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Context of 'May 24, 2004: Taguba Report Delivered to Congress; Missing 2000 Pages'

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The US Senate ratifies the international Convention Against Torture, originally proposed by the United Nations in 1985. The treaty bans any officials from signatory nations from inflicting “torture and other cruel, inhuman, or degrading treatment or punishment” on prisoners in order to gain information. It also establishes the UN Committee against Torture (UNCAT). The ban is absolute and cannot be waived: “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.” [United Nations High Commissioner for Human Rights, 12/10/1984; Savage, 2007, pp. 155] The treaty also forbids signatory nations from sending detainees to other countries if there is a reasonable expectation that they may be tortured. [United Nations High Commissioner for Human Rights, 12/10/1984; Human Rights Web, 1/25/1997]

Entity Tags: United Nations Committee against Torture, Convention Against Torture, United Nations

Timeline Tags: Civil Liberties

Law professor John Yoo writes a lengthy essay for the California Law Review entitled “The Continuation of Politics by Other Means: The Original Understanding of War Powers,” in which he argues that the Founding Fathers intended to empower presidents to launch wars without Congressional permission. Yoo has clerked for conservative judge Laurence Silberman and equally conservative Supreme Court Justice Clarence Thomas, and served for a year as counsel to then-Senate Judiciary Committee Chairman Orrin Hatch (R-UT). He has become a regular speaker at Federalist Society events, the informal but influential group of conservative lawyers, judges, and legal scholars who will come to have so much influence in the Bush administration. You argues that for generations, Constitutional scholars have misread the Constitution: the Founders actually supported, not repudiated, the British model of executive power that gave the king the sole power of declaring war and committing forces to battle. The Constitution’s granting of the legislature—Congress—the power to “declare war” is merely, Yoo writes, a reference to the ceremonial role of deciding whether to proclaim the existence of a conflict as a diplomatic detail. The Founders always intended the executive branch to actually declare and commence war, he writes. Most other Constitutional scholars will dismiss Yoo’s arguments, citing notes from the Constitutional Convention that show the Founders clearly intended Congress, not the president, to decide whether to commit the country to war. One of those Founders, James Madison, wrote in 1795 that giving a president the unilateral ability to declare war “would have struck, not only at the fabric of the Constitution, but at the foundation of all well organized and well checked governments. The separation of the power of declaring war from that of conducting it, is wisely contrived to exclude the danger of its being declared for the sake of its being conducted.” [Savage, 2007, pp. 80-81] Yoo will go on to join the Bush administration’s Office of Legal Counsel, and write numerous torture memos (see October 4, 2001, November 6-10, 2001, November 20, 2001, December 21, 2001, December 28, 2001, January 9, 2002, January 11, 2002, January 14, 2002, January 22, 2002, January 24-26, 2002, March 13, 2002, July 22, 2002, August 1, 2002, August 1, 2002, and March 14, 2003) and opinions expanding the power of the president (see September 21, 2001, September 25, 2001, September 25, 2001, October 23, 2001, October 23, 2001, and June 27, 2002).

Entity Tags: Federalist Society, John C. Yoo

Timeline Tags: Civil Liberties

President Bush (below television screen) meeting with the National Security Council in a bunker below the White House. In the far row from left to right, are Attorney General Ashcroft, President Bush, Chief of Staff Card, CIA Director Tenet, and counterterrorism “tsar” Ckarke. In the near row, Secretary of State Powell can be seen waving his hand, and National Security Advisor Rice sits to his right.President Bush (below television screen) meeting with the National Security Council in a bunker below the White House. In the far row from left to right, are Attorney General Ashcroft, President Bush, Chief of Staff Card, CIA Director Tenet, and counterterrorism “tsar” Ckarke. In the near row, Secretary of State Powell can be seen waving his hand, and National Security Advisor Rice sits to his right. [Source: Eric Draper/ White House]President Bush meets with his full National Security Council. According to journalist Bob Woodward, this meeting turns out to be “unwieldy.” So at 9:30 p.m., Bush follows it with a meeting with a smaller group of his most senior principal national security advisers in the Presidential Emergency Operations Center (PEOC) beneath the White House. Bush and his advisers have already decided bin Laden is behind the attacks. As the president later recalls, in these meetings, “That’s when we first got the indication… we’ve identified, we think it’s al-Qaeda.” He says the FBI now thinks that “it’s al-Qaeda, and we start to develop our plans to get them. I mean, there wasn’t any hesitation. We’re starting the process of coalition-building and how to get ‘em.” (According to other accounts, though, the CIA had informed Bush hours earlier that it was virtually certain al-Qaeda was to blame for the attacks (see (3:15 p.m.) September 11, 2001).) CIA Director George Tenet says that al-Qaeda and the Taliban in Afghanistan are essentially one and the same. Tenet says, “Tell the Taliban we’re finished with them.” [Sammon, 2002, pp. 133; Woodward, 2002, pp. 31-33; Washington Post, 1/27/2002] The president says, “I want you all to understand that we are at war and we will stay at war until this is done. Nothing else matters. Everything is available for the pursuit of this war. Any barriers in your way, they’re gone. Any money you need, you have it. This is our only agenda.” When, later in the discussion, Defense Secretary Donald Rumsfeld points out that international law only allows force to prevent future attacks and not for retribution, Bush yells, “No. I don’t care what the international lawyers say, we are going to kick some ass.” [Clarke, 2004, pp. 23-24] Bush will subsequently announce a new US doctrine of preemptive attack the following June (see June 1, 2002). [Time, 6/23/2002] During the meeting, the president refers to the present political situation as a “great opportunity” (see (Between 9:30 p.m. and 10:00 p.m.) September 11, 2001). By the time the meeting ends, it is after 10 p.m. [Sammon, 2002, pp. 133]

Entity Tags: Osama bin Laden, Taliban, National Security Council, Richard A. Clarke, George W. Bush, Donald Rumsfeld, Al-Qaeda, George J. Tenet, Condoleezza Rice

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

The US Congress adopts a joint resolution, the Authorization for Use of Military Force (AUMF), that determines that “the president is authorized to use all necessary and appropriate force against those nations, organizations, or persons he determines planned, authorized, committed, or aided the terrorist attacks that occurred on September 11, 2001, or harbored such organizations or persons, in order to prevent any future acts of international terrorism against the United States by such nations, organizations or persons.” Congress also states that the “grave acts of violence” committed on the US “continue to pose an unusual and extraordinary threat to [its] national security and foreign policy.” [US Congress, 9/14/2001] President Bush signs the resolution into law on September 18. [White House, 9/18/2001] The passage of the AUMF served another purpose: to extend presidential power. While the Defense Department and the Joint Chiefs of Staff intended the AUMF to define the conflict in narrow terms, and authorize the US to move militarily against al-Qaeda and its confederates, and the Taliban, Vice President Dick Cheney and his chief of staff, David Addington, had a larger goal. Attorney Scott Horton, who has written two major studies on interrogation of terrorism suspects for the New York City Bar Association, says in 2005 that Cheney and Addington “really wanted [the AUMF defined more broadly], because it provided the trigger for this radical redefinition of presidential power.” Addington helped draft a Justice Department opinion in late 2001, written by lawyer John Yoo (see Late September 2001), that asserted Congress cannot “place any limits on the president’s determinations as to any terrorist threat, the amount of military force to be used in response, or the method, timing, and nature of the response.” [US News and World Report, 5/21/2006]

Entity Tags: US Department of Defense, Taliban, Scott Horton, Joint Chiefs of Staff, Richard (“Dick”) Cheney, David S. Addington, George W. Bush, John C. Yoo, Al-Qaeda, Authorization to Use Military Force (AUMF)

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

Less than two weeks after 9/11, White House counsel Alberto Gonzales sets up an interagency group to design a strategy for prosecuting terrorists, and specifically asks it to suggest military commissions as one viable option for prosecution of suspected terrorists.
Membership - The initial participants include Gonzales; White House lawyer Timothy Flanigan; Pentagon general counsel William Haynes; the vice president’s chief counsel, David Addington; National Security Council lawyer John Bellinger; and State Department lawyer Pierre-Richard Prosper, a former career prosecutor who now serves as State’s ambassador at large for war crimes issues and who will head the group.
Various Options - The group spends a month in a windowless conference room at State, bringing in experts from around the government, including military lawyers and Justice Department lawyers. The Justice Department advocates regular trials in civilian courts, such as the trials of the 1993 World Trade Center bombers (see February 26, 1993). However, many in the group object, noting that terrorist trials in regular courthouses on US soil pose security risks. The military lawyers propose courts-martial, which can take place anywhere in the world and would have military protection. A third option, military commissions, would offer the security of courts-martial without the established rules of evidence and procedure courts-martial have; setting up such a system might offer more flexibility in trying suspected terrorists, but many in the group wonder if President Bush would require Congressional authorization. Prosper will later recall, “We were going to go after the people responsible for the attacks, and the operating assumption was that we would capture a significant number of al-Qaeda operatives.” In addition to the use of military commissions, the group begins to work out three other options: ordinary criminal trials, military courts-martial, and tribunals with a mixed membership of civilians and military personnel. The option of a criminal trial by an ordinary federal court is quickly brushed aside for logistical reasons, according to Prosper. “The towers were still smoking, literally. I remember asking: Can the federal courts in New York handle this? It wasn’t a legal question so much as it was logistical. You had 300 al-Qaeda members, potentially. And did we want to put the judges and juries in harm’s way?” Despite the interagency group’s willingness to study the option of military commissions, lawyers at the White House, according to reporter Tim Golden, grow impatient with the group. Some of its members are seen to have “cold feet.” [New York Times, 10/24/2004; Savage, 2007, pp. 135]
Parallel Process at White House - Unbeknownst to Prosper’s group, the White House is crafting its own version of military commissions or tribunals (see Late October 2001). When President Bush issues his executive order creating military tribunals (see November 13, 2001), Prosper and his group will first learn about it by watching the nightly news. [Savage, 2007, pp. 138]

Entity Tags: US Department of Justice, US Department of State, William J. Haynes, Timothy E. Flanigan, Pierre-Richard Prosper, John Bellinger, Beth Nolan, Alberto R. Gonzales, Scott McClellan, Jay S. Bybee, John Ashcroft, David S. Addington

Timeline Tags: Torture of US Captives, Civil Liberties

Bradford Berenson.Bradford Berenson. [Source: PBS]In the weeks following 9/11, government lawyers begin to formulate a legal response to the newly perceived threat of terrorism. Four related issues are at hand: forceful prevention, detention, prosecution, and interrogation. What degree of force can the government employ to prevent acts of terrorism or apprehend suspected terrorists? How and where can it best detain terrorists if captured? How can it best bring them to trial? And how can it best obtain information from them on terrorist organizations and plots? These questions are handled in a new atmosphere that is more tolerant towards flexible interpretations of the law. Bradford Berenson, an associate White House counsel at this time, later recalls: “Legally, the watchword became ‘forward-leaning’ by which everybody meant: ‘We want to be aggressive. We want to take risks.’” [New York Times, 10/24/2004] This attitude is seemingly in line with the president’s thinking. Counterterrorism “tsar” Richard Clarke will later recall President Bush saying, “I don’t care what the international lawyers say. We are going to kick some ass” (see (9:00 p.m.-10:00 p.m.) September 11, 2001). [Clarke, 2004, pp. 23-24] At the center of legal reconstruction work are Alberto R. Gonzales, the White House counsel, his deputy Timothy E. Flanigan, and David S. Addington, legal counsel to Vice President Cheney. [New York Times, 12/19/2004] They will find a helpful hand in the Justice Department’s Office of Legal Counsel (OLC), most notably its head, Assistant Attorney General Jay S. Bybee [Los Angeles Times, 6/10/2004] and his deputies John C. Yoo [New York Times, 8/15/2004] and Patrick F. Philbin. Most of the top government lawyers dwell in fairly conservative circles, with many being a member of the Federalist Society, a conservative legal fraternity. Some have clerked for conservative Supreme Court Justices Antonin Scalia and Clarence Thomas, whose ruling effectively lead to the presidency being awarded to George W. Bush after the 2000 presidential election. [New York Times, 10/24/2004] Others worked for Judge Lawrence H. Silberman, who set up secret contacts with the Iranian government under President Reagan leading to the Iran-Contra scandal, and who advised on pursuing allegations of sexual misconduct by President Clinton. [Inter Press Service, 2/6/2004]

Entity Tags: Patrick F. Philbin, Richard A. Clarke, John C. Yoo, Joan Claybrook, Alberto R. Gonzales, Bradford Berenson, Jay S. Bybee, Alan M. Dershowitz, Rena Steinzor

Timeline Tags: Torture of US Captives, Civil Liberties

White House lawyers have become impatient with the interagency group’s (see Shortly Before September 23, 2001) less than full endorsement of the use of military commissions to try suspected terrorists. By late October, Timothy E. Flanigan takes the task of designing a strategy for prosecuting terrorists away from the group and proceeds to focus on military commissions as the only preferable option. The White House lawyers now work more in secret, excluding many agencies and most of the government’s experts in military and international law, but together with the lawyers of the Office of Legal Counsel (OLC), with the intention of drafting a presidential military order. [New York Times, 10/24/2004] There is a remarkable secrecy surrounding the drafting process (see November 11-13, 2001). Both Attorney General John D. Ashcroft and his deputy, Larry D. Thompson, are closely consulted. But the head of the Justice Department’s Criminal Division, Michael Chertoff is kept out of the loop. Secretary of Defense Donald H. Rumsfeld is informed through his general counsel, William J. Haynes. Other Pentagon experts, however, are excluded. [New York Times, 10/24/2004] When the order is signed (see November 13, 2001), many express surprise. “That came like a bolt from the blue,” a former Pentagon official says. “Neither I nor anyone I knew had any insight, any advance knowledge, or any opportunity to comment on the president’s military order.” [Guardian, 6/9/2004] “I can’t tell you how compartmented things were,” retired Rear Adm. Donald J. Guter, the Navy’s Judge Advocate General, later recalls. “This was a closed administration.” [New York Times, 10/24/2004]

Entity Tags: Larry D. Thompson, John Ashcroft, Michael Chertoff, Donald J. Guter, Donald Rumsfeld, William J. Haynes

