [Washington Post, 12/9/2007]
Restrictions on Information - Graham will later describe the limitations placed on legislators who receive such briefings: “In addition to the fact that the full members of the committee can’t hear what’s happening, those who are in the room are very restricted. You can’t take any notes. You can’t bring anyone with you and after the meeting, you cannot discuss what you’ve heard. So that if, for instance, there’s an issue about, is this legal under the Geneva Convention, you can’t go to someone who’s an expert on that subject and get their opinion. It’s a very limiting situation.” [CNN, 12/13/2007]
Secret Interrogations Already Underway - The CIA has been conducting aggressive interrogations since at least May 2002 (see Mid-May 2002 and After), but is has no firm legal basis to perform them until the Justice Department gives approval in August 2002 (see August 1, 2002). CIA Director George Tenet will later comment in a 2007 book, “After we received the written Department of Justice guidance on the interrogation issue, we briefed the chairmen and ranking members of our oversight committees. While they were not asked to formally approve the program as it was done under the President’s unilateral authorities, I can recall no objections being raised.” [MSNBC, 9/13/2007]

Entity Tags: Porter J. Goss, Senate Intelligence Committee, Pat Roberts, Nancy Pelosi, John D. Rockefeller, Jane Harman, Central Intelligence Agency, George J. Tenet, House Intelligence Committee, Daniel Robert (“Bob”) Graham

Timeline Tags: Torture of US Captives, Complete 911 Timeline

Usama al-Kini (a.k.a. Fahid Muhammad Ally Msalam).Usama al-Kini (a.k.a. Fahid Muhammad Ally Msalam). [Source: FBI]The New York Times reports that 10 out of the 24 al-Qaeda leaders considered most important by the CIA before 9/11 have been killed or captured. [New York Times, 9/10/2002] The four most important figures considered still at large are:
bullet Osama bin Laden (Saudi). He will be killed in 2011 (see May 2, 2011).
bullet Ayman al-Zawahiri (Egyptian).
bullet Khalid Shaikh Mohammed (Kuwaiti/Pakistani). He will be captured in 2003 (see February 29 or March 1, 2003).
bullet Saif al-Adel (Egyptian).
Other figures considered still at large are:
bullet Abdullah Ahmed Abdullah (Egyptian).
bullet Mustafa Muhammad Fadhil (Egyptian).
bullet Mushin Musa Matwalli Atwah (Egyptian). He will be killed in 2006 (see April 12, 2006).
bullet Usama al-Kini (a.k.a. Fahid Muhammad Ally Msalam) (Kenyan). He will be killed in 2009 (see January 1, 2009).
bullet Fazul Abdullah Mohammed (a.k.a. Haroun Fazul) (Comoros Islander). He will be killed in 2011 (see June 10, 2011).
bullet Mahfouz Walad Al-Walid (a.k.a. Abu Hafs the Mauritanian) (Mauritanian).
bullet Amin ul-Haq (Afghan).
bullet Midhat Mursi (Egyptian). He will be killed in 2008 (see July 28, 2008).
bullet Anas al-Liby (Libyan). He may have been secretly captured already (see January 20, 2002- March 20, 2002).
bullet Suliman abu Ghaith (Kuwaiti).
bullet Saad bin Laden (Saudi). He apparently will be killed in 2009 (see July 22, 2009).
bullet Mustafa Ahmed al-Hawsawi (Saudi). He will be captured in 2003 (see February 29 or March 1, 2003). [New York Times, 9/10/2002]
The four leaders captured are:
bullet Abu Zubaida (Palestinian) (see March 28, 2002).
bullet Abdul Rahim al-Sharqawi (Yemeni) (see Late 2001 and February 7, 2002).
bullet Ibn al-Shaykh al-Libi (Libyan) (see December 19, 2001).
bullet Abu Zubair al-Haili (Saudi) (see June 8, 2002 and After). [New York Times, 9/10/2002]
Five of the six leaders believed killed are:
bullet Mohammed Atef (Egyptian) (see November 15, 2001).
bullet Abu Jaffa (a.k.a. Abu Jafar al-Jaziri) (Algerian).
bullet Abu Salah al-Yemeni (Yemeni).
bullet Tariq Anwar al-Sayyid Ahmad (Egyptian).
bullet Muhammad Salah (a.k.a. Nasr Fahmi Nasr Hasanayn) (Egyptian). [New York Times, 9/10/2002]
The sixth leader believed killed is not named. One year after 9/11, US intelligence identifies 20 current high-ranking al-Qaeda leaders, though it is not mentioned who the six new leaders are who replaced some of the killed or captured leaders. [New York Times, 9/10/2002] This list of leaders, while instructive, is curiously incomplete because it fails to mention al-Qaeda leaders known as important to US intelligence before 9/11, such as Hambali, Khallad bin Attash, Abd al-Rahim al-Nashiri, Thirwat Salah Shehata, Mustafa Abu al-Yazid, Ahmed Khalfan Ghailani, and Mohammed Jamal Khalifa.

Entity Tags: Mushin Musa Matwalli Atwah, Muhammad Salah, Mohammed Atef, Mustafa Ahmed al-Hawsawi, Suliman abu Ghaith, Saif al-Adel, Saad bin Laden, Usama al-Kini, Midhat Mursi, Mahfouz Walad Al-Walid, Osama bin Laden, Ibn al-Shaykh al-Libi, Abu Jaffa, Abdullah Ahmed Abdullah, Abdul Rahim al-Sharqawi, Abu Salah al-Yemeni, Abu Zubaida, Abu Zubair al-Haili, Anas al-Liby, Fazul Abdullah Mohammed, Ayman al-Zawahiri, Khalid Shaikh Mohammed, Amin ul-Haq, Al-Qaeda

Timeline Tags: Complete 911 Timeline

Ramzi bin al-Shibh arrested in Pakistan.Ramzi bin al-Shibh arrested in Pakistan. [Source: Associated Press]Would-be hijacker Ramzi bin al-Shibh is arrested after a huge gunfight in Karachi, Pakistan, involving thousands of police. [Observer, 9/15/2002] He is considered “a high-ranking operative for al-Qaeda and one of the few people still alive who know the inside details of the 9/11 plot.” [New York Times, 9/13/2002] Khalid Shaikh Mohammed (KSM) called bin al-Shibh “the coordinator of the Holy Tuesday [9/11] operation” in an interview aired days before. Captured with him in safe house raids on the same day or the day before are approximately nine associates (see September 10-11, 2002), as well as numerous computers, phones, and other evidence. [New York Times, 9/13/2002; Time, 9/15/2002] There are conflicting claims that either Mohammed is killed in the raid [Asia Times, 10/30/2002; Daily Telegraph, 3/4/2003; Asia Times, 3/6/2003] ; shot while escaping [Australian Broadcasting Corporation, 3/2/2003] ; someone who looks like him is killed, leading to initial misidentification [Time, 1/20/2003] ; someone matching his general appearance is captured [Associated Press, 9/16/2002] ; or that he narrowly escapes capture but his young children are captured. [Los Angeles Times, 12/22/2002]

Entity Tags: Khalid Shaikh Mohammed, Ramzi bin al-Shibh

Timeline Tags: Torture of US Captives, Complete 911 Timeline, 9/11 Timeline

Ramzi Bin al-Shibh shortly after arrest. The name shown under his face is one of his aliases. (Note: this picture is from a video presentation on prisoners the Pakistani government gave to BBC filmmakers. It has been adjusted to remove some blue tinge.)Ramzi Bin al-Shibh shortly after arrest. The name shown under his face is one of his aliases. (Note: this picture is from a video presentation on prisoners the Pakistani government gave to BBC filmmakers. It has been adjusted to remove some blue tinge.) [Source: BBC's "The New Al-Qaeda."]In 2002 and 2003, many of the highest-ranking al-Qaeda detainees are subjected to waterboarding and other forms of interrogation generally considered to be torture (see May 2002-2003). However, Ramzi bin al-Shibh, captured in Pakistan in September 2002 and sent to a secret CIA prison (see September 11, 2002), is not waterboarded. NBC News will later claim that he agreed to talk with just the threat of waterboarding. “Bin al-Shibh was viewed as a weakling and a narcissist and the agency played heavily on that. He quickly became the most cooperative of those detained…” However, by the time bin al-Shbih is charged before a military tribunal in 2007, he once again is refusing to talk (see March 9-April 28, 2007). [MSNBC, 9/13/2007]
Tortured in Jordan Instead? - It is unknown what other interrogation techniques may have been used on him. In contradiction to the allegation that bin al-Shibh broke easily by the mere threat of torture, it will later be reported that in late 2002, he was secretly transferred to Jordanian custody for a time so he could be tortured by the Jordanian government (see Late 2002).

Entity Tags: Central Intelligence Agency, Ramzi bin al-Shibh

Timeline Tags: Torture of US Captives, Complete 911 Timeline

US officials hold a secret meeting with Indonesian President Megawati Sukarnoputri and strongly urge her to allow the US to rendition Abu Bakar Bashir out of the country. Bashir is a radical Islamist imam alleged to be the spiritual leader of Jemaah Islamiyah (JI), al-Qaeda’s main Southeast Asian affiliate. US ambassador to Indonesia Ralph Boyce, National Security Council official Karen Brooks, and a CIA official meet with Megawati at her home in Jakarta. The interpreter is an American named Fred Burks, who will later reveal details of the meeting during an Indonesian trial. Burks claims the CIA official tells Megawati that Bashir was responsible for a series of Christmas Eve bombings in Indonesia in 2000 and asks to rendition him. Megawati had allowed the US to rendition two suspects earlier in the year, Omar al-Faruq and Muhammad Saad Iqbal Madni (see June 5, 2002 and Early January-January 9, 2002). But neither of them are Indonesian citizens, whereas Bashir is. Megawati rejects the request, saying Bashir is too popular to simply disappear without repercussions. (Megawati’s Vice President Hamzah Haz describes himself as “very close” to Bashir, and shortly after this meeting he says publicly, “If you want to arrest Abu Bakar Bashir, you will have to deal with me first” (see July 23, 2001-October 20, 2004).) Burks claims that Megawati says: “I can’t render somebody like him. People will find out.” Boyce will later claim that the US did press forcefully for Indonesia to arrest Bashir because the CIA had just learned from interrogating al-Faruq that Bashir was the head of a terrorist network that was about to attack Indonesia. However, he will deny the US wanted to rendition him. Boyce will later call the meeting the centerpiece of a month-long series of meetings with Indonesian officials in an attempt to prevent a terrorist attack in Indonesia. [BBC, 1/3/2005; Boston Globe, 3/2/2005] However, the Bali bombings take place one month later, killing over 200 (see October 12, 2002). In 2005, Bashir will be acquitted of charges that he was involved in any terrorist acts and set free after serving a year in prison on minor charges (see March 3, 2005).

Entity Tags: Megawati Sukarnoputri, Fred Burks, Central Intelligence Agency, Abu Bakar Bashir, Hamzah Haz, Karen Brooks, Mohammed Saad Iqbal Madni, Omar al-Faruq, Jemaah Islamiyah, Ralph Boyce

Timeline Tags: Complete 911 Timeline

Several high-level Bush administration lawyers arrive in Guantanamo. The group includes White House counsel Alberto Gonzales; Vice President Cheney’s chief of staff David Addington, who had helped the Justice Department craft its “torture memo” (see August 1, 2002); CIA legal counsel John Rizzo, who had asked the Justice Department for details about how interrogation methods could be implemented (see June 22, 2004); and the Pentagon’s general counsel, William J. Haynes. They are at Guantanamo to discuss the case of suspected “20th hijacker” Mohamed al-Khatani (see August 8, 2002-January 15, 2003).
Pressure from Washington - The commander of the Guantanamo facility, Major General Michael Dunlavey, will recall: “They wanted to know what we were doing to get to this guy, and Addington was interested in how we were managing it… They brought ideas with them which had been given from sources in DC. They came down to observe and talk.” Dunlavey will say that he was pressured by Defense Secretary Donald Rumsfeld himself to expedite the interrogation and use extraordinary means to squeeze information from the suspect. “I’ve got a short fuse on this to get it up the chain,” Dunlavey recalls. “I was on a timeline. This guy may have been the key to the survival of the US.” Asked how high up the pressure was from, Dunlavey will say, “It must have been all the way to the White House.” Rumsfeld is “directly and regularly involved” in all the discussions of interrogations.
'Do Whatever Needed to Be Done' - Staff judge advocate Lieutenant Colonel Diane Beaver will recall that Addington is “definitely the guy in charge,” taking control of the discussions. Gonzales is quiet. Haynes, a close friend and colleague of Addington’s, seems most interested in how the military commissions would function to try and convict detainees. The lawyers meet with intelligence officials and themselves witness several interrogations. Beaver will recall that the message from Addington and his group is “Do whatever needed to be done.” In essence, the Guantanamo interrogators and commanders are given a green light from the administration’s top lawyers, representing President Bush, Vice President Cheney, Rumsfeld, and the CIA. [Vanity Fair, 5/2008]

Entity Tags: William J. Haynes, US Department of Justice, Mohamed al-Khatani, Michael E. Dunlavey, David S. Addington, Diane E. Beaver, Central Intelligence Agency, Alberto R. Gonzales, Bush administration (43), Richard (“Dick”) Cheney, Donald Rumsfeld, John Rizzo, George W. Bush

Timeline Tags: Torture of US Captives, Civil Liberties

High-ranking al-Qaeda leader Abd al-Rahim al-Nashiri is captured in the United Arab Emirates (UAE). Al-Nashiri is believed to have played a role in the 1998 African embassy bombings (see 10:35-10:39 a.m., August 7, 1998), attended a 9/11 planning summit in Malaysia in 2000 (see January 5-8, 2000), was one of the masterminds of the 2000 USS Cole bombing (see October 12, 2000), and planned the 2002 bombing of the French oil tanker Limburg (see October 6, 2002). Said to be chief of al-Qaeda’s operations in the Persian Gulf region, he is taking flight lessons in the remote UAE region of Umm Al-Qaiwain when he is arrested by local authorities and then turned over to the CIA. An unknown number of other al-Qaeda suspects are arrested with him, but apparently they are considered less important and are not handed to the CIA as well. Most reports indicate he is arrested on November 8, 2002, about two weeks before the first media leaks about his arrest. [New York Times, 12/23/2002] However, US News and World Report will later claim that he was arrested even earlier, early in October 2002. “Al-Nashiri soon broke; he even let officials listen in as he called his associates.” This leads to intelligence on Qaed Salim Sinan al-Harethi, a top al-Qaeda operative, and the US assassinates him with a missile strike on November 3, 2002, after trailing him for about two weeks (see November 3, 2002). [US News and World Report, 6/2/2003] Al-Nashiri will remain in secret CIA prisons until 2006 and then will be transfered to the Guantanamo Bay prison (see September 2-3, 2006).

Entity Tags: Abd al-Rahim al-Nashiri, Central Intelligence Agency, Qaed Salim Sinan al-Harethi

Timeline Tags: Torture of US Captives, Complete 911 Timeline

The Army’s senior SERE psychologist, Lieutenant Colonel Morgan Banks, warns interrogators at Guantanamo against using SERE techniques in their questioning of detainees. The SERE program, which trains US soldiers to resist torture, has had its tactics “reverse-engineered” to be used against suspected terrorists (see December 2001, January 2002 and After, and July 2002). In an e-mail, Banks writes: “[T]he use of physical pressures brings with it a large number of potential negative side effects.… When individuals are gradually exposed to increasing levels of discomfort, it is more common for them to resist harder.… If individuals are put under enough discomfort, i.e. pain, they will eventually do whatever it takes to stop the pain. This will increase the amount of information they tell the interrogator, but it does not mean the information is accurate. In fact, it usually decreases the reliability of the information because the person will say whatever he believes will stop the pain.… Bottom line: the likelihood that the use of physical pressures will increase the delivery of accurate information from a detainee is very low. The likelihood that the use of physical pressures will increase the level of resistance in a detainee is very high.” [Huffington Post, 4/21/2009]

Entity Tags: US Department of the Army, Morgan Banks

Timeline Tags: Torture of US Captives

October 6, 2002: Al-Qaeda Attacks Oil Tanker

The Limburg after the attack.The Limburg after the attack. [Source: NAVSEA]Al-Qaeda conducts a suicide bombing against a French oil tanker, the Limburg. The attack takes places in the Gulf of Aden off the coast of Yemen. One crew member is killed and over 90,000 barrels of oil leak into the sea. The attack is similar to the one on the USS Cole almost two years before (see October 12, 2000) and is planned by one of the same people, Abd al-Rahim al-Nashiri. [BBC, 10/16/2002; 9/11 Commission, 7/24/2004, pp. 153]

Entity Tags: Abd al-Rahim al-Nashiri

Timeline Tags: Complete 911 Timeline

Fallujah II chemical plant.Fallujah II chemical plant. [Source: CIA]In a televised speech, President Bush presents the administration’s case that Saddam Hussein’s regime is a threat to the security of the nation and insists that regime change would improve lifes for Iraqis. “Some worry that a change of leadership in Iraq could create instability and make the situation worse. The situation could hardly get worse, for world security and for the people of Iraq. The lives of Iraqi citizens would improve dramatically if Saddam Hussein were no longer in power, just as the lives of Afghanistan’s citizens improved after the Taliban.” The speech is widely criticized for including false and exaggerated statements.
Iraq has attempted to purchase equipment used to enrich uranium for nuclear weapons - Bush claims that a shipment of 3,000 aluminum tubes to Iraq, which were intercepted in Jordan by US authorities in July of 2001 (see July 2001), had been destined for use in a uranium enrichment program. But by this time numerous experts and government scientists have already warned the administration against making this allegation. [US President, 10/14/2002] Three weeks before Bush’s speech, The Washington Post ran a story on the aluminum tubes. The article summarized a study by the Institute for Science and International Security (ISIS), disputing the administration’s claim that the tubes were to be used for gas centrifuges. The report was authored by the institute’s president and founder, David Albright, a respected nuclear physicist, who had investigated Iraq’s nuclear weapons program after the First Gulf War as a member of the International Atomic Energy Agency’s inspection team and who has spoken before Congress on numerous occasions. In his study, he concluded that Iraq’s attempts to import the tubes “are not evidence that Iraq is in possession of, or close to possessing, nuclear weapons” and “do not provide evidence that Iraq has an operating centrifuge plant or when such a plant could be operational.” [Washington Post, 9/19/2002; Guardian, 10/9/2002; San Francisco Chronicle, 10/12/2002; Albright, 10/9/2003] Soon after the speech, Albright tells The Guardian newspaper that there is still no evidence to substantiate that interpretation. As one unnamed specialist at the US Department of Energy explains to the newspaper, “I would just say there is not much support for that [nuclear] theory around here.” [Guardian, 10/9/2002] The Washington Post article also reported that government experts on nuclear technology who disagreed with the White House view had told Albright that the administration expected them to remain silent. [Washington Post, 9/19/2002; Independent, 9/22/2002] Houston G. Wood III, a retired Oak Ridge physicist considered to be “among the most eminent living experts” on gas centrifuges reviewed the tube question in August 2001 (see 1950s) and concluded at that time that it was very unlikely that the tubes had been imported to be used for centrifuges in a uranium enrichment program. He later tells The Washington Post in mid-2003 that “it would have been extremely difficult to make these tubes into centrifuges,” adding that it stretched “the imagination to come up with a way.” He also says that other centrifuge experts whom he knew shared his assessment of the tubes. [Washington Post, 8/10/2003] In addition to the several outside experts who criticized the tubes allegation, analysts within the US intelligence community also doubted the claim. Less than a week before Bush’s speech, the Energy Department and the State Department’s intelligence branch, the INR, had appended a statement to a National Intelligence Estimate on Iraq disputing the theory (see October 1, 2002). [Central Intelligence Agency, 10/1/2002 Sources: David Albright]
Saddam Hussein ordered his nuclear program to continue in 1998 - Bush says that US intelligence has information that Saddam Hussein ordered his nuclear program to continue after inspectors left in 1998. “Before being barred from Iraq in 1998, the International Atomic Energy Agency dismantled extensive nuclear weapons-related facilities, including three uranium enrichment sites,” Bush charges. “That same year, information from a high-ranking Iraqi nuclear engineer who had defected revealed that despite his public promises, Saddam Hussein had ordered his nuclear program to continue.” [San Francisco Chronicle, 10/12/2002; US President, 10/14/2002] But Bush’s “high-ranking” source turns out to be Khidir Hamza, who is considered by many to be an unreliable source. Albright, who was president of the Institute for Science and International Security where Hamza worked as an analyst from 1997 to 1999, says that after Hamza defected, “he went off the edge [and] started saying irresponsible things.” [San Francisco Chronicle, 10/12/2002] And General Hussein Kamel, Saddam Hussein’s son-in-law who was in charge of the dictator’s former weapons program but who defected in 1995, told UNSCOM and IAEA inspectors, as well as US and British intelligence, that Khidir Hamza was “a professional liar.” Kamel explained, “He worked with us, but he was useless and always looking for promotions. He consulted with me but could not deliver anything…. He was even interrogated by a team before he left and was allowed to go.” [United Nations Special Commission, 4/16/1998; New Yorker, 5/12/2003]
Iraq is developing drones that could deploy chemical and biological weapons - The President claims that Iraq is developing drones, or unmanned aerial vehicles (UAVs), which “could be used to disperse chemical or biological weapons across broad areas.” He goes so far as to say, “We’re concerned that Iraq is exploring ways of using these UAVs for missions targeting the United States.” [Guardian, 10/9/2002; US President, 10/14/2002] But this claim comes shortly after US intelligence agencies completed a National Intelligence Estimate on Iraq, in which Air Force intelligence had disputed the drone allegation (see October 1, 2002). Bush’s drone allegation is quickly derided by experts and other sources. The Guardian of London reports two days later that according to US military experts, “Iraq had been converting eastern European trainer jets, known as L-29s, into drones, but… that with a maximum range of a few hundred miles they were no threat to targets in the US.” [Guardian, 10/9/2002] And the San Francisco Chronicle will cite experts who say that “slow-moving unmanned aerial vehicles would likely be shot down as soon as they crossed Iraq’s borders” because “Iraqi airspace is closely monitored by US and British planes and radar systems.” The report will also note, “It’s also unclear how the vehicles would reach the US mainland—the nearest point is Maine, almost 5, 500 miles away—without being intercepted.” [San Francisco Chronicle, 10/12/2002] Anthony Cordesman, a security analyst at the Center for Strategic and International Studies, will say he believes the drone allegation is unrealistic. In an interview with the San Francisco Chronicle, he says, “As a guesstimate, Iraq’s present holdings of delivery systems and chemical and biological weapons seem most likely to be so limited in technology and operational lethality that they do not constrain US freedom of action or do much to intimidate Iraq’s neighbors.” [San Francisco Chronicle, 10/12/2002] These criticisms of Bush’s claim are validated after the US invasion of Iraq. Two US government scientists involved in the post-invasion hunt for weapons of mass destruction will tell the Associated Press in August 2003 that they inspected the drones and concluded that they were never a threat to the US. “We just looked at the UAVs and said, ‘There’s nothing here. There’s no room to put anything in here,’” one of the scientists will say. “The US scientists, weapons experts who spoke on condition of anonymity, reached their conclusions after studying the small aircraft and interviewing Iraqi missile experts, system designers and Gen. Ibrahim Hussein Ismail, the Iraqi head of the military facility where the UAVs were designed,” the Associated Press will explain in its report. [Associated Press, 8/24/2003]
Saddam Hussein could give terrorists weapons of mass destruction - Bush asserts, “Iraq could decide on any given day to provide a biological or chemical weapon to a terrorist group or individual terrorists.” [US President, 10/14/2002] But not only have numerous experts and inside sources disputed this theory (see July 2002-March 19, 2003), US intelligence’s National Intelligence Estimate on Iraq—completed just one week before—concluded that this is an unlikely scenario (see October 1, 2002). “Baghdad, for now, appears to be drawing a line short of conducting terrorist attacks with conventional or CBW against the United States,” the document clearly stated. “Should Saddam conclude that a US-led attack could no longer be deterred he probably would become much less constrained in adopting terrorist actions.” [San Francisco Chronicle, 10/12/2002]
Iraq rebuilding facilities associated with production of biological and chemical weapons - Bush claims that surveillance photos indicate that Iraq “is rebuilding facilities that it had used to produce chemical and biological weapons.” [US President, 10/14/2002] On the following day, photos are published on the White House website showing that Iraq had repaired three sites damaged by US bombs—the Al Furat Manufacturing Facility, the Nassr Engineering Establishment Manufacturing Facility, and Fallujah II. [US President, 10/14/2002] But no evidence is provided by the White House demonstrating that these sites have resumed activities related to the production of weapons of mass destruction. Iraqi authorities will give reporters a tour of the facilities on October 10 (see October 10, 2002).
Iraq has trained al-Qaeda members in bomb-making and poisons and deadly gases - Bush alleges that Iraq has trained al-Qaeda operatives “in bomb-making and poisons and deadly gases.” [US President, 10/14/2002] The claim is based on a September 2002 CIA document which had warned that its sources were of “varying reliability” and that the claim had not yet been substantiated (see September 2002). The report’s main source, Ibn al-Shaykh al-Libi, an al-Qaeda operative who offered the information to CIA interrogators while in custody, later recants the claim (see February 14, 2004). A Defense Intelligence Agency report in February 2002 (see February 2002) had also expressed doubt in the claim, going so far as to suggest that al-Libi was “intentionally misleading [his] debriefers.” [CNN, 9/26/2002; New York Times, 7/31/2004; Newsweek, 7/5/2005; New York Times, 11/6/2005] And earlier in the month, US intelligence services had concluded in their National Intelligence Estimate on Iraq that this allegation could not be confirmed. [CNN, 9/26/2002; Newsday, 10/10/2002; San Francisco Chronicle, 10/12/2002; Washington Post, 6/22/2003]
A very senior al-Qaeda leader received medical treatment in Baghdad - Bush claims: “Some al-Qaeda leaders who fled Afghanistan went to Iraq. These include one very senior al-Qaeda leader who received medical treatment in Baghdad this year, and who has been associated with planning for chemical and biological attacks.” The allegation refers to Abu Musab al-Zarqawi, a Jordanian-born Palestinian who is the founder of al-Tawhid, an organization whose aim is to kill Jews and install an Islamic regime in Jordan. It was first leaked to the press by an anonymous US official several days before Bush’s speech (see October 2, 2002). The allegation is partly based on intercepted telephone calls in which al-Zarqawi was overheard calling friends or relatives (see December 2001-Mid-2002). But on the same day as Bush’s speech, Knight Ridder Newspapers reports that according to US intelligence officials, “The intercepts provide no evidence that the suspected terrorist was working with the Iraqi regime or that he was working on a terrorist operation while he was in Iraq.” [Knight Ridder, 10/7/2002; US President, 10/14/2002] Al-Zarqawi will link with al-Qaeda, but only in 2004, after the start of the war in Iraq (see October 17, 2004).