Timeline Tags: Torture of US Captives, Civil Liberties

John Yoo, a lawyer for the Justice Department’s Office of Legal Counsel and a member of Vice President Cheney’s ad hoc legal team tasked to radically expand the power of the presidency, writes a legal brief declaring that President Bush does not need approval from Congress or the federal courts for denying suspected terrorists access to US courts, and instead can be tried in military commissions (see (After 10:00 a.m.) September 11, 2001). Two other team members, Cheney’s chief of staff David Addington and White House deputy counsel Timothy Flanigan, have decided that the government bureaucrats need to see that Bush can and will act, in the words of author Craig Unger, “without their blessing—and without the interminable process that goes along with getting that blessing.” Yoo’s opinion is a powerful object lesson. Yoo later says that he saw no need to seek the opinion of the State Department’s lawyers; that department hosts the archives of the Geneva Conventions and its lawyers are among the government’s top experts on the laws of war. “The issue we dealt with was: Can the president do it constitutionally?” Yoo will say. “State—they wouldn’t have views on that.” Neither does Yoo see a need to consult with his own superiors at the Justice Department. Attorney General John Ashcroft is livid upon learning that the draft gives the Justice Department no say in which alleged terrorists will be tried in military commissions. According to witnesses, Ashcroft confronts Cheney and David Addington over the brief, reminding Cheney that he is the president’s senior law enforcement officer; he supervises the FBI and oversees terrorism prosecutions throughout the nation. The Justice Department must have a voice in the tribunal process. He is enraged, participants in the meeting recall, that Yoo had recommended otherwise as part of the White House’s strategy to deny jurisdiction to the courts. Ashcroft talks over Addington and brushes aside interjections from Cheney: “The thing I remember about it is how rude, there’s no other word for it, the attorney general was to the vice president,” one participant recalls. But Cheney refuses to acquiesce to Ashcroft’s objections. Worse for Ashcroft, Bush refuses to discuss the matter with him, leaving Cheney as the final arbiter of the matter. In the following days, Cheney, a master of bureaucratic manipulation, will steer the new policy towards Bush’s desk for approval while avoiding the usual, and legal, oversight from the State Department, the Justice Department, Congress, and potentially troublesome White House lawyers and presidential advisers. Cheney will bring the order to Bush for his signature, brushing aside any involvement by Ashcroft, Secretary of State Colin Powell, or National Security Adviser Condoleezza Rice (see November 11-13, 2001). [Unger, 2007, pp. 222-223; Washington Post, 6/24/2007]

Entity Tags: John C. Yoo, Craig Unger, Condoleezza Rice, Colin Powell, David S. Addington, George W. Bush, John Ashcroft, US Department of State, Timothy E. Flanigan, US Department of Justice, Richard (“Dick”) Cheney, Office of Legal Counsel (DOJ)

Vice President Cheney leads a meeting at the White House to put the finishing touches on a draft presidential order establishing military commissions (see Late October 2001 and November 9, 2001). The meeting includes Attorney General John Ashcroft, Defense Department chief counsel William J. Haynes, and several White House lawyers, but leaves out senior officials of the State Department and the National Security Council. Cheney has decided to tell neither National Security Adviser Condoleezza Rice nor Secretary of State Colin Powell about the order until it has already been signed. Cheney has also told no one in the interagency working group ostensibly formulating the administration’s approach to prosecuting terrorists (see Shortly Before September 23, 2001). Ashcroft angrily dissents from Cheney’s plan to give the White House sole authority over the commissions, and invokes his authority as the nation’s top law enforcement official to demand that the Justice Department be given a say in the decision. Cheney overrules Ashcroft’s objections. He will discuss the draft with President Bush over lunch a few days later (see November 11-13, 2001). [New York Times, 10/24/2004; Savage, 2007, pp. 138]

Entity Tags: William J. Haynes, Colin Powell, George W. Bush, John Ashcroft, Condoleezza Rice, Richard (“Dick”) Cheney

Timeline Tags: Torture of US Captives, Civil Liberties

At a private lunch meeting, Vice President Cheney presents President Bush with a four-page memo, written in strict secrecy by lawyer John Yoo of the Justice Department’s Office of Legal Counsel (see November 6-10, 2001), and a draft executive order that establishes military commissions for the trial of suspected terrorists (see November 10, 2001). The legal brief mandates that foreign terrorism suspects held in US custody have no access to any courts whatsoever, civil, criminal, military, domestic, or foreign. They can be detained indefinitely without charges. If they are to be tried, they can be tried in closed “military commissions.” [White House, 11/13/2001; Savage, 2007, pp. 138; Washington Post, 6/24/2007]
Military Commissions Suitable to 'Unitary Executive' Agenda - According to author Craig Unger, military commissions are a key element of Cheney’s drive towards a “unitary executive,” the accretion of governmental powers to the presidency at the expense of the legislative and judicial branches. Federal trials for terror suspects would put them under all the legal procedures provided under the US judicial system, an unacceptable alternative. Military courts-martial would give them the rights granted by the Geneva Conventions. Military commissions, however, are essentially tribunals operating outside of both civilian and military law. Defendants have few rights. Secret evidence can be admitted without being disclosed to the defendants. Hearsay and coerced testimony are admissible. Prisoners can be held indefinitely. [Unger, 2007, pp. 221-222]
No Bureaucratic Footprints - After Bush peruses the memo and the draft order, Cheney takes them back with him to his office. After leaving Bush, Cheney takes extraordinary steps to ensure that no evidence of his involvement remains. The order passes from Cheney to his chief counsel David Addington, and then to associate White House counsel Bradford Berenson. At Berenson, the provenance of the order breaks, as no one tells him of its origin. Berenson rushes the order to deputy staff secretary Stuart Bowen with instructions to prepare it for signature immediately, without advance distribution to Bush’s top advisers. Bowen objects, saying that he had handled thousands of presidential documents without ever sidestepping the strict procedures governing coordination and review. Bowen relents only after being subjected to what he will later recall as “rapid, urgent persuasion” that Bush is standing by to sign and that the order is too sensitive to delay. Berenson will later say he understood that “someone had briefed” Bush “and gone over it” already. “I don’t know who that was.” When it is returned to Bush’s office later in the day, Bush signs it immediately (see November 13, 2001). Virtually no one else has seen the text of the memo. The Cheney/Yoo proposal has become a military order from the commander in chief.
Dodging Proper Channels - The government has had an interagency working group, headed by Pierre Prosper, the ambassador at large for war crimes, working on the same question (see Shortly Before September 23, 2001). But Cheney and Addington have refused to have any contact with Prosper’s group; one of Cheney’s team later says, “The interagency [group] was just constipated.” Cheney leapfrogged over Prosper’s group with their own proposal, performing an adroit bureaucratic move that puts their proposal in place without any oversight whatsoever, and cutting Prosper’s group entirely out of the process. When the news of the order is broadcast on CNN, Secretary of State Colin Powell demands, “What the hell just happened?” An angry Condoleezza Rice, the president’s national security adviser, sends an aide to find out. Virtually no one, even witnesses to the presidential signing, know that Cheney promulgated the order. In 2007, Washington Post reporters Barton Gellman and Jo Becker will call the episode “a defining moment in Cheney’s tenure” as vice president. Cheney has little Constitutional power, but his deft behind-the-scenes manuevering and skilled bureaucratic gamesmanship enable him to pull off coups like this one, often leaving even the highest White House officials none the wiser. “[H]e has found a ready patron in George W. Bush for edge-of-the-envelope views on executive supremacy that previous presidents did not assert,” the reporters write. [White House, 11/13/2001; Unger, 2007, pp. 221-222; Washington Post, 6/24/2007]
Quiet Contravening of US Law - Six years later, Unger will observe that few inside or outside Washington realize that Cheney has, within a matter of days, contravened and discarded two centuries of American law. He has given the president, in the words of former Justice Department lawyer Bruce Fein, “the functions of judge, jury, and prosecutor in the trial of war crimes [and] the authority to detain American citizens as enemy combatants indefinitely… a frightening power indistinguishable from King Louis XIV’s execrated lettres de cachet that occasioned the storming of the Bastille.” [Unger, 2007, pp. 223-224]

Entity Tags: Stuart W. Bowen, Office of Legal Counsel (DOJ), Richard (“Dick”) Cheney, US Department of Justice, John C. Yoo, David S. Addington, George W. Bush, Barton Gellman, Bradford Berenson, Jo Becker, Bruce Fein, Condoleezza Rice, Craig Unger, Colin Powell, Pierre-Richard Prosper

Timeline Tags: Civil Liberties

President Bush issues a three-page executive order authorizing the creation of military commissions to try non-citizens alleged to be involved in international terrorism (see November 10, 2001). The president will decide which defendants will be tried by military commissions. Defense Secretary Rumsfeld will appoint each panel and set its rules and procedures, including the level of proof needed for a conviction. A two-thirds vote is needed to convict a defendant and impose a sentence, including life imprisonment or death. Only the president or the secretary of defense has the authority to overturn a decision. There is no provision for an appeal to US civil courts, foreign courts, or international tribunals. Nor does the order specify how many judges are to preside on a tribunal or what qualifications they must have. [US Department of Defense, 11/13/2001; Washington Post, 11/14/2001; New York Times, 10/24/2004]
Questionable Rule of Evidence Adopted - The order also adopts a rule of evidence stemming from the 1942 Supreme Court case of United States v. Quirin that says evidence shall be admitted “as would… have probative value to a reasonable person.” This rule, according to Judge Evan J. Wallach, “was repeatedly used [in World War II and in the post-war tribunals] to admit evidence of a quality or obtained in a manner which would make it inadmissible under the rules of evidence in both courts of the United States or courts-martial conducted by the armed forces of the United States.” [Wallach, 9/29/2004] Evidence derived from torture, for example, could theoretically be admitted. It should be noted that the order is unprecedented among presidential directives in that it takes away some individuals’ most basic rights, while claiming to have the power of law, with the US Congress not having been so much as consulted.
Specifics Left to Rumsfeld - Bush’s executive order contains few specifics about how the commissions will actually function. Bush will delegate that task to Rumsfeld, although, as with the order itself, White House lawyers will actually make the decision to put Rumsfeld in charge, and Bush will merely sign off on the decision (see March 21, 2002). [Savage, 2007, pp. 138]
Dispute over Trial Procedures - During the next few years, lawyers will battle over the exact proceedings of the trials before military commissions, with many of the military lawyers arguing for more rights for the defendants and with Defense Department chief counsel William J. Haynes, and Justice Department and White House lawyers (including White House counsel Alberto Gonzales, vice presidential counsel David Addington, and Gonzales’ deputy Timothy Flanigan) taking a more restrictive line. [New York Times, 10/24/2004]
Out of the Loop - Both National Security Adviser Condoleezza Rice and Secretary of State Colin Powell were left outside of the circle during the drafting of this directive (see November 6, 2001 and November 9, 2001). Rice is reportedly angry about not being informed. [New York Times, 10/24/2004]
Serious 'Process Failure' - National Security Council legal adviser John Bellinger will later call the authorization a “process failure” with serious long-term consequences (see February 2009).

Entity Tags: George W. Bush, John Bellinger, Donald Rumsfeld, Colin Powell, Condoleezza Rice, David S. Addington, Alberto R. Gonzales, William J. Haynes, Timothy E. Flanigan

Timeline Tags: Torture of US Captives, Civil Liberties

According to a 2009 Senate Armed Services Committee report (see April 21, 2009), the Pentagon begins asking the Joint Personnel Recovery Agency (JPRA) for assistance in developing a set of procedures for “harsh interrogations”—torture—to be used against suspected terrorists captured by US soldiers and intelligence operatives. JPRA has “reverse-engineered” a training program, Survival, Evasion, Resistance, and Escape (SERE), which trains US soldiers to resist torture techniques if captured by an enemy, to produce harsh techniques to be used in interrogating suspected terrorists. [Washington Post, 4/22/2009]
Methods Already in Use - Military interrogators have already begun using the methods inflicted on them during SERE training on their prisoners, and SERE instructors—often having no training in interrogation procedures and no experience with other cultures—have been reassigned as interrogators. [Savage, 2007, pp. 216] The JPRA program will result in the personal approval of 15 “harsh” techniques by Defense Secretary Donald Rumsfeld. The policies will be adopted by US interrogators in Afghanistan, at Abu Ghraib prison in Baghdad, and at Guantanamo. [New York Times, 4/21/2009] In a June 2004 press conference, General James T. Hill, the commander of the US Southern Command (SOCOM), which oversees the Guantanamo detention facility, will say that US officials tapped the “SERE School and developed a list of techniques.” Hill will say that he was reassured by Pentagon officials that the techniques were “legally consistent with our laws.”
Methods Devised to Produce Propaganda, Not Reliable Information - Trained interrogators are, in the words of reporter Charlie Savage, “aghast at this policy.” Savage will write that unlike many Pentagon officials, Special Forces troops, and even SERE instructors, they know full well where SERE techniques originated: from the techniques used by Chinese and North Korean interrogators to torture and brutalize US soldiers during the Korean War. The Koreans and Chinese were experts at coercing American captives to “confess” to “war crimes” and other offenses; those confessions were used for propaganda purposes. “After the war,” Savage will write, the captured soldiers “all told the same story: Chinese interrogators, working with the North Koreans, had put them through a series of sustained torments” identical to those used in SERE training “until their minds had bent and they had made the false confessions.” The stories led to the concept of Chinese “brainwashing” techniques made famous by such books and films as The Manchurian Candidate. In 1963, the CIA concluded that the techniques were virtually useless at producing reliable intelligence, but worked very well in coercing victims to say whatever interrogators wanted them to say. “[U]nder sufficient pressure subjects usually yield but their ability to recall and communicate information accurately is as impaired as the will to resist.” Savage will write, “Neither SERE trainers, who run scenarios by following the instructions in basic military manuals, nor their Special Forces trainees understood that the coercive techniques used in the program were designed to make prisoners lose touch with reality so that they will falsely confess to what their captors want to hear, not for extracting accurate and reliable information.” Colonel Steve Kleinman, the former head of the Air Force’s strategic interrogation program, will later comment: “People who defend this say ‘we can make them talk.’ Yes, but what are they saying? The key is that most of the training is to try to resist the attempts to make you comply and do things such as create propaganda, to make these statements in either written or videotaped form. But to get people to comply, to do what you want them to do, even though it’s not the truth—that is a whole different dynamic than getting people to produce accurate, useful intelligence.” [Savage, 2007, pp. 216-217]

Entity Tags: Steve Kleinman, Central Intelligence Agency, Charlie Savage, US Department of Defense, Donald Rumsfeld, Joint Personnel Recovery Agency, Senate Armed Services Committee, James T. Hill

Timeline Tags: Torture of US Captives

Defense Secretary Donald Rumsfeld makes a public announcement that he is planning to move Taliban and al-Qaeda suspects to the Guantanamo Bay Naval Station. The number of people in US custody and destined for Guantanamo is allegedly small. According to the Chairman of the Joint Chiefs of Staff, Air Force Gen. Richard B. Myers, they number eight individuals aboard the USS Peleliu and 37 at a US base near Kandahar airport. [Dawn (Karachi), 12/28/2001] Troops, earlier stationed at nearby Camp Rhino, where John Walker Lindh was detained, are being transferred to Guantanamo. [GlobalSecurity (.org), 1/15/2005] The reason for choosing Guantanamo for detaining suspected al-Qaeda and Taliban members is unclear. Rumsfeld says: “I would characterize Guantanamo Bay, Cuba, as the least worst place we could have selected. Its disadvantages seem to be modest relative to the alternatives.” [Dawn (Karachi), 12/28/2001] Rumsfeld does not inform reporters of the legal opinion about to be released by the Office of Legal Counsel (OLC) that he feels makes Guantanamo uniquely qualified to serve as a prisoner for terror suspects (see December 28, 2001). According to the OLC opinion, Guantanamo is outside the US itself, so US courts have no jurisdiction to oversee conditions or activities there. It is also not on soil controlled by any other court system. And, unlike other facilities considered for housing terror suspects (see January 11, 2002), Guantanamo is not on the soil of a friendly government with which the US has lease and status of force agreements, but rather on the soil of a hostile Communist government whose predecessor had signed a perpetual lease with the US. The base, therefore, is, according to the OLC, under the sole jurisdiction of the US military and its commander in chief, and not subject to any judicial or legislative review. In 2007, author and reporter Charlie Savage will write, “Guantanamo was chosen because it was the best place to set up a law-free zone.” [Savage, 2007, pp. 145]

Entity Tags: Al-Qaeda, US Department of Defense, Charlie Savage, Richard B. Myers, Taliban, Donald Rumsfeld

Timeline Tags: Torture of US Captives, War in Afghanistan

Deputy Assistant Attorney Generals Patrick Philbin and John Yoo send a memorandum to Pentagon General Counsel William J. Haynes offering the legal opinion that US courts do not have jurisdiction to review the detention of foreign prisoners at Guantanamo Bay. Therefore detentions of persons there cannot be challenged in a US court of law. The memo is endorsed by the Department of Defense and White House legal counsel Alberto Gonzales. [Newsweek, 5/24/2004] The memo addresses “the question whether a federal district court would properly have jurisdiction to entertain a petition for a writ of habeas corpus filed on behalf of an alien detained at the US naval base at Guantanamo Bay, Cuba.” The conclusion of Philbin and Yoo is that it cannot, based primarily on their interpretation of a decision by the US Supreme Court in the 1950 Eisentrager case, in which the Supreme Court determined that no habeas petition should be honored if the prisoners concerned are seized, tried, and held in territory that is outside of the sovereignty of the US and outside the territorial jurisdiction of any court of the US. Both conditions apply to Guantanamo according to Philbin and Yoo. Approvingly, they quote the US Attorney General in 1929, who stated that Guantanamo is “a mere governmental outpost beyond our borders.” A number of cases, quoted by the authors, “demonstrate that the United States has consistently taken the position that [Guantanamo Bay] remains foreign territory, not subject to US sovereignty.” Guantanamo is indeed land leased from the state of Cuba, and therefore in terms of legal possession and formal sovereignty still part of Cuba. But Philbin and Yoo acknowledge a problem with the other condition: namely that the territory is outside the US’s jurisdiction. They claim with certainty that Guantanamo “is also outside the ‘territorial jurisdiction of any court of the United States.’” However, the Supreme Court should not have made a distinction between jurisdiction and sovereignty here; the wording of the decision is really, Philbin and Yoo believe, an inaccurate reflection of its intent: “an arguable imprecision in the Supreme Court’s language.” For that reason, they call for caution. “A non-frivolous argument might be constructed, however, that [Guantanamo Bay], while not be part of sovereign territory of the United States, is within the territorial jurisdiction of a federal court.” [US Department of Justice, 12/28/2001 pdf file]

Entity Tags: John C. Yoo, Alberto R. Gonzales, Patrick F. Philbin, William J. Haynes

Timeline Tags: Torture of US Captives, Civil Liberties

John Yoo, a neoconservative lawyer in the Justice Department’s Office of Legal Counsel serving as deputy assistant attorney general, writes a classified memo to senior Pentagon counsel William J. Haynes, titled “Application of Treaties and Law to al-Qaeda and Taliban Detainees.” [New York Times, 5/21/2004]
Yoo: Geneva Conventions Do Not Apply in War on Terror - Yoo’s memo, written in conjunction with fellow Justice Department lawyer Robert Delahunty, echoes arguments by another Justice Department lawyer, Patrick Philbin, two months earlier (see November 6, 2001). Yoo states that, in his view, the laws of war, including the Geneva Conventions, do not apply to captured Taliban or al-Qaeda prisoners, nor do they apply to the military commissions set up to try such prisoners.
Geneva Superseded by Presidential Authority - Yoo’s memo goes even farther, arguing that no international laws apply to the US whatsoever, because they do not have any status under US federal law. “As a result,” Yoo and Delahunty write, “any customary international law of armed conflict in no way binds, as a legal matter, the president or the US armed forces concerning the detention or trial of members of al-Qaeda and the Taliban.” In essence, Yoo and Delahunty argue that President Bush and the US military have carte blanche to conduct the global war on terrorism in any manner they see fit, without the restrictions of law or treaty. However, the memo says that while the US need not follow the rules of war, it can and should prosecute al-Qaeda and Taliban detainees for violating those same laws—a legal double standard that provokes sharp criticism when the memo comes to light in May 2004 (see May 21, 2004). Yoo and Delahunty write that while this double standard may seem “at first glance, counter-intuitive,” such expansive legal powers are a product of the president’s constitutional authority “to prosecute the war effectively.” The memo continues, “Restricting the president’s plenary power over military operations (including the treatment of prisoners)” would be “constitutionally dubious.” [Mother Jones, 1/9/2002; US Department of Justice, 6/9/2002 pdf file; Newsweek, 5/21/2004; New York Times, 5/21/2004]
Overriding International Legal Concerns - Yoo warns in the memo that international law experts may not accept his reasoning, as there is no legal precedent giving any country the right to unilaterally ignore its commitment to Geneva or any other such treaty, but Yoo writes that Bush, by invoking “the president’s commander in chief and chief executive powers to prosecute the war effectively,” can simply override any objections. “Importing customary international law notions concerning armed conflict would represent a direct infringement on the president’s discretion as commander in chief and chief executive to determine how best to conduct the nation’s military affairs.” [Savage, 2007, pp. 146] The essence of Yoo’s argument, a Bush official later says, is that the law “applies to them, but it doesn’t apply to us.” [Newsweek, 5/21/2004] Navy general counsel Alberto Mora later says of the memo that it “espoused an extreme and virtually unlimited theory of the extent of the president’s commander-in-chief authority.” [Savage, 2007, pp. 181]
White House Approval - White House counsel and future Attorney General Alberto Gonzales agrees (see January 25, 2002), saying, “In my judgment, this new paradigm renders obsolete Geneva’s strict limitations on questioning of enemy prisoners and renders quaint some of its provisions.” [Mother Jones, 1/9/2002]
Spark for Prisoner Abuses - Many observers believe that Yoo’s memo is the spark for the torture and prisoner abuses later reported from Iraq’s Abu Ghraib prison (see Evening November 7, 2003), Guantanamo Bay (see December 28, 2001), and other clandestine prisoner detention centers (see March 2, 2007). The rationale is that since Afghanistan is what Yoo considers a “failed state,” with no recognizable sovereignity, its militias do not have any status under any international treaties. [Newsweek, 5/21/2004; Newsweek, 5/24/2004]
Resistance from Inside, Outside Government - Within days, the State Department will vehemently protest the memo, but to no practical effect (see January 25, 2002).

Entity Tags: Patrick F. Philbin, Robert J. Delahunty, US Department of Justice, Office of Legal Counsel (DOJ), Taliban, John C. Yoo, Colin Powell, Geneva Conventions, Al-Qaeda, George W. Bush, Alberto Mora, US Department of State, Alberto R. Gonzales, William J. Haynes

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

An aerial shot of Camp X-Ray.An aerial shot of Camp X-Ray. [Source: Public domain]The US prison camp at Guantanamo receives its first 20 prisoners from the Afghan battlefield. [Reuters, 1/11/2002] The prisoners are flown on a C-141 Starlifter cargo plane, escorted during the final leg of the journey by a Navy assault helicopter and a naval patrol boat. The prisoners, hooded, shackled, wearing blackout goggles and orange jumpsuits, and possibly drugged, are escorted one by one off the plane by scores of Marines in full battle gear. They are interred in what reporter Charlie Savage will later call “kennel-like outdoor cages” in the makeshift containment facility dubbed Camp X-Ray. [Guardian, 1/11/2002; Savage, 2007, pp. 142-143]
Leaked Photos of Transfer Cause International Outcry - Pictures of prisoners being transferred in conditions clearly in violation of international law are later leaked, prompting an outcry. But rather than investigating the inhumane transfer, the Pentagon will begin investigating how the pictures were leaked. [Associated Press, 11/9/2002]
Guantanamo Chosen to Keep Prisoners out of US Jurisdiction - The prisoners are sent to this base—leased by Cuba to the US—because it is on foreign territory and therefore beyond the jurisdiction of US law (see December 28, 2001). [Globe and Mail, 9/5/2002] It was once a coaling station used by the US Navy, and in recent years had been used by Coast Guard helicopters searching for drug runners and refugees trying to make it across the Florida Straits to US soil. In 1998, the Clinton administration had briefly considered and then rejected a plan to bring some prisoners from Kosovo to Guantanamo. Guantanamo was chosen as an interim prison for Afghanis who survived the uprising at Mazar-e Sharif prison (see 11:25 a.m. November 25, 2001) by an interagency working group (see Shortly Before September 23, 2001), who considered and rejected facilities in Germany and other European countries. Group leader Pierre-Richard Prosper will later recall: “We looked at our military bases in Europe and ruled that out because (a), we’d have to get approval from a European government, and (b), we’d have to deal with the European Court of Human Rights and we didn’t know how they’d react. We didn’t want to lose control over it and have it become a European process because it was on European soil. And so we kept looking around and around, and basically someone said, ‘What about Guantanamo?’” The base may well have not been the final choice of Prosper’s group; it was still researching a Clinton-era attempt to house Haitian and Cuban refugees there that had been challenged in court when Rumsfeld unilaterally made the decision to begin transferring prisoners to the naval base. [Savage, 2007, pp. 143-144]
No Geneva Convention Strictures Apply to 'Unlawful Combatants' - Rumsfeld, acting on the advice of the Justice Department’s Office of Legal Counsel, publicly declares the detainees “unlawful combatants” and thereby not entitled to the rights of the Geneva Conventions. “Unlawful combatants do not have any rights under the Geneva Convention,” Rumsfeld says. Though, according to Rumsfeld, the government will “for the most part treat them in a manner that is reasonably consistent with the Geneva Conventions, to the extent they are appropriate.” [Reuters, 1/11/2002] There is no reason to feel sorry for these detainees, says Gen. Richard B. Myers, chairman of the Joint Chiefs of Staff. He states, “These are people who would gnaw through hydraulic lines at the back of a C-17 to bring it down.” [New York Times, 6/21/2004]
British Officials: 'Scandalous' - Senior British officials privately call the treatment of prisoners “scandalous,” and one calls the refusal to follow the Geneva Convention “not benchmarks of a civilized society.” [Guardian, 6/13/2002]

Entity Tags: US Department of the Navy, United States, US Department of Defense, Pierre-Richard Prosper, Richard B. Myers, Clinton administration, Donald Rumsfeld, Charlie Savage, Guantanamo Bay Naval Base, Office of Legal Counsel (DOJ), Geneva Conventions

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

Siding with the Pentagon and Justice Department against the State Department, President Bush declares the Geneva Conventions invalid with regard to conflicts with al-Qaeda and the Taliban. Secretary of State Colin Powell urges Bush to reconsider, saying that while Geneva does not apply to al-Qaeda terrorists, making such a decision for the Taliban—the putative government of Afghanistan—is a different matter. Such a decision could put US troops at risk. Both Defense Secretary Donald Rumsfeld and Joint Chiefs chairman General Richard B. Myers support Powell’s position. Yet another voice carries more weight with Bush: John Yoo, a deputy in the Justice Department’s Office of Legal Counsel (OLC—see October 23, 2001). Yoo says that Afghanistan is a “failed state” without a functional government, and Taliban fighters are not members of an army as such, but members of a “militant, terrorist-like group” (see January 9, 2002). White House counsel Alberto Gonzales agrees with Yoo in a January 25 memo, calling Yoo’s opinion “definitive.” The Gonzales memo concludes that the “new kind of war” Bush wants to fight should not be equated with Geneva’s “quaint” privileges granted to prisoners of war, or the “strict limitations” they impose on interrogations (see January 25, 2002). Military lawyers dispute the idea that Geneva limits interrogations to recitals of name, rank, and serial number, but their objections are ignored. For an OLC lawyer to override the judgment of senior Cabinet officials is unprecedented. OLC lawyers usually render opinions on questions that have already been deliberated by the legal staffs of the agencies involved. But, perhaps because OLC lawyers like Yoo give Bush the legal opinions he wants, Bush grants that agency the first and last say in matters such as these. “OLC was definitely running the show legally, and John Yoo in particular,” a former Pentagon lawyer will recall. “Even though he was quite young, he exercised disproportionate authority because of his personality and his strong opinions.” Yoo is also very close to senior officials in the office of the vice president and in the Pentagon’s legal office. [Ledger (Lakeland FL), 10/24/2004]
Undermining, Cutting out Top Advisers - Cheney deliberately cuts out the president’s national security counsel, John Bellinger, because, as the Washington Post will later report, Cheney’s top adviser, David Addington, holds Bellinger in “open contempt” and does not trust him to adequately push for expanded presidential authority (see January 18-25, 2002). Cheney and his office will also move to exclude Secretary of State Colin Powell from the decision-making process, and, when the media learns of the decision, will manage to shift some of the blame onto Powell (see January 25, 2002). [Washington Post, 6/24/2007]
Final Decision - Bush will make his formal final declaration three weeks later (see February 7, 2002).