Entity Tags: Al-Tawhid, Bureau of Intelligence and Research, Anthony Cordesman, David Albright, Institute for Science and International Security, Heritage Foundation and the Center for Strategic and International Studies, George W. Bush, Hussein Kamel, Houston G. Wood III, Al-Qaeda, Saddam Hussein, International Atomic Energy Agency, US Department of State, Abu Musab al-Zarqawi, US Department of Energy, Ibn al-Shaykh al-Libi, Taliban, Ibrahim Hussein Ismail, Khidir Hamza

Timeline Tags: Complete 911 Timeline, Events Leading to Iraq Invasion

At 3 o’clock in the morning, Maher Arar is woken up in his cell in New York and taken to another room where he is stripped, searched, shackled, and chained. Two officials read him a decision by the director of the INS, saying that he will be deported to Syria and, as Arar recalls it, “that INS was not the body that deals with Geneva Convention regarding torture.” There is no such convention, but this is probably a reference to the Convention Against Torture (CAT—see October 21, 1994). However, Article 3 of the CAT states: “No State Party shall expel… a person to another State where there are substantial grounds for believing that he would be in danger of being subjected to torture.” In addition, the US immigration law cited to justify Arar’s deportation prohibits sending individuals to a country where “it is more likely than not that they will be tortured.” A Justice Department spokesman nevertheless maintains that “the removal of Mr. Arar was accomplished after interagency consultation and in full compliance with the law and with all relevant international treaties and conventions.” [Washington Post, 11/19/2003] On that early morning of October 8, Arar is put on a small jet. After a landing in Washington, a “special removal unit,” a term Arar overheard, boards the plane and is at this point in custody of the CIA. [Washington Post, 11/12/2003; Washington Post, 5/11/2004] “They said Syria was refusing to take me directly,” Arar will later recall, “and I would have to fly to Jordan.” Torture is again his prime thought. “At that time I was thinking of what would happen once I arrived in Syria and how am I to avoid torture.” Via Portland, Maine, and Rome, the jet lands in Amman, Jordan, where six or seven Jordanians are waiting for him. Without a word being spoken Arar is handed over. Blindfolded and chained, he is put in a van, and “right away,… they started beating me,” Arar recalls. Half an hour later inside a building, he is subjected to more questioning. [CBC News, 11/26/2004]

Entity Tags: Maher Arar

Timeline Tags: Torture of US Captives

Gen. Rick Baccus is relieved of his duties at Guantanamo and also as an officer in the Rhode Island National Guard. With regard to the latter position, his commanding officer in the Rhode Island National Guard, Maj. Gen. Reginald Centracchio, says he has fired him for reasons that “culminated in my losing trust and confidence in him.” One of those reasons, a National Guard spokesman says, is failing to keep headquarters up to date with reports on the well-being of troops. Baccus denies the allegation and expresses surprise. “I’m a little amazed that after being deployed for seven months, separated from my wife, family, and my job and being called to active duty, this is the kind of reception I’m getting.” [Guardian, 10/16/2002] In response to the allegation that his treatment of prisoners made it more difficult for the interrogators, Baccus states that “in no instance did I interfere with interrogations.” [Guardian, 10/16/2002] Paradoxically, this is exactly what the Pentagon is planning to change. Baccus’s sacking coincides with the merger of his Joint Task Force (JTF) 160 with military intelligence unit JTF-170 into a new JTF-GTMO. By doing this Rumsfeld will give military intelligence control of all aspects of the camp, including the MPs. [Newsweek, 5/24/2004] Military police, now called the Joint Detention Operations Group (JDOG), and the Joint Intelligence Group report directly to the commander of JTF-GTMO. The MPs are fully incorporated into a joint effort of extracting information from prisoners. Vice Admiral Albert T. Church III, naval inspector general, will later describe the arrangement during a press briefing in May 2004: “They monitor the detainees, they monitor their behavior, they monitor who the leaders are, who the followers are, they monitor what is said and they ask for an interpreter if there’s a lot of conversation going on. They’ll know eating habits, and they’ll record this in a management information system, which could be useful to the intelligence group, during the interrogations.” [US Department of Defense, 5/12/2004]

Entity Tags: Rick Baccus, Reginald Centracchio, Albert T. Church III, Donald Rumsfeld

Timeline Tags: Torture of US Captives

Lieutenant Colonel Diane Beaver, the top legal adviser to the Army’s interrogation unit at Guantanamo, JTF-170, writes a legal analysis of the extreme interrogation techniques being used on detainees. Beaver notes that some of the more savage “counter-resistance” techniques being considered for use, such as waterboarding (the use of which has resulted in courts-martials for users in the past) might present legal problems. She acknowledges that US military personnel at Guantanamo are bound by the Uniform Code of Military Justice, which characterizes “cruelty,” “maltreatment,” “threats,” and “assaults” as felonies. However, she reasons, if interrogators can obtain “permission,” or perhaps “immunity,” from higher authorities “in advance,” they might not be legally culpable. In 2006, a senior Defense Department official calls Beaver’s legal arguments “inventive,” saying: “Normally, you grant immunity after the fact, to someone who has already committed a crime, in exchange for an order to get that person to testify. I don’t know whether we’ve ever faced the question of immunity in advance before.” The official praises Beaver “for trying to think outside the box. I would credit Diane as raising that as a way to think about it.” Beaver will later be promoted to the staff of the Pentagon’s Office of General Counsel, where she will specialize in detainee issues. But Naval General Counsel Alberto Mora is less impressed. When he reads Beaver’s legal analysis two months later (see December 17-18, 2002), he calls it “a wholly inadequate analysis of the law.” According to Mora, the Beaver memo held that “cruel, inhuman, or degrading treatment could be inflicted on the Guantanamo detainees with near impunity.” Such acts are blatantly illegal, Mora believes. Mora will note that Defense Secretary Donald Rumsfeld bases his decision to approve such harsh “counter-resistance” techniques (see December 2, 2002) in part on Beaver’s memo. He will write that Rumsfeld’s decision “was fatally grounded on these serious failures of legal analysis.” Neither Beaver nor Rumsfeld will draw any “bright line” prohibiting the combination of these techniques, or defining any limits for their use. As such, this vagueness of language “could produce effects reaching the level of torture,” which is prohibited without exception both in the US and under international law. [New Yorker, 2/27/2006]
Written under Difficult Circumstances - Beaver later tells a more complete story of her creation of the memo. She insists on a paper trail showing that the authorization of extreme interrogation techniques came from above, not from “the dirt on the ground,” as she describes herself. The Guantanamo commander, Major General Michael Dunlavey, only gives her four days to whip up a legal analysis, which she sees as a starting point for a legal review of the interrogation policies. She has few books and materials, and more experienced lawyers at the US Southern Command, the Judge Advocate General School, the Joint Chiefs of Staff, and the DIA refuse to help her write the analysis. She is forced to write her analysis based on her own knowledge of the law and what she could find on the Internet. She bases her analysis on the previous presidential decision to ignore the Geneva Conventions, later recalling, “It was not my job to second-guess the president.” Knowing little of international law, she ignores that body of law altogether. She fully expects her analysis to be dissected and portions of it overridden, but she is later astonished that her analysis will be used as a legal underpinning for the administration’s policies. She has no idea that her analysis is to be used to provide legal cover for much more senior White House officials (see June 22, 2004). She goes through each of the 18 approved interrogation techniques (see December 2, 2002), assessing them against the standards set by US law, including the Eighth Amendment, which proscribes “cruel and unusual punishment,” the federal torture statutes, and the Uniform Code of Military Justice. Beaver finds that each of the 18 techniques are acceptable “so long as the force used could plausibly have been thought necessary in a particular situation to achieve a legitimate government objective, and it was applied in a good faith effort and not maliciously or sadistically for the very purpose of causing harm.” Law professor Phillippe Sands later observes: “That is to say, the techniques are legal if the motivation is pure. National security justifies anything.” The interrogators must be properly trained, Beaver notes, and any interrogations involving the more severe techniques must “undergo a legal, medical, behavioral science, and intelligence review prior to their commencement.” However, if all of the criteria are met, she “agree[s] that the proposed strategies do not violate applicable federal law.” Sands points out that her use of the word “agree” indicates that she “seems to be confirming a policy decision that she knows has already been made.”
'Awful' but Understandable - Sands later calls her reasoning “awful,” but understands that she was forced to write the memo, and reasonably expected to have more senior legal officials review and rewrite her work. “She could not have anticipated that there would be no other piece of written legal advice bearing on the Guantanamo interrogations. She could not have anticipated that she would be made the scapegoat.” Beaver will recall passing Vice President Cheney’s chief of staff David Addington in a Pentagon hallway shortly after she submitted the memo. Addington smiled at her and said, “Great minds think alike.” [Vanity Fair, 5/2008]

Entity Tags: Michael E. Dunlavey, Donald Rumsfeld, Diane E. Beaver, Defense Intelligence Agency, David S. Addington, Alberto Mora, Geneva Conventions, Judge Advocate General School, US Department of Defense, US Department of the Army, Phillippe Sands, Joint Chiefs of Staff, US Southern Command

Timeline Tags: Torture of US Captives, Civil Liberties

At a Republican fundraiser, President Bush erroneously labels captured Islamic militant Abu Zubaida (see March 28, 2002) as “one of the top three leaders” of al-Qaeda. Senior government officials have long been aware that many intelligence officials believe Zubaida to be little more than a low-level “gofer” for al-Qaeda (see Shortly After March 28, 2002 and April 9, 2002 and After). Bush says, apparently boasting of the deaths of some captured suspects: “I would say we’ve hauled in—arrested, or however you want to put it—a couple of thousand of al-Qaeda. Some of them are former leaders. Abu Zubaida was one of the top three leaders in the organization. Like number weren’t as lucky, they met a different kind of fate. But they’re no longer a problem. We’re slowly but surely rounding them up. The other day we got this guy, [Ramzi b]in al-Shibh. He popped his head up. He’s not a problem (see September 11, 2002). Slowly but surely. And I’m not giving up. There’s not a calendar on my desk that says, okay, on this day, you quit. That’s just not the way I think.” [White House, 10/14/2002]

Entity Tags: Abu Zubaida, Al-Qaeda, Ramzi bin al-Shibh, George W. Bush

Timeline Tags: Torture of US Captives

NSA Director Michael Hayden.
NSA Director Michael Hayden. [Source: NSA]NSA Director Michael Hayden testifies before the 9/11 Congressional Inquiry that the “NSA had no [indications] that al-Qaeda was specifically targeting New York and Washington… or even that it was planning an attack on US soil.” Before 9/11, the “NSA had no knowledge… that any of the attackers were in the United States.” Supposedly, a post-9/11 NSA review found no intercepts of calls involving any of the 19 hijackers. [Reuters, 10/17/2002; US Congress, 10/17/2002; USA Today, 10/18/2002] Yet, in the summer of 2001 (see Summer 2001), the NSA intercepted communications between Khalid Shaikh Mohammed, the mastermind of the 9/11 attacks, and hijacker Mohamed Atta, when he was in charge of operations in the US. [Independent, 6/6/2002; Independent, 9/15/2002] What was said between the two has not been revealed. The NSA also intercepted multiple phone calls from al-Qaeda leader Abu Zubaida to the US in the days before 9/11 (see Early September 2001). But who was called or what was said has not been revealed. [ABC News, 2/18/2002] In addition, Hayden testified three times in secret on June 18, June 19, and July 18, but little is known about what he said, as not much information is disclosed in the media and many sections of the Inquiry’s final report about the NSA are heavily redacted. The main revelations at the time of the summer hearings are that the NSA intercepted two messages apparently pertaining to the forthcoming attack one day before 9/11, and this sparks a controversial leak inquiry by the FBI (see August 2, 2002). [CNN, 6/18/2002; CBS News, 6/19/2002; CNN, 6/20/2002; US Congress, 7/24/2003 pdf file]

Entity Tags: Al-Qaeda, National Security Agency, 9/11 Congressional Inquiry, Michael Hayden

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

Shortly after the October 11, 2002, request by Guantanamo commander Major General Michael Dunlavey for approval of new, harsh interrogation techniques, and after Guantanamo legal counsel Diane Beaver submitted her analysis justifying the use of those techniques (see October 11, 2002), General James T. “Tom” Hill forwards everything to General Richard Myers, the chairman of the Joint Chiefs of Staff. Hill includes a letter that contains the sentence, “Our respective staffs, the Office of the Secretary of Defense, and Joint Task Force 170 [the Army unit in charge of interrogating Guantanamo detainees] have been trying to identify counter-resistant techniques that we can lawfully employ.” In the letter, Hill is clearly ambivalent about the use of severe interrogation methods. He wants the opinion of senior Pentagon lawyers, and requests that “Department of Justice lawyers review the third category [the most severe] of techniques.” But none of this happens. The Joint Chiefs should have subjected the request to a detailed legal review, including scrutiny by Myers’s own counsel, Jane Dalton, but instead, Pentagon general counsel William J. Haynes short-circuits the approval process. Navy General Counsel Alberto Mora recalls Dalton telling him: “Jim pulled this away. We never had a chance to complete the assessment.” Myers later recalls being troubled that the normal procedures had been circumvented. Looking at the “Haynes Memo,” Myers will point out, “You don’t see my initials on this.” He notes that he “discussed it,” but never signed off on it. “This was not the way this should have come about.” Myers will come to believe that there was “intrigue” going on “that I wasn’t aware of, and Jane wasn’t aware of, that was probably occurring between [William J.] Haynes, White House general counsel [Alberto Gonzales], and Justice.” Instead of going through the proper channels, the memo goes straight to Haynes, who merely signs off with a note that says, “Good to go.” [Vanity Fair, 5/2008]

Entity Tags: Joint Chiefs of Staff, US Department of Justice, Diane E. Beaver, Alberto R. Gonzales, Alberto Mora, James T. Hill, Jane Dalton, Richard B. Myers, Michael E. Dunlavey, William J. Haynes

Timeline Tags: Torture of US Captives, Civil Liberties

The deputy commander of the Pentagon’s Criminal Investigation Task Force at the Guantanamo Bay detention facility raises concerns that the SERE techniques being used against suspected terrorists (see December 2001) were “developed to better prepare US military personnel to resist interrogations and not as a means of obtaining reliable information.” Concurrently with this officer’s questions, Air Force officials cite “serious concerns regarding the legality of many of the proposed techniques.” Legal officials from other military branches agree, citing “maltreatment” that would “arguably violate federal law.” [Senate Armed Services Committee, 11/20/2008 pdf file]

Entity Tags: US Department of the Air Force, Criminal Investigation Task Force, US Department of Defense

Timeline Tags: Torture of US Captives

Maj. Gen. Geoffrey Miller assumes command of the new Joint Task Force (JTF) GTMO, which is the product of the merger of the military intelligence and military police units at Guantanamo (see October 9, 2002). [Amnesty International, 10/27/2004] Although he is reported not to have had any formal training in the operation of prisons or in intelligence, Miller comes to be seen at the Pentagon as largely successful in extracting information from the prisoners. “[H]e oversaw,” according to the Washington Post, “a transformation of the… detention center at Guantanamo Bay from a disorganized bundle of tents into an efficient prison that routinely produced what officials have called ‘moderately valuable’ intelligence for the war on terrorism.” [Washington Post, 5/16/2004] The “Tipton Three,”—Rhuhel Ahmed, Asif Iqbal, and Shafiq Rasul—also notice the difference. “We had the impression,” Rasul recalls, “that at the beginning things were not carefully planned but a point came at which you could notice things changing. That appeared to be after [the arrival of] Gen. Miller around the end of 2002.” Thus, according to the Tipton Three, it is under Miller that the practice of so called “short-shackling” begins, which is the chaining of prisoners into squatting or fetal positions. Miller’s arrival also heralds, according to the three Britons, the start of sexual humiliation, “loud music playing in interrogation, shaving beards and hair,… taking away people’s ‘comfort’ items, the introduction of levels, moving some people every two hours depriving them of sleep, [and] the use of A/C air.” Also, isolation periods are stepped up considerably. “Before, when people would be put into blocks for isolation, they would seem to stay for not more than a month. After he came, people would be kept there for months and months and months,” the three allege. “Isolation was always there.” Additionally, the occasional call for prayers is ended under Miller. [Rasul, Iqbal, and Ahmed, 7/26/2004 pdf file]

Entity Tags: Shafiq Rasul, Geoffrey D. Miller, Asif Iqbal, Rhuhel Ahmed

Timeline Tags: Torture of US Captives

Kamal Derwish.Kamal Derwish. [Source: PBS]The revelation that the US killed Qaed Salim Sinan al-Harethi in Yemen with a Predator missile strike (see November 3, 2002 and November 5, 2002) sparks a debate about the morality and legality of remote attacks outside of war zones. The Bush administration had previously criticized Israel’s policy of “targeted killings” of Palestinian militants. Newsweek comments, “A State Department spokesman bobbed and weaved and tried to draw distinctions. But, privately, administration officials say the difference is really one of scale and frequency.” [Newsweek, 11/11/2002] Many international lawyers and some foreign governments question the legality of the assassination. [Guardian, 11/6/2002] For decades, the US government has been prohibited from conducting assassinations. The Bush administration says it still adheres to that policy but makes an exception for “enemy combatants” such as al-Qaeda leaders. In December 2002, it will be revealed that President Bush approved a secret “high-value target list” of about two dozen terrorist leaders, giving the CIA basic executive and legal authority to either kill or capture those in the list. The CIA is also empowered to capture or kill terrorists not mentioned in the list (see September 17, 2001). [New York Times, 12/15/2002] Additional controversy is generated when it is discovered that US citizen Kamal Derwish was one of those killed in the strike. Derwish is alleged to have been connected to an al-Qaeda cell in Buffalo, New York. US officials say the CIA has the legal authority to target and kill US citizens it believes are working for al-Qaeda (see July 22, 2002). [Associated Press, 12/3/2002] The New Yorker reveals that there were two planned Predator strikes in Yemen called off at the last minute that turned out to be aimed at innocent people instead of al-Harethi. One recently retired Special Forces operative who served on high-level planning staffs at the Pentagon warns that the civilians running the military are no longer trying to “avoid the gray area.” Defense Secretary Donald Rumsfeld is reportedly behind the effort to use the CIA and special forces for more remote killings (see July 22, 2002). One former high-level intelligence officer complains, “They want to turn these guys into assassins. They want to go on rumors—not facts—and go for political effect, and that’s what the Special Forces Command is really afraid of.” [New Yorker, 12/16/2002] Noting that in its battle against al-Qaeda, the US has effectively deemed the entire planet a combat zone, Scott Silliman, director of Duke University’s Center on Law, Ethics and National Security says, “Could you put a Hellfire missile into a car in Washington, DC?…The answer is yes, you could.” But National Security Adviser Condoleezza Rice says, “No constitutional questions are raised here.” [Chicago Tribune, 11/24/2002; Associated Press, 12/3/2002]

Entity Tags: Scott L. Silliman, Condoleezza Rice, Kamal Derwish, Donald Rumsfeld, Qaed Salim Sinan al-Harethi

Timeline Tags: Torture of US Captives, Complete 911 Timeline

Wahab al-Rawi.Wahab al-Rawi. [Source: Public domain]Bisher al-Rawi and Jamil al-Banna, both long-time British residents, and Abdullah El-Janoudi, a British citizen, fly from London to Gambia. They are planning to help al-Rawi’s brother, Wahab al-Rawi, set up a mobile peanut oil processing company. But before they left, they were detained for several days by police. Meanwhile, the British intelligence agency MI5 sent the CIA false information about them, for instance alleging that al-Rawi was traveling with a timing device for a bomb, even though MI5 had already inspected it and determined it was simply a battery charger (see November 1-7, 2002). MI5 asks the CIA to detain and question them when they arrive in Gambia. Wahab al-Rawi is already in Gambia, and when he and a friend arrive to greet the three men, all five of them are detained by Gambian agents. [Washington Post, 4/2/2006; Observer, 7/29/2007] But the men are moved to hidden locations and safe houses around the capital. Technically, they are held by the NIA, the Gambian intelligence agency, but CIA agents act as if they are in charge. They are intensively interrogated for many days, and one American using the alias Lee leads the questioning. Al-Rawi and al-Banna had recently worked as informants for MI5, helping them communicate with the radical imam Abu Qatada, who was said to be in hiding but was really an MI5 informant himself (see Late September 2001-Summer 2002 and Summer-Early November 2002). However, MI5 has given the CIA the impression that they were not informants but were plotting with Qatada. Al-Rawi will later say, “From the beginning, the questions made it plain that the Americans had been given the contents of my own MI5 file, which was supposed to be confidential. Lee even told me the British were giving him information. I had agreed to help MI5 because I wanted to prevent terrorism, and now the information I had freely given them was being used against me in an attempt to prove that I myself was some kind of terrorist.” [Observer, 7/29/2007] When Wahab refuses to cooperate and asks either for a lawyer or a representative from the British high commission, the Gambian agents laugh and tell him it was the British who ordered the arrests. [Guardian, 7/11/2003] According to Amnesty International, one of them is warned that if he does not cooperate he will be turned over to the Gambian police who will “beat and rape him.” [Amnesty International, 8/19/2003] The Washington Post will later report, “The primary purpose of this elaborate operation, documents and interviews suggest, was not to neutralize a pair of potential terrorists—authorities have offered no evidence that they were planning attacks—but to turn them into informers.” Al-Rawi’s lawyer will later speculate, “Either it was an attempt to put these guys at risk and to use them to find evidence that would implicate Abu Qatada, or it was an attempt to bring them within the closer control of MI5.” Just a day before leaving Britain, MI5 agents asked al-Banna to become a full-time informant and he had turned them down (see October 31, 2002). After about a month, all but Bisher al-Rawi and al-Banna are freed and allowed to return to Britain. The two of them, however, are flown to the US prison in Bagram, Afghanistan, where harsher interrogation methods can be used on them. [Washington Post, 4/2/2006] Before they leave Gambia, one of their US interrogators tells al-Rawi that they now realize the two of them were MI5 informants, but they will be sent to Bagram anyway. “He told me: ‘We know you were working for MI5’, and said if I told the truth I would get out.” [Observer, 7/29/2007]

Entity Tags: Jamil al-Banna, Central Intelligence Agency, Abdullah El-Janoudi, Wahab al-Rawi, “Lee”, Bisher al-Rawi, UK Security Service (MI5)

Timeline Tags: Torture of US Captives

Shortly after his arrest in the United Arab Emirates in early October 2002 (see Early October 2002), al-Qaeda leader Abd al-Rahim al-Nashiri is taken to an unknown location and tortured. He is waterboarded, which is a technique simulating drowning that is widely regarded as torture. He is only one of about three high-ranking detainees waterboarded, according to media reports (see May 2002-2003). [Associated Press, 12/11/2007] Much will later be written about the torture and interrogation of other top al-Qaeda leaders such as Abu Zubaida, but next to nothing is publicly known about what happens to al-Nashiri in the months after his arrest. However, in late 2007 it will be reported that at least some of his interrogations were videotaped by the CIA (see Spring-Late 2002) and his waterboarding was videotaped. [Washington Post, 12/18/2007] But these videotapes will later be destroyed in controversial circumstances (see November 2005). The waterboarding likely takes place in Thailand, because the videotape of al-Nashiri’s torture will be destroyed there in 2005 (see November 2005). [Newsweek, 6/28/2008]

Entity Tags: Abd al-Rahim al-Nashiri, Central Intelligence Agency

Timeline Tags: Torture of US Captives, Complete 911 Timeline

An Afghan detainee dies of hypothermia while being brutalized by CIA interrogators at a secret prison north of Kabul code-named the “Salt Pit” (see After October 2001). The detainee, whose name is Gul Rahman, is considered uncooperative (see November 2002). [Washington Post, 3/3/2005; ABC News, 11/18/2005; Associated Press, 3/28/2010] He had originally been arrested in Pakistan, and then brought to Afghanistan. [Washington Post, 9/19/2009] An inexperienced junior CIA case officer named Matthew Zirbel, who is in charge of the Salt Pit, orders Rahman to be stripped semi-naked, chained to the concrete floor, and left overnight without blankets. [Washington Post, 3/3/2005; ABC News, 11/18/2005; Mahoney and Johnson, 10/9/2009, pp. 29 pdf file] The incident will later be confirmed by four government officials. Afghan guards paid by the CIA and working under agency supervision take Rahman to an abandoned warehouse, drag him around on the concrete floor, causing bruising and lacerations, before chaining him in his cell. When night falls, the temperature plummets. Rahman is found in the morning, frozen to death. A CIA medic quickly autopsies him and states that “hypothermia” is the cause of death, and guards bury the body in an unmarked, unacknowledged cemetery used by Afghan forces. The man’s family is not notified, and his remains are never returned for a proper burial. The man is not listed on any registry of captives, not even as a so-called “ghost detainee.” One government official says simply, “He just disappeared from the face of the earth.” Zirbel will later be promoted. [Washington Post, 3/3/2005; ABC News, 11/18/2005] Zirbel’s supervisor, the CIA chief of station in Afghanistan known only as Paul P., will go on to play a role in incidents of detainee abuse in Iraq, although details about this are unknown. [Washington Post, 9/19/2009; Harper's, 3/28/2010] Colleagues later describe Zirbel as “bright… eager, [and] full of energy,” and say that he was placed in charge of the facility because “there were not enough senior-level volunteers,” according to one senior intelligence officer. “It’s not a job just anyone would want. More senior people said, ‘I don’t want to do that.’ There was a real notable absence of high-ranking people” in Afghanistan. Moreover, the officer will add: “[T]he CIA did not have a deep cadre of people who knew how to run prisons. It was a new discipline. There’s a lot of room to get in trouble.” The CIA will brief the chairmen and vice chairmen of the House and Senate Intelligence Committees on the death, but at least one official will say the briefing is incomplete. Senator John D. Rockefeller (D-WV), the ranking minority member of the Senate Intelligence Committee, will ask the committee chairman, Pat Roberts (R-KS), to investigate Rahman’s death, but Roberts will refuse. No one is sure if Rahman had any real connection to al-Qaeda or the Taliban. “He was probably associated with people who were associated with al-Qaeda,” one US government official will say. [Washington Post, 3/3/2005; ABC News, 11/18/2005]

Entity Tags: House Intelligence Committee, Matthew Zirbel, “Paul P.”, Pat Roberts, Central Intelligence Agency, John D. Rockefeller, Gul Rahman, Senate Intelligence Committee

Timeline Tags: Torture of US Captives

The CIA’s Deputy Director for Operations, James Pavitt, informs the agency’s inspector general, John Helgerson, that the CIA Counterterrorist Center has established a program to detain and interrogate terrorists at foreign sites. At the same time, Pavitt also informs Helgerson that he has just learned of an apparently controversial incident and sent a team to investigate it. It appears that the incident triggered the notification to the inspector general about the program. [Central Intelligence Agency, 5/7/2004, pp. 1 pdf file] The incident is the killing of detainee Gul Rahman at the Salt Pit prison in Afghanistan (see After October 2001 and November 20, 2002). [Associated Press, 3/28/2010] The detention and interrogation program has been in operation since March at the latest, as high-value detainee Abu Zubaida was arrested and then taken to a CIA black site at that time (see March 28, 2002 and April - June 2002). However, it is unclear whether Helgerson was aware of the program prior to being informed by Pavitt.

Entity Tags: Office of the Inspector General (CIA), James Pavitt, Central Intelligence Agency, Directorate of Operations, John Helgerson

Timeline Tags: Torture of US Captives

The CIA’s office of the inspector general begins an investigation of the killing of detainee Gul Rahman at the agency’s Salt Pit black site in Afghanistan (see November 20, 2002). The investigation begins after the agency’s inspector general, John Helgerson, is notified of the incident by management (see Shortly After November 20, 2002). It is unclear whether the inspector general issues a separate report on this incident or whether his office’s conclusions about it are contained in a general report on the effectiveness of the CIA’s detention and interrogation program (see May 7, 2004). Whatever the case, the inspector general’s conclusions focus on two agency officials, an officer named Matthew Zirbel, who caused Rahman’s death, and his boss, the CIA’s station chief in Afghanistan, known only as Paul P. The investigation finds that Zirbel displayed poor judgement in leaving Rahman to die, but that he made repeated requests for guidance that were largely ignored. [Associated Press, 3/28/2010]

Entity Tags: Office of the Inspector General (CIA), “Paul P.”, Central Intelligence Agency, Matthew Zirbel

Timeline Tags: Torture of US Captives

The new commander at the Guantanamo detention facility, General Geoffrey Miller, receives a “voco”—a vocal command—to begin aggressively interrogating suspected “20th hijacker” Mohamed al-Khatani (see August 8, 2002-January 15, 2003). This is well before Defense Secretary Donald Rumsfeld gives written authorization for these techniques to be used (see November 27, 2002 and December 2, 2002), but after the request had been submitted for approval (see October 11, 2002). Considering Miller’s rank, it seems unlikely that anyone lower in the chain of command than Rumsfeld would have issued the order, and Rumsfeld is unlikely to make such a “voco” without the support of Pentagon general counsel William J. Haynes. The interrogation log of al-Khatani for November 23 indicates the immediate effect of the “voco”: “The detainee arrives at the interrogation booth. His hood is removed and he is bolted to the floor.” [Vanity Fair, 5/2008]

Entity Tags: William J. Haynes, Donald Rumsfeld, Mohamed al-Khatani, Geoffrey D. Miller

Timeline Tags: Torture of US Captives

James T. Hill.James T. Hill. [Source: Defense Department]Department of Defense General Counsel William J. Haynes sends Defense Secretary Donald Rumsfeld an “action memo” to approve a set of interrogation tactics for use. The techniques are to be used at the discretion of General James T. Hill, commander of the US Southern Command, and are those previously classified in Categories I and II, and the “mild, non-injurious contact” techniques from Category III that were suggested by the Guantanamo legal staff (see October 25, 2002). The mildest techniques, Category I, can be used by interrogators at will and include yelling and mild forms of deception. Category II techniques are to be approved by an “interrogator group director,” and include the use of stress positions for up to four hours; use of falsified documents; isolation of a detainee for up to thirty days; sensory deprivation and hooding; twenty-hour interrogations; removal of hygiene and religious items; enforced removal of clothing (stripping); forced grooming, including the shaving of beards; and playing on detainees’ phobias, such as a fear of dogs, to induce stress and break resistance. With regard to the remaining harsh techniques in Category III—physical contact, death threats, and use of wet towels (waterboarding)—Haynes writes that they “may be legally available [but] as a matter of policy, a blanket approval… is not warranted at this time.” Haynes mentions having discussed the matter with “the deputy, Doug Feith and General Myers,” who, he believes, join him in the recommendation. He adds, “Our armed forces are trained to a standard of interrogation that reflects a tradition of restraint.” [Human Rights Watch, 8/19/2004] Rumsfeld will sign the so-called “Haynes Memo” (see December 2, 2002), and add the following handwritten comment: “I stand for 8-10 hours a day. Why is standing limited to 4 hours?” [Vanity Fair, 5/2008]

Entity Tags: James T. Hill, Donald Rumsfeld, Douglas Feith, Richard B. Myers, William J. Haynes

Timeline Tags: Torture of US Captives

Habibullah.Habibullah. [Source: CBS]Mullah Habibullah, a 30-year-old Afghan from the southern province of Oruzgan, dies of complications related to “blunt force trauma” while in detention at the US base at Bagram. [Washington Post, 3/5/2003; BBC, 3/6/2003; Guardian, 3/7/2003; New York Times, 9/17/2004] Habibullah was captured by an Afghan warlord on November 28, 2002, and delivered to Bagram by the CIA on November 30. Habibullah is identified as the brother of a former Taliban commander, and later described as portly, well-groomed, and, in the words of American military police officer Major Bobby Atwell, “very confident.” [New York Times, 5/20/2005]
Injured When Delivered into US Custody - When Habibullah arrived at the US air base, he was reportedly already severely hurt. Despite his condition, according to one account, he was isolated “in a ‘safety’ position [stress position], with his arms shackled and tied to a beam in the ceiling.” He was left in that position for days, but regularly checked on. [Knight Ridder, 8/21/2004]
Targeted for Abuse - Though battered and ill, Habibullah’s defiance makes him a target for physical abuse, with the MPs and guards repeatedly attacking his legs. (Some guards will later claim Habibullah’s injuries were received when he tried to escape.) Most of the Americans will later describe Habibullah as insubordinate; one will recall being kneed in the groin by Habibullah after subjecting the prisoner to a rectal examination. Habibullah’s interrogations produce little of worth, in part because the MPs who interrogate him usually have no interpreters available. Sometimes the MPs demand that another prisoner translate for them; usually the interrogation sessions contain no more than physical restraints or beatings. [New York Times, 5/20/2005] At some point, Sgt. James P. Boland, a guard from the Army Reserve’s 377th MP Company from Cincinnati, allegedly watches as a subordinate beats Habibullah. [New York Times, 9/17/2004] The beating of Habibullah was likely witnessed by British detainee Moazzam Begg, who will later say he witnessed the death of “two fellow detainees at the hands of US military personnel” while at Bagram (see July 12, 2004). [Guardian, 10/1/2004; New York Times, 10/15/2004]
Complaints of Chest Pains Mocked - During his last interrogation session, on December 2, Habibullah spends the entirety of the session coughing and complaining of chest pains. His right leg is stiff and his right leg swollen. The interpreter for the session, Ebrahim Baerde, later recalls the interrogators “laughing and making fun of” Habibullah “because he was spitting up a lot of phlegm.” Habibullah is still defiant; when one interrogator asks if he wants to spend the rest of his life in handcuffs, Baerde will recall the prisoner retorting, “Yes, don’t they look good on me?” [New York Times, 5/20/2005]
Found Dead, Hanging from Shackles - On December 3, Habibullah is found dead, still hanging in his shackles. [Washington Post, 3/5/2003; BBC, 3/6/2003; Guardian, 3/7/2003; New York Times, 9/17/2004] Boland sees Habibullah hanging from the ceiling of his cell, suspended by two sets of handcuffs and a chain around his waist. His body is slumped forward and his tongue is protruding. Boland, along with Specialists Anthony Morden and Brian Cammack, enters the cell. Cammack puts a piece of bread in Habibullah’s mouth; another soldier puts an apple in Habibullah’s hand, and it falls to the floor. According to Cammack, Habibullah’s spit gets on Cammack’s chest. Later, Cammack will acknowledge, “I’m not sure he spit at me,” but now he screams, “Don’t ever spit on me again!” and knees Habibullah in the thigh “maybe a couple” of times. Habibullah makes no response; his body swings limply from the chains. Twenty minutes later, the guards unchain Habibullah and lay him on the floor. He has no pulse. Cammack, according to another guard, “appeared very distraught” and “was running about the room hysterically.” An MP is sent to wake a medic, who refuses to respond, telling the MP to call an ambulance instead. By the time a second medic arrives at the cell, Habibullah is laid spreadeagled on the floor, eyes and mouth open. “It looked like he had been dead for a while, and it looked like nobody cared,” the medic, Staff Sergeant Rodney Glass, will later recall. Atwell will later recall that Habibullah’s death “did not cause an enormous amount of concern ‘cause it appeared natural.” The autopsy, completed five days later, will show bruises and abrasions on Habibullah’s chest, arms, and head. The body has severe contusions on the calves, knees, and thighs, and the sole print of a boot is on his left calf. The death will be attributed to a blood clot, probably caused by the severe injuries to his legs, which traveled to his heart and blocked the blood flow to his lungs. [New York Times, 5/20/2005] His legs have been struck so forcefully, according to one death certificate, it complicated his coronary artery disease. Another certificate will say the beating led to a pulmonary embolism, which is a blockage of an artery in the lungs, often caused by a blood clot. [USA Today, 5/31/2004]
Commanding Officer Able to Hear Screams, Moans of Detainees - In charge of the military intelligence interrogators at Bagram at this time is Capt. Carolyn A. Wood. According to an anonymous intelligence officer, Wood should be aware of what is happening to prisoners at Bagram since interrogations take place close to her office. The intelligence officer will recall hearing screams and moans coming out from the interrogation and isolation rooms. [Knight Ridder, 8/21/2004]

Entity Tags: Carolyn A. Wood, Anthony Morden, Bobby Atwell, Brian Cammack, James P. Boland, Rodney Glass, Ebrahim Baerde, Mullah Habibullah, Moazzam Begg, Taliban

Timeline Tags: Torture of US Captives, War in Afghanistan

David Brant, the head of the Naval Criminal Investigative Service (NCIS), learns disturbing information about detainees in US custody being abused at the Guantanamo detention facility. Brant is in charge of a team of NCIS agents working with the FBI at Guantanamo, called the Criminal Investigative Task Force. The task force’s job is to obtain incriminating information from the detainees for use in future trials or tribunals. Brant, an experienced law enforcement officer, finds what his task force agents tell him about interrogations at Guantanamo troubling. According to his agents, who have examined the interrogation logs, the military intelligence interrogators seem poorly trained and frustrated by their lack of success. Brant learns that the interrogators are engaging in ever-escalating levels of physical and psychological abuse, using tactics that Brant will later describe as “repugnant.” Much of his information comes from NCIS psychologist Michael Gelles, who has access to the Army’s top-secret interrogation logs at Guantanamo. [New Yorker, 2/27/2006; Vanity Fair, 5/2008] Gelles learned of the torture techniques being used at Guantanamo while reading through those logs for an internal study. He is taken aback at what author and reporter Charlie Savage will later call “a meticulously bureaucratic, minute-by-minute account of physical torments and degradation being inflicted on prisoners by American servicemen and women.” [Savage, 2007, pp. 178] Brant will later recall that Gelles “is phenomenal at unlocking the minds of everyone from child abusers to terrorists.” Therefore, when Gelles tells Brant that he finds the logs “shocking,” Brant takes it seriously. One of the most horrific cases is that of Mohamed al-Khatani (see December 17, 2002). [New Yorker, 2/27/2006; Vanity Fair, 5/2008] Brant says that NCIS will pull its interrogators out of Guantanamo if the abuses continue, and goes to the Navy’s general counsel, Alberto Mora, for help (see December 17-18, 2002). [Savage, 2007, pp. 178]

Entity Tags: Michael Gelles, David Brant, Mohamed al-Khatani, Alberto Mora, Charlie Savage, Naval Criminal Investigative Service

Timeline Tags: Torture of US Captives, Civil Liberties

Rumsfeld’s handwritten note at the bottom of the memo he signs: “However, I stand for 8-10 hours a day. Why is standing limited to 4 hours?”Rumsfeld’s handwritten note at the bottom of the memo he signs: “However, I stand for 8-10 hours a day. Why is standing limited to 4 hours?” [Source: HBO]Defense Secretary Donald Rumsfeld approves General Counsel William J. Haynes’ recommendations for interrogations methods (see November 27, 2002) and signs the action memo. [Associated Press, 6/23/2004] He adds in handwriting: “However, I stand for 8-10 hours a day. Why is standing limited to 4 hours?” In signing the memo, Rumsfeld adds for use at Guantanamo Bay 16 more aggressive interrogation procedures to the 17 methods that have long been approved as part of standard US military practice. [New York Times, 8/25/2004] The additional methods, like interrogation sessions of up to 20 hours at a time and the enforced shaving of heads and beards, are otherwise prohibited under US military doctrine. [MSNBC, 6/23/2004]

Entity Tags: William J. Haynes, Donald Rumsfeld

Timeline Tags: Torture of US Captives

A federal judge in New York rules that Jose Padilla, a US citizen who has been accused of being an al-Qaeda “dirty bomber,” has the right to meet with a lawyer (see June 10, 2002; June 9, 2002). Judge Michael Mukasey agrees with the government that Padilla can be held indefinitely as an “enemy combatant” even though he is a US citizen. But he says such enemy combatants can meet with a lawyer to contest their status. However, the ruling makes it very difficult to overturn such a status. The government only need show that “some evidence” supports its claims. [Washington Post, 12/5/2002; Washington Post, 12/11/2002] In Padilla’s case, many of the allegations against him given to the judge, such as Padilla taking his orders from al-Qaeda leader Abu Zubaida, have been widely dismissed in the media. [Washington Post, 9/1/2002] As The Guardian puts it, Padilla “appears to be little more than a disoriented thug with grandiose ideas.” [Guardian, 10/10/2002] After the ruling, Vice President Cheney sends Deputy Solicitor General Paul Clement to see Mukasey on what Justice Department lawyers call “a suicide mission.” Clement, speaking for Cheney, tells Mukasey that he has erred so grossly that he needs to immediately retract his decision. Mukasey rejects the government’s “pinched legalism” and adds that his order is “not a suggestion or request.” [Washington Post, 6/25/2007] The government continues to challenge this ruling, and Padilla will continue to be denied access to a lawyer (see March 11, 2003).

Entity Tags: US Department of Justice, Richard (“Dick”) Cheney, Al-Qaeda, Jose Padilla, Abu Zubaida, Michael Mukasey, Paul Clement

Timeline Tags: Torture of US Captives, Complete 911 Timeline, Civil Liberties

A sketch by MP Sergeant Thomas Curtis showing how Dilawar was chained to the ceiling of his cell. A sketch by MP Sergeant Thomas Curtis showing how Dilawar was chained to the ceiling of his cell. [Source: New York Times]Dilawar, a 22-year-old Afghan farmer and part-time taxi driver from the small village of Yakubi in eastern Afghanistan, is picked up by local authorities and turned over to US soldiers. Dilawar is described as a shy, uneducated man with a slight frame, rarely leaving the stone farmhouse he shares with his wife and family. He is captured while driving a used Toyota sedan that his family bought him to use as a taxi. He has three fares, men headed back towards his village, and is stopped by Afghan militiamen loyal to the guerrilla commander Jan Baz Khan. (Khan will later be taken into custody himself for allegedly attacking US targets and then turning over innocent villagers to US forces, accusing them of carrying out the attacks.) The militia confiscates a broken walkie-talkie from one of the passengers, and an electric stabilizer used to regulate current from a generator in the trunk of the Toyota (Dilawar’s family later says the stabilizer is not theirs; they have no electricity). All four men are turned over to American soldiers at Bagram Air Force Base as suspects in a recent rocket attack on the US base at Khost. They spend the first night handcuffed to the fence to deprive them of sleep. Dilawar is then examined by the base doctor, who pronounces him healthy.
Passengers Shipped to Guantanamo, Say Bagram Treatment Far Worse - Dilawar’s three passengers are eventually shipped to Guantanamo for a year, before being released without charge. The three will describe their ordeal at Bagram as far worse than their treatment at Guantanamo. All will claim to have been beaten, stripped in front of female guards, and subjected to repeated and harsh rectal exams. Abdul Rahim, a baker from Khost, will recall: “They did lots and lots of bad things to me [at Bagram]. I was shouting and crying, and no one was listening. When I was shouting, the soldiers were slamming my head against the desk.” Another of Dilawar’s passengers, Parkhudin, later recalls that Dilawar “could not breathe” in the black cloth hood pulled over his head.
Running Joke - Though Dilawar is shy and frail, he is quickly labeled “noncompliant.” One US military policeman, Specialist Corey Jones, reports that Dilawar spat on him and tried to kick him. Jones retaliated by giving him a number of “peroneal knee strikes” (see May 20, 2005). As Jones will later recall: “He screamed out, ‘Allah! Allah! Allah!’ and my first reaction was that he was crying out to his god. Everybody heard him cry out and thought it was funny. It became a kind of running joke, and people kept showing up to give this detainee a common peroneal strike just to hear him scream out ‘Allah.’ It went on over a 24-hour period, and I would think that it was over 100 strikes.” Several other guards will later admit to striking Dilawar. While most MPs deny any knowledge of Dilawar being injured by the physical assaults, Jones will remember seeing Dilawar’s legs when his orange drawstring pants fell off of him while he was shackled. “I saw the bruise because his pants kept falling down while he was in standing restraints,” Jones will later recall. “Over a certain time period, I noticed it was the size of a fist.” Dilawar’s repeated cries and pleas for his release do little besides annoy his captors.
Fourth Interrogation Marked by Beatings - Dilawar’s fourth interrogation, on December 8, turns sour. Lead interrogator Specialist Glendale Walls will contend that Dilawar is hostile and evasive. Sergeant Selena Salcedo, another interrogator, will say that Dilawar smiled, refused to answer questions, and refused to stay kneeling on the ground or in his ordered “chair-sitting” posture against the wall. But the interpreter present, Ahmad Ahmadzai, has a different recollection. According to Ahmadzai, Dilawar denies launching any rockets at the Americans. He is unable to hold his cuffed hands above him while kneeling, and Salcedo slaps them back up whenever they begin to droop. “Selena berated him for being weak and questioned him about being a man, which was very insulting because of his heritage,” Ahmadzai will tell investigators. Both Salcedo and Walls repeatedly slam Dilawar against the wall: “This went on for 10 or 15 minutes,” Ahmadzei will say. “He was so tired he couldn’t get up.” Salcedo begins stamping his foot, yanking his head by grabbing his beard, and kicking him in the groin. Ahmadzai will state: “About the first 10 minutes, I think, they were actually questioning him, after that it was pushing, shoving, kicking and shouting at him. There was no interrogation going on.” Salcedo orders the MPs to keep him chained to the ceiling of his cell until the next shift comes on. [Knight Ridder, 8/21/2004; New York Times, 5/20/2005]
Chained to the Ceiling - The next morning, Dilawar is still chained to his ceiling. He begins shouting during the morning, and is ignored until around noon, when MPs ask another interpreter, Ebrahim Baerde, to see if he can calm Dilawar. Baerde will tell investigators: “I told him, ‘Look, please, if you want to be able to sit down and be released from shackles, you just need to be quiet for one more hour.’ He told me that if he was in shackles another hour, he would die.” A half-hour later, Baerde returns to the cell to find Dilawar slumped in his chains. “He wanted me to get a doctor, and said that he needed ‘a shot,’” Baerde will recall. “He said that he didn’t feel good. He said that his legs were hurting.” Baerde tells a guard, who checks Dilawar’s circulation by pressing down on his fingernails. According to Baerde, the guard says: “He’s okay. He’s just trying to get out of his restraints.” [New York Times, 3/4/2003; Guardian, 3/7/2003; Independent, 3/7/2003; Knight Ridder, 8/21/2004; New York Times, 9/17/2004; New York Times, 5/20/2005]
Dead Days Later - Dilawar will be found dead in his cell days later (see December 10, 2002).