Entity Tags: US Department of Defense, US Department of Justice, Richard B. Myers, US Department of State, Taliban, Office of Legal Counsel (DOJ), John C. Yoo, Alberto R. Gonzales, Richard (“Dick”) Cheney, Colin Powell, Al-Qaeda, Condoleezza Rice, Donald Rumsfeld, John Bellinger, George W. Bush, Geneva Conventions, David S. Addington

Timeline Tags: Torture of US Captives, Civil Liberties

Two weeks after Justice Department lawyers John Yoo and Robert Delahunty write a memo saying that the US should not be bound by international laws covering warfare and torture (see January 9, 2002), White House counsel Alberto Gonzales concurs (see January 25, 2002), saying: “In my judgment, this new paradigm renders obsolete Geneva’s strict limitations on questioning of enemy prisoners and renders quaint some of its provisions.” [Mother Jones, 1/9/2002] But others inside and outside the administration strongly disagree. Many will later point to Yoo and Delahunty’s memo as providing the “spark” for the torture and prisoner abuses reported from Iraq’s Abu Ghraib prison (see Evening November 7, 2003), Guantanamo Bay (see December 28, 2001), and other clandestine prisoner detention centers (see March 2, 2007). Human Rights Watch director Kenneth Roth will call the memo a “maliciously ideological or deceptive” document that ignores US obligations under multiple international agreements. “You can’t pick or choose what laws you’re going to follow,” Roth will observe. “These political lawyers set the nation on a course that permitted the abusive interrogation techniques” disclosed in later months. Scott Horton, president of the International League for Human Rights, agrees. When you read the memo, Horton says, “the first thing that comes to mind is that this is not a lofty statement of policy on behalf of the United States. You get the impression very quickly that it is some very clever criminal defense lawyers trying to figure out how to weave and bob around the law and avoid its applications.” Two days later, the State Department, whose lawyers are “horrified” by the Yoo memo, vehemently disagrees with its position (see January 11, 2002). Three weeks later, State again criticizes the memo (see February 2, 2002). State senior counsel William Howard Taft IV points out that the US depends itself on the even observations of international law, and that following Yoo’s recommendations may undermine attempts to prosecute detainees under that same body of law. Secretary of State Colin Powell “hit[s] the roof” when he reads Gonzales’s response to the Yoo memo, warning that adopting such a legal practice “will reverse over a century of US policy and practice” and have “a high cost in terms of negative international reaction” (see January 26, 2002). The Bush administration will give in a bit to Powell’s position, announcing that it will allow Geneva to apply to the Afghan war—but not to Taliban and al-Qaeda prisoners. State Department lawyers call it a “hollow” victory for Powell, leaving the administration’s position essentially unchanged. [Newsweek, 5/21/2004; Newsweek, 5/24/2004]

Entity Tags: Robert J. Delahunty, Human Rights Watch, Colin Powell, Alberto R. Gonzales, International League for Human Rights, John C. Yoo, Kenneth Roth, William Howard Taft IV, Scott Horton, US Department of State

Timeline Tags: Torture of US Captives, Civil Liberties

In a memo concurrent with the presidential declaration that the Geneva Convention does not apply to Taliban or al-Qaeda fighters (see February 7, 2002), Jay Bybee, the head of the Justice Department’s Office of Legal Counsel, sends a memo to White House counsel Alberto Gonzales. Bybee concludes that President Bush has the legal authority to conclude that Taliban fighters have no rights to prisoner of war status as defined under the Geneva Conventions, because the Taliban lack an organized command structure, do not wear uniforms, and do not consider themselves bound by Geneva. It also concludes that there is no need for the US to convene Article 5 tribunals under Geneva to determine the status of the Taliban, as Bush’s presidential determination of their status eliminates any doubt under domestic law. [US Department of Justice, 2/7/2002 pdf file; American Civil Liberties Union [PDF], 1/28/2009 pdf file]

Entity Tags: George W. Bush, Alberto R. Gonzales, Geneva Conventions, US Department of Justice, Taliban, Office of Legal Counsel (DOJ), Jay S. Bybee

Timeline Tags: Civil Liberties

A suspected Taliban member named Abdullah is taken into US custody, together with 34 other members of the Taliban army. According to Abdullah, the men have their heads hooded and their hands tied behind their backs with plastic zip ties. They are then taken to the US base in Kandahar where for several hours they are ordered to lie down on the stony ground. During this time, Abdullah is kicked in the ribs. The men are shaved of all their facial and body hair. Abdullah later complains that he was shaved by a woman. [Amnesty International, 8/19/2003] This means that the technique of “forced grooming,” authorized by Defense Secretary Donald Rumsfeld for use at Guantanamo between December 2, 2002 and January 15, 2003 (see December 2, 2002), is allegedly already being used in Afghanistan in the spring of 2002. This technique is considered extremely humiliating for Muslim males.

Entity Tags: Donald Rumsfeld

Timeline Tags: Torture of US Captives, War in Afghanistan

The house in Faisalabad, Pakistan, where Abu Zubaida is arrested.The house in Faisalabad, Pakistan, where Abu Zubaida is arrested. [Source: New York Times]Al-Qaeda leader Abu Zubaida is captured in Faisalabad, Pakistan. He is the first al-Qaeda leader considered highly important to be captured or killed after 9/11.
Zubaida Injured during Raid - A joint team from the FBI, the CIA, and the ISI, Pakistan’s intelligence agency, raids the house where Zubaida is staying. Around 3 a.m., the team breaks into the house. Zubaida and three others wake up and rush to the rooftop. Zubaida and the others jump to a neighbor’s roof where they are grabbed by local police who are providing back-up for the capture operation. One of Zubaida’s associates manages to grab a gun from one of the police and starts firing it. A shoot-out ensues. The associate is killed, several police are wounded, and Zubaida is shot three times, in the leg, stomach, and groin. He survives. About a dozen other suspected al-Qaeda operatives are captured in the house, and more are captured in other raids that take place nearby at the same time. [New York Times, 4/14/2002; Suskind, 2006, pp. 84-89] US intelligence had slowly been closing in on Zubaida’s location for weeks, but accounts differ as to exactly how he was found (see February-March 28, 2002). He had surgically altered his appearance and was using an alias, so it takes a few days to completely confirm his identity. [New York Times, 9/10/2006]
Link to Pakistani Militant Group - A later US State Department report will mention that the building Zubaida is captured in is actually a Lashkar-e-Toiba safehouse. Lashkar-e-Toiba is a Pakistani militant group with many links to al-Qaeda, and it appears to have played a key role in helping al-Qaeda operatives escape US forces in Afghanistan and find refuge in Pakistan (see Late 2001-Early 2002). [US Department of State, 4/30/2008]
Rendition - Not long after his arrest, Zubaida is interrogated by a CIA agent while he is recovering in a local hospital (see Shortly After March 28, 2002). He then is rendered to a secret CIA prison, where he is interrogated and tortured (see Mid-May 2002 and After). Throughout his detention, members of the National Security Council and other senior Bush administration officials are briefed about Zubaida’s captivity and treatment. [Senate Intelligence Committee, 4/22/2009 pdf file]
Is Zubaida a High-Ranking Al-Qaeda Leader? - Shortly after the arrest, the New York Times reports that “Zubaida is believed by American intelligence to be the operations director for al-Qaeda and the highest-ranking figure of that group to be captured since the Sept. 11 attacks.” [New York Times, 4/14/2002] But it will later come out that while Zubaida was an important radical Islamist, his importance was probably overstated (see Shortly After March 28, 2002).
Tortured While in US Custody - Once Zubaida has sufficiently recovered from his injuries, he is taken to a secret CIA prison in Thailand for more interrogation. [Observer, 6/13/2004; New York Review of Books, 3/15/2009] One unnamed CIA official will later say: “He received the finest medical attention on the planet. We got him in very good health, so we could start to torture him.” [Suskind, 2006, pp. 94-96, 100] Defense Secretary Donald Rumsfeld publicly vows that Zubaida will not be tortured, but it will later come out that he was (see Mid-May 2002 and After and April - June 2002). [New York Times, 4/14/2002]

Entity Tags: Pakistan Directorate for Inter-Services Intelligence, National Security Council, Donald Rumsfeld, Lashkar-e-Toiba, Central Intelligence Agency, Federal Bureau of Investigation, Al-Qaeda, Bush administration (43), Abu Zubaida

Timeline Tags: Torture of US Captives, Complete 911 Timeline

Instructors from the Joint Personnel Recovery Agency (JPRA), which oversees the military’s Survival, Evasion, Resistance, and Escape (SERE) training program, conduct a training seminar for intelligence officials. JPRA officials, including senior psychologist Bruce Jessen, have proposed a set of interrogation procedures that amounts to torture (see January 2002 and After and April 16, 2002), and the JPRA instructors are now training CIA and other agency officials in those procedures. Two JPRA legal advisers tell the group that such harsh interrogation methodologies are already deemed acceptable, even though the Justice Department has not yet issued such approval (see August 1, 2002). The lawyers tell the seminar participants, “They [interrogators] could use all forms of psychological pressure discussed, and all the physiological pressures with the exception of the ‘water board.’” The lawyers say that waterboarding might also be permitted, but interrogators “would need prior approval.” [Washington Post, 4/22/2009] During the seminar, CIA agents are given two days of training in waterboarding (see July 1-2, 2002). In 2009, the media learns that Jessen and his partner, James Mitchell, are paid $1,000 a day for the training (see April 30, 2009).

Entity Tags: US Department of Justice, James Elmer Mitchell, Central Intelligence Agency, Bruce Jessen, Joint Personnel Recovery Agency

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

Justice Department lawyer John Yoo, of the Office of Legal Counsel (OLC), signs off on a secret opinion that approves a long, disturbing list of harsh interrogation techniques proposed by the CIA. The list includes waterboarding, a form of near-drowning that some consider mock execution, and which has been prosecuted as a war crime in the US since at least 1901. The list only forbids one proposed technique: burying a prisoner alive (see February 4-5, 2004). Yoo concludes that such harsh tactics do not fall under the 1984 Convention Against Torture (see October 21, 1994 and July 22, 2002) because they will not be employed with “specific intent” to torture. Also, the methods do not fall under the jurisdiction of the International Criminal Court because “a state cannot be bound by treaties to which it has not consented”; also, since the interrogations do not constitute a “widespread and systematic” attack on civilian populations, and since neither Taliban nor al-Qaeda detainees are considered prisoners of war (see February 7, 2002), the ICC has no purview. The same day that Yoo sends his memo, Yoo’s boss, OLC chief Jay Bybee, sends a classified memo to the CIA regarding the interrogation of al-Qaeda members and including information detailing “potential interrogation methods and the context in which their use was contemplated” (see August 1, 2002). [US Department of Justice, 8/1/2002; Washington Post, 6/25/2007; American Civil Liberties Union [PDF], 1/28/2009 pdf file] Yoo will later claim that he warns White House lawyers, as well as Vice President Cheney and Defense Secretary Donald Rumsfeld, that it would be dangerous to allow military interrogators to use the harshest interrogation techniques, because the military might overuse the techniques or exceed the limitations. “I always thought that only the CIA should do this, but people at the White House and at [the Defense Department] felt differently,” Yoo will later say. Yoo’s words are prophetic: such excessively harsh techniques will be used by military interrogators at Guantanamo, Abu Ghraib, and elsewhere. [Washington Post, 6/25/2007]

Entity Tags: US Department of Defense, Richard (“Dick”) Cheney, Bush administration (43), Central Intelligence Agency, Convention Against Torture, Donald Rumsfeld, Office of Legal Counsel (DOJ), US Department of Justice, John C. Yoo

Timeline Tags: Torture of US Captives, Civil Liberties

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

As Bush administration lawyers warn that Vice President Cheney and his Pentagon allies are setting the government up for defeat in the courts with their hardline advice on interrogation techniques (see Late 2001-Early 2002, January 25, 2002, April 2002 and After, and August 1, 2002) and indefinite detentions (see After September 11, 2001 and December 2001-January 2002), one of the uneasiest of Justice Department lawyers is Solicitor General Theodore Olson. Cheney and Olson have similar views on the expansion of presidential powers, but his job in the administration is to win court cases. Olson is not sure that Cheney’s legal arguments are tenable. Olson is particularly worried about two pending cases, those of US citizens Jose Padilla (see June 10, 2002) and Yaser Esam Hamdi (see December 2001 and August 16, 2002). Both have been declared enemy combatants and denied access to lawyers. Olson warns that federal courts will not go along with that provision, but he finds himself opposed by CIA and Pentagon officials. When Olson and other lawyers propose that Padilla and Hamdi be granted lawyers, Cheney’s chief lawyer, David Addington, beats back their proposal because, says deputy White House counsel Timothy Flanigan, “that was the position of his client, the vice president.” The issue comes to a head in the West Wing office of Alberto Gonzales, the White House’s chief legal counsel. Four officials with direct knowledge of the meeting later recall the chain of events. Olson has the support of associate White House counsel Bradford Berenson, a former law clerk to Supreme Court Justice Anthony Kennedy. Berenson says that Kennedy, the Court’s swing vote, will never accept absolute presidential authority to declare a US citizen an enemy and lock him away without benefit of counsel. Another former Kennedy law clerk, White House lawyer Brett Kavanaugh, had made the same argument earlier. Addington, representing Cheney in the meeting, accuses Berenson of surrendering presidential authority on what he calls a fool’s prophecy about the Court; Berenson retorts by accusing Addington of “know-nothingness.” Gonzales listens quietly as the Justice Department and his own staff line up against Addington. He finally makes a decision: in favor of Cheney and Addington. [Washington Post, 6/25/2007]