Entity Tags: Ebrahim Baerde, Glendale Walls, Jan Baz Khan, Dilawar, Abdul Rahim, Ahmad Ahmadzai, Corey Jones, Selena Salcedo, Parkhudin

Timeline Tags: Torture of US Captives, War in Afghanistan

Jamil al-Banna.Jamil al-Banna. [Source: Public domain]On December 8, 2002, British residents Bisher Al-Rawi and Jamil al-Banna are secretly flown from Gambia to the US military base in Bagram, Afghanistan. They had been held in Gambia by the CIA after the British intelligence agency MI5 gave the CIA false information suggesting the two of them were Islamist militants. In fact, they had worked until recently as informants for MI5. In Gambia, they were pressured to resume their informant work (see November 8, 2002-December 7, 2002). Once in Bagram, they are again pressured to be informants. The CIA asks if they will inform for them, instead of MI5. Al-Banna in particular is offered increasing sums of money and a US passport if he works for the CIA, but he refuses. [Washington Post, 4/2/2006] They are initially taken to the “dark prison” near Kabul and kept in the cold in complete darkness for two weeks. Loudspeakers blare music at them 24 hours a day. Al-Rawi will later recall: “For three days or so I just sat in the corner, shivering. The only time there was light was when a guard came to check on me with a very dim torch—as soon as he’d detect movement, he would leave. I tried to do a few push-ups and jogged on the spot to keep warm. There was no toilet paper, but I tore off my nappies and tried to use them to clean myself.” After about two weeks, they are taken to the nearby Bagram prison. They are heavily abused there too, starting by beating beaten up as they arrive. The two of them had worked as go-betweens between MI5 and the radical imam Abu Qatada, and in Bagram they are heavily pressured to incriminate Abu Qatada. By this time, Abu Qatada is imprisoned in Britain and fighting deportation. [Observer, 7/29/2007] Al-Banna will later tell a detainee in Guantanamo, Asif Iqbal, that Bagram was “rough” and “that he had been forced to walk around naked, coming and going from the showers, having to parade past American soldiers or guards including women who would laugh at everyone who was put in the same position.” [Rasul, Iqbal, and Ahmed, 7/26/2004 pdf file] At no time during their detention are they permitted to see a lawyer, despite the fact that a habeas corpus petition has been filed on their behalf and is pending before British courts. In March 2003, they are sent to Guantanamo (see March 2003-November 18, 2007). [Amnesty International, 8/19/2003; Petition for writ of habeas corpus for Bisher al-Rawi, Jamil el-Banna and Martin Mubanga. Jamil el-Banna, et al. v. George Bush, et al., 7/8/2004 pdf file]

Entity Tags: Jamil al-Banna, Central Intelligence Agency, Bisher al-Rawi, Asif Iqbal

Timeline Tags: Torture of US Captives, War in Afghanistan

Dilawar.Dilawar. [Source: CBS]Dilawar, an Afghan farmer turned taxi driver who was detained by US troops on December 5 (see December 5-9, 2002), is found dead in his cell at Bagram. Earlier that day, he was taken to the interrogation room for what will be his last interrogation. An interpreter will later describes him with legs uncontrollably jumping and numbed hands; Dilawar had been chained by his wrists to the top of his cell for four days and suffered repeated beatings from guards. He is agitated and confused, crying that his wife is dead and complaining of being beaten by his guards. Interpreter Ali Baryalai will later tell investigators, “We didn’t pursue that.”
Making Sure the Prisoner is Hydrated - Dilawar is interrogated by two MPs, Specialists Glendale Walls and Joshua Claus. Though Walls is the lead interrogator, the more aggressive Claus quickly takes control of the proceedings. “Josh had a rule that the detainee had to look at him, not me,” the interpreter will tell investigators. “He gave him three chances, and then he grabbed him by the shirt and pulled him towards him, across the table, slamming his chest into the table front.” Both Walls and Claus slam Dilawar against the wall when he tries and fails to kneel; he begins to either fall asleep or pass out. Baryalai will later state, “It looked to me like Dilawar was trying to cooperate, but he couldn’t physically perform the tasks.” As Baryalai will later tell investigators, Claus grabs Dilawar, shakes him, and tells him that if he does not cooperate, he will be shipped to a prison in the United States, where he would be “treated like a woman, by the other men” and face the wrath of criminals who “would be very angry with anyone involved in the 9/11 attacks.” Dilawar asks for a drink of water, and Claus responds by taking a large plastic water bottle and, instead of giving Dilawar the water, punching a hole in the bottom of the bottle. As Dilawar fumbles with the bottle, the water pours over his orange prison garb. Claus then snatches the bottle back and begins spraying the water into Dilawar’s face. As Dilawar gags on the spray, Claus shouts: “Come on, drink! Drink!” A third interrogator, Staff Sergeant Christopher Yonushonis, enters the room and, as he will recall, finds a large puddle of water, a soaking wet Dilawar, and Claus standing behind Dilawar, twisting up the back of the hood that covers the prisoner’s head. “I had the impression that Josh was actually holding the detainee upright by pulling on the hood,” Yonushonis will recall. “I was furious at this point because I had seen Josh tighten the hood of another detainee the week before. This behavior seemed completely gratuitous and unrelated to intelligence collection.” When Yonushonis demands an explanation, Claus responds, “We had to make sure he stayed hydrated.”
Dies While Chained to the Ceiling - An interrogator, presumably Yonushonis, promises Dilawar that he can see a doctor after the interrogation session concludes, but Claus tells the guards not to take him to a doctor. Instead, Claus tell the guards to chain him to the ceiling again. “Leave him up,” one of the guards will later quote Claus as saying. Dilawar dies while chained up; hours later, an emergency room doctor sees Dilawar’s body already dead and stiffening. Yonushonis reports the abusive interrogation to his superior officer, Staff Sergeant Steven Loring, but Dilawar is already dead.
Autopsy Report: Legs 'Pulpified' - An autopsy will find Dilawar’s death caused by “blunt force injuries to the lower extremities.” At a pre-trial hearing for one of the guards involved in Dilawar’s abuse, a coroner will say the tissue in the prisoner’s legs “had basically been pulpified.” Major Elizabeth Rouse, another coroner and the one who termed Dilawar’s cause of death to be “homicide,” will add, “I’ve seen similar injuries in an individual run over by a bus.” Walls and Claus will both be charged with assault and maltreatment of a prisoner. [New York Times, 5/20/2005]
Changes Implemented - After Dilawar’s death, the second in a matter of days (see November 30-December 3, 2002), some changes are implemented at Bagram. A medic is assigned to work the night shift. Interrogators are prohibited from physical contact with the detainees. Chaining prisoners to fixed objects is banned, and the use of stress positions is curtailed. Yonushonis will not be interviewed until August 2004, when he contacts an agent of the Army’s Criminal Investigation Command on his own initiative to discuss his knowledge of Dilawar’s death. “I expected to be contacted at some point by investigators in this case,” he will say. “I was living a few doors down from the interrogation room, and I had been one of the last to see this detainee alive.” Of the last interrogation, Yonushonis will tell investigators, “I remember being so mad that I had trouble speaking.” He also adds one extra detail: by the time Dilawar was interrogated the final time, “most of us were convinced that the detainee was innocent.” [New York Times, 3/4/2003; Washington Post, 3/5/2003; BBC, 3/6/2003; Guardian, 3/7/2003; Independent, 3/7/2003; New York Times, 9/17/2004; New York Times, 5/20/2005]

Entity Tags: Joshua Claus, Dilawar, Steven Loring, Glendale Walls, Criminal Investigation Command, Elizabeth A. Rouse, Ali Baryalai, Christopher Yonushonis

Timeline Tags: Torture of US Captives, War in Afghanistan

CIA Director Tenet says in a speech, “The Saudis are [providing] increasingly important support to our counterterrorism efforts, from making arrests to sharing debriefing results.” [Washington Post, 12/26/2002] Several terrorist suspects have been sent to Saudi Arabia for interrogation as part of a special rendition program. But US officials often “remain closely involved” with the questioning (see 1993).

Entity Tags: George J. Tenet

Timeline Tags: Torture of US Captives

David Brant, the head of the Naval Criminal Investigative Service (NCIS), approaches Naval General Counsel Alberto Mora about the abuse of detainees in US custody at Guantanamo, abuse perhaps authorized at a “high level” in Washington. Brant is in charge of a team of NCIS agents working with the FBI at Guantanamo, called the Criminal Investigative Task Force. The task force’s job is to obtain incriminating information from the detainees for use in future trials or tribunals.
Troubling Information - Brant has learned troubling information about the interrogations at Guantanamo (see Early December, 2002). Brant had never discussed anything so sensitive with Mora before, and later recalls, “I wasn’t sure how he would react.” Brant had already discussed the allegations of abuse with Army officials, since they have command authority over the detainees, and to Air Force officials as well, but goes to Mora after deciding that no one in either branch seems to care. He is not hopeful that Mora will feel any differently.
Worried about Abuse - Brant goes to Mora because, he will recall, he didn’t want his investigators to “in any way observe, condone, or participate in any level of physical or in-depth psychological abuse. No slapping, deprivation of water, heat, dogs, psychological abuse. It was pretty basic, black and white to me.… I didn’t know or care what the rules were that had been set by the Department of Defense at that point. We were going to do what was morally, ethically, and legally permissible.” Brant had ordered his task force members to “stand clear and report” any abusive tactics that they might witness.
Mora 'Rocked' - Brant is not disappointed in Mora’s reactions. A military official who works closely with Brant will later recall that the news “rocked” Mora. The official will add that Mora “was visionary about this,” adding, “He quickly grasped the fact that these techniques in the hands of people with this little training spelled disaster.” Brant asks if Mora wants to hear more about the situation; Mora will write in a 2004 memo (see July 7, 2004), “I responded that I felt I had to.”
Second Meeting - Brant meets with Mora the next day, and shows Mora part of the transcript of the [Mohamed al-Khatani] interrogations. Mora is shocked when Brant tells him that the abuse was not “rogue activity,” but apparently sanctioned by the highest levels in the Bush administration. Mora will write in his memo, “I was under the opinion that the interrogation activities described would be unlawful and unworthy of the military services.” Mora will recall in a 2006 interview: “I was appalled by the whole thing. It was clearly abusive, and it was clearly contrary to everything we were ever taught about American values.” Shocked, Mora will learn more from his counterpart in the Army (see December 18, 2002), and determine that the abusive practices need to be terminated.
Meeting with Pentagon Lawyer - He will bring his concerns to the Pentagon’s general counsel, William J. Haynes, and will leave that meeting hopeful that Haynes will put an end to the extreme measures being used at Guantanamo (see December 20, 2002). But when Mora returns from Christmas vacation, he will learn that Haynes has done nothing. Mora will continue to argue against the torture of detainees (see Early January, 2003). [New Yorker, 2/27/2006; Vanity Fair, 5/2008]

Entity Tags: William J. Haynes, David Brant, Alberto Mora, Naval Criminal Investigative Service, US Department of Defense

Timeline Tags: Torture of US Captives, Civil Liberties

Naval General Counsel Alberto Mora, concerned about information he has learned about detainee abuse at Guantanamo (see December 17-18, 2002), calls his friend Steven Morello, the Army’s general counsel, and asks if he knows anything about the subject. Morello replies: “I know a lot about it. Come on down.”
'The Package' - In Morello’s office, Mora views what he calls “the package”—a collection of secret military documents that outline the origins of the coercive interrogation policies at Guantanamo. It begins with a request to use more aggressive interrogation tactics at Guantanamo (see October 11, 2002). Weeks later, the new head of the detention facility, Major General Geoffrey Miller, pushes senior Pentagon officials for more leeway in interrogations. On December 2, Defense Secretary Donald Rumsfeld gave his approval for the use of several more intensive interrogation tactics, including the use of “hooding,” “exploitation of phobias,” “stress positions,” “deprivation of light and auditory stimuli,” and other coercive methods forbidden from use by the Army Field Manual (see December 2, 2002). Rumsfeld does withhold his approval on the use of some methods such as waterboarding.
'Ashen-faced' - Morello tells Mora, “we tried to stop it,” but was told not to ask questions. A participant in the meeting recalls that Mora was “ashen-faced” when he read the package. According to Mora’s memo, Morello, “with a furtive air,” says: “Look at this. Don’t tell anyone where you got it.” Mora later says, “I was astounded that the secretary of defense would get within 100 miles of this issue.” (Morello will later deny showing Mora a copy of the memo.) Mora is similarly unimpressed by another document in the package, a legal analysis by Army lawyer Diane Beaver (see October 11, 2002), which he says will lead to the use of illegal torture by interrogators.
'Force Drift' - Naval Criminal Investigative Service (NCIS) psychologist Michael Gelles (see Early December, 2002) joins the meeting, and tells Mora that the Guantanamo interrogators are under intense pressure to achieve results. He tells Mora about the phenomenon of “force drift,” where interrogators using coercion begin to believe that if some force achieves results, then more force achieves better results. Mora determines to take action to bring the abuse to a close (see December 20, 2002). [New Yorker, 2/27/2006; Vanity Fair, 5/2008]

Entity Tags: Steven Morello, Naval Criminal Investigative Service, Alberto Mora, US Department of the Army, Donald Rumsfeld, Michael Gelles, Geoffrey D. Miller, US Department of Defense

Timeline Tags: Torture of US Captives, Civil Liberties

Alberto Mora, the Navy’s general counsel, has learned that possibly illegal interrogation techniques are being used against Guantanamo Bay detainees (see December 17-18, 2002). After getting the authorization of Gordon England, the secretary of the Navy, Mora meets with the Pentagon’s general counsel, William J. Haynes, in Haynes’s Pentagon office.
Meeting with Pentagon Counsel - In 2006, Mora will recall telling Haynes in the meeting that whatever its intent, Defense Secretary Donald Rumsfeld’s decision to allow extreme interrogation techniques (see December 2, 2002) is “torture.” Haynes replies, “No, it isn’t.” Mora asks Haynes to reconsider his opinions. For example, what does “deprivation of light and auditory stimuli” mean? Detention in a completely dark cell? For how long? Until he goes blind? And what does the phrase “exploitation of phobias” entail? Could it mean holding a detainee in a coffin? Threatening him with dogs, or rats? Can an interrogator drive a detainee insane? Mora notes that at the bottom of Rumsfeld’s memo, he asks why a detainee can be forced to stand for no longer than four hours a day when he himself often stands “for 8-10 hours a day.” While Rumsfeld may have intended to be humorous, Mora notes that Rumsfeld’s comment could be used as a defense argument in future terrorist trials. (In 2006, Lawrence Wilkerson will say of Rumsfeld’s comment: “It said, ‘Carte blanche, guys.’ That’s what started them down the slope. You’ll have My Lais then. Once you pull this thread, the whole fabric unravels.”) Mora leaves the office hoping that Haynes will come around to his point of view and convince Rumsfeld to withdraw the memo. He will be sharply disappointed (see July 7, 2004). [New Yorker, 2/27/2006] He later calls the interrogation practices “unlawful and unworthy of the military services.” [Savage, 2007, pp. 179]
Haynes Close to Cheney's Office - Mora may not be aware that in meeting with Haynes, he is also in effect engaging the office of Vice President Dick Cheney. Haynes is a protege of Cheney’s neoconservative chief of staff, David Addington. Haynes worked as Addington’s special assistant when Addington served under then-Defense Secretary Cheney in 1989, and Addington promoted Haynes to the office of general counsel of the Army. When George W. Bush took office in 2001, Haynes was awarded the position of the Pentagon’s general counsel. Addington has played key roles in almost all of the administration’s legal arguments in favor of extreme interrogation techniques and detainee policies. One former government lawyer will describe Addington as “the Octopus” because his hands seem to reach into every legal issue. Many of Haynes’s colleagues know that information moves rapidly between Haynes’s and Cheney’s offices. While not a hardline neoconservative like Addington and many other Cheney staffers, Haynes is, as one former Pentagon colleague will call him, “pliant” to serving the agenda of the vice president. [New Yorker, 2/27/2006]

Entity Tags: Alberto Mora, Gordon England, David S. Addington, William J. Haynes, Lawrence Wilkerson, Donald Rumsfeld, US Department of Defense, George W. Bush, Richard (“Dick”) Cheney

Timeline Tags: Torture of US Captives, Civil Liberties

In a front-page article, the Washington Post reports on the US intelligence program of rendition (see 1993) and reveals that US agents are using “stress and duress” techniques to interrogate captives detained in Afghanistan. Persons being held in the CIA interrogation center at Bagram Air Base who refuse to cooperate “are sometimes kept standing or kneeling for hours in black hoods or spray-painted goggles,…. held in awkward, painful positions and deprived of sleep with a 24-hour bombardment of lights’ subject to what are known as ‘stress and duress’ techniques,” the article says. [Washington Post, 12/26/2002; Human Rights Watch, 5/7/2004] Each of the ten current national security officials who were interviewed for the article “defended the use of violence against captives as just and necessary.” [Washington Post, 12/26/2002] It quotes one official who reasons: “If you don’t violate someone’s human rights some of the time, you probably aren’t doing your job…. I don’t think we want to be promoting a view of zero tolerance on this.” [Washington Post, 12/26/2002; Human Rights Watch, 5/7/2004] Likewise, another official acknowledges that “our guys may kick them around a little bit in the adrenaline of the immediate aftermath.” A different source comments, with reference to the medical services provided for captives, that “pain control [in wounded patients] is a very subjective thing.” [Washington Post, 12/26/2002] Finally, in a very explicit remark, one of the officials interviewed by the Post, who is described as being directly involved in the rendition of captives, explains the program’s logic: “We don’t kick the [expletive] out of them. We send them to other countries so they can kick the [expletive] out of them.” [Washington Post, 12/26/2002; Human Rights Watch, 5/7/2004] After the report is published, Maj. Stephen Clutter, the deputy spokesman at Bagram, denies the allegations (see December 29, 2002), claiming that the Washington Post article was “false on several points, the first being that there is no CIA detention facility on Bagram.” He says, “The accusation of inhumane treatment is something that I can clearly refute. The things that they talked about, the inhumane conditions… are things that do not go on here.” [Agence France-Presse, 12/29/2002]

Entity Tags: Stephen Clutter

Timeline Tags: Torture of US Captives

Human Rights Watch writes to President Bush about the allegations of torture reported in the Washington Post (see December 26, 2002), asking that the allegations be investigated immediately. [Human Rights Watch, 12/26/2002; BBC, 12/26/2002; CBC News, 12/27/2002; Washington Post, 12/28/2002; Human Rights Watch, 5/7/2004] White House spokesman Scott McClellan denies that US interrogation practices violate international law and indicates no interest on the part of the administration to investigate the allegations. “We are not aware we have received the letter.… [W]e believe we are in full compliance with domestic and international law, including domestic and international law dealing with torture.” He adds that combatants detained by the US are always treated “humanely, in a manner consistent with the third Geneva Convention.” [Washington Post, 12/28/2002]

Entity Tags: Human Rights Watch, Scott McClellan, George W. Bush

Timeline Tags: Torture of US Captives

The US military responds to recent media stories about the torture and abuse of suspected al-Qaeda detainees in Afghanistan by denying that any such treatment takes place. Recent articles in the Washington Post have claimed that detainees held at Bagram Air Force Base were subjected to “stress and duress” techniques (see December 26, 2002). These techniques include “stress positions,” where detainees are shackled or strapped into painful positions and kept there for hours, and sleep deprivation. US military spokesman Major Steve Clutter denies the allegations. “The article was false on several points, the first being that there is no CIA detention facility on Bagram; there is a facility run by the US Army,” he says (see October 2001). “However, there is absolutely no evidence to suggest that persons under control of the US Army have been mistreated. The United States Army is treating enemy combatants under government control, humanely, and in conditions that are generally better than they were experiencing before we placed them under our control” (see December 2001 and After, Late 2002, January 2002, March 15, 2002, April-May 2002, April-May 2002, Late May 2002, June 4, 2002-early August 2002, June 5, 2002, July 2002, August 22, 2002, November 30-December 3, 2002, Late 2002-February 2004, Late 2002 - March 15, 2004, December 2002, December 2002, December 1, 2002, December 5-9, 2002, December 8, 2002-March 2003, and December 10, 2002). Clutter also denies that detainees have been subjected to “rendition”—being turned over to foreign governments who routinely torture prisoners. Instead, he says, most prisoners held at Bagram were released after being interrogated in a process overseen by the International Committee of the Red Cross. “I would like to point out that persons under US government control who come to Bagram are not automatically deemed to be terrorists or enemy combatants,” Clutter says. “When they arrive, they go through an interview process to determine whether they are enemy combatants or have information that can help us prevent terrorist attacks against Americans or attacks against US forces. If they are deemed to be enemy combatants or pose a danger, they become detainees. If they are not, they are ultimately released.” [Agence France-Presse, 12/29/2002]

Entity Tags: US Department of the Army, Central Intelligence Agency, International Committee of the Red Cross, Stephen Clutter, US Department of Defense

Timeline Tags: Torture of US Captives

Alberto Mora, the Navy’s general counsel, learns to his dismay that the torturing and abuse of prisoners at Guantanamo Bay is continuing (see December 17-18, 2002), even after a meeting with the Pentagon’s chief counsel, William J. Haynes. Mora had hoped that Haynes would put a stop to the extreme techniques being used (see December 20, 2002). Mora has read an article in the Washington Post detailing allegations of CIA mistreatment of prisoners at Bagram Air Force Base in Afghanistan; the story notes that the director of Human Rights Watch, Kenneth Roth, believes that US officials who knew about such treatment could be charged with crimes under the doctrine of command responsibility. [Washington Post, 12/26/2002; New Yorker, 2/27/2006] The specific allegations detailed in the story closely parallel what Mora knows were authorized at Guantanamo Bay. Mora continues to argue against the intense interrogation techniques, and his arguments quickly reach the ears of top Pentagon officials such as Deputy Defense Secretary Paul Wolfowitz; Captain Jane Dalton, the legal adviser to the Joint Chiefs of Staff; Pentagon spokeswoman Victoria Clarke; and Defense Secretary Donald Rumsfeld, who had authorized harsh interrogation techniques at Guantanamo a month before (see December 2, 2002). [New Yorker, 2/27/2006]

Entity Tags: Victoria (“Torie”) Clarke, Kenneth Roth, Alberto Mora, Paul Wolfowitz, Central Intelligence Agency, Jane Dalton, Donald Rumsfeld, William J. Haynes

Timeline Tags: Torture of US Captives, Civil Liberties

The CIA’s Office of Inspector General begins an investigation of the agency’s torture and interrogation practices. The investigation is spurred by three stimuli: notification of a controversial incident in November 2002 (see Shortly After November 20, 2002); concerns over the interrogation of high-value detainee Abd al-Rahim al-Nashiri (see January 2003); and other concerns about human rights abuses at a black site (see (January 2003)). The investigation will cover the period between September 2001 and mid-October 2003. [Central Intelligence Agency, 5/7/2004, pp. 2 pdf file] The inspector general, John Helgerson, will issue his office’s final, classified report on the investigation in May 2004 (see May 7, 2004).

Entity Tags: John Helgerson, Office of the Inspector General (CIA), Central Intelligence Agency

Timeline Tags: Torture of US Captives

Alberto Mora, the Navy’s general counsel, meets for a second time with Pentagon general counsel William J. Haynes, who he had tried unsuccessfully to convince to join him in opposing the use of extreme interrogation methods at Guantanamo (see December 20, 2002). Mora will write in a June 2004 memo (see July 7, 2004) that when he tells Haynes how disappointed he is that nothing has been done to stop abuse at Guantanamo, Haynes retorts that “US officials believed the techniques were necessary to obtain information,” and that the interrogations might prevent future attacks against the US and save American lives. Mora acknowledges that he can imagine any number of “ticking bomb” scenarios where it might be the proper, if not the legal, thing to torture suspects. But, he asks, how many lives must be saved to justify torture? Hundreds? Thousands? Where do we draw the line? Shouldn’t there be a public debate on the issue? Mora is doubtful that anyone at Guantanamo would be involved in such a scenario, since almost all of the Guantanamo detainees have been in custody for over a year. He also warns Haynes that the legal opinions the administration is using will probably not stand up in court. If that is the case, then US officials could face criminal charges. Secretary of Defense Donald Rumsfeld could find himself in court; the presidency itself could be damaged. “Protect your client!” he says. When Haynes relates Mora’s concerns to Rumsfeld, according to a former administration official, Rumsfeld responds with jokes about how gentle the interrogation techniques are. “Torture?” he asks rhetorically. “That’s not torture!” He himself stands for up to ten hours a day, he says, and prisoners are not allowed to stand for over four. The official will recall, “His attitude was, ‘What’s the big deal?’” Mora continues to push his arguments, but, as a former Pentagon colleague will recall: “people were beginning to roll their eyes. It was like, ‘Yeah, we’ve already heard this.’” [New Yorker, 2/27/2006]

Entity Tags: William J. Haynes, Alberto Mora, US Department of Defense, Donald Rumsfeld

Timeline Tags: Torture of US Captives, Civil Liberties

FBI Director Robert Mueller personally awards Marion (Spike) Bowman with a presidential citation and cash bonus of approximately 25 percent of his salary. [Salon, 3/3/2003] Bowman, head of the FBI’s national security law unit and the person who refused to seek a special warrant for a search of Zacarias Moussaoui’s belongings before the 9/11 attacks (see August 28, 2001), is among nine recipients of bureau awards for “exceptional performance.” The award comes shortly after a 9/11 Congressional Inquiry report saying Bowman’s unit gave Minneapolis FBI agents “inexcusably confused and inaccurate information” that was “patently false.” [Star-Tribune (Minneapolis), 12/22/2002] Bowman’s unit was also involved in the failure to locate 9/11 hijackers Khalid Almihdhar and Nawaf Alhazmi after their names were put on a watch list (see August 28-29, 2001). In early 2000, the FBI acknowledged serious blunders in surveillance Bowman’s unit conducted during sensitive terrorism and espionage investigations, including agents who illegally videotaped suspects, intercepted e-mails without court permission, and recorded the wrong phone conversations. [Associated Press, 1/10/2003] As Senator Charles Grassley (R-IA) and others have pointed out, not only has no one in government been fired or punished for 9/11, but several others have been promoted: [Salon, 3/3/2003]
bullet Richard Blee, chief of Alec Station, the CIA’s bin Laden unit, was made chief of the CIA’s new Kabul station in December 2001 (see December 9, 2001), where he aggressively expanded the CIA’s extraordinary rendition program (see Shortly After December 19, 2001). Blee was the government’s main briefer on al-Qaeda threats in the summer of 2001, but failed to mention that one of the 9/11 hijackers was in the US (see August 22-September 10, 2001).
bullet In addition to Blee, the CIA also promoted his former director for operations at Alec Station, a woman who took the unit’s number two position. This was despite the fact that the unit failed to put the two suspected terrorists on the watch list (see August 23, 2001). “The leaders were promoted even though some people in the intelligence community and in Congress say the counterterrorism unit they ran bore some responsibility for waiting until August 2001 to put the suspect pair on the interagency watch list.” CIA Director George Tenet has failed to fulfill a promise given to Congress in late 2002 that he would name the CIA officials responsible for 9/11 failures. [New York Times, 5/15/2003]
bullet Pasquale D’Amuro, the FBI’s counterterrorism chief in New York City before 9/11, was promoted to the bureau’s top counterterrorism post. [Time, 12/30/2002]
bullet FBI Supervisory Special Agent Michael Maltbie, who removed information from the Minnesota FBI’s application to get the search warrant for Moussaoui, was promoted to field supervisor and goes on to head the Joint Terrorism Task Force at the FBI’s Cleveland office. [Salon, 3/3/2003; Newsday, 3/21/2006]
bullet David Frasca, head of the FBI’s Radical Fundamentalist Unit, is “still at headquarters,” Grassley notes. [Salon, 3/3/2003] The Phoenix memo, which was addressed to Frasca, was received by his unit and warned that al-Qaeda terrorists could be using flight schools inside the US (see July 10, 2001 and July 27, 2001 and after). Two weeks later Zacarias Moussaoui was arrested while training to fly a 747, but Frasca’s unit was unhelpful when local FBI agents wanted to search his belongings—a step that could have prevented 9/11 (see August 16, 2001 and August 20-September 11, 2001). “The Phoenix memo was buried; the Moussaoui warrant request was denied.” [Time, 5/27/2002] Even after 9/11, Frasca continued to “[throw] up roadblocks” in the Moussaoui case. [New York Times, 5/27/2002]
bullet Dina Corsi, an intelligence operations specialist in the FBI’s bin Laden unit in the run-up to 9/11, later became a supervisory intelligence analyst. [US Department of Justice, 11/2004, pp. 279-280 pdf file; CNN, 7/22/2005] Corsi repeatedly hampered the investigation of Almihdhar and Alhazmi in the summer of 2001 (see June 11, 2001, June 12-September 11, 2001, Before August 22, 2001, August 27-28, 2001, August 28, 2001, August 28-29, 2001, and (September 5, 2001)).
bullet President Bush later names Barbara Bodine the director of Central Iraq shortly after the US conquest of Iraq. Many in government are upset about the appointment because of her blocking of the USS Cole investigation, which some say could have uncovered the 9/11 plot (see October 14-Late November, 2000). She did not apologize or admit she was wrong. [Washington Times, 4/10/2003] However, she is fired after about a month, apparently for doing a poor job.
bullet An FBI official who tolerates penetration of the translation department by Turkish spies and encourages slow translations just after 9/11 was promoted (see March 22, 2002). [CBS News, 10/25/2002]

Entity Tags: Barbara Bodine, George W. Bush, Charles Grassley, David Frasca, Central Intelligence Agency, Khalid Almihdhar, Michael Maltbie, Dina Corsi, Marion (“Spike”) Bowman, Robert S. Mueller III, Pasquale D’Amuro, Federal Bureau of Investigation, Richard Blee

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

A Special Mission Unit (SMU) Task Force lawyer in Afghanistan (see Early 2002) writes in a classified legal review that Defense Secretary Donald Rumsfeld’s authorization of harsh interrogation methods (see December 2, 2002) “provides us the most persuasive argument for use of ‘advanced techniques’ as we capture possible [high value targets]… the fact that SECDEF [Rumsfeld] approved the use of the… techniques at GTMO [Guantanamo], [which is] subject to the same laws, provides an analogy and basis for use of these techniques [in accordance with] international and US law.” [Huffington Post, 4/21/2009]

Entity Tags: Donald Rumsfeld

Timeline Tags: Torture of US Captives

Pentagon General Counsel William J. Haynes reportedly meets with Defense Secretary Donald Rumsfeld to discuss concerns over the use of interrogation techniques at Guantanamo that were approved by Rumsfeld in December (see December 2, 2002). Rumsfeld, according to Dell’Orto, calls Gen. James T. Hill and suspends the use of the category two and the single category three technique. [Washington File, 6/23/2004]

Entity Tags: William J. Haynes, Donald Rumsfeld, James T. Hill, Daniel J. Dell’Orto

Timeline Tags: Torture of US Captives

In a memo to General Counsel William J. Haynes, Defense Secretary Donald Rumsfeld, without an explanation, rescinds his authorization for the majority of the interrogation methods he approved in December (see December 2, 2002). The remaining methods can only be used with his express approval and on an individual basis. [New York Times, 8/25/2004] He also forms a panel of top Defense Department officials, known as the General Counsel Interrogation Working Group, “to assess the legal, policy, and operational issues relating to the interrogations of detainees held by the US Armed Forces in the war on terrorism.” This should ultimately result in the development of proper interrogation techniques. [MSNBC, 6/23/2004] The working group will consist of people working in the offices of Haynes, Douglas Feith, the military departments, and the Joint Staff. Haynes will be the panel’s chairman. [US Department of Defense, 8/23/2004 pdf file]

Entity Tags: Donald Rumsfeld, Douglas Feith, William J. Haynes

Timeline Tags: Torture of US Captives

Carolyn Wood.Carolyn Wood. [Source: CBC]On January 22, 2003, Capt. Carolyn A. Wood receives a Bronze Star for “exceptional meritorious service” as the head of military intelligence interrogators at Bagram. She and her small platoon of 15 interrogators from the 519th Military Intelligence Battalion returned from Afghanistan to their base at Fort Bragg, North Carolina earlier in the month. On May 8, 2003, Wood receives her second Bronze Star. [Knight Ridder, 8/21/2004] Wood was previously in charge of the US air base at Bagram, where detainees have alleged torture and where at least two detainees died as a result of physical abuse (see November 30-December 3, 2002) (see December 26, 2002) (see December 5-9, 2002). Wood and her battalion will be redeployed to Iraq and handle interrogations at the Abu Ghraib prison while abuses go on there (see July 15, 2003). She will implement nearly the same interrogation rules used in Bagram (see July 15, 2003).