Entity Tags: US Department of Defense, Brett Kavanaugh, Bradford Berenson, Alberto R. Gonzales, Central Intelligence Agency, Theodore (“Ted”) Olson, David S. Addington, Richard (“Dick”) Cheney, US Department of Justice, Jose Padilla, Yaser Esam Hamdi, Timothy E. Flanigan

Timeline Tags: Civil Liberties

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

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

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

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

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

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

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

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

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

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

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

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

According to journalist Seymour Hersh, by the summer of 2003, US-led forces have conquered Iraq but it becomes increasingly obvious that there is a growing insurgency movement. However, the US knows very little about the insurgency. A secret military report from the time states, “Human intelligence is poor or lacking… due to the dearth of competence and expertise.” Defense Secretary Donald Rumsfeld and his close assistant Under-Secretary of Defense for Intelligence Steven Cambone try to solve this problem by authorizing increasingly aggressive interrogation of detainees in Iraq prisons. Maj. Gen. Geoffrey Miller, commander of the Guantanamo (or “Gitmo”) prison in Cuba, comes to Iraq with a plan to “Gitmoize” the prisons in Iraq to make them more geared towards interrogation (see August 31, 2003-September 9, 2003). A former intelligence official will later tell Hersh, “They weren’t getting anything substantive from the detainees in Iraq. No names. Nothing that they could hang their hat on. Cambone says, I’ve got to crack this thing and I’m tired of working through the normal chain of command. I’ve got this apparatus set up—the black special-access program—and I’m going in hot.” The program mentioned is Operation Copper Green, which allows secret task forces to capture and interrogate wanted figures with very little oversight, and which is expanded to Iraq around this time. This official continues, “And it’s working. We’re getting a picture of the insurgency in Iraq and the intelligence is flowing into the white world. We’re getting good stuff. But we’ve got more targets” - meaning Iraqi detainees -“than people who can handle them.” As a result, Cambone decides to include some of the military intelligence officers working in the Iraqi prisons in the special access programs that are a part of Operation Copper Green. “So here are fundamentally good soldiers—military-intelligence guys—being told that no rules apply. And, as far as they’re concerned, this is a covert operation, and its’ to be kept within Defense Department channels.” As a result, more and more people, including the MPs (military police) pictured in the later Abu Ghraib abuse photographs, get involved in these covert programs that have almost no accountability and the stage is set for abuses to occur. The official says, “as soon as you enlarge the secret program beyond the oversight capability of experienced people, you lose control.” By the end of 2003, this official claims that senior CIA officials were complaining. “They said, ‘No way. We signed up for the core program in Afghanistan—pre-approved for operations against high-value terrorist targets—and now you want to use it for cabdrivers, brothers-in-law, and people pulled off the streets.’” The CIA supposedly ends its involvement with the covert programs in Iraqi prisons, although exactly when this happens is not clear. [New Yorker, 5/24/2004]

Entity Tags: Geoffrey D. Miller, Donald Rumsfeld, Seymour Hersh, Operation Copper Green, Stephen A. Cambone

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

The 519th Military Intelligence Battalion produces a memo laying down new “Interrogation Rules of Engagement” (IROE), for use in its new mission in Iraq. [US Department of the Army, 3/9/2004] The person apparently mostly responsible for writing the memo is Cpt. Carolyn A. Wood, formerly in charge of military intelligence interrogators at Bagram, which serves as the main screening area in Afghanistan. [Guardian, 6/23/2004] Col. Billy Buckner, the chief public affairs officer at Fort Bragg, home to the 519th Military Intelligence Battalion, later says that Wood brought the interrogations rules used at Bagram with her to Iraq. [Associated Press, 5/24/2004] But the rules are also adapted and made somewhat less aggressive. “Those rules were modified,” according to Buckner, “to make sure the right restraints were in place.” [Guardian, 6/23/2004] The modifications nevertheless fall outside normal military doctrine. According to a classified portion of the later Fay report (see August 25, 2004), the memo allows the “use of stress positions during fear-up harsh interrogation approaches, as well as presence of military working dogs, yelling, loud music,… light control,” sleep management, and isolation. [New York Review of Books, 10/7/2004] The memo is adopted from interrogation procedures known as “Battlefield Interrogation Team and Facility Policy,” in use by a secretive unit called Joint Task Force (JTF) 121 , that is active in both Iraq and Afghanistan. The 519th Military Intelligence Battalion worked in close cooperation with Special Operations Forces like JTF-121 during its tour in Afghanistan, and “at some point,” according to the Fay report, it “came to possess the JTF-121 interrogation policy.” [New York Times, 8/27/2004] Cpt. Wood adopts the JTF-121 policy “almost verbatim.” [New York Times, 8/27/2004] Like the highest US command in Iraq, the 519th Military Intelligence Battalion apparently believes the standard Army Field Manual is an insufficient guideline for interrogations. Interrogation techniques falling outside the scope of standard military doctrine have already been devised at the Pentagon, but only for use in Afghanistan and Guantanamo Bay. These “non-doctrinal approaches, techniques, and practices,” according to Gen. George R. Fay, nevertheless, become “confused at Abu Ghraib.” [US Department of the Army, 3/9/2004] JTF-121 consists of CIA officials and Special Operations troops, including soldiers from the Army’s Delta Force and Navy Seals. The unit is later alleged to have been instrumental in the capture of Saddam Hussein. [New York Times, 5/17/2004]

Entity Tags: Troy Armstrong, George R. Fay, Saddam Hussein, Carolyn A. Wood

Timeline Tags: Torture of US Captives

Map of the US-occupied “Green Zone” inside Baghdad.Map of the US-occupied “Green Zone” inside Baghdad. [Source: Representational Pictures]There is a growing realization within the Department of Defense that the militant resistance in Iraq against the US and British occupation has been underestimated. An internal Pentagon document notes: “Their ability to attack convoys, other vulnerable targets and particular individuals has been the result of painstaking surveillance and reconnaissance. Inside information has been passed on to insurgent cells about convoy/troop movements and daily habits of Iraqis working with coalition from within the Iraqi security services, primarily the Iraqi Police force which is rife with sympathy for the insurgents, Iraqi ministries and from within pro-insurgent individuals working with the CPA’s so-called Green Zone…. Politically, the US has failed to date. Insurgencies can be fixed or ameliorated by dealing with what caused them in the first place. The disaster that is the reconstruction of Iraq has been the key cause of the insurgency. There is no legitimate government, and it behooves the Coalition Provisional Authority to absorb the sad but unvarnished fact that most Iraqis do not see the Governing Council as the legitimate authority. Indeed, they know that the true power is the CPA.” The report emphasizes that intelligence on the people involved in Iraq’s domestic uprising is insufficient. “Human intelligence is poor or lacking… due to the dearth of competence and expertise…. The intelligence effort is not coordinated since either too many groups are involved in gathering intelligence or the final product does not get to the troops in the field in a timely manner.” [New Yorker, 5/24/2004] The study is a contributing factor in the decision by the civilian leadership of the Pentagon to seek “actionable intelligence” from detainees being held in Iraq’s detention facilities (see August 31, 2003-September 9, 2003). [New Yorker, 5/24/2004]

Entity Tags: US Department of Defense

Timeline Tags: Torture of US Captives, Iraq under US Occupation

Defense Secretary Donald Rumsfeld directs his undersecretary of defense for intelligence, Stephen Cambone, to send Maj. Gen. Geoffrey Miller to Iraq to review the US military prison system in Iraq and make suggestions on how the prisons can be used to obtain “actionable intelligence” from detainees. Cambone passes the order on to his deputy Lt. Gen. William Boykin who meets with Miller to plan the trip. [Washington Post, 5/21/2004; Newsweek, 5/24/2004]

Entity Tags: William Boykin, Stephen A. Cambone, Donald Rumsfeld, Geoffrey D. Miller

Timeline Tags: Torture of US Captives, Events Leading to Iraq Invasion

The “Hard Site” at Abu Ghraib is officially opened for use. Maj. Gen. George R. Fay, who much later reports (see August 25, 2004) on what happens at the prison, will say he believes the opening of the Hard Site “marked the beginning of the serious abuse that occurred.” [US Department of the Army, 3/9/2004]

Entity Tags: George R. Fay

Timeline Tags: Torture of US Captives

Geoffrey Miller.Geoffrey Miller. [Source: US Army]Major General Geoffrey Miller, who oversees the prison at Guantanamo (see November 4, 2002), flies to Iraq for a 10-day consulting trip (see August 18, 2003). He is part of a team “experienced in strategic interrogation… to review current Iraqi theater ability to rapidly exploit internees for actionable intelligence” and to review the arrangements at the US military prisons in Iraq. [Washington Post, 5/9/2004; New Yorker, 5/17/2004; Washington Post, 8/24/2004; Savage, 2007, pp. 190] The team consists of 17 interrogation experts from Guantanamo Bay, and includes officials from the CIA and the Defense Intelligence Agency (DIA). [Washington Post, 6/12/2004]
Attempt to Increase Flow of 'Actionable Intelligence' - The Pentagon’s decision to dispatch the team on this mission was influenced by the military’s growing concern that the failure of coalition forces to quell resistance against the occupation was linked to a dearth in “actionable intelligence” (see August 2003). [New Yorker, 5/24/2004] Miller has therefore come to help Brigadier General Barabara Fast improve the results of her interrogation operations. More to the point, he is supposed to introduce her to the techniques being used at Guantanamo. [New Yorker, 6/21/2004; Signal Newspaper, 7/4/2004] Officials are hoping detainees will provide intelligence on weapons of mass destruction and Saddam Hussein, who is still on the loose. [Washington Post, 5/16/2004]
'Gitmoizing' Abu Ghraib - “[Miller] came up there and told me he was going to ‘Gitmoize’ the detention operation,” Brigadier General Janis L. Karpinski, later recalls. [Washington Post, 5/9/2004] Miller will later deny he used the word “Gitmoize.” [Washington Post, 5/12/2004] During Miller’s visit, a Joint Interrogation and Debriefing Center (JIDC) is established in order to centralize the intelligence operations at the prison. Captain Carolyn A. Wood is made officer in charge (OIC) of the Interrogation Coordination Element (ICE), within the JIDC. [US Department of Defense, 8/23/2004 pdf file] Before returning to Washington, Miller leaves a list of acceptable interrogation techniques—based on what has been used in Guatanamo—posted on a wall in Abu Ghraib, which says that long term isolation, sleep disruption, “environmental manipulation,” and “stress positions” can be used to facilitate interrogations, but only with the approval of Lieutenant General Ricardo Sanchez on a case-by-case basis. [Washington Post, 5/21/2004] The use of dogs is also included, even though the technique was banned at Guantanamo eight months before by Defense Secretary Donald Rumsfeld (see January 15, 2003). [Washington Post, 7/19/2004; US Department of Defense, 8/23/2004 pdf file] Karpinski later recalls, “He said they are like dogs and if you allow them to believe at any point that they are more than a dog then you’ve lost control of them.” [BBC, 6/15/2004] Miller’s visit to Iraq heralds some significant changes, which include, first, the introduction of more coercive interrogation tactics; second, the taking control of parts of the Abu Ghraib facility by military intelligence; and third, the use of MPs in the intelligence collection process. During his visit, Miller discusses interrogation techniques with military intelligence chief Colonel Thomas M. Pappas. [New York Times, 5/13/2004]
'Snowballing' Effect of Chaos, Brutality - “The operation was snowballing,” Samuel Provance, a US military intelligence officer, will later recall, describing the situation at Abu Ghraib after Miller’s visit. “There were more and more interrogations. The chain of command was putting a lot of resources into the facility.” And Karpinski will later say that she was being shut out of the process at about this time. “They continued to move me farther and farther away from it.” [Washington Post, 5/20/2004] Major General Anthony Taguba (see March 9, 2004) will later determine that Miller’s visit helped bring about the complete breakdown of discipline at the prison: “Interrogators actively requested,” at Miller’s behest, “that MP guards set physical and mental conditions for favorable interrogations of witnesses.” In essence, Miller tells guards to “soften up” prisoners so they will not be able to resist their inquisitors. Miller will later deny any responsibility for the Abu Ghraib torture program (see May 4, 2004). [Savage, 2007, pp. 190]

Entity Tags: Barbara G. Fast, Antonio M. Taguba, Carolyn A. Wood, Samuel Provance, Janis L. Karpinski, Thomas M. Pappas, Geoffrey D. Miller

Timeline Tags: Torture of US Captives

In an interview, the US officer in charge of interrogations at Abu Ghraib acknowledges that, as per the directive from Defense Secretary Rumsfeld (see December 2, 2002), detainees are subjected to stress positioning. Stress positions are a violation of the Geneva Conventions. [Huffington Post, 4/21/2009]

Entity Tags: Geneva Conventions, Donald Rumsfeld

Timeline Tags: Torture of US Captives

Rumsfeld visiting Abu Ghraib (his jacket is held over his back in both pictures). Karpinski is in both pictures as well. Rumsfeld visiting Abu Ghraib (his jacket is held over his back in both pictures). Karpinski is in both pictures as well. [Source: Associated Press (top) and CBC (bottom)]Defense Secretary Donald Rumsfeld visits the Abu Ghraib prison in Iraq. He is guided by Brig. Gen. Janis Karpinski. It is not known otherwise who he visits, how long he stays there, or what is discussed. [New York Times, 5/14/2004] However, his visit comes exactly at the time (late August-early September 2003) that Rumsfeld expands Operation Copper Green to Iraq, allowing interrogators to use more aggressive techniques, such as sexual humiliation (see (Late August 2003 or September 2003)). Rumsfeld’s visit also comes in the middle of a week-long visit to Abu Ghraib by Maj. Gen. Geoffrey D. Miller, who is there with a team pushing for more aggressive interrogation techniques in order to get more actionable intelligence out of the detainees (see August 31, 2003-September 9, 2003).

Entity Tags: Donald Rumsfeld, Janis L. Karpinski

Timeline Tags: Torture of US Captives

Shortly after Major General Geoffrey Miller’s visit (see August 31, 2003-September 9, 2003) to Iraq, three “Tiger Teams,” consisting of six personnel, arrive at the Abu Ghraib prison facility. Each team consists of an interrogator, analyst, and linguist, who work together as a team. The use of Tiger Teams is an approach that has been successfully used at the Guantanamo detention facility. Gen. George R. Fay, in his later report (see August 25, 2004), will say he believes the Tiger Team concept was not appropriate for Abu Ghraib, because the “method was designed to develop strategic level information,” instead of tactical intelligence. [US Department of Defense, 8/23/2004 pdf file]

Entity Tags: George R. Fay, Geoffrey D. Miller

Timeline Tags: Torture of US Captives

Maj. Michael D. Thompson arrives at Abu Ghraib at the request of Col. Thomas M. Pappas to develop the Joint Interrogation and Debriefing Center (JIDC), formally established during Major General Geoffrey Miller’s 10-day visit (see August 31, 2003-September 9, 2003). By December 2003, the JIDC will have a total of approximately 160 personnel including 45 interrogators and 18 translators. [US Department of Defense, 8/23/2004 pdf file]

Entity Tags: Michael D. Thompson, Thomas M. Pappas, Geoffrey D. Miller

Timeline Tags: Torture of US Captives

The legal experts at the Office of the Staff Judge Advocate (OSJA) issue a memorandum amending the set of interrogation rules included in a September 10 memo (see September 10, 2003) by military legal experts in Iraq. The additional methods included in that memo can only be used with prior approval by Lieutenant General Ricardo Sanchez on a case-by-case basis, the OSJA document says. [US Department of Defense, 8/23/2004 pdf file] Like Major General Geoffrey Miller, the OSJA stresses the importance of collaboration between MPs and intelligence personnel. It also provides “safeguards such as legal reviews of the interrogation plans and scrutiny of how they were carried out,” the Washington Post later reports. [Washington Post, 6/12/2004] Additionally, the memo discusses how the Arab fear of dogs can be exploited. [US Department of Defense, 8/23/2004 pdf file] According to a later report (see August 25, 2004) by General George R. Fay, interrogators at Abu Ghraib immediately adopt the new set of rules. But Staff Judge Advocate Colonel Mark Warren will recall that the memo is not implemented until its approval by the US Central Command (CENTCOM). [US Department of Defense, 8/23/2004 pdf file] Evidence, however, supports the Fay report. “After mid-September 2003,” Fay will write, “all [s]oldiers assigned to Abu Ghraib had to read a memorandum titled IROE [Interrogations Rules of Engagement], acknowledging they understood the ICRP, and sign a confirmation sheet indicating they had read and understood the ICRP.” [US Department of Defense, 8/23/2004 pdf file] According to classified documents uncovered by the Senate Armed Services Committee (see April 21, 2009), CENTCOM lawyers begin objecting to the policies almost immediately. One e-mail, from a CENTCOM lawyer to a Staff Judge Advocate, warns, “Many of the techniques appear to violate [Geneva Conventions] III and IV and should not be used.” [Huffington Post, 4/21/2009]

Entity Tags: George R. Fay, Senate Armed Services Committee, Geoffrey D. Miller, Marc Warren, Ricardo S. Sanchez

Timeline Tags: Torture of US Captives

Steven L. Jordan.Steven L. Jordan. [Source: Associated Press]Lt. Col. Steven L. Jordan arrives at the Abu Ghraib prison compound in Iraq and is appointed as the director of the Joint Interrogation and Debriefing Center (JDIC). Jordon, an inexperienced military officer, will leave the “actual management, organization, and leadership of the core of his responsibilities” to Maj. Michael D. Thompson and Capt. Carolyn A. Wood, an investigation will later conclude. [US Department of Defense, 8/23/2004 pdf file]

Entity Tags: Michael D. Thompson, Steven L. Jordan, Carolyn A. Wood

Timeline Tags: Torture of US Captives

A mortar attack kills two soldiers at Abu Ghraib, and injures Lt. Col. Steven L. Jordan and ten other soldiers. Jordan, who has only just arrived at the prison (see September 17, 2003), is extremely traumatized by the deaths of the two soldiers, one of whom suffered immensely. Two Iraqis, a man and a woman, are quickly apprehended on suspicion of involvement in the mortar attack and brought to the prison where a team of military intelligence soldiers and the MP Internal Reaction Force (IRF) are waiting for them. Two military intelligence soldiers yell at the man and begin hitting him, while he remains passive and handcuffed. MP 1st Lt. David Sutton intervenes and stops the beating. The detainee is released later in the day when his involvement in the attack is determined unlikely. The abuse is subsequently reported to Forward Operating Base (FOB) Commander Lt. Col. Jerry L. Phillabaum. The MPs and five military intelligence soldiers who were present at the incident all provide witness statements. Interestingly, as Maj. Gen. George R. Fay later relates (see August 25, 2004), “While the MP statements all describe abuse at the hands of an unidentified MI [Military Intelliigence] person…, the MI statements all deny any abuse occurred.” Phillabaum reports the incident to the Criminal Investigation Division (CID), which determines there are insufficient grounds for prosecution. [US Department of Defense, 8/23/2004 pdf file]

Entity Tags: George R. Fay, Jerry L. Phillabaum, David Sutton, Steven L. Jordan

Timeline Tags: Torture of US Captives

Several military lawyers make a second visit (see May 2003) to 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 April 16, 2003). “They were quite blunt,” Horton will say, recalling the two visits. “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” of the rules-drafting process. [Washington Post, 5/13/2004; Newsday, 5/15/2004; New Yorker, 5/24/2004]

Entity Tags: Scott Horton

Timeline Tags: Torture of US Captives

Jack Goldsmith succeeds Jay Bybee as the head of the Justice Department’s Office of Legal Counsel (OLC). The OLC essentially performs two functions: advising the executive branch on the legal limits of presidential power, and crafts legal justifications for the actions of the president and the executive branch. Goldsmith, who along with fellow Justice Department counsel and law professor John Yoo, is seen as one of the department’s newest and brightest conservative stars. But instead of aiding the Bush administration in expanding the power of the executive branch, Goldsmith will spend nine tumultuous months battling the White House on issues such as the NSA’s warrantless wiretapping program, the administration’s advocacy of torture in the interrogation of terrorism suspects, and the extralegal detention and military tribunals of “enemy combatants.” Goldsmith will find himself at odds with Yoo, the author of two controversial OLC memos that grant the US government wide latitude in torturing terror suspects (see January 9, 2002 and August 1, 2002), with White House counsel and future attorney general Alberto Gonzales, and with the chief aide to Vice President Dick Cheney, David Addington, who along with Cheney is one of the strongest advocates of the so-called “unitary executive” theory of governance, which says the president has virtually unlimited powers, especially in the areas of national security and foreign policy, and is not always subject to Congressional or judicial oversight. Within hours of Goldsmith’s swearing-in, Goldsmith receives a phone call from Gonzales asking if the Fourth Geneva Convention, which protects civilians in war zones such as Iraq, covers terrorists and insurgents as well. Goldsmith, after intensive review with other lawyers in and out of the Justice Department, concludes that the conventions do indeed apply. Ashcroft concurs. The White House does not. Goldsmith’s deputy, Patrick Philbin, says to Goldsmith as they drive to the White House to meet with Gonzales and Addington, “They’re going to be really mad. They’re not going to understand our decision. They’ve never been told no.” Philbin’s prediction is accurate; Addington is, Goldsmith recalls, “livid.” The physically and intellectually imposing Addington thunders, “The president has already decided that terrorists do not receive Geneva Convention protections. You cannot question his decision.” Addington refuses to accept Goldsmith’s explanations. Months later, an unmollified Addington will tell Goldsmith in an argument about another presidential decision, “If you rule that way, the blood of the hundred thousand people who die in the next attack will be on your hands.” These initial encounters set the tone for Goldsmith’s stormy tenure as head of the OLC. Goldsmith will lead a small group of administration lawyers in what New York Times Magazine reporter Jeffrey Rosen calls a “behind-the-scenes revolt against what [Goldsmith] considered the constitutional excesses of the legal policies embraced by his White House superiors in the war on terror,” Goldsmith will resign in June of 2004 (see June 17, 2004). [New York Times Magazine, 9/9/2007]

Entity Tags: Richard (“Dick”) Cheney, US Department of Justice, Office of Legal Counsel (DOJ), John C. Yoo, Jack Goldsmith, David S. Addington, Alberto R. Gonzales, National Security Agency, Jay S. Bybee, John Ashcroft, Jeffrey Rosen

Timeline Tags: Civil Liberties

Amjed Isail Waleed arrives at Abu Ghraib and is designated a high-value detainee and assigned number 151365. [US Department of Defense, 8/23/2004 pdf file] He is immediately taken to the Hard Site and beaten by MPs. [Rolling Stone, 7/28/2004] Guards “put me in a dark room and started hitting me in the head and stomach and legs,” he later testifies. [Rolling Stone, 7/28/2004] He is then forced to strip and for five days he is left naked in his cell [Washington Post, 5/21/2004] where he is cuffed in stressful positions, a treatment known as “high cuffed.” [US Department of Defense, 8/23/2004 pdf file] He is also forced to kneel with a bag over his head for four hours, denied bedding or blankets, [Washington Post, 5/21/2004] and chained to a window in his cell and forced to wear women’s underwear on his head. [US Department of Defense, 8/23/2004 pdf file] One time a soldier slams Waleed’s head against the wall, causing the hood he is wearing to fall off. “One of the police was telling me to crawl, in Arabic, so I crawled on my stomach, and the police were spitting on me when I was crawling and hitting me on my back, my head, and my feet. It kept going on until their shift ended at four o’clock in the morning. The same thing would happen in the following days.” Later, one day in November, five soldiers take him into a room, put a bag over his head and begin to beat him up. “I could see their feet, only, from under the bag.… Some of the things they did was make me sit down like a dog, and they would hold the string from the bag, and they made me bark like a dog, and they were laughing at me.” [Rolling Stone, 7/28/2004] A civilian interpreter, hired from Titan Corp., at one time hits him so hard, that he cuts his ear badly enough to require stitches. After several beatings that are so severe that he loses consciousness, he is forced to lie on the ground, while MPs jump onto his back and legs. [US Department of Defense, 8/23/2004 pdf file] “One of the police was pissing on me and laughing at me.” [Rolling Stone, 7/28/2004] Another day he is allegedly grabbed by US soldiers who hold him down and spread his legs. Another soldier meanwhile starts to open his trousers. “I started screaming,” he recalls. A soldier steps on his head. [Washington Post, 5/21/2004] He is also beaten with a broom. [US Department of Defense, 8/23/2004 pdf file] Someone breaks a chemical light and pours the liquid over his body, which is witnessed by another detainee. “I was glowing and they were laughing,” he says. [Washington Post, 5/21/2004] He is then taken to another room where a police baton is used to sodomize him. “And one of the police, he put a part of his stick that he always carries inside my ass, and I felt it going inside me about two centimeters, approximately. And I started screaming, and he pulled it out and he washed it with water inside the room.” [Rolling Stone, 7/28/2004] In the meantime, two female MPs are hitting him, throwing a ball at his penis, and taking photographs. [US Department of Defense, 8/23/2004 pdf file] “And the two American girls that were there when they were beating me, they were hitting me with a ball made of sponge on my dick. And when I was tied up in my room, one of the girls, with blond hair, she is white, she was playing with my dick. I saw inside this facility a lot of punishment just like what they did to me and more. And they were taking pictures of me during all these instances.” [Rolling Stone, 7/28/2004] Over the next few months, Waleed is subjected to six interrogations. Maj. George R. Fay (see August 25, 2004) will later conclude after an investigation into treatment of detainees at Abu Ghraib, “It is highly probable [the detainee’s] allegations are true.” [US Department of Defense, 8/23/2004 pdf file]

Entity Tags: George R. Fay, Amjed Isail Waleed, Titan

Timeline Tags: Torture of US Captives

An Abu Ghraib memo on Interrogation Rules of Engagement is distributed to military intelligence officers at Abu Ghraib. The memo, which all military intelligence officers are required to sign, includes a detailed description of the acceptable interrogation methods that were approved in September (see September 10, 2003) (see September 14-17, 2003). The memo’s detailed list includes “the use of yelling, loud music, a reduction of heat in winter and air conditioning in summer,…. ‘stress positions’ for as long as 45 minutes every four hours,” and “dietary manipulation.” The memo also allows officers to remove “incentive items” from detainees such as religious material. [Washington Post, 6/12/2004] It permits for the “presence of working dogs” and the confining of detainees in isolation cells, “in some cases without a prior approval from General [Ricardo S. ] Sanchez.” [New York Times, 5/22/2004] The approved policy now includes 32 interrogation techniques that can, with only the consent of the interrogation officer in charge, be used at any time at Abu Ghraib. [Washington Post, 6/12/2004] The document also states that “at no time will detainees be treated inhumanely nor maliciously humiliated.” [Washington Post, 5/16/2004]

Entity Tags: Ricardo S. Sanchez

Timeline Tags: Torture of US Captives

Lt. Gen. Ricardo Sanchez writes a classified memo calling for a “harmonization” of policing and intelligence tasks at Abu Ghraib in order to ensure “consistency with the interrogation policies… and maximize the efficiency of the interrogation.” [Washington Post, 5/16/2004] The memo instructs that intelligence is to work more closely with military police in order to “manipulate an internee’s emotions and weaknesses” by controlling the detainee’s access to “lighting, heating,… food, clothing, and shelter.” [Washington Post, 5/21/2004] It says that “it is imperative that interrogators be provided reasonable latitude to vary their approach” according to the prisoner’s background, strengths, resistance, and other factors. [Washington Post, 5/16/2004] The memo is a revision of Gen. Geoffrey Miller’s September 9 memo (see September 9, 2003), which included a list of acceptable interrogation techniques. Sanchez’s memo, however, drops the list replacing it with a general statement that “anything not approved, you have to ask for,” and adding that the detainees must be treated humanely and that any dogs used during the interrogations must be muzzled. [Washington Post, 5/16/2004; Washington Post, 5/21/2004] Larry Wilkerson, the chief of staff to Secretary of State Colin Powell, later says that such instructions are well understood to be honored on paper only. He will say, “When you read [a memo like this], you read, for example, that dogs can be used but they have to be muzzled. Well, I’m a soldier. I know what that means to an E-6 [noncommissioned officer] that is trying to question a guy and he’s got a German shepherd with a muzzle on there. If that doesn’t work, the muzzle comes off. If that doesn’t work, you kind of let the dog leap at the guy and maybe every now and then take a bite out of him (see November 20, 2003). It’s a very careful crafting of a memo… ” [Dubose and Bernstein, 2006, pp. 191-192]