Entity Tags: Carolyn A. Wood

Timeline Tags: Torture of US Captives, War in Afghanistan

The Navy’s general counsel, Alberto Mora, is shocked when he reads a legal opinion drafted by John Yoo, of the Justice Department’s Office of Legal Counsel, about techniques that can be used in prisoner interrogations (see January 9, 2002). Mora has been fighting the use of questionable techniques and was part of a working group that was reviewing them (see January 15-22, 2003). The opinion was sought by Pentagon general counsel William J. Haynes and not only counters every legal and moral argument Mora has brought to bear, but supersedes the working group. Only one copy of the opinion exists, kept in the office of the Air Force’s general counsel, Mary Walker, the head of the working group.
'Catastrophically Poor Legal Reasoning' - Mora reads it in Walker’s office with mounting horror. The opinion says nothing about prohibiting cruel, degrading, and inhuman treatment of detainees; in fact, it defends such tactics. While sophisticated, it displays “catastrophically poor legal reasoning,” he will later recall. Mora believes that it approaches the level of the notorious Supreme Court decision in Korematsu v. United States, the 1944 decision that upheld the government’s detention of innocent Japanese-Americans during World War II. Mora is not aware that Yoo, like Haynes, is a member of an informal but extremely powerful “inner circle” dominated by David Addington, the chief of staff for Vice President Cheney. In fact, Yoo and Haynes are regular racquetball partners. Like Addington and Cheney, Yoo believes in virtually unrestricted executive powers during a time of war. Yoo wrote that almost any interrogation methods used against terror suspects is legally permissible, an argument that shocks Mora.
Mora's Response - In his June 2004 memo on the subject (see July 7, 2004), Mora will write, “The memo espoused an extreme and virtually unlimited theory of the extent of the President’s Commander-in-Chief authority.” Yoo’s reasoning is “profoundly in error,” Mora concludes, and is “clearly at variance with applicable law.” In 2006, Mora will add, “If everything is permissible, and almost nothing is prohibited, it makes a mockery of the law.” He writes to Walker shortly thereafter, saying that not only is Yoo’s opinion “fundamentally in error” but “dangerous,” because it has the weight of law and can only be reversed by the Attorney General or the President. Walker writes back that she disagrees, and she believes Haynes does as well. Two weeks later, Mora will discuss the memo with Yoo (see February 6, 2003). [New Yorker, 2/27/2006]

Entity Tags: William J. Haynes, David S. Addington, Alberto Mora, John C. Yoo, Mary L. Walker, Office of Legal Counsel (DOJ), Richard (“Dick”) Cheney, US Department of Defense, US Department of Justice

Timeline Tags: Torture of US Captives, Civil Liberties

The US military command in Afghanistan, Combined Joint Task Force (CJTF) 180, issues a memo on interrogation techniques, which includes nudity on the list of effective interrogation methods, despite this tactic being presumably barred by Defense Secretary Rumsfeld on January 15 (see January 15, 2003) for use at Guantanamo and in Afghanistan. According to Maj. Gen. George R. Fay, who will write a detailed report on detention operations (see August 25, 2004), the document “highlighted that deprivation of clothing had not historically been included in battlefield interrogations.” However he will add, “It went on to recommend clothing removal as an effective technique that could potentially raise objections as being degrading or inhumane, but for which no specific written legal prohibition existed.” [US Department of Defense, 8/23/2004 pdf file] The document also speaks of exploiting the Arab fear of dogs. [US Department of Defense, 8/23/2004 pdf file] Rumsfeld also banned the use of dogs for interrogation purposes in his January 15 order (see January 15, 2003).

Entity Tags: Donald Rumsfeld, George R. Fay

Timeline Tags: Torture of US Captives, War in Afghanistan

Lt. Gen. Daniel McNeill, the commander of US forces in Afghanistan (Commander of Joint Task Force 180), announces an investigation into the deaths of Bagram prisoners Dilawar (see December 10, 2002) and Mullah Habibullah (see November 30-December 3, 2002). Nevertheless, he claims both prisoners died of natural causes. Dilawar, according to McNeill had an advanced heart condition with his coronary arteries 85 percent blocked. “We haven’t found anything that requires us to take extraordinary action,” McNeill says. “We are going to let this investigation run its course.” But military pathologists have already determined both deaths were caused by beatings. Dilawar’s death certificate, signed by Maj. Elizabeth A. Rouse, a pathologist with the Armed Forces Institute of Pathology in Washington, stated that Dilawar’s cause of death was “blunt-force injuries to lower extremities complicating coronary artery disease.” [Guardian, 6/23/2004] When McNeill is asked whether the dead prisoners suffered injuries during detention, he denies this. “Presently, I have no indication of that,” he says. Later, McNeill claims that the prisoners had already suffered injuries before arriving at Bagram. When asked about the use of chains, he replies: “We are not chaining people to the ceilings. I think you asked me that question before.” [New York Times, 9/17/2004]

Entity Tags: Elizabeth A. Rouse, Dilawar, Daniel K. McNeill

Timeline Tags: Torture of US Captives, War in Afghanistan

Jay Bybee, the head of the Office of Legal Counsel (OLC) and the signatory on a number of memos authorizing torture and expanded presidential powers (see March 13, 2002 and August 1, 2002), is confirmed by the Senate to become a federal appeals court judge. The Senate Judiciary Committee scheduled Bybee’s confirmation hearing for the same day that Secretary of State Colin Powell was slated to give his presentation to the UN on Iraq’s weapons of mass destruction (see February 5, 2003); most of the committee’s Democrats choose to watch Powell’s presentation, thus only friendly Republican Senators are in the hearing. Bybee is confirmed easily. [Savage, 2007, pp. 182]

Entity Tags: Senate Judiciary Committee, Jay S. Bybee, Colin Powell, Office of Legal Counsel (DOJ)

Timeline Tags: Civil Liberties

Colin Powell and George Tenet, at the UN presentation.Colin Powell and George Tenet, at the UN presentation. [Source: CBS News]US Secretary of State Colin Powell presents the Bush administration’s case against Saddam to the UN Security Council, in advance of an expected vote on a second resolution that the US and Britain hope will provide the justification to use military force against Iraq. [US Department of State, 2/5/2003] At the insistence of Powell, CIA Director George Tenet is seated directly behind him to the right. “It was theater, a device to signal to the world that Powell was relying on the CIA to make his case that Iraq had weapons of mass destruction,” Vanity Fair magazine will later explain. [Bamford, 2004, pp. 371-2; Vanity Fair, 5/2004, pp. 232] In his speech before the Council, Powell makes the case that Iraq is in further material breach of past UN resolutions, specifically the most recent one, UN Resolution 1441 (see November 8, 2002). Sources cited in Powell’s presentation include defectors, informants, communication intercepts, procurement records, photographs, and detainees. [US Department of State, 2/5/2003] Most of the allegations made by Powell are later demonstrated to be false. “The defectors and other sources went unidentified,” the Associated Press will later report. “The audiotapes were uncorroborated, as were the photo interpretations. No other supporting documents were presented. Little was independently verifiable.” [Associated Press, 8/9/2003]
Iraq's December 7 Declaration Was Inaccurate - Powell contends that Iraq’s December 7 declaration was not complete. According to UN Resolution 1441 the document was supposed to be a “currently accurate, full and complete declaration of all aspects” of its programs to develop weapons of mass destruction. But Saddam has not done this, says Powell, who explains that Iraq has yet to provide sufficient evidence that it destroyed its previously declared stock of 8,500 liters of anthrax, as it claimed in the declaration. Furthermore, notes the secretary of state, UNSCOM inspectors had previously estimated that Iraq possessed the raw materials to produce as much as 25,000 liters of the virus. [New York Times, 2/5/2003; US Department of State, 2/5/2003; Washington Post, 2/6/2003]
Iraq Has Ties to Al-Qaeda - Powell repeats earlier claims that Saddam Hussein’s government has ties to al-Qaeda. Powell focuses on the cases of the militant Islamic group Ansar-al-Islam and Abu Musab Zarqawi, a Jordanian-born Palestinian, who had received medical treatment in Baghdad during the summer of 2002 (see December 2001-Mid-2002). [US Department of State, 2/5/2003] However, just days before Powell’s speech, US and British intelligence officials—speaking on condition of anonymity—told the press that the administration’s allegations of Iraqi-al-Qaeda ties were based on information provided by Kurdish groups, who, as enemies of Ansar-al-Islam, should not be considered reliable. Furthermore, these sources unequivocally stated that intelligence analysts on both sides of the Atlantic remained unconvinced of the purported links between Iraq and al-Qaeda (see February 3-4, 2003). [Independent, 2/3/2003; Daily Telegraph, 2/4/2003] Powell also claims that Iraq provided “chemical or biological weapons training for two al-Qaeda associates beginning in December 2000.” The claim is based on a September 2002 CIA document which had warned that its sources were of “varying reliability” and that the claim was not substantiated (see September 2002). The report’s main source, Ibn al-Shaykh al-Libi, an al-Qaeda operative who offered the information to CIA interrogators while in custody, later recounts the claim (see February 14, 2004). [CNN, 9/26/2002; New York Times, 7/31/2004; Newsweek, 7/5/2005] Larry Wilkerson, Powell’s chief of staff, will later say that neither he nor Powell ever received “any dissent with respect to those lines… indeed the entire section that now we know came from [al-Libi].” [Newsweek, 11/10/2005] Senior US officials will admit to the New York Times and Washington Post after the presentation that the administration was not claiming that Saddam Hussein is “exercising operational control” of al-Qaeda. [New York Times, 2/6/2003; Washington Post, 2/7/2003]
Iraq Has Missiles Capable of Flying Up to 1,200 Kilometers - Describing a photo of the al-Rafah weapons site, Powell says: “As part of this effort, another little piece of evidence, Iraq has built an engine test stand that is larger than anything it has ever had. Notice the dramatic difference in size between the test stand on the left, the old one, and the new one on the right. Note the large exhaust vent. This is where the flame from the engine comes out. The exhaust vent on the right test stand is five times longer than the one on the left. The one of the left is used for short-range missiles. The one on the right is clearly intended for long-range missiles that can fly 1,200 kilometers. This photograph was taken in April of 2002. Since then, the test stand has been finished and a roof has been put over it so it will be harder for satellites to see what’s going on underneath the test stand.” [US Department of State, 2/5/2003; New York Times, 2/5/2003] But according to the Associated Press, “… UN missile experts have reported inspecting al-Rafah at least five times since inspections resumed Nov. 27, have studied the specifications of the new test stand, regularly monitor tests at the installation, and thus far have reported no concerns.” [Associated Press, 2/7/2003] Similarly, Reuters quotes Ali Jassem, an Iraqi official, who explains that the large stand referred to in Powell’s speech is not yet in operation and that its larger size is due to the fact that it will be testing engines horizontally. [Reuters, 2/7/2003; Guardian, 2/15/2003] Several days later, Blix will report to the UN that “so far, the test stand has not been associated with a proscribed activity.” [Guardian, 2/15/2003]
Iraqis Attempted to Hide Evidence from Inspectors - Powell shows the UN Security Council satellite shots depicting what he claims are chemical weapons bunkers and convoys of Iraqi cargo trucks preparing to transport ballistic missile components from a weapons site just two days before the arrival of inspectors. “We saw this kind of housecleaning at close to 30 sites,” Powell explains. “We must ask ourselves: Why would Iraq suddenly move equipment of this nature before inspections if they were anxious to demonstrate what they had or did not have?” [US Department of State, 2/5/2003] But the photos are interpreted differently by others. An unnamed UN official and German UN Inspector Peter Franck both say the trucks in the photos are actually fire engines. [Mercury News (San Jose), 3/18/2003; Agence France-Presse, 6/6/2003]
'Literally Removed the Crust of the Earth' - Another series of photos—taken during the spring and summer of 2002—show that Iraqis have removed a layer of topsoil from the al-Musayyib chemical complex. This piece of evidence, combined with information provided by an unnamed source, leads Powell to draw the following conclusion: “The Iraqis literally removed the crust of the earth from large portions of this site in order to conceal chemical weapons evidence that would be there from years of chemical weapons activity.” [US Department of State, 2/5/2003; Washington Post, 2/6/2003] Showing another series of pictures—one taken on November 10 (before inspections) and one taken on December 22—Powell says that a guard station and decontamination truck were removed prior to the arrival of inspectors. Powell does not explain how he knows that the truck in the photograph was a decontamination truck. [US Department of State, 2/5/2003; Washington Post, 2/6/2003; Washington Post, 2/6/2003] AP reporter Charles Hanley says that some of Powell’s claims that Iraq is hiding evidence are “ridiculous.” Powell says of a missile site, “This photograph was taken in April of 2002. Since then, the test stand has been finished and a roof has been put over it so it will be harder for satellites to see what’s going on underneath the test stand.” Hanley later says, “What he neglected to mention was that the inspectors were underneath, watching what was going on.” [PBS, 4/25/2007]
Communication Intercepts Demonstrate Iraqi Attempts to Conceal Information from Inspectors - Powell plays recordings of three conversations intercepted by US intelligence—one on November 26, another on January 30, and a third, a “few weeks” before. The conversations suggest that the Iraqis were attempting to hide evidence from inspectors. [New York Times, 2/5/2003; US Department of State, 2/5/2003; London Times, 2/6/2003; Sydney Morning Herald, 2/7/2003] Senior administration officials concede to the Washington Post that it was not known “what military items were discussed in the intercepts.” [Washington Post, 2/13/2003] Some critics argue that the intercepts were presented out of context and open to interpretation. [Sydney Morning Herald, 2/7/2003; Sydney Morning Herald, 2/9/2003] Others note that the conversations were translated from Arabic by US translators and were not analyzed or verified by an independent specialist. [Newsday, 2/6/2003]
Biological Weapons Factories - Colin Powell says that US intelligence has “firsthand descriptions” that Iraq has 18 mobile biological weapons factories mounted on trucks and railroad cars. Information about the mobile weapons labs are based on the testimonies of four sources—a defected Iraqi chemical engineer who claims to have supervised one of these facilities, an Iraqi civil engineer (see December 20, 2001), a source in “a position to know,” and a defected Iraqi major (see February 11, 2002). Powell says that the mobile units are capable of producing enough dry biological agent in a single month to kill several thousand people. He shows computer-generated diagrams and pictures based on the sources’ descriptions of the facilities. Powell says that according to the chemical engineer, during the late 1990s, Iraq’s biological weapons scientists would often begin the production of pathogens on Thursday nights and complete the process on Fridays in order to evade UNSCOM inspectors whom Iraq believed would not conduct inspections on the Muslim holy day. [New York Times, 2/5/2003; US Department of State, 2/5/2003; Washington Post, 2/6/2003; Reuters, 2/11/2003] Powell tells the delegates, “The source was an eyewitness, an Iraqi chemical engineer, who supervised one of these facilities. He actually was present during biological agent production runs. He was also at the site when an accident occurred in 1998. Twelve technicians died from exposure to biological agents.” He displays models of the mobile trucks drawn from the source’s statements. [CBS News, 11/4/2007] Responding to the allegation, Iraqi officials will concede that they do in fact have mobile labs, but insist that they are not used for the development of weapons. According to the Iraqis, the mobile labs are used for food analysis for disease outbreaks, mobile field hospitals, a military field bakery, food and medicine refrigeration trucks, a mobile military morgue and mobile ice making trucks. [Guardian, 2/5/2003; ABC News, 5/21/2003] Iraq’s explanation is consistent with earlier assessments of the UN weapons inspectors. Before Powell’s presentation, Hans Blix had dismissed suggestions that the Iraqis were using mobile biological weapons labs, reporting that inspections of two alleged mobile labs had turned up nothing. “Two food-testing trucks have been inspected and nothing has been found,” Blix said. And Ewen Buchanan, spokesman for the UN Monitoring, Verification and Inspection Commission, said, “The outline and characteristics of these trucks that we inspected were all consistent with the declared purposes.” [Guardian, 2/5/2003; ABC News, 5/21/2003]
'Curveball' Primary Source of Claims - Powell’s case is further damaged when it is later learned that one of the sources Powell cited, the Iraqi major, had been earlier judged unreliable by intelligence agents at the Defense Intelligence Agency (see February 11, 2002). In May 2002, the analysts had issued a “fabricator notice” on the informant, noting that he had been “coached by [the] Iraqi National Congress” (INC) (see May 2002). But the main source for the claim had been an Iraqi defector known as “Curveball,” who was initially believed to be the brother of a top aide to Ahmed Chalabi. The source claimed to be a chemical engineer who had helped design and build the mobile labs. His information was passed to Washington through Germany’s intelligence service, the Bundesnachrichtendienst (BND), which had been introduced to the source by the INC. In passing along the information, the BND noted that there were “various problems with the source.” And only one member of the US intelligence community had actually met with the person—an unnamed Pentagon analyst who determined the man was an alcoholic and of dubious reliability. Yet both the DIA and the CIA validated the information. [Veteran Intelligence Professionals for Sanity, 8/22/2003; Los Angeles Times, 3/28/2004; Knight Ridder, 4/4/2004; Newsweek, 4/19/2004; Newsweek, 7/19/2004] Powell says that the US has three other intelligence sources besides Curveball for the mobile bioweapons labs. Powell will be infuriated to learn that none of those three sources ever corroborated Curveball’s story, and sometimes their information contradicted each other. One of the three had failed a polygraph test and was determined to have lied to his debriefers. Another had already been declared a fabricator by US intelligence community, and had been proven to have mined his information off the Internet. [Buzzflash (.com), 11/27/2007] In November 2007, Curveball is identified as Rafid Ahmed Alwan. Serious questions about Curveball’s veracity had already been raised by the time of Powell’s UN presentation. He will later be completely discredited (see November 4, 2007).
Further Problems with Mobile Lab Claims - In addition to the inspectors’ assessments and the dubious nature of the sources Powell cited, there are numerous other problems with the mobile factories claim. Raymond Zilinskas, a microbiologist and former UN weapons inspector, argues that significant amounts of pathogens such as anthrax, could not be produced in the short span of time suggested in Powell’s speech. “You normally would require 36 to 48 hours just to do the fermentation…. The short processing time seems suspicious to me.” He also says: “The only reason you would have mobile labs is to avoid inspectors, because everything about them is difficult. We know it is possible to build them—the United States developed mobile production plants, including one designed for an airplane—but it’s a big hassle. That’s why this strikes me as a bit far-fetched.” [Washington Post, 2/6/2003] After Powell’s speech, Blix will say in his March 7 report to the UN that his inspectors found no evidence of mobile weapons labs (see March 7, 2003). [CNN, 3/7/2003; Agence France-Presse, 3/7/2003; CNN, 3/7/2003] Reporter Bob Drogin, author of Curveball: Spies, Lies and the Con Man Who Caused a War, says in 2007, “[B]y the time Colin Powell goes to the UN to make the case for war, he shows the world artists’ conjectures based on analysts’ interpretations and extrapolations of Arabic-to-German-to-English translations of summary debriefing reports of interviews with a manic-depressive defector whom the Americans had never met. [CIA director George] Tenet told Powell that Curveball’s information was ironclad and unassailable. It was a travesty.” [Alternet, 10/22/2007]
'Four Tons' of VX Toxin - Powell also claims that Iraq has “four tons” of VX nerve toxin. “A single drop of VX on the skin will kill in minutes,” he says. “Four tons.” Hanley later notes, “He didn’t point out that most of that had already been destroyed. And, on point after point he failed to point out that these facilities about which he was raising such alarm were under repeated inspections good, expert people with very good equipment, and who were leaving behind cameras and other monitoring equipment to keep us a continuing eye on it.” [PBS, 4/25/2007]
Iraq is Developing Unmanned Drones Capable of Delivering Weapons of Mass Destruction - Powell asserts that Iraq has flight-tested an unmanned drone capable of flying up to 310 miles and is working on a liquid-fueled ballistic missile with a range of 745 miles. He plays a video of an Iraqi F-1 Mirage jet dispersing “simulated anthrax.” [US Department of State, 2/5/2003; New York Times, 2/5/2003; Washington Post, 2/6/2003] But the Associated Press will later report that the video was made prior to the 1991 Gulf War. Apparently, three of the four spray tanks shown in the film had been destroyed during the 1991 military intervention. [Associated Press, 8/9/2003]
Imported Aluminum Tubes were Meant for Centrifuge - Powell argues that the aluminum tubes which Iraq had attempted to import in July 2001 (see July 2001) were meant to be used in a nuclear weapons program and not for artillery rockets as experts from the US Energy Department, the INR, and the IAEA have been arguing (see February 3, 2003) (see January 11, 2003) (see August 17, 2001) (see January 27, 2003). To support the administration’s case, he cites unusually precise specifications and high tolerances for heat and stress. “It strikes me as quite odd that these tubes are manufactured to a tolerance that far exceeds US requirements for comparable rockets,” he says. “Maybe Iraqis just manufacture their conventional weapons to a higher standard than we do, but I don’t think so.” Powell also suggests that because the tubes were “anodized,” it was unlikely that they had been designed for conventional use. [US Department of State, 2/5/2003; Washington Post, 2/5/2003; Washington Post, 3/8/2003] Powell does not mention that numerous US nuclear scientists have dismissed this claim (see August 17, 2001) (see September 23, 2002) (see December 2002). [Albright, 10/9/2003] Powell also fails to say that Iraq has rockets identical to the Italian Medusa 81 mm rockets, which are of the same dimensions and made of the same alloy as the 3,000 tubes that were intercepted in July 2001 (see After January 22, 2003). [Washington Post, 8/10/2003] This had been reported just two weeks earlier by the Washington Post. [Washington Post, 1/24/2003] Moreover, just two days before, Powell was explicitly warned by the US State Department’s Bureau of Intelligence and Research not to cite the aluminum tubes as evidence that Iraq is pursuing nuclear weapons (see February 3, 2003). [Financial Times, 7/29/2003]
Iraq Attempted to Acquire Magnets for Use in a Gas Centrifuge Program - Powell says: “We… have intelligence from multiple sources that Iraq is attempting to acquire magnets and high-speed balancing machines. Both items can be used in a gas centrifuge program to enrich uranium. In 1999 and 2000, Iraqi officials negotiated with firms in Romania, India, Russia and Slovenia for the purchase of a magnet production plant. Iraq wanted the plant to produce magnets weighing 20 to 30 grams. That’s the same weight as the magnets used in Iraq’s gas centrifuge program before the Gulf War.” [US Department of State, 2/5/2003; New York Times, 2/6/2003] Investigation by the UN’s International Atomic Energy Agency [IAEA] will demonstrate that the magnets have a dual use. IAEA Director Mohamed ElBaradei said a little more than a week before, on January 27, in his report to the Security Council: “Iraq presented detailed information on a project to construct a facility to produce magnets for the Iraqi missile program, as well as for industrial applications, and that Iraq had prepared a solicitation of offers, but that the project had been delayed due to ‘financial credit arrangements.’ Preliminary investigations indicate that the specifications contained in the offer solicitation are consistent with those required for the declared intended uses. However, the IAEA will continue to investigate the matter….” (see January 27, 2003) [Annan, 1/27/2003 pdf file] On March 7, ElBaradei will provide an additional update: “The IAEA has verified that previously acquired magnets have been used for missile guidance systems, industrial machinery, electricity meters and field telephones. Through visits to research and production sites, reviews of engineering drawings and analyses of sample magnets, IAEA experts familiar with the use of such magnets in centrifuge enrichment have verified that none of the magnets that Iraq has declared could be used directly for a centrifuge magnetic bearing.” (see March 7, 2003) [CNN, 3/7/2003]
Iraq Attempted to Purchase Machines to Balance Centrifuge Rotors - Powell states: “Intercepted communications from mid-2000 through last summer show that Iraq front companies sought to buy machines that can be used to balance gas centrifuge rotors. One of these companies also had been involved in a failed effort in 2001 to smuggle aluminum tubes into Iraq.” [US Department of State, 2/5/2003; New York Times, 2/6/2003]
Powell Cites Documents Removed from Home of Iraqi Scientist Faleh Hassan - Powell cites the documents that had been found on January 16, 2003 by inspectors with the help of US intelligence at the Baghdad home of Faleh Hassan, a nuclear scientist. Powell asserts that the papers are a “dramatic confirmation” that Saddam Hussein is concealing evidence and not cooperating with the inspections. The 3,000 documents contained information relating to the laser enrichment of uranium (see January 16, 2003). [Daily Telegraph, 1/18/2003; Associated Press, 1/18/2003; BBC, 1/19/2003; US Department of State, 2/5/2003] A little more than a week later, in the inspectors’ February 14 update to the UN Security Council (see February 14, 2003), ElBaradei will say, “While the documents have provided some additional details about Iraq’s laser enrichment development efforts, they refer to activities or sites already known to the IAEA and appear to be the personal files of the scientist in whose home they were found. Nothing contained in the documents alters the conclusions previously drawn by the IAEA concerning the extent of Iraq’s laser enrichment program.” [Guardian, 2/15/2003; BBC, 2/17/2003; Associated Press, 8/9/2003]
Iraq is Hiding Missiles in the Desert - Powell says that according to unidentified sources, the Iraqis have hidden rocket launchers and warheads containing biological weapons in the western desert. He further contends that these caches of weapons are hidden in palm groves and moved to different locations on a weekly basis. [US Department of State, 2/5/2003] It will later be suggested that this claim was “lifted whole from an Iraqi general’s written account of hiding missiles in the 1991 war.” [Associated Press, 8/9/2003]
Iraq Has Scud Missiles - Powell also says that according to unnamed “intelligence sources,” Iraq has a few dozen Scud-type missiles. [Associated Press, 8/9/2003]
Iraq Has Weapons of Mass Destruction - Secretary of State Colin Powell states unequivocally: “We… have satellite photos that indicate that banned materials have recently been moved from a number of Iraqi weapons of mass destruction facilities. There can be no doubt that Saddam Hussein has biological weapons and the capability to rapidly produce more, many more.” Elsewhere in his speech he says: “We know that Saddam Hussein is determined to keep his weapons of mass destruction, is determined to make more.” [US Department of State, 2/5/2003; CNN, 2/5/2003]
Governments, Media Reaction Mixed - Powell’s speech will fail to convince many skeptical governments, nor will it impress many in the European media. But it will have a tremendous impact in the US media (see February 5, 2003 and After).

Alberto Mora, the Navy’s general counsel, invites Justice Department lawyer John Yoo to his office to discuss Yoo’s recent memo defending the legality of extreme interrogation techniques used against terror suspects (see January 9, 2002). Mora has been working to put an end to such tactics at the Pentagon, but was horrified when his supervisor, Pentagon general counsel William Haynes, outflanked him with the Yoo memo (see January 23-Late January, 2003). Mora wants to know if Yoo believes cruel, inhuman or degrading treatment can be allowed at Guantanamo, and if that the president’s authority to order torture is virtually unlimited. During the meeting with Yoo, Mora asks him, “Are you saying the President has the authority to order torture?” Yoo replies, “Yes.” “I don’t think so,” Mora retorts. “I’m not talking policy,” Yoo replies, “I’m just talking about the law.” Mora responds, “Well, where are we going to have the policy discussion, then?” Yoo has no idea. Perhaps it will take place within the Pentagon, where the defense-policy experts are. Mora knows that no such discussion will ever take place; the Bush administration will use Yoo’s memo to justify its support of torture. [New Yorker, 2/27/2006; Washington Post, 4/2/2008]

Entity Tags: William J. Haynes, John C. Yoo, Alberto Mora, Bush administration (43)

Timeline Tags: Torture of US Captives, Civil Liberties

On PBS’s NOW with Bill Moyers, former ambassador Joseph Wilson explains why he does not believe the administration’s impending war with Iraq is necessary or warranted. Wilson, as he has said before (see February 13, 2003), is for aggressive, coercive inspections and what he calls “muscular disarmament.” But, Wilson says, President Bush does not want a disarmed Saddam Hussein: “I think he wants a dead Hussein. I don’t think there’s any doubt about it.” Bush is giving Iraq no incentives to disarm because he is not interested in disarmament, he wants nothing less than to overthrow Hussein. “I think war is inevitable,” he says. “Essentially, the speech that the president gave at the American Enterprise Institute (see February 26, 2003) was so much on the overthrow of the regime and the liberation of the Iraqi people that I suspect that Saddam understands that this is not about disarmament.”
'Shock and Awe' - Moyers asks Wilson about the US tactic of “shock and awe” that he has heard is being considered for the opening strikes of the US invasion (see March 19, 2003). Wilson says: “From what I understand about shock and awe, it will be a several day air assault in which they will drop as much ordinance in four or five days as they did during the 39-day bombing campaign of the Gulf War.… Missiles, bombs, precision bombs. I believe the president and our military officials, when they say they will do everything to minimize casualties to the civilian population. But it was difficult to imagine dropping that much ordinance on a population of four million people without having a lot of casualties that are unanticipated. A lot of civilian casualties.” Wilson is pessimistic that even such a massive opening assault might, as Moyers asks, touch off a rebellion against Hussein or a mass retreat and exodus of Hussein’s ground forces. While “you might well have a bloody uprising in Baghdad in which pits essentially the Iraqi population against the Republican Guard in Saddam’s palace, I think far more likely, is that most Baghdadis will just simply go into hiding and try and avoid getting hit by this American ordinance and/or getting killed by the Republican Guard.”
Redrawing the Map of the Middle East - Wilson believes that one of the biggest reasons why Bush is invading Iraq instead of working to disarm the Iraqi regime is because Bush is committed to what he calls “re-growing the political map of the Middle East.” He explains: “[T]hat basically means trying to install regimes in the Middle East that are far more friendly to the United States—there are those in the administration that call them democracies. Somehow it’s hard for me to imagine that a democratic system will emerge out of the ashes of Iraq in the near term. And when and if it does, it’s hard for me to believe that it will be more pro-American and more pro-Israeli than what you’ve got now.” Wilson says that Bush is implementing plans drawn up in the 1990s by neoconservatives such as Richard Perle (see July 8, 1996), which provide “the underpinning of the—of the philosophical argument that calls for basically radically changing the political dynamics in the Middle East and… to favor American national security interests and Israeli national security interests which are tied.”
Recipe for Anti-American Demagoguery - Such a grand agenda will be far more difficult to implement than Perle, Bush, and others believe, Wilson says. “I’ve done democracy in Africa for 25 years,” he says. “And I can tell you that doing democracy in the most benign environments is really tough sledding. And the place like Iraq where politics is a blood sport and where you have these clan, tribal, ethnic and confessional cleavages, coming up with a democratic system that is pluralistic, functioning and, as we like to say about democracies, is not inclined to make war on other democracies, is going to be extraordinarily difficult.” Wilson provides the following scenario: “Assuming that you get the civic institutions and a thriving political culture in the first few iterations of presidential elections, you’re going to have Candidate A who is likely going to be a demagogue. And Candidate B who is likely going to be a populist. That’s what emerges from political discourse. Candidate A, Candidate B, the demagogue and the populist, are going to want to win elections of the presidency. And the way to win election is enflame the passions of your population. The easy way for a demagogue or a populist in the Middle East to enflame the passion of the population is to define himself or herself by their enemies. And the great enemy in the Middle East is Israel and its supplier, the United States. So it’s hard to believe, for me, that a thriving democracy certainly in the immediate and near-term and medium-term future is going to yield a successful presidential candidate who is going to be pro-Israel or pro-America.”
Losing Focus on al-Qaeda - Wilson believes that the US has lost its focus on pursuing Osama bin Laden and al-Qaeda. “The game has shifted to Iraq for reasons that are confused to everybody,” he says. “We have been sold a war on disarmament or terrorism or the nexus between terrorism and weapons of mass destruction or liberation. Any one of the four. And now with the president’s speeches, you clearly have the idea that we’re going to go in and take this preemptive action to overthrow a regime, occupy its country for the purposes, the explicit purposes of fostering the blossoming of democracy in a part of the world where we really have very little ground, truth or experience. And, certainly, I hope along with everybody that the president in his assessment is correct. And that I am so wrong that I’m never invited to another foreign policy debate again.… Because if I am right, this could be a real disaster.” [PBS, 2/28/2003; Wilson, 2004, pp. 320-321]

Entity Tags: Richard Perle, George W. Bush, Bush administration (43), Bill Moyers, Saddam Hussein, Joseph C. Wilson

Timeline Tags: Events Leading to Iraq Invasion, Niger Uranium and Plame Outing

Lt. Gen. Daniel McNeill, US troop commander in Afghanistan, tells the New York Times that prisoners are forced to stand for long periods at the US prison in Bagram, but denies that they have been chained to the ceilings. “Our interrogation techniques are adapted,” he says. “They are in accordance with what is generally accepted as interrogation techniques, and if incidental to the due course of this investigation [of Dilawar’s death (see December 10, 2002)], we find things that need to be changed, we will certainly change them.” [New York Times, 3/4/2003]

Entity Tags: Dilawar, Daniel K. McNeill

Timeline Tags: Torture of US Captives, War in Afghanistan

Khalid Shaikh Mohammed shortly after arrest. (Note: this picture is from a video presentation on prisoners the Pakistani government gave to BBC filmmakers. It has been adjusted to remove some blue tinge.)Khalid Shaikh Mohammed shortly after arrest. (Note: this picture is from a video presentation on prisoners the Pakistani government gave to BBC filmmakers. It has been adjusted to remove some blue tinge.) [Source: BBC's "The New Al-Qaeda."]Following his arrest in Pakistan (see February 29 or March 1, 2003), al-Qaeda leader Khalid Shaikh Mohammed (KSM) finds himself in CIA custody. After two days of detention in Pakistan, where, he will allege, he is punched and stomped upon by a CIA agent, he is sent to Afghanistan. After being transferred to Guantanamo in 2006, he will discuss his experiences and treatment with officials of the International Committee of the Red Cross (ICRC—see October 6 - December 14, 2006). Mohammed will say of his transfer: “My eyes were covered with a cloth tied around my head and with a cloth bag pulled over it. A suppository was inserted into my rectum. I was not told what the suppository was for.” [New York Review of Books, 3/15/2009]
Naked - He is reportedly placed in a cell naked for several days and repeatedly questioned by females as a humiliation. He is attached to a dog leash and repeatedly yanked into the walls of his cell. He is suspended from the ceiling, chained naked in a painful crouch for long periods, doused with cold water, and kept in suffocating heat. [New Yorker, 8/6/2007; MSNBC, 9/13/2007] On arriving in Afghanistan, he is put in a small cell, where, he will recall, he is “kept in a standing position with my hands cuffed and chained to a bar above my head.” After about an hour, “I was taken to another room where I was made to stand on tiptoes for about two hours during questioning.”
Interrogators - He will add: “Approximately 13 persons were in the room. These included the head interrogator (a man) and two female interrogators, plus about 10 muscle guys wearing masks. I think they were all Americans. From time to time one of the muscle guys would punch me in the chest and stomach.” This is the usual interrogation session that Mohammed will experience over the next few weeks.
Cold Water - They are interrupted periodically by his removal to a separate room. There, he will recall, he is doused with “cold water from buckets… for about 40 minutes. Not constantly as it took time to refill the buckets. After which I would be taken back to the interrogation room.”
No Toilet Access - During one interrogation, “I was offered water to drink; when I refused I was again taken to another room where I was made to lie [on] the floor with three persons holding me down. A tube was inserted into my anus and water poured inside. Afterwards I wanted to go to the toilet as I had a feeling as if I had diarrhea. No toilet access was provided until four hours later when I was given a bucket to use.” When he is returned to his cell, as he will recall, “I was always kept in the standing position with my hands cuffed and chained to a bar above my head.” [New York Review of Books, 3/15/2009] However, he is resistant to these methods, so it is decided he will be transferred to a secret CIA prison in Poland (see March 7 - Mid-April, 2003), where he will be extensively waterboarded and tortured in other ways.

Entity Tags: International Committee of the Red Cross, Khalid Shaikh Mohammed, Central Intelligence Agency

Timeline Tags: Torture of US Captives, Complete 911 Timeline, 9/11 Timeline

An unnamed US law enforcement official tells the Wall Street Journal, “[B]ecause the [Convention Against Torture—see October 21, 1994] has no enforcement mechanism, as a practical matter, ‘you’re only limited by your imagination.’” A detainee “isn’t going to be near a place where he has Miranda rights or the equivalent of them,” the official says. “God only knows what they’re going to do to him. You go to some other country that’ll let us pistol whip this guy.” [Wall Street Journal, 3/4/2003; Human Rights Watch, 5/7/2004]

Entity Tags: Convention Against Torture

Timeline Tags: Torture of US Captives

A working group appointed by the Defense Department’s general counsel, William J. Haynes, completes a 100-page-plus classified report justifying the use of torture on national security grounds. The group—headed by Air Force General Counsel Mary Walker and including top civilian and uniformed lawyers from each military branch—consulted representatives of the Justice Department, the Joint Chiefs of Staff, the Defense Intelligence Agency, and other intelligence agencies in drafting the report. It was prepared for Secretary of Defense Donald Rumsfeld and was meant to respond to complaints from commanders working at the Guantanamo Bay base in Cuba who claimed that conventional interrogation tactics were inadequate. The conclusions in the report are similar to those of an August 1, 2002 memo (see August 1, 2002) drafted by the Justice Department’s Office of Legal Counsel (OLC). The OLC is said to have also contributed to this report. [US Department of Defense, 3/6/2003; Wall Street Journal, 6/7/2004; Los Angeles Times, 6/10/2004] The report notes that both Congress and the Justice Department will have difficulty enforcing the law if US military personnel could be shown to be acting as a result of presidential orders. [Washington Post, 6/8/2004]
President's Authority During War Gives Power to Order Torture, Supersede Law - One of the main conclusions of the report is that the president’s authority as commander-in-chief permits him during times of war to approve almost any physical or psychological interrogation method—including torture—irrespective of any domestic or international law. The report finds, “[I]n order to respect the President’s inherent constitutional authority to manage a military campaign… [the 1994 law banning torture] must be construed as inapplicable to interrogations undertaken pursuant to his Commander-in-Chief authority.” The draft report clearly states that neither Congress, the courts, nor international law has jurisdiction over the president’s actions when the country is waging war. The report asserts that “without a clear statement otherwise, criminal statutes are not read as infringing on the president’s ultimate authority” to wage war. Furthermore, “any effort by Congress to regulate the interrogation of unlawful combatants would violate the Constitution’s sole vesting of the commander-in-chief authority in the president.” According to the document, the federal Torture Statute simply does not apply. “In order to respect the president’s inherent constitutional authority to manage a military campaign… (the prohibition against torture) must be construed as inapplicable to interrogations undertaken pursuant to his commander-in chief authority,” the report states (The parenthetical comment is in the original document). A career military lawyer will later tell the Wall Street Journal that many lawyers disagreed with these conclusions, but that their concerns were overridden by the political appointees heading the drafting of the report. The lawyer explains that instead, military lawyers focused their efforts on limiting the report’s list of acceptable interrogation methods. [Wall Street Journal, 6/7/2004; Washington Post, 6/8/2004]
Guantanamo Bay Not Covered under Torture Restrictions - The report also finds that the 1994 law barring torture “does not apply to the conduct of US personnel” at Guantanamo Bay, nor does it apply to US military interrogations that occurred outside US “maritime and territorial jurisdiction,” such as in Iraq or Afghanistan. [Washington Post, 6/8/2004]
Legal Arguments to Defend against Torture Charges Conflict with International Statutes - The draft report lists several possible arguments that US civilian or military personnel might use to defend themselves against charges of torture or other war crimes. According to the administration’s lawyers, one argument would be that such actions were “necessary” in order to prevent an attack. However, this rationale seems to ignore very clear statements in the Convention Against Torture (see October 21, 1994) which states that “no exceptional circumstances whatsoever, whether a state of war or a threat of war, internal political instability or any other public emergency, may be invoked as a justification of torture.” Another line of defense, the report says, would be to claim that the accused had been acting under “superior orders” and that therefore no “moral choice was in fact possible.” Likewise, the report cites a Justice Department opinion, which the draft report says “concluded that it could not bring a criminal prosecution against a defendant who had acted pursuant to an exercise of the president’s constitutional power.” This also contradicts the Convention against Torture, which states that orders from superiors “may not be invoked as a justification of torture.” The authors of the report also suggest in the draft report that accused officials could argue that they had “mistakenly relied in good faith on the advice of lawyers or experts,” adding, “Good faith may be a complete defense.” The memo also argues that the International Covenant on Political and Civil Rights (ICCPR), to which the US is a party, “does not apply outside the United States or its special maritime and territorial jurisdiction (SMTJ), and that it does not apply to operations of the military during an international armed conflict,” as the US “has maintained consistently.” Since the “Guantanamo Bay Naval Station (GTMO) is included within the definition of the special maritime and territorial jurisdiction of the United States,” the ICCPR does not apply to Guantanamo Bay. The authors are also convinced that officials would not be prosecutable under US law, concluding that “constitutional principles” precluded the possibility that officials could be punished “for aiding the president in exercising his exclusive constitutional authorities” and neither Congress nor the courts had the authority to “require or implement the prosecution of such an individual.” [Wall Street Journal, 6/7/2004]
Defining Parameters of Interrogation Methods - The document attempts to define the parameters of lawful interrogation methods in terms of the degree of pain or psychological manipulation they cause. The report states that the infliction of physical or mental suffering does not constitute torture. To violate Section 2340 A of the US Code, prohibiting physical torture, suffering must be “severe,” the lawyers advise, noting that according to a dictionary definition, this would mean that the pain “must be of such a high level of intensity that… [it] is difficult for the subject to endure.” It must also be “inflicted with specific intent,” they say, meaning that the perpetrator expressly intends to cause severe pain and suffering. But if the defendant simply used pain and suffering as a means to an end, such specific intent would not exist. Under certain circumstances, the lawyers explain, the US would be justified in resorting to illegal measures like torture or homicide. They argue that such measures should be considered “self-defense” in cases where officials “honestly believe” that such actions would prevent an imminent attack against the US. “Sometimes the greater good for society will be accomplished by violating the literal language of the criminal law,” the draft document asserts. “In sum,” the panel determines, “the defense of superior orders will generally be available for US Armed Forces personnel engaged in exceptional interrogations except where the conduct goes so far as to be patently unlawful.” Civil law suits, the panel notes, by a foreign victim of torture will not apply to the US government. [US Department of Defense, 3/6/2003; Wall Street Journal, 6/7/2004]
Report May Not Define Practices, Pentagon Implies - A Pentagon spokesman later says the memo represents “a scholarly effort to define the perimeters of the law,” and notes: “What is legal and what is put into practice is a different story.” [Washington Post, 6/8/2004]

Entity Tags: US Department of Justice, US Department of Defense, Office of Legal Counsel (DOJ), International Covenant on Political and Civil Rights, Joint Chiefs of Staff, Convention Against Torture, Defense Intelligence Agency, Donald Rumsfeld, Mary L. Walker, William J. Haynes

Timeline Tags: Torture of US Captives, Civil Liberties

Communications antenna at Stare Kiejkuty, the Polish “black site” where Khalid Shaikh Mohammed was held for a time after his capture.Communications antenna at Stare Kiejkuty, the Polish “black site” where Khalid Shaikh Mohammed was held for a time after his capture. [Source: CBC]9/11 planner Khalid Shaikh Mohammed, after being detained and abused for three days in US custody in Afghanistan (see February 29 or March 1, 2003 and Shortly After February 29 or March 1, 2003), is transferred to another CIA-run facility in Poland. [New Yorker, 8/6/2007; New York Review of Books, 3/15/2009] The facility is later identified as Stare Kiejkuty, a secret prison near the Szymany military airbase. Mohammed is flown in on a Gulfstream N379P jet known to prison officials as “the torture taxi.” The plane is probably piloted by “Jerry M,” a 56-year-old pilot for Aero Contractors, a company that transfers prisoners around the world for US intelligence agencies. [Der Spiegel (Hamburg), 4/27/2009] He is dressed in a tracksuit, blindfolded, hooded, has sound-blocking headphones placed over his ears, and is flown “sitting, leaning back, with my hands and ankles shackled in a high chair,” as he will later tell officials of the International Committee of the Red Cross (ICRC—see October 6 - December 14, 2006). He later says he manages to sleep a few hours, for the first time in days. Upon arrival, Mohammed is stripped naked and placed in a small cell “with cameras where I was later informed by an interrogator that I was monitored 24 hours a day by a doctor, psychologist, and interrogator.” The walls are wooden and the cell measures some 10 by 13 feet. [New York Review of Books, 3/15/2009; Der Spiegel (Hamburg), 4/27/2009]
'I Would Be Brought to the Verge of Death and Back Again' - As he will later recall, it was in this detention camp that “the most intense interrogation occurred, led by three experienced CIA interrogators, all over 65 years old and all strong and well trained.” The interrogators tell him that they have received the “green light from Washington” to give him “a hard time” (see Late September 2001 and September 25, 2002). As he will later recall: “They never used the word ‘torture’ and never referred to ‘physical pressure,’ only to ‘a hard time.’ I was never threatened with death, in fact I was told that they would not allow me to die, but that I would be brought to the ‘verge of death and back again.‘… I was kept for one month in the cell in a standing position with my hands cuffed and shackled above my head and my feet cuffed and shackled to a point in the floor.” When he falls asleep, “all my weight [is] applied to the handcuffs around my wrist resulting in open and bleeding wounds.” The ICRC will later confirm that Mohammed bears scars consistent with his allegations on both wrists and both ankles. “Both my feet became very swollen after one month of almost continual standing.”
Interrogations - He is interrogated in a different room, in sessions lasting anywhere from four to eight hours, and with a wide variety of participants. Sometimes women take part in the interrogations. A doctor is usually present. “If I was perceived not to be cooperating I would be put against a wall and punched and slapped in the body, head, and face. A thick flexible plastic collar would also be placed around my neck so that it could then be held at the two ends by a guard who would use it to slam me repeatedly against the wall. The beatings were combined with the use of cold water, which was poured over me using a hose-pipe. The beatings and use of cold water occurred on a daily basis during the first month.”
'Alternative Procedures' - The CIA interrogators use what they will later call “alternative procedures” on Mohammed, including waterboarding (see After March 7, 2003) and other techniques. He is sprayed with cold water from a hose-pipe in his cell and the “worst day” is when he is beaten for about half an hour by one of the interrogators. “My head was banged against the wall so hard that it started to bleed. Cold water was poured over my head. This was then repeated with other interrogators.” He is then waterboarded until a doctor intervenes. He gets an hours’s sleep and is then “put back in my cell standing with my hands shackled above my head.” He sleeps for a “few minutes” on the floor of cell after the torture sessions, but does not sleep well, “due to shackles on my ankles and wrists.” The toilet consists of a bucket in the cell, which he can use on request, but “I was not allowed to clean myself after toilet during the first month.” In the first month he is only fed on two occasions, “as a reward for perceived cooperation.” He gets Ensure [a liquid nutritional supplement] to drink every four hours. If he refuses it, “then my mouth was forced open by the guard and it was poured down my throat by force.” He loses 18 kg in the first month, after which he gets some clothes. In addition, “Artificial light was on 24 hours a day, but I never saw sunlight.” [New York Review of Books, 3/15/2009]
Deliberately False Information - As he will later tell ICRC officials, he often lies to his interrogators: “During the harshest period of my interrogation, I gave a lot of false information in order to satisfy what I believed the interrogators wished to hear in order to make the ill-treatment stop.… I’m sure that the false information I was forced to invent… wasted a lot of their time and led to several false red-alerts being placed in the US.” [New York Review of Books, 3/15/2009] It will later be reported that up to 90 percent of Mohammed’s confessions may be unreliable. Furthermore, he will recant many of his statements (see August 6, 2007).