Entity Tags: Ricardo S. Sanchez, Lawrence Wilkerson

Timeline Tags: Torture of US Captives

Abu Ghraib prisoner Abd Alwhab Youss is punished after guards accuse him of plotting to attack an MP with a broken toothbrush that he allegedly sharpened to make a weapon. [US Department of Defense, 8/23/2004 pdf file] In the MP log book, Staff Sgt. Ivan Frederick writes that the detainee should be kept naked in his cell for six days. Youss, who denies having made the weapon, is denied the privilege of a mattress as well. The following day, he is cuffed to his cell door for several hours. Afterwards, MPs take him into a closed room, pour cold water on him, push his face into someone’s urine and beat him with a broom. Then a female soldier “pressed my _ss with a broom and spit on it,” Youss claims. [Rolling Stone, 7/28/2004] Meanwhile she stands on his legs. For the next three days, he is left naked only during the night. During the day an MP will hand him his clothes back. Gen. George R. Fay in his later report (see August 25, 2004), notes, “It is plausible his interrogators would be unaware of the alleged abuse.” [US Department of Defense, 8/23/2004 pdf file]

Entity Tags: Ivan L. Frederick II, Abd Alwhab Youss

Timeline Tags: Torture of US Captives

Three Abu Ghraib detainees naked and cuffed together.Three Abu Ghraib detainees naked and cuffed together. [Source: Public domain]Three detainees at Abu Ghraib, suspected of having raped a male teenage detainee, are set aside for punishment and stripped by MPs. Pfc. Lynndie England describes the scene, apparently talking about Spc. Charles Graner and Staff Sgt. Ivan L. Frederick II: “They started to handcuff the two rapist[s] together in odd positions/ways. Once the two were handcuffed together, the third guy was brought over and handcuffed between the other two. Then they were laying on the floor handcuffed together, so all the other prisoners could see them. Cpl. Graner and Staff Sgt. Frederick then asked me to start taking pictures with the camera.” [International Committee of the Red Cross, 2/24/2004 pdf file]

Entity Tags: Ivan L. Frederick II, Lynndie England, Charles Graner

Timeline Tags: Torture of US Captives

Lynndie England drags a detainee known as Gus by a leash around the neck. Megan Ambuhl looks on.Lynndie England drags a detainee known as Gus by a leash around the neck. Megan Ambuhl looks on. [Source: Public domain]At the Abu Ghraib prison, three detainees who were photographed naked the day before (see October 24, 2003), are again striped naked, handcuffed together, placed on the ground, and forced to lie on top of each other and simulate sex acts while they are being photographed. This treatment happens, according to a CID (Criminal Investigation Division) investigation, “on several occasions over several days.” Those present or participating in the abuse are the MPs Spc. Charles Graner, Ivan Frederick, Pfc. Lynndie England, and Spc. Sabrina Harman, all of the 372nd MP Company. Also directly involved are three military intelligence soldiers from the 325th Military Intelligence Battalion. Two of the military intelligence soldiers arrive at the Hard Site when the abuse is already taking place. One appears to have known beforehand that something was going to happen. [Washington Post, 5/22/2004] When they arrive, one MP is yelling through a megaphone at the naked detainees, who are forced to crawl on their stomachs and are handcuffed together. Gen. George Fay will later conclude in his report (see August 25, 2004) that this incident “was most likely orchestrated by MP personnel.” On the other hand, England says, “MI [Military Intelligence] Soldiers instructed them [MPs] to rough them up.” One of the most clearly humiliating photographs taken at Abu Ghraib is also dated October 25. It depicts an unidentified naked detainee, nicknamed “Gus,” with a leash around his neck and with the end held by Pfc. England. Spc. Megan Ambuhl is also present, watching. According to England, Cpl. Graner put on the leash and then asked her to pose for the photograph. [US Department of Defense, 8/23/2004 pdf file]

Entity Tags: George R. Fay, Sabrina Harman, Megan Ambuhl, Ivan L. Frederick II, Charles Graner, Lynndie England

Timeline Tags: Torture of US Captives

Major General Marshal Donald Ryder files a report on the prison system in Iraq, as requested by Lt. Gen. Ricardo S. Sanchez earlier in the fall (see Late January 2004). He concludes that there are potential systemic human rights, training, and manpower issues that need immediate attention at Abu Ghraib. But he also says that he found “no military police units purposely applying inappropriate confinement practices.” [US Department of the Army, 3/9/2004] Ryder suggests that the problem may stem from methods used in Afghanistan where MPs have worked with intelligence operatives to “set favorable conditions for subsequent interviews.” He recommends that military police no longer participate in military intelligence supervised interrogations. Guidelines need to be drawn up that “define the role of military police soldiers… clearly separating the actions of the guards from those of the military intelligence personnel,” he says. [New Yorker, 5/10/2004; New Yorker, 5/17/2004] An investigation by Gen. Antonio M. Taguba completed next year (see March 9, 2004) will come to the same conclusion. “I concur fully with MG Ryder’s conclusion regarding the effect of AR 190-8. Military Police, though adept at passive collection of intelligence within a facility, should not participate in military intelligence supervised interrogation sessions. Moreover, Military Police should not be involved with setting ‘favorable conditions’ [emphasis by Taguba] for subsequent interviews. These actions… clearly run counter to the smooth operation of a detention facility.” [US Department of the Army, 3/9/2004] Ryder does not appear to report on actual instances of prisoner abuse and downplays the gravity of the situation, saying it has not yet reached a crisis point. [New Yorker, 5/10/2004; New Yorker, 5/17/2004] Ryder’s report also notes that a great number of people being held in the Iraq prison system appear to be innocent of any crime. It notes that some Iraqis have been held for several months for nothing more than expressing displeasure or ill will towards US troops (see February 2004).

Entity Tags: Antonio M. Taguba, Ricardo S. Sanchez, Donald J. Ryder

Timeline Tags: Torture of US Captives

Top: Charles Garner punches one of the seven detainees. Bottom: Lynndie England points at the word “Rapeist” written on the leg of another one of the seven detainees. Other detainees are forced to sit naked on each other in the background.Top: Charles Garner punches one of the seven detainees. Bottom: Lynndie England points at the word “Rapeist” written on the leg of another one of the seven detainees. Other detainees are forced to sit naked on each other in the background. [Source: Public domain]At Abu Ghraib, seven Iraqi detainees are brought to Cellblock 1A from one of the tent camps escorted by MPs. The seven Iraqis are suspected of having taken part in a fight. They include Nori al-Yasseri, detainee number 7787; Hussein Mohssein Mata al-Zayiadi, detainee number 19446; and four others known only by their first names: Haidar, Ahmed, Ahzem, Hashiem and Mustafa. [Washington Post, 5/21/2004; US Department of Defense, 8/23/2004 pdf file] At least one of them was detained on suspicion of car theft. [Los Angeles Times, 10/21/2004] When they arrive, they all have their hands tied behind their backs with plastic handcuffs. Empty sandbags (“gunnysacks”) are put over their heads. [Rolling Stone, 7/28/2004] According to an account later provided by MP Spc. Matthew Wisdom, the other MPs suddenly begin striking at the prisoners. Spc. Charles Graner, Staff Sgt. Ivan Frederick and Sgt. Javal Davis “rotate around the detainees and abuse and hit them,” Wisdom later testifies. Graner poses for a photograph with his fist, clenched as if about to strike, close to a detainee’s head. “Right after the picture [is] taken, he actually hit[s] him,” Wisdom says in his testimony. [Los Angeles Times, 8/5/2004] The MPs then throw the tied-up Iraqi men against the walls until they fall on the floor. Wisdom later recounts, “Sfc [Sgt. First Class] Snider grabbed my prisoner and threw him into a pile.” [New Yorker, 5/10/2004] Pfc. Lynndie England, who had her birthday the day before and has come to the cellblock to visit her boyfriend Spc. Graner, says the prisoners fall in what she calls a “dog pile.” [Rolling Stone, 7/28/2004] According to Wisdom, he sees “Staff Sgt. Frederic, Davis and Cpl. Graner walking around the pile hitting the prisoners.” [New Yorker, 5/10/2004] Several guards take turns leaping on top of the pile. Also present is Spc. Jeremy Sivits, who later testifies: “That is when Sgt. Davis ran across the room and lunged in the air and landed in the middle of where the detainees were. I believe Davis ran across the room a total of two times and landed in the middle of the pile of detainees.” [Washington Post, 5/22/2004] “A couple of the detainees kind of made an ‘ah’ sound, as if this hurt them or caused them some type of pain.” In the meanwhile Pfc. England and Sgt. Javal Davis stomped on the lying prisoners’ fingers and feet. Sivits heard them scream because of it. [Rolling Stone, 7/28/2004] The alleged car thief later testified during Frederick’s trial, he felt someone putting his foot on his head when he was thrown into the pile of men. “He put his whole weight on my head and on my knee. I was screaming and crying.” [Los Angeles Times, 10/21/2004] At this point, MP Sgt. Shannon K. Snider of the 372nd MP Company, who is working in an office on the top floor, hearing the cries of pain, leans over the railing and angrily yells at Sgt. Davis to stop abusing the prisoners. When Davis steps away from the pile of men, Snider leaves. “I believe that Sgt. Snider thought it was an isolated incident,” Sivits says, “and that when he ordered Sgt. Davis to stop, it was over.” [Rolling Stone, 7/28/2004] It was not. Testimony by Spc. Wisdom suggests some ringleaders among the MPs pressured the others to join in with the abuse. According to Wisdom, he too asked Davis not to stomp on toes. Davis then allegedly tells Wisdom: “Who are you to tell me to stop?” [Los Angeles Times, 8/5/2004] Wisdom witnesses Frederick hitting a prisoner “in the side of his chest.” [New Yorker, 5/10/2004; Los Angeles Times, 8/5/2004] Frederick then takes notice of Wisdom looking on. Wisdom testifies that Frederick “looked at me and said: ‘Wisdom, you’ve got to get some of this,’ meaning I should hit the detainees as well.” [Los Angeles Times, 8/5/2004] According to Wisdom’s account, he goes outside after this incident, [New Yorker, 5/10/2004] and proceeds to alert his team leader Sgt. Robert Jones. [Los Angeles Times, 8/5/2004] After Snider has left the scene, and possibly Wisdom as well, the MPs put the prisoners back to their feet and remove their handcuffs. Graner orders the detainees in Arabic to take their clothes off. Graner takes the head of one of the naked but hooded prisoners in one arm and smashes his free fist into his temple, causing the prisoner to sag down on the floor. “Damn, that hurt!” Graner says jokingly. Sivits walks over to see if the detainee is still alive. “I could tell that the detainee was unconscious, because his eyes were closed and he was not moving, but I could see his chest rise and fall, so I knew he was still alive.” Maybe this is the same incident witnessed by Wisdom, as perhaps is the following. Staff Sgt. Ivan Frederick writes an X on another detainee’s chest with his finger and says, “Watch this.” Then he punches the prisoner on the indicated spot so massively that the hooded prisoner sways backward, falls to his knees and is gasping for air. [Rolling Stone, 7/28/2004] Frederick has singled out the alleged car thief for extra punishment. “I stood him up and punched him in the chest. I was angry. They told me he was the ringleader. He hit a female soldier in the face with a rock.” [Los Angeles Times, 10/21/2004] Sivits testifies that Frederick says that “he thought he put the detainee in cardiac arrest.” [Rolling Stone, 7/28/2004] When the detainee subsequently collapses, he is checked by a female medic. She says he is “faking.” [Los Angeles Times, 10/21/2004] The seven detainees will continue to be abused into the night and will be forced to form naked human pyramids (see Evening November 7, 2003).