Entity Tags: Jack Goldsmith, “Jerry M”, Aero Contractors, International Committee of the Red Cross, David S. Addington, Central Intelligence Agency, Khalid Shaikh Mohammed, Stare Kiejkuty

Timeline Tags: Torture of US Captives, Complete 911 Timeline, 9/11 Timeline

After being transferred from Afghanistan to Poland (see March 7 - Mid-April, 2003), alleged 9/11 mastermind Khalid Shaikh Mohammed (KSM) is repeatedly waterboarded by the CIA, a technique simulating drowning that international law classifies as torture. He is only one of about four high-ranking detainees waterboarded, according to media reports (see May 2002-2003). [New Yorker, 8/6/2007; MSNBC, 9/13/2007; New York Review of Books, 3/15/2009] He will recall: “I would be strapped to a special bed, which could be rotated into a vertical position. A cloth would be placed over my face. Cold water from a bottle that had been kept in a fridge was then poured onto the cloth by one of the guards so that I could not breathe.… The cloth was then removed and the bed was put into a vertical position. The whole process was then repeated during about one hour. Injuries to my ankles and wrists also occurred during the waterboarding as I struggled in the panic of not being able to breathe. Female interrogators were also present… and a doctor was always present, standing out of sight behind the head of [the] bed, but I saw him when he came to fix a clip to my finger which was connected to a machine. I think it was to measure my pulse and oxygen content in my blood. So they could take me to [the] breaking point.” [New York Review of Books, 3/15/2009] Accounts about the use of waterboarding on KSM differ. He says he is waterboarded five times. [New York Review of Books, 3/15/2009] However, contradictory reports will later appear:
bullet NBC News will claim that, according to multiple unnamed officials, KSM underwent at least two sessions of waterboarding and other extreme measures before talking. One former senior intelligence official will say, “KSM required, shall we say, re-dipping.” [MSNBC, 9/13/2007]
bullet In 2005, former and current intelligence officers and supervisors will tell ABC News that KSM “won the admiration of interrogators when he was able to last between two and two-and-a-half minutes before begging to confess.” [ABC News, 11/18/2005] In 2007, a former CIA official familiar with KSM’s case will tell ABC News a sligntly different version of events: “KSM lasted the longest under waterboarding, about a minute and a half, but once he broke, it never had to be used again.” A senior CIA official will claim that KSM later admitted he only confessed because of the waterboarding. [ABC News, 9/14/2007] In November 2005, John Sifton of Human Rights Watch will say of waterboarding, “The person believes they are being killed, and as such, it really amounts to a mock execution, which is illegal under international law.” [ABC News, 11/18/2005]
bullet The New York Times will claim that “KSM was subjected to intense and repeated torture techniques that, at the time, were specifically designated as illegal under US law.” Some claim that KSM gives useful information. “However, many of the officials interviewed say KSM provided a raft of false and exaggerated statements that did not bear close scrutiny—the usual result, experts say, of torture.” CIA officials stopped the “extreme interrogation” sessions after about two weeks, worrying that they might have exceeded their legal bounds. Apparently pressure to stop comes from Jack Goldsmith, head of the Justice Department’s Office of Legal Counsel, who is troubled about updates from KSM’s interrogations and raises legal questions. He is angrily opposed by the White House, particularly David Addington, a top aide to Vice President Dick Cheney. [New York Times, 10/4/2007]
bullet The New Yorker will report that officials who have seen a classified Red Cross report say that KSM claims he was waterboarded five times. Further, he says he was waterboarded even after he started cooperating. But two former CIA officers will insist that he was waterboarded only once. One of them says that KSM “didn’t resist. He sang right away. He cracked real quick. A lot of them want to talk. Their egos are unimaginable. KSM was just a little doughboy.” [New Yorker, 8/6/2007]
bullet A different ABC News account will claim that KSM was al-Qaeda’s toughest prisoner. CIA officers who subject themselves to waterboarding last only about 14 seconds, but KSM was able to last over two minutes. [ABC News, 11/18/2005]
bullet In 2009, evidence will surface that indicates KSM was waterboarded up to 183 times (see April 16, 2009 and April 18, 2009).

Entity Tags: Khalid Shaikh Mohammed, Central Intelligence Agency, John Sifton

Timeline Tags: Torture of US Captives, Complete 911 Timeline, 9/11 Timeline

A New York Times article reports that the US government is rendering suspects abroad (see 1993) and that “stress and duress” techniques are being used at the secret CIA interrogation center located in a hangar at Bagram Air Base in Afghanistan (see October 2001). “Intelligence officials… acknowledged that some suspects had been turned over to security services in countries known to employ torture. There have been isolated, if persistent, reports of beatings in some American-operated centers,” the article claims. [New York Times, 3/9/2003; Human Rights Watch, 5/7/2004]

Timeline Tags: Torture of US Captives

The cover of an April issue of Entertainment Weekly featuring nearly-nude depictions of the Dixie Chicks, all with words written on their skin used in commentaries about the band.The cover of an April issue of Entertainment Weekly featuring nearly-nude depictions of the Dixie Chicks, all with words written on their skin used in commentaries about the band. [Source: Associated Press / Guardian]The Dixie Chicks, a modern country band from Texas, plays a concert in London. The band consists of three singers and multi-instrumentalists, Natalie Maines, Martie Maguire, and Emily Robison, and backing musicians. During the show, Maines says to the audience: “Just so you know, we’re on the good side with y’all. We do not want this war, this violence, and we’re ashamed that the president of the United States is from Texas.” The London Guardian, in a review of the show, reports the comments on March 12. Within days, Maines and the Dixie Chicks become the targets of intense and heavy criticism from conservative commentators and Bush supporters in the United States. Country music radio stations across the nation begin dropping their songs from their playlists, even though the Chicks currently have the top song in country music airplay, “Travelin’ Man.” Radio stations set up trash cans outside their stations for listeners to publicly discard their Dixie Chicks CDs, and some radio stations hold “disc-burning” and “disc-smashing” festivals featuring bonfires and tractors. Two radio station chains, Cox and Cumulus, ban the Chicks from being played on all the stations they own. Critics on Fox News and conservative radio shows nickname the band “the Dixie Sluts,” “Saddam’s Angels,” and other monikers. Country musician Toby Keith, a conservative and frequent guest on Fox News and radio talk shows, begins using a backdrop at his concerts featuring a photo montage putting Maines together with Saddam Hussein. Maines reluctantly accepts 24-hour security from the barrage of death threats she receives. She quickly issues an apology, saying, “Whoever holds that office [the presidency] should be treated with the utmost respect,” but the apology makes little difference to many. Indeed, the band does not back away from its position: Robison will later say: “Everybody talks about how this war was over quickly and not that many people died. Tell that to the parents of people coming home in body bags.… Natalie’s comment came from frustration that we all shared—we were apparently days away from war (see March 19, 2003) and still left with a lot of questions.” Maines will later say: “The thing is, it wasn’t even a political statement. It was a joke made to get cheers and applause and to entertain, and it did. But it didn’t entertain America.” Maines will later say the controversy starts on a right-wing message board and blog called Free Republic. Music producer and comedian Simon Renshaw, a close friend of the band members, agrees with Maines, saying: “The extreme right-wing group, for their own political reasons, are attempting to manipulate the American media, and the American media is falling for it. The Free Republic is very well organized. There’s definitely a Free Republic hit list with all of the radio stations they’re trying to affect, and they are totally focused, and the girls are going to get whacked.” Documentary maker Barbara Kopple, who is making a film about the group, will later say: “[The c]ountry music [industry] put[s] sort of their musicians in a box, and they’re expected to be very conservative in their leanings, and these were three all-American girls that nobody ever expected this from. So when Natalie made her statement, it was as if she had betrayed country music. There was a massive boycott on playing any of their music. There was this group called the Free Republic that immediately got on Web sites and blogs and everything else to make sure that their music was not shown, their CDs were trampled, and for this, they even got death threats. So they had to have bomb-sniffing dogs, they had security, and nothing could stop these women from playing.” Kopple cites one example of a very specific and credible death threat issued for a July 6, 2003 concert in Dallas, but the three band members insist on playing, and the concert goes off without incident. In April 2003, Maines says: “People think this’ll scare us and shut us up and it’s gonna do the opposite. They just served themselves a huge headache.” [Guardian, 3/12/2003; Guardian, 4/25/2003; Democracy Now!, 2/15/2007] Eventually, their CD sales begin to rebound, and in 2007, they will win five Grammy awards, an accomplishment many will see as a vindication of the Dixie Chicks’s music and their right to freedom of speech, as well as something of a repudiation of the Nashville-based country music industry. Music executive Jeff Ayeroff will note that “the artist community… was very angry at what radio did, because it was not very American.” Music executive Mike Dungan, a powerful member of the country music industry, says of the awards, “I think it says that, by and large, the creative community sees what has happened to the Dixie Chicks as unfair and unjust.” [New York Times, 2/13/2007]

Entity Tags: Martie Maguire, Dixie Chicks, Barbara Kopple, Emily Robison, Jeff Ayeroff, Simon Renshaw, Toby Keith, Mike Dungan, Natalie Maines, Free Republic

Timeline Tags: Domestic Propaganda

The Justice Department sends a legal memorandum to the Pentagon that claims federal laws prohibiting torture, assault, maiming, and other crimes do not apply to military interrogators questioning al-Qaeda captives because the president’s authority as commander in chief overrides the law. The 81-page memo, written by the Office of Legal Counsel’s John Yoo, is not publicly revealed for over five years (see April 1, 2008).
President Can Order Maiming, Disfigurement of Prisoners - Yoo writes that infractions such as slapping, shoving, and poking detainees do not warrant criminal liability. Yoo goes even farther, saying that the use of mind-altering drugs can be used on detainees as long as they do not produce “an extreme effect” calculated to “cause a profound disruption of the senses or personality.” [John C. Yoo, 3/14/2003 pdf file; Washington Post, 4/2/2008] Yoo asks if the president can order a prisoner’s eyes poked out, or if the president could order “scalding water, corrosive acid or caustic substance” thrown on a prisoner. Can the president have a prisoner disfigured by slitting an ear or nose? Can the president order a prisoner’s tongue torn out or a limb permanently disabled? All of these assaults are noted in a US law prohibiting maiming. Yoo decides that no such restrictions exist for the president in a time of war; that law does not apply if the president deems it inapplicable. The memo contains numerous other discussions of various harsh and tortuous techniques, all parsed in dry legal terms. Those tactics are all permissible, Yoo writes, unless they result in “death, organ failure, or serious impairment of bodily functions.” Some of the techniques are proscribed by the Geneva Conventions, but Yoo writes that Geneva does not apply to detainees captured and accused of terrorism. [Washington Post, 4/6/2008]
'National Self-Defense' - Yoo asserts that the president’s powers as commander in chief supersede almost all other laws, even Constitutional provisions. “If a government defendant were to harm an enemy combatant during an interrogation in a manner that might arguably violate a criminal prohibition, he would be doing so in order to prevent further attacks on the United States by the al-Qaeda terrorist network,” Yoo writes. “In that case, we believe that he could argue that the executive branch’s constitutional authority to protect the nation from attack justified his actions.… Even if an interrogation method arguably were to violate a criminal statute, the Justice Department could not bring a prosecution because the statute would be unconstitutional as applied in this context.” Interrogators who harmed a prisoner are protected by a “national and international version of the right to self-defense.” He notes that for conduct during interrogations to be illegal, that conduct must “shock the conscience,” an ill-defined rationale that will be used by Bush officials for years to justify the use of waterboarding and other extreme interrogation methods. Yoo writes, “Whether conduct is conscience-shocking turns in part on whether it is without any justification,” explaining that that it would have to be inspired by malice or sadism before it could be prosecuted.
Memo Buttresses Administration's Justifications of Torture - The Justice Department will tell the Defense Department not to use the memo nine months later (see December 2003-June 2004), but Yoo’s reasoning will be used to provide a legal foundation for the Defense Department’s use of aggressive and potentially illegal interrogation tactics. The Yoo memo is a follow-up and expansion to a similar, though more narrow, August 2002 memo also written by Yoo (see August 1, 2002). Defense Secretary Donald Rumsfeld will suspend a list of aggressive interrogation techniques he had approved, in part because of Yoo’s memo, after an internal revolt by Justice Department and military lawyers (see February 6, 2003, Late 2003-2005 and December 2003-June 2004). However, in April 2003, a Pentagon working group will use Yoo’s memo to endorse the continued use of extreme tactics. [John C. Yoo, 3/14/2003 pdf file; Washington Post, 4/2/2008; New York Times, 4/2/2008]
Justice Department Claims Attorney General Knows Nothing of Memo - Yoo sends the memo to the Pentagon without the knowledge of Attorney General John Ashcroft or Ashcroft’s deputy, Larry Thompson, senior department officials will say in 2008. [Washington Post, 4/4/2008]

Entity Tags: US Department of Justice, John C. Yoo, Larry D. Thompson, Al-Qaeda, Office of Legal Counsel (DOJ), Donald Rumsfeld, John Ashcroft, Geneva Conventions, US Department of Defense

Timeline Tags: Torture of US Captives, Complete 911 Timeline, Civil Liberties

The platoon of 15 interrogators led by Capt. Carolyn A. Wood is sent to Iraq together with another 15 fellow soldiers from Company A of the 519th Military Intelligence Battalion. [Knight Ridder, 8/21/2004] Wood had been involved in detainee abuses in Afghanistan (see November 30-December 3, 2002) and will be involved in the Abu Ghraib detainee abuse scandal in Iraq (see (Early August 2003)).

Entity Tags: Carolyn A. Wood

Timeline Tags: Torture of US Captives

Craig Rosebraugh, the former publicist for the Earth Liberation Front (ELF—see 1997 and 2000 and After), issues a proclamation opposing the Iraq invasion (see March 19, 2003) that is posted on a number of left-wing Web sites. Rosebraugh, who remains influential in the environmental movement, says that “the only possibility of stopping this current military action is to engage in strategies and tactics which severely disrupt the war machine, the US economy, and the overall functioning of US society.” He recommends large scale urban riots and attacks on financial and media centers, as well as US military establishments. Eleven days later, five cars and a van at the Navy recruiting headquarters in Montgomery, Alabama, are spray-painted with anti-war slogans, and a large truck is set afire. The graffiti is signed “ELF.” The organization claims responsibility for the incident, saying, “This is the first specifically anti-war action carried out by the ELF in North America.” [Anti-Defamation League, 2005]

Entity Tags: Earth Liberation Front, Craig Rosebraugh

Timeline Tags: US Domestic Terrorism

Bisher al-Rawi.Bisher al-Rawi. [Source: Craig Hibbert]In February 2003, British residents Bisher al-Rawi and Jamil al-Banna are transferred from Bagram in Afghanistan to the Guantanamo prison. They spend their first month in isolation. Al-Rawi’s head and beard are shaved off as has allegedly already happened to al-Banna during his detention at Bagram. Al-Banna is put in a cell next to detainee Asif Iqbal. “[S]oon after,” Iqbal will later recall, al-Banna “began to deteriorate.” At Guantanamo, according to Iqbal, “al-Banna was in constant pain from his joints because he suffered from rheumatism and he was diabetic.” [Rasul, Iqbal, and Ahmed, 7/26/2004 pdf file] Al-Rawi and al-Banna had served as informants for the British intelligence agency MI5, helping MI5 communicate with radical imam Abu Qatada, who also was an MI5 informant (see Late September 2001-Summer 2002 and Summer-Early November 2002). First in Gambia and then in Bagram, they were pressured to resume being informants, but they refused (see November 8, 2002-December 7, 2002 and December 8, 2002-March 2003). After about six months in Guantanamo, an MI5 officer visits al-Rawi and again asks him if he wants to resume being an informer. Later, one of his previous MI5 handlers comes to visit him. He will recall: “I suppose he was nice enough. He asked if I wanted anything. I asked for a book on base jumping. He never came back, and I never got the book.” Eventually, two other previous handlers visit him and try to recruit him yet again. “They said, “You know, Bisher, if you agree to work for us when you get back to Britain, we’ll get you out.” They promised to return, but never did.” When al-Rawi faces a tribunal in September 2004 to determine if his detention is justified, he asks for his previous MI5 handlers to corroborate that he had been an informant. The British government refuses to help in any way, and the tribunal decides that he should continue to be imprisoned. The two of them grow increasingly bored and depressed, and face harsh conditions. For instance, after three detainees commit suicide in June 2006, the jailers retaliate by keeping the air conditioning turned to maximum for months. “We were freezing the whole time. Other times they made it scorching hot,” al-Rawi says. Al-Banna is not even allowed to phone his sick mother just before she dies. [Washington Post, 4/2/2006; Observer, 7/29/2007] Al-Rawi will finally be freed and flown back to Britain on April 3, 2007. Al-Banna will be freed and returned to Britain on November 18, 2007.

Entity Tags: Bisher al-Rawi, Asif Iqbal, Jamil al-Banna, UK Security Service (MI5)

Timeline Tags: Torture of US Captives

March 19, 2003: US and Partners Invade Iraq

A building in Baghdad is bombed during the US invasion of Iraq.A building in Baghdad is bombed during the US invasion of Iraq. [Source: Reuters]The US begins its official invasion of Iraq (see (7:40 a.m.) March 19, 2003). While most observers expect a traditional air assault, the US planners instead launch what they call a “Shock and Awe” combination of air and ground assaults designed to avoid direct confrontations with Iraqi military forces and instead destroy Iraqi military command structures. [CNN, 3/20/2003; CNN, 3/20/2003; Unger, 2007, pp. 302] The initial invasion force consists of 250,000 US forces augmented by 45,000 British troops and small contingents from Poland, Australia, and Denmark, elements of the so-called “coalition of the willing.” [BBC, 3/18/2003; Unger, 2007, pp. 302]

Entity Tags: United States

Timeline Tags: Complete 911 Timeline, Events Leading to Iraq Invasion, Iraq under US Occupation

President Bush calls British Prime Minister Tony Blair, his central ally in the US’s “coalition of the willing.” After speaking to Blair, Bush goes to the White House Situation Room, where a videoconference with his field commanders in the Persian Gulf is set up. Bush asks if they are ready to commence hostilities against Iraq; each one answers in the affirmative. Bush then says: “For the peace of the world and the benefit and freedom of the Iraqi people, I hereby give the order to execute Operation Iraqi Freedom. May God bless our troops” (see March 19, 2003). He later goes for a walk outside his office. He will recall: “I prayed as I walked around the circle. I prayed that our troops be safe, be protected by the Almighty, that there be minimal loss of life.… I was praying for strength to do God’s will.… I’m surely not going to justify war based upon God. Understand that. Nevertheless, in my case I pray that I be as good a messenger of His will as possible.” [Unger, 2007, pp. 294-295]

Entity Tags: George W. Bush, Tony Blair

Timeline Tags: Events Leading to Iraq Invasion

US forces fire more than 40 Tomahawk missiles at the Dora Farms compound on the Tigris River, where intelligence intercepts have indicated that Saddam Hussein may be holed up in an underground bunker. The Tomahawks are accompanied by “bunker-buster” bombs from F-117 Stealth fighters. The strike is an attempt to “decapitate” Iraq’s military and government by killing the dictator in the first hours of the assault (see March 19, 2003). The missile barrage destroys all of the building in the compound except the main palace. Unfortunately for the US military planners, Hussein is not at the compound; later intelligence learns that Hussein has not been at the Dora Farms complex since 1995. Hussein is at a safe house in Baghdad, watching the international television coverage of the strike and drafting a message to the Iraqi people. Hussein will remain in Baghdad for weeks, moving from safe house to safe house; though American forces will strike at numerous targets in Baghdad, none will come close to Hussein’s locations. [CBS News, 5/28/2003; New York Times, 3/12/2006; Unger, 2007, pp. 295]

Entity Tags: Saddam Hussein, US Department of Defense

Timeline Tags: Events Leading to Iraq Invasion

Saudi detainee Ahmed Muhammad al-Darbi is transferred from Bagram, Afghanistan (see August 2002), to Guantanamo. According to a statement he will later make (see July 1, 2009), he is abused at Guantanamo. The abuse includes:
bullet Solitary confinement;
bullet Loud music;
bullet Cold temperatures;
bullet Bright lights;
bullet US personnel disrespecting the Koran by throwing it to the ground; and
bullet Not being allowed to go to the bathroom during interrogations.
Al-Darbi is mostly questioned by the FBI, including an agent he knows as “Tom” and who questioned him at Bagram. Tom allegedly tells al-Darbi that “if I did not stick with my Bagram confessions, I would not ‘escape Bagram.’” If he does not cooperate he is allegedly to be sentenced to death and executed, or tortured, raped, and sexually abused at Guantanamo, or sent back to Bagram or to other countries. Al-Darbi will later claim, “The interrogators at Bagram and Guantanamo fed me particular details in my statements and forced me to identify individuals based on photographs or to ascribe to those individuals certain conduct.” However, he apparently never signs a written statement and will say that he makes “numerous false statements” under questioning. [al-Darbi, 7/1/2009]

Entity Tags: Ahmed Muhammad al-Darbi

Timeline Tags: Torture of US Captives

The Los Angeles Times reports that, ironically, the man in charge of security for the nation where the US bases its headquarters for the Iraq war is a supporter of al-Qaeda. Sheik Abdullah bin Khalid al-Thani is the Interior Minister of Qatar. US Central Command and thousands of US troops are stationed in that country. In 1996, al-Thani was Religious Minister and he apparently let 9/11 mastermind Khalid Shaikh Mohammed (KSM) live on his farm (see January-May 1996). Mohammed was tipped off that the US was after him. Some US officials believe al-Thani was the one who helped KSM escape, just as he had assisted other al-Qaeda leaders on other occasions. [Los Angeles Times, 3/28/2003] Another royal family member has sheltered al-Qaeda leaders and given over $1 million to al-Qaeda. KSM was even sheltered by Qatari royalty for two weeks after 9/11 (see Late 2001). [New York Times, 2/6/2003] Ahmad Hikmat Shakir, who has ties to the 1993 World Trade Center bombing (see February 26, 1993), the Bojinka plot (see January 6, 1995), and also attended the January 2000 al-Qaeda summit in Malaysia (see January 5-8, 2000), was sheltered by al-Thani’s religious ministry in 2000. [Newsweek, 9/30/2002] Former counterterrorism “tsar” Richard Clarke says al-Thani “had great sympathy for Osama bin Laden, great sympathy for terrorist groups, was using his personal money and ministry money to transfer to al-Qaeda front groups that were allegedly charities.” However, the US has not attempted to apprehend al-Thani or take any other action against him. [Los Angeles Times, 3/28/2003]

Entity Tags: Al-Qaeda, Richard A. Clarke, Khalid Shaikh Mohammed, Osama bin Laden, Abdallah bin Khalid al-Thani, United States, Ahmad Hikmat Shakir

Timeline Tags: Complete 911 Timeline

The Justice Department advises in a set of legal memorandums that if “government officials… are contemplating procedures that may put them in violation of American statutes that prohibit torture, degrading treatment or the Geneva Conventions, they will not be responsible if it can be argued that the detainees are formally in the custody of another country.” That is because, according to one official, “It would be the responsibility of the other country.” The memos seem to suggest that top government officials may be concerned that they are in violation of international laws. One administration figure involved in discussions about the memos tells the New York Times in May 2004: “The criminal statutes only apply to American officials. The question is how involved are the American officials.” [New York Times, 5/13/2004]

Timeline Tags: Torture of US Captives, Civil Liberties

In a report, the Pentagon working group (see January 15, 2003) recommends the adoption of 35 interrogation techniques. Twenty-six of them are recommended for use in interrogations of all unlawful combatants held outside the US. The remaining nine are considered “exceptional” and recommended for use only on unlawful combatants suspected of holding “critical intelligence.” The advice is clearly not for the public eye. “Should information regarding the use of more aggressive interrogation techniques than have been used traditionally by US forces become public,” the panel warns in its report, “it is likely to be exaggerated or distorted in the US and international media accounts, and may produce an adverse effect on support for the war on terrorism.” [MSNBC, 6/23/2004]

Entity Tags: US Department of Defense

Timeline Tags: Torture of US Captives

Defense Secretary Donald Rumsfeld signs a memo on interrogation methods approving 24 of the 35 techniques recommended by the Pentagon working group (see April 4, 2003) earlier in the month. The new set of guidelines, to be applied to prisoners at Guantanamo and Afghanistan, is a somewhat softer version of the initial interrogation policy that Rumsfeld approved in December 2002 (see December 2, 2002). [Roth and Malinowski, 5/3/2004; Washington Post, 5/11/2004; Age (Melbourne), 5/13/2004; Washington Post, 5/13/2004; Los Angeles Times, 5/22/2004; Newsweek, 5/24/2004; Wall Street Journal, 6/7/2004; MSNBC, 6/23/2004; Truthout (.org), 6/28/2004] Several of the techniques listed are ones that the US military trains Special Forces to prepare for in the event that they are captured by enemy forces (see December 2001 and July 2002). [New York Times, 5/13/2004]
Two Classes of Methods - The list is divided into two classes: tactics that are authorized for use on all prisoners and special “enhanced measures” that require the approval of Lieutenant General Ricardo Sanchez. The latter category of methods includes tactics that “could cause temporary physical or mental pain,” like “sensory deprivation,” “stress positions,” “dietary manipulation,” forced changes in sleep patterns, and isolated confinement. [Washington Post, 5/11/2004; Washington Post, 5/13/2004] Other techniques include “change of scenery down,” “dietary manipulation,” “environmental manipulation,” and “false flag.” The first 18 tactics listed all appear in the 1992 US Army Field Manual (FM) 34-52, with the exception of the so-called “Mutt-and-Jeff” approach, which is taken from an obsolete 1987 military field manual (1987 FM 34-52). [USA Today, 6/22/2004] The approved tactics can be used in conjunction with one another, essentially allowing interrogators to “pile on” one harsh technique after another. Categories such as “Fear Up Harsh” and “Pride and Ego Down” remain undefined, allowing interrogators to interpret them as they see fit. And Rumsfeld writes that any other tactic not already approved can be used if he gives permission. Author and reporter Charlie Savage will later write, “In other words, there were no binding laws and treaties anymore—the only limit was the judgment and goodwill of executive branch officials. ” [Savage, 2007, pp. 181] The use of forced nudity as a tactic is not included in the list. The working group rejected it because its members felt it might be considered inhumane treatment under international law. [Associated Press, 6/23/2004]
Result of Discussions among Pentagon Officials - The memo, marked for declassification in 2013 [Truthout (.org), 6/28/2004] , is the outcome, according to Deputy General Counsel Daniel Dell’Orto, of discussions between Rumsfeld, William J. Haynes, Douglas Feith, Paul Wolfowitz, and General Richard Myers. [Washington File, 6/23/2004] One US official explains: “There are very specific guidelines that are thoroughly vetted. Everyone is on board. It’s legal.” However in May 2004, it will be learned that there was in fact opposition to the new guidelines. Pentagon lawyers from the Army Judge Advocate General’s office had objected (see May 2003 and October 2003) and many officials quietly expressed concerns that they might have to answer for the policy at a later date (see (April 2003)). [Washington Post, 5/11/2004; Washington Post, 5/13/2004]

Entity Tags: Donald Rumsfeld, Douglas Feith, Paul Wolfowitz, Richard B. Myers, William J. Haynes, Ricardo S. Sanchez, Daniel J. Dell’Orto, Charlie Savage

Timeline Tags: Torture of US Captives, Civil Liberties

One of a group of 25 al-Qaeda members captured in Pakistan, Tawfiq bin Attash (see April 29, 2003), is taken into US custody and sent to a CIA-run detention facility in Afghanistan. Years later, after being transferred to Guantanamo, he will discuss his experiences and treatment with officials of the International Committee of the Red Cross (ICRC—see October 6 - December 14, 2006), who will identify him as “Walid bin Attash” in their documents.
'Forced Standing' - Bin Attash will recall his introduction to detention in Afghanistan as follows: “On arrival at the place of detention in Afghanistan I was stripped naked. I remained naked for the next two weeks. I was put in a cell measuring approximately [3 1/2 by 6 1/2 feet]. I was kept in a standing position, feet flat on the floor, but with my arms above my head and fixed with handcuffs and a chain to a metal bar running across the width of the cell. The cell was dark with no light, artificial or natural. During the first two weeks I did not receive any food. I was only given Ensure [a liquid nutritional supplement] and water to drink. A guard would come and hold the bottle for me while I drank.… The toilet consisted of a bucket in the cell.… I was not allowed to clean myself after using the bucket. Loud music was playing 24 hours each day throughout the three weeks I was there.” Author Mark Danner, writing of the ICRC report in 2009 (see March 15, 2009), will note that the “forced standing” technique. with arms shackled above the head, was a favorite technique of the Soviets, who called it “stoika.” Bin Attash, who had lost a leg fighting in Afghanistan, found the technique particularly painful: “After some time being held in this position my stump began to hurt so I removed my artificial leg to relieve the pain. Of course my good leg then began to ache and soon started to give way so that I was left hanging with all my weight on my wrists. I shouted for help but at first nobody came. Finally, after about one hour a guard came and my artificial leg was given back to me and I was again placed in the standing position with my hands above my head. After that the interrogators sometimes deliberately removed my artificial leg in order to add extra stress to the position.” He is checked periodically by a doctor. The doctor does not object to the ‘forced standing,’ even though the treatment causes intense pain in bin Attash’s leg; neither does the doctor object to the suspension from shackles, even though the shackles cut and abrade his wrists.
Cold Water, Physical Beatings - Bin Attash will tell ICRC officials that he is “washed down with cold water every day.” Every day he is also subjected to beatings: “Every day for the first two weeks I was subjected to slaps to my face and punches to my body during interrogation. This was done by one interrogator wearing gloves.… Also on a daily basis during the first two weeks a collar was looped around my neck and then used to slam me against the walls of the interrogation room. It was also placed around my neck when being taken out of my cell for interrogation and was used to lead me along the corridor. It was also used to slam me against the walls of the corridor during such movements. Also on a daily basis during the first two weeks I was made to lie on a plastic sheet placed on the floor which would then be lifted at the edges. Cold water was then poured onto my body with buckets.… I would be kept wrapped inside the sheet with the cold water for several minutes. I would then be taken for interrogation.”
Moved to Second Facility - It remains unclear where bin Attash is moved to after his initial detention in Afghanistan, but he will tell ICRC officials that his captors there—also Americans—“were rather more sophisticated than in Afghanistan because they had a hose-pipe with which to pour the water over me.” Danner will later note that the methods used to interrogate and torture bin Attash are somewhat more refined than those used on an experimental basis with another al-Qaeda suspect, Abu Zubaida (see April - June 2002). For example, a towel was wrapped around Zubaida’s neck and used to slam him into walls, while bin Attash was given a plastic collar. [New York Review of Books, 3/15/2009]

Entity Tags: International Committee of the Red Cross, Khallad bin Attash, Al-Qaeda, Abu Zubaida, Mark Danner, Central Intelligence Agency

Timeline Tags: Torture of US Captives

Eight high-ranking military lawyers from the Army Judge Advocate General’s office—which historically has ensured that interrogators do not violate prisoners’ rights—visit Scott Horton, head of the New York State Bar Association’s committee on international law, and ask him to persuade the Pentagon to reverse its policy on using “stress and duress” interrogation techniques (see Late 2002-April 2003) (see April 16, 2003). “They were quite blunt,” Horton will recall. “They were extremely concerned about how the political appointees were dealing with interrogation issues. They said this was a disaster waiting to happen and that they felt shut out” from the rules-drafting process. [Washington Post, 5/13/2004; Newsday, 5/15/2004; New Yorker, 5/24/2004] The lawyers describe the new interrogation rules as “frightening,” with the potential to “reverse 50 years of a proud tradition of compliance with the Geneva Conventions.” [USA Today, 5/13/2004] The military lawyers will make another visit to Horton’s office in October (see May 2003).

Entity Tags: Scott Horton

Timeline Tags: Torture of US Captives

Ali Saleh Kahlah Al-Marri, a Qatari citizen and former US college student charged with bank fraud and alleged to be an al-Qaeda sleeper agent (see December 12, 2001), pleads innocent in an Illinois federal court. His court date is set for July 21, but before that can happen, President Bush will designate al-Marri an “enemy combatant” and send him into military custody, where he will be denied access to the US court system (see June 23, 2003). Al-Marri has been in detention in New York City while federal investigators probe his alleged connections to 9/11 hijackers. Al-Marri is charged with credit card fraud (see February 8, 2002) based on his alleged possession of at least 15 unauthorized and counterfeit credit cards; he is alleged to have been part of the al-Qaeda finance network. He is also charged with lying to FBI agents over alleged overseas phone calls to a number associated with an al-Qaeda figure in the United Arab Emirates, Mustafa Ahmed al-Hawsawi, a known al-Qaeda facilitator linked to the 9/11 attacks (see Early-Late June, 2001). Al-Marri is not charged with being personally linked to the attacks. US Attorney Jan Paul Miller says al-Marri has not been charged with a terrorist crime. [Associated Press, 5/29/2003]

Entity Tags: Ali Saleh Kahlah al-Marri, Al-Qaeda, Jan Paul Miller, Mustafa Ahmed al-Hawsawi, George W. Bush, Federal Bureau of Investigation

Timeline Tags: Torture of US Captives

Senator Patrick Leahy, a Democrat from Vermont, sends letters to the White House, the CIA, and the Pentagon with complaints about the treatment of detainees in Afghanistan and “other locations outside the United States.” He writes that according to unnamed officials, the prisoners are being subjected to beatings, lengthy sleep- and food-deprivation, and other “stress and duress” techniques (see April 16, 2003). He asks if these techniques are indeed being employed and urges the administration to issue a clear statement that cruel, inhuman, or degrading treatment of detainees will not be tolerated. The Pentagon and CIA respond with denials that the United States is torturing its prisoners. [Human Rights Watch, 5/7/2004; USA Today, 5/13/2004]

Entity Tags: Patrick J. Leahy

Timeline Tags: Torture of US Captives

At the Camp Whitehorse detention center near Nassiriya, Iraq, US marines beat and choke Najem Sa’doun Hattab, a former Ba’ath Party official, and then drag him by the neck to his cell. Hattab dies from his injuries. [San Diego Union-Tribune, 2/3/2004; Amnesty International, 3/18/2004] His autopsy reveals bone and rib fractures, and multiple bruises over his body. [American Civil Liberties Union, 10/24/2005]

Entity Tags: US Department of the Marines, Najem Sa’doun Hattab

Timeline Tags: Torture of US Captives

Marc Grossman, the undersecretary of state for political affairs, prepares a memo about former ambassador Joseph Wilson’s trip to Niger to ascertain the truth or falsity of claims that Iraq had attempted to purchase uranium from that nation (see February 21, 2002-March 4, 2002). The memo refers explicitly to Wilson’s wife, Valerie Plame Wilson, as a CIA official and identifies her as Wilson’s wife, using the name “Valerie Wilson.” The second paragraph of the memo is marked with an “S,” denoting that Wilson is a covert operative for the agency. [New York Times, 7/16/2005; Rich, 2006, pp. 180]
Memo Based on Information from State Department's Intelligence Bureau - Grossman prepares his memo based on information he receives from Carl Ford of the State Department’s in-house intelligence agency, the Bureau of Intelligence and Research (INR). Ford, in a paragraph marked SNF for “secret, not foreign,” cites “Valerie Wilson, a CIA WMD manager and the wife of Joe Wilson.” [US Department of State, 6/10/2003 pdf file; Washington Post, 7/21/2005]
INR: Wilson a 'Walk On' - The INR report calls Wilson a “walk on,” and goes on to note: “From what we can find in our records, Joe Wilson played only a walk-on part in the Niger/Iraq uranium story. In a February 19, 2002 meeting convened by Valerie Wilson (see February 19, 2002), [a] CIA WMD manager and the wife of Joe Wilson, he previewed his plans and rationale for going to Niger but said he would only go if the department thought his trip made sense.” [US Department of State, 6/10/2003 pdf file; ABC News, 1/24/2007]
Libby Originated Request for Information on Wilsons; Memo Contains Erroneous Material - The memo is prepared by Grossman at the request of the INR; the INR in turn responded to a request from Lewis “Scooter” Libby, the vice president’s chief of staff. The memo claims that Plame Wilson “apparently convened” the CIA meeting that resulted in her husband’s selection for the investigative journey to Niger, a claim that Plame Wilson will later note is erroneous. According to Plame Wilson, Doug Rohn, the INR official who joined the February 2002 CIA meeting about Wilson’s proposed trip (see February 13, 2002), was late to the meeting and was not sure about Plame Wilson’s role. She had already left the meeting by the time Rohn arrived. When Grossman wrote his memo in June 2003, Rohn had left Washington to become the consul general in Karachi, Pakistan. Another analyst, Neil Silver, actually writes the memo for Grossman using Rohn’s old notes. Silver states as a fact that Plame Wilson convened the meeting. Authors Michael Isikoff and David Corn will later write: “Inadvertently, Rohn’s uninformed impression was now portrayed as a hard-and-fast truth. It would soon become, in the hands of White House spinners, a political charge.” The rest of the memo is fairly accurate, Plame Wilson will observe, and notes that, as the INR memo says: “Joe Wilson played only a walk-on part in the Niger-Iraq uranium story.… [H]e previewed his plans and rationale for going to Niger, but said he would only go if the [State] Department thought that his trip made sense.” [Wilson, 2007, pp. 261-262]

Entity Tags: Neil Silver, Marc Grossman, Lewis (“Scooter”) Libby, Central Intelligence Agency, Douglas Rohn, Bureau of Intelligence and Research, Valerie Plame Wilson, David Corn, Joseph C. Wilson, Michael Isikoff

Timeline Tags: Niger Uranium and Plame Outing

John Kiriakou, an executive assistant to the CIA’s Iraq mission manager Robert Grenier, sends out an email asking other CIA officers for information about Ambassador Joe Wilson’s trip to Niger concerning allegations Iraq purchased yellowcake uranium there. The e-mail is sent out in response to a request from Deputy CIA Director John McLaughlin for information Vice President Dick Cheney will want at a meeting scheduled for tomorrow, and is sent “on behalf of the vice president.” The questions concern Wilson’s trip, what the CIA knew of it, and President Bush’s State of the Union address that mentioned the allegations. According to journalist Laura Rozen, “The email makes clear that senior CIA officials, including Kiriakou’s boss [Grenier] and the Deputy Director of Central Intelligence [McLaughlin], did not know who Valerie Wilson was at the time.” [Central Intelligence Agency, 6/10/2003 pdf file; Mother Jones, 12/21/2007] After resigning from the agency, Kiriakou will come to national attention when he makes a crucial intervention in the US debate on the ethics of waterboarding (see December 10, 2007).

Entity Tags: Laura Rozen, Central Intelligence Agency, John E. McLaughlin, Joseph C. Wilson, Richard (“Dick”) Cheney, John Kiriakou

Timeline Tags: Niger Uranium and Plame Outing

Lewis “Scooter” Libby, chief of staff for Vice President Dick Cheney, phones senior CIA official Robert Grenier to ask about a recent trip to Niger by former ambassador Joseph Wilson (see February 21, 2002-March 4, 2002). Libby has just left a meeting with Cheney and Cheney’s press secretary, Cathie Martin. According to later testimony by Grenier (see January 24, 2007), Libby is “anxious” to learn about the trip, and obviously annoyed by Wilson’s claims that he was sent to Niger at the behest of Cheney. Grenier, the official in charge of the CIA’s actions as relating to Iraq, promises to look into the matter, but before he can speak again to Libby, the chief of staff pulls him out of a meeting with CIA Director George Tenet to ask him about Wilson. [Office of the Vice President, 6/11/2003 pdf file; New York Times, 2/4/2007; MSNBC, 2/21/2007; Marcy Wheeler, 6/6/2007]
Libby Discusses Feasibility of Leaking Wilson Info - Grenier will later testify that he had never been pulled out of a meeting with Tenet before. Libby had already asked about Wilson, who was, according to Libby, “going around town and speaking to people in the press” about a mission he’d been sent on by the agency to investigate claims that Iraq had sought to buy yellowcake uranium from Niger (see February 21, 2002-March 4, 2002). Libby tells Grenier to check out Wilson’s story, and find out if Wilson’s claim that his mission was prompted by the Office of the Vice President is true (see (February 13, 2002)). “He sounded a little bit aggrieved,” Grenier will later testify. “There was a slightly accusatory tone in his voice.” This tone suggests to Grenier that Libby “would need this information sooner than later, so he could potentially get out in front of this story.” Later that day, Grenier receives a call from the CIA’s counterproliferation division—Valerie Plame Wilson’s bureau—confirming that Wilson had been sent to Niger by the agency (see Shortly after February 13, 2002). Grenier calls Libby back and relays that information. The State Department and Pentagon were also interested in the results of Wilson’s investigation, Grenier tells Libby. Grenier also tells Libby that Wilson’s wife works in the same CIA unit as the one that sent Wilson to Niger. The information about Wilson and his wife seems to please Libby, Grenier will later recall. Libby speculates as to the feasibility of leaking that information to the press. Grenier contacts CIA public affairs official Bill Harlow and tells Libby, “We can work something out.” Libby then tells Grenier that Martin will coordinate the effort with Harlow and the CIA public affairs office (see 5:27 p.m. June 11, 2003). [Marcy Wheeler, 1/24/2007; ABC News, 1/24/2007; Mother Jones, 1/25/2007]
Grenier Wonders if He Revealed Identity of Agency Official - After hanging up, Grenier will later testify, he feels somewhat guilty, “as if I had said too much.” In particular, he worries that he may have “revealed the identity of an agency officer.” He will testify that such information is something “we normally guard pretty closely. In the CIA our habit is that if we don’t need to say something, we generally don’t.” But, he later says he told himself, “look—this is a senior government official, he probably has every security clearance known to man.” [Marcy Wheeler, 1/24/2007; Mother Jones, 1/25/2007]

Entity Tags: Robert Grenier, Richard (“Dick”) Cheney, Office of the Vice President, Counterproliferation Division, Joseph C. Wilson, Lewis (“Scooter”) Libby, Central Intelligence Agency, George J. Tenet, Valerie Plame Wilson

Timeline Tags: Niger Uranium and Plame Outing

After CIA official Robert Grenier calls Vice President Dick Cheney’s chief of staff, Lewis Libby, with the news that the agency sent former ambassador Joseph Wilson to Niger (see Shortly after February 13, 2002), and Wilson’s wife is a CIA official (see 2:00 p.m. June 11, 2003), CIA spokesman Bill Harlow calls Cheney’s communications director Cathie Martin. In the course of the conversation, Harlow tells Martin that Wilson’s wife works for the CIA. Martin then tells Cheney and Libby about Wilson and Wilson’s wife. [Office of the Vice President, 6/11/2003 pdf file; Marcy Wheeler, 1/24/2007; Marcy Wheeler, 1/25/2007]

Entity Tags: Lewis (“Scooter”) Libby, Bill Harlow, Catherine (“Cathie”) Martin, Central Intelligence Agency, Joseph C. Wilson, Robert Grenier, Richard (“Dick”) Cheney

Timeline Tags: Niger Uranium and Plame Outing

The CIA, the RAND Corporation, and the American Psychological Association host a two-day workshop entitled, “Science of Deception: Integration of Practice and Theory.” One session, “Law Enforcement Interrogation and Debriefing,” explores the question, “What pharmacological agents are known to affect apparent truth-telling behavior?” [American Psychological Association, 6/18/2003; Congressional Quarterly, 4/4/2008] This question becomes more relevant in light of evidence that mind-altering drugs may be used by US interrogators against terror suspects (see April 4, 2008).

Entity Tags: Central Intelligence Agency, RAND Corporation, American Psychological Association

Timeline Tags: Torture of US Captives

Abdul Wali turns himself in to a US base in Asadabad, Afghanistan [CBS News, 6/18/2004] at the request of the Afghan governor of Kunar province. Wali allegedly participated in rocket attacks against the base, which is located in northeast Afghanistan close to the border with Pakistan. During the next two days, according to an indictment, he is “brutally assault[ed]” by David A. Passaro, a private contractor, employed by the CIA, [Guardian, 6/23/2004] who uses “his hands and feet and a large flashlight.” On June 21, Wali dies in detention. The CIA refers the case to the Justice Department in November 2003. Passaro will be indicted with charges of assault in June 2004. [CBS News, 6/18/2004]

Entity Tags: David A. Passaro, Abdul Wali

Timeline Tags: Torture of US Captives, War in Afghanistan

Ali Saleh Kahlah al-Marri.Ali Saleh Kahlah al-Marri. [Source: Slate]A month before he is slated to go on trial for bank and credit card fraud charges (see February 8, 2002), the federal government drops all criminal charges against Ali Saleh Kahlah al-Marri, who has been held without legal representation, and in solitary confinement, since 2001 (see December 12, 2001). [CBS News, 6/23/2003; CBS News, 6/23/2003; CNN, 12/13/2005; Progressive, 3/2007]
'Grave Danger' - President Bush says al-Marri “represents a continuing, present, and grave danger” to the country, and the government designates al-Marri as an “enemy combatant,” alleging that he helped al-Qaeda operatives settle in the US. “Mr. Al-Marri possesses intelligence, including intelligence about personnel and activities of al-Qaeda,” Bush continues, and adds that gaining access to it “would aid US efforts to prevent attacks by al-Qaeda.” [Knight Ridder, 6/24/2003; Progressive, 3/2007] The presidential order says he “engaged in conduct that constituted hostile and war-like acts, including conduct in preparation for acts of international terrorism.” His detention is necessary, the order claims, to prevent him from participating in terrorist activities against the US. The order in effect precludes a pretrial hearing scheduled for July 2 and the start of a formal trial on July 22. [CNN, 6/24/2003]
Alleged Sleeper Agent - The government declaration for al-Marri says he worked as an “al-Qaeda sleeper agent” who was planning to “hack into the computer systems of US banks,” and possibly facilitate a follow up to the 9/11 attacks. For its part, the Defense Department says al-Marri trained at a terror camp in Afghanistan before 9/11, personally met Osama bin Laden, and volunteered for an unspecified “martyr mission.” [CNN, 12/13/2005] Attorney General John Ashcroft will later claim that al-Marri refused repeated offers to cooperate with the FBI; “consequently,” Ashcroft will write, Bush declares him an enemy combatant. Ashcroft will claim that under the laws of war, an enemy combatant can be killed out of hand. Instead, the government will hold al-Marri “without charge or trial until the end of the war.” [Slate, 11/30/2006]
Transferred to Navy Brig - Instead, the “enemy combatant” designation takes al-Marri, a Qatari citizen and legal US resident, out of the civilian criminal justice system and places him under the control of the Defense Department, which immediately transfers him into detention at a Navy brig in South Carolina. He could face a military tribunal or remain in detention indefinitely, without trial. He is only the third person to be publicly named as an enemy combatant, along with US citizens Jose Padilla and Yaser Esam Hamdi.
Fingered by KSM - According to a Justice Department official, al-Marri was “positively identified” as being part of a planned second wave of al-Qaeda terrorist attacks by an “al-Qaeda detainee in a position to know.” Justice officials imply that the detainee to finger al-Marri is senior 9/11 planner Khalid Shaikh Mohammed. [CBS News, 6/23/2003] Another suspected al-Qaeda operative, Mustafa Ahmed al-Hawsawi (see Early-Late June, 2001), is also said to have mentioned him. [CNN, 12/13/2005] Alice Fisher, the deputy assistant attorney general for the Justice Department’s criminal division, says the department did not drop the criminal charges against al-Marri because the case was weak: “We are confident we would have prevailed on the criminal charges. However, setting the criminal charges aside is in the best interests of our national security.” The criminal charges—lying to banks, lying to the FBI, and credit card fraud—could have given al-Marri up to 60 years in prison and $1.75 million in fines. [CBS News, 6/23/2003]
Pleaded Not Guilty - Al-Marri’s lawyer Mark Berman says that his client pleaded not guilty to the criminal charges (see May 29, 2003), and the case was proceeding to trial. “I definitely got the sense they were reluctant to try the case in court,” Berman says. “They’d rather be in a forum where defendants aren’t represented by counsel.” Al-Marri’s wife and five children have left the US. The Saudi Arabian government granted the family passports in February, in spite of a State Department request not to issue the passports, as department officials wanted al-Marri’s wife, who is Saudi, to be available to the FBI for questioning. [Knight Ridder, 6/23/2003] Al-Marri’s lawyers say they are preparing a legal challenge to Bush’s decision. [Knight Ridder, 6/24/2003]

Entity Tags: US Department of Defense, US Department of State, Osama bin Laden, US Department of Justice, Mustafa Ahmed al-Hawsawi, John Ashcroft, Khalid Shaikh Mohammed, Al-Qaeda, Ali Saleh Kahlah al-Marri, Mark Berman, Alice Fisher, George W. Bush, Jose Padilla, Federal Bureau of Investigation, Yaser Esam Hamdi

Timeline Tags: Torture of US Captives, Complete 911 Timeline, Civil Liberties

Department of Defense General Counsel William J. Haynes responds to a letter from Senator Patrick Leahy which asked for clarification on the administration’s interrogation policy (see June 2003). Haynes replies that “it is the policy of the United States to comply with all its legal obligations in its treatment of detainees [and]… to treat all detainees and conduct all interrogations, wherever they may occur” in a manner consistent with US obligations under the Convention Against Torture (see October 21, 1994). He adds that the US “does not permit, tolerate, or condone any such torture by its employees under any circumstances.” He also says that the Fifth, Eighth, and/or Fourteenth Amendments to the Constitution require the US “to prevent other acts of cruel, inhuman, or degrading treatment or punishment which do not amount to torture.” Notably, he does not provide information about the specific interrogation tactics that US forces are permitted to use. “It would not be appropriate to catalogue the interrogation techniques used by US personnel thus we cannot comment on specific cases or practices,” Haynes says. [Human Rights Watch, 5/7/2004; Wall Street Journal, 6/7/2004]

Entity Tags: Patrick J. Leahy, William J. Haynes

Timeline Tags: Torture of US Captives

President Bush issues a proclamation to mark the United Nations International Day in Support of Victims of Torture. Bush states that the US is “committed to the worldwide elimination of torture and we are leading this fight by example.” He vows to prosecute torture and to prevent any “other cruel and unusual punishment.” The CIA’s chief lawyer, Scott Muller, complains to the White House that Bush’s statement could cause CIA interrogators, authorized by Bush to torture suspected al-Qaeda members (see February 7, 2002), to fear that they could be used as scapegoats by the administration. White House officials reassure Muller that despite Bush’s words, the administration still supports the CIA’s torture of prisoners. [New York Times, 5/3/2009]

Entity Tags: Scott Muller, Bush administration (43), George W. Bush, Central Intelligence Agency

Timeline Tags: Torture of US Captives

At Guantanamo, detainee Mohamed al-Khatani is given a tranquilizer, fitted with blackened goggles, and put on a plane. He is told he is being sent to a Middle Eastern country. What happens next is probably equivalent to the technique authorized under the description “false flag” by Defense Secretary Donald Rumsfeld’s April 16, 2003 memo on interrogation methods (see April 16, 2003). The plane returns to Guantanamo several hours later and he is taken to an isolation cell in the base’s brig where he is subjected to harsh interrogation procedures. He is led to believe that his interrogators are Egyptian national security operatives. In order to maintain the deception, the International Committee of the Red Cross (ICRC) is not permitted to visit Khatani during this time. [New York Times, 1/1/2005]

Entity Tags: Mohamed al-Khatani, Donald Rumsfeld, International Committee of the Red Cross

Timeline Tags: Torture of US Captives

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