Entity Tags: Jeremy C. Sivits, Matthew Wisdom, Lynndie England, Nori al-Yasseri, Javal Davis, Mustafa, Sabrina Harman, Robert Jones II, Ivan L. Frederick II, Hashiem, Haydar Sabbar Abed, Ahmed, Hussein Mohssein Mata Al-Zayiadi, Charles Graner, Ahzem, Haidar, George R. Fay, New Yorker, Shannon K. Snider

Timeline Tags: Torture of US Captives

Top: the seven detainees are forced to form a human pyramid. Charles Graner and Sabrina Harman stand behind them smiling and giving thumbs up signs. Bottom: Some of the same detainees are forced to simulate oral sex on each other. Top: the seven detainees are forced to form a human pyramid. Charles Graner and Sabrina Harman stand behind them smiling and giving thumbs up signs. Bottom: Some of the same detainees are forced to simulate oral sex on each other. [Source: Public domain]At Abu Ghraib, seven Iraqi detainees are brought to Cellblock 1A from one of the tent camps escorted by MPs. The seven Iraqis are suspected of having taken part in a fight. They include Nori al-Yasseri, Hussein Mohssein Mata al-Zayiadi, and four others known only by their first names: Haidar, Ahmed, Ahzem, Hashiem and Mustafa. [Washington Post, 5/21/2004; US Department of Defense, 8/23/2004 pdf file] They are repeatedly punched and attacked by Staff Sgt. Ivan L. Frederick, Spc. Charles Graner, and other MPs (see Evening November 7, 2003). The MPs then take out their cameras to take pictures of the seven naked men and begin putting them in humiliating poses, often placing themselves in the picture as well, smiling. Graner makes them climb on top of each other to form a human pyramid, as is reported by Spc. Sabrina Harman. [Washington Post, 5/22/2004; Rolling Stone, 7/28/2004] “They put us two on the bottom, two on top of them, and two on top of those and on top,” Al-Zayiadi will say. [Washington Post, 5/21/2004] “The pyramid lasted about 15 to 20 minutes,” according to Harman. [Washington Post, 5/22/2004] The prisoners are also made to crawl on hands and knees with MPs riding on their backs. [Rolling Stone, 7/28/2004] “They were sitting on our backs like riding animals,” Al-Zayiadi says. Meanwhile, others are taking photographs. [Washington Post, 5/21/2004] Frederick then takes hold of the prisoner whom he has singled out for additional punishment and motions him to masturbate. “I grabbed his arm by the elbow, put it on his genitals and moved it back and forth with an arm motion, and he did it.” [Los Angeles Times, 10/21/2004] He makes another detainee do the same. “I lifted his hood and gave him a hand gesture, telling him to keep doing it himself.” [New York Times, 10/21/2004] Spc. Matthew Wisdom, who complained to his team leader Sgt. Robert Jones earlier in the evening about the treatment of the detainees, returns to Tier 1A to find a naked detainee being forced to masturbate in front of another naked detainee on his knees before him. “I saw two naked detainees,” Wisdom will later recall, “one masturbating to another kneeling with its mouth open. I thought I should just get out of there. I didn’t think it was right.” [New Yorker, 5/10/2004] According to Wisdom, Frederick says to him: “Look what these animals do when we leave them alone for two seconds.” [New Yorker, 5/10/2004; Los Angeles Times, 8/5/2004] Meanwhile, Pfc. Lynndie England makes sexually suggestive comments “in a somewhat sarcastic, fun tone of voice,” according to Wisdom. [Los Angeles Times, 8/5/2004] “I heard Pfc. England shout out, ‘He’s getting hard.’” [New Yorker, 5/10/2004] Again Wisdom leaves the building to tell Sgt. Jones, who assures him the “problem [will] be addressed and dealt with,” [Los Angeles Times, 8/5/2004] and Wisdom assumes that the problem will be taken care of. [New Yorker, 5/10/2004] Others, meanwhile, are lined up and forced to masturbate. These facts are corroborated by photographs that show the MPs laughing as they look on. [Rolling Stone, 7/28/2004] Al-Zayiadi later identifies himself in one of these pictures. “They told my friend to masturbate and told me to masturbate also, while they were taking pictures,” he says. [Washington Post, 5/21/2004] In the end, Al-Zayiadi says they are tossed naked but still hooded into a cell. “They opened the water in the cell and told us to lay face down in the water and we stayed like that until the morning, in the water, naked, without clothes.” [Washington Post, 5/21/2004] One of the seven prisoners is likely Haydar Sabbar Abed who says he was originally arrested for not carrying his ID card. After being involved in a fight with an Iraqi prison employee in one of the tent camps, he is taken to the Hard Site. He later recalls: “They cut off our clothes and… told us to masturbate towards this female soldier. But we didn’t agree to do it, so they beat us.” He also says: “They made us act like dogs, putting leashes around our necks. They’d whistle and we’d have to bark like dogs. We thought they were going to kill us.” [BBC, 8/4/2004] The next day, Wisdom asks for and is granted a transfer to a job elsewhere in the prison. Although he and Sgt. Jones say they have been angered by the abuse, they do little more than mildly confront their colleagues with their objections. [Los Angeles Times, 8/5/2004] To the detainees, the experience has been harrowing. Al-Yasseri will later call it a “night which we felt like 1,000 nights.” “I was trying to kill myself,” says Al-Zayiadi, “but I didn’t have any way of doing it.” [Rolling Stone, 7/28/2004] Gen. George Fay will also describe these incidents in his report (see August 25, 2004), which he concludes was an the affair of MPs alone. He states that military intelligence “involvement in this abuse has not been alleged nor is it likely.” However, one of the pictures taken that night, depicting the “human pyramid,” is later used as a screen saver for a computer in the Hard Site. The screen saver is later seen by a female military intelligence interrogator, but she states, according to Gen. Fay, that she did not report the picture because she did not see it again. The same interrogator, Fay will report, had a “close personal relationship” with Staff Sgt. Frederick, [US Department of Defense, 8/23/2004 pdf file] one of the main instigators of the abuse that night.

Entity Tags: Javal Davis, Ivan L. Frederick II, Jeremy C. Sivits, Matthew Wisdom, Shannon K. Snider, Hussein Mohssein Mata Al-Zayiadi, Lynndie England, Nori al-Yasseri, Mustafa, Haydar Sabbar Abed, George R. Fay, Haidar, New Yorker, Hashiem, Ahmed, Charles Graner, Ahzem, Sabrina Harman, Robert Jones II

Timeline Tags: Torture of US Captives

Lynndie England smiling at pointing at the penis of one of the Abu Ghraib detainees.Lynndie England smiling at pointing at the penis of one of the Abu Ghraib detainees. [Source: Public domain]Seven Iraqi detainees in Abu Ghraib prison have been punched, attacked, and humiliated all evening long on November 7, 2003, by their US captors (see Evening November 7, 2003 and Evening November 7, 2003). This abuse continues into the early morning hours of November 8. Pfc. Lynndie England is photographed pointing at the penises of several of the same seven detainees while Charles Graner and other MPs look on. [Salon, 3/14/2006]

Entity Tags: Ahmed, Nori al-Yasseri, Lynndie England, Mustafa, Haydar Sabbar Abed, Ahzem, Charles Graner, Haidar, Hussein Mohssein Mata Al-Zayiadi, Hashiem, Ivan L. Frederick II

Timeline Tags: Torture of US Captives

Thomas Pappas.Thomas Pappas. [Source: US Army]The office of Lt. Gen. Ricardo Sanchez formally puts Col. Thomas M. Pappas of 205th Military Intelligence Brigade in charge of cell blocks 1A and 1B in the Abu Ghraib prison. As Gen. Antonio Taguba will note in his February 26, 2004 (see February 26, 2004) report, the order “effectively made an MI Officer, rather than an MP officer, responsible for the MP units conducting detainee operations at that facility. This is not doctrinally sound due to the different missions and agenda assigned to each of these respective specialties.” [New York Times, 5/12/2004; Washington Post, 5/16/2004; New Yorker, 5/17/2004; Newsweek, 5/24/2004] Maj. Gen. Antonio M. Taguba will also note: “[T]he intelligence value of detainees held at… Guantanamo is different than that of the detainees/internees held at Abu Ghraib and other detention facilities in Iraq…. There are a large number of Iraqi criminals held at Abu Ghraib. These are not believed to be international terrorists or members of al-Qaeda.” The report will say also that the order was in conflict with existing military regulations and suggests that Sanchez’s recommendation had influenced the conditions at Abu Ghraib.

Entity Tags: Ricardo S. Sanchez, Antonio M. Taguba, Thomas M. Pappas

Timeline Tags: Torture of US Captives

An Abu Ghraib detainee bleeding after being biting by a dog on December 12, 2003.An Abu Ghraib detainee bleeding after being biting by a dog on December 12, 2003. [Source: Public domain]Dog teams arrive at Abu Ghraib and “almost immediately” are used against the detainees (see November 24, 2003). Gen. George Fay’s investigation (see August 25, 2004) of Abu Ghraib abuses will conclude that, “The use of dogs in interrogations to ‘fear up’ detainees was generally unquestioned.” Most military intelligence personnel apparently believe dogs can be used in interrogations with specific approval from Col. Thomas M. Pappas. [US Department of Defense, 8/23/2004 pdf file] According to Sgt. Michael J. Smith and Sgt. Santos A. Cardona, they are acting under instructions from Col. Thomas M. Pappas when they use unmuzzled dogs to intimidate prisoners. [New York Times, 5/22/2004] And Pappas himself believes, “incorrectly,” Gen. Fay notes, that Lt. Col. Ricardo S. Sanchez has delegated this authority to him. Pappas, concludes Gen. Fay, “[i]mproperly authorized the use of dogs during interrogations.” [US Department of Defense, 8/23/2004 pdf file] Nevertheless, Gen. Fay also believes, “there were early indications that MP and MI [Military Intelligence] personnel knew the use of dog teams in interrogations was abusive.” Only the Army dog teams join in with the abuse. Three Navy dog teams, who arrive simultaneously at Abu Ghraib, refuse to lend their dogs for interrogation purposes. The Navy dog handlers always ask for what specific purpose the dog is required, and when they are told “for interrogation,” they refuse to comply. “Over the next few weeks, the Navy dog teams received about eight similar calls, none of which [are] fulfilled.” [US Department of Defense, 8/23/2004 pdf file]

Entity Tags: Ricardo S. Sanchez, Michael J. Smith, George R. Fay, Santos A. Cardona, Thomas M. Pappas

Timeline Tags: Torture of US Captives

The first incident of abuse involving guard dogs reportedly occurs at Abu Ghraib. [US Department of Defense, 8/23/2004 pdf file]

Timeline Tags: Torture of US Captives

At Abu Ghraib prison in Baghdad, MPs hide prisoners from a Red Cross delegation by shifting them around the complex. These prisoners, or “ghost detainees,” are a group of detainees that have been imprisoned without names, charges, or other documentation. According to Maj. Gen. Antonio M. Taguba’s February 26 report (see February 26, 2004), a number of jails operated by the 800th Military Police Brigade “routinely held” such prisoners “without accounting for them, knowing their identities, or even the reason for their detention.” Taguba will note that the practice is a “violation of international law.” [US Department of the Army, 3/9/2004; Los Angeles Times, 5/5/2004; Washington Post, 5/9/2004; Washington Post, 5/11/2004, pp. A01]

Entity Tags: Antonio M. Taguba

Timeline Tags: Torture of US Captives

A detainee is attacked by a dog on December 12, 2003.A detainee is attacked by a dog on December 12, 2003. [Source: Public domain]A detainee, who appears to be mentally unstable, is bitten by a dog in the Hard Site at Abu Ghraib. The incident is photographed, and according to the later report (see August 25, 2004) by Gen. George Fay, “appears to be the result of MP harassment and amusement.” [US Department of Defense, 8/23/2004 pdf file]

Entity Tags: George R. Fay

Timeline Tags: Torture of US Captives

Joseph Darby.Joseph Darby. [Source: Richard Lambert / US Army]Spc. Joseph Darby, a 24-year-old member of the 372nd MP Company at Abu Ghraib, slips an envelope under the door of the Army’s Criminal Investigations Division. The envelope contains an anonymous note and a CD with roughly one thousand photographs of abuses that took place at the prison, mostly between October and December of the previous year. [Knight Ridder, 5/10/2004; New Yorker, 5/24/2004] Darby was collecting photographs from his tour in Iraq and received them inter alia from Spc. Charles Graner. “It was just wrong,” Darby later declares. “I knew I had to do something.” He talked about it with Graner who allegedly replied: “The Christian in me says it’s wrong, but the corrections officer in me says, ‘I love to make a grown man piss himself.’” [Washington Post, 5/22/2004]

Entity Tags: Joseph Darby, Charles Graner

Timeline Tags: Torture of US Captives

Bantz Craddock.Bantz Craddock. [Source: US European Command]On January 15, 2004, Lieutenant General Bantz Craddock, Defense Secretary Donald Rumsfeld’s senior military assistant, and Vice-Admiral Timothy Keating, director of the Joint Staff of the Joint Chiefs of Staff, are e-mailed a summary of the Abu Ghraib abuses depicted on a CD-ROM recently given to an army investigative unit two days before (see January 13, 2004). The summary says that about ten soldiers are shown in the pictures and are involved in acts including: “Having male detainees pose nude while female guards pointed at their genitals; having female detainees exposing themselves to the guards; having detainees perform indecent acts with each other; and guards physically assaulting detainees by beating and dragging them with choker chains.” On January 20, Central Command sends another e-mail to Keating, Craddock, and Lieutenant General Ricardo Sanchez, the top US Army commander in Iraq. It confirms the detainee abuse took place, is well-documented with photos, and says that “currently [we] have 4 confessions implicating perhaps 10 soldiers.” General Richard Myers, chairman of the Joint Chiefs of Staff, will later acknowledge in testimony that around this time, information about the abuse and the photographs had been given “to me and the Secretary [Rumsfeld] up through the chain of command.… And the general nature of the photos, about nudity, some mock sexual acts and other abuse, was described.” [New Yorker, 6/17/2007]

Entity Tags: Ricardo S. Sanchez, Richard B. Myers, Bantz J. Craddock, Timothy Keating, Donald Rumsfeld

Timeline Tags: Torture of US Captives

Ricardo Sanchez.Ricardo Sanchez. [Source: US Army]US Central Command issues a short press release announcing that Lt. Gen. Ricardo Sanchez has ordered a criminal investigation “into reported incidents of detainee abuse at a coalition forces detention facility.” It is later learned that the facility in question is Abu Ghraib prison. [Associated Press, 1/16/2004] The fact that the investigation is reported to be initiated by the central US military command in Iraq rather than an individual unit, the BBC Pentagon correspondent calls unusual. “It suggests that senior commanders are taking the issue very seriously.” [BBC, 1/16/2004] At some point between January 16 and 21, the CID will begin taking sworn witness statements from detainees. [Washington Post, 5/21/2004]

Entity Tags: Ricardo S. Sanchez

Timeline Tags: Torture of US Captives

Lt. Gen. Ricardo Sanchez orders a high level administrative investigation into the 800th Military Police Brigade apart from the criminal investigation that was announced three days earlier (see January 16, 2004). He appoints Major General Antonio M. Taguba to conduct the inquiry and limits the scope of the investigation to the conduct of the military police brigade. Taguba’s report will be filed on February 26 (see February 26, 2004). [US Department of the Army, 3/9/2004; Sydney Morning Herald, 5/4/2004; New York Times, 5/10/2004] As preparations for investigation are underway, investigators reportedly give the MPs at Abu Ghraib “a week’s notice before inspecting their possessions.” [ [Sources: Several unnamed soldiers] Whether it is an attempt to sabotage the investigation, or a matter of clumsiness on the part of the military leadership or the CID, the result may well be that evidence of abuse is deliberately destroyed. “That shows you how lax they are about discipline. ‘We are going to look for contraband in here, so hint, hint, get rid of the stuff,’ that’s the way things work in the Guard,” MP Ramone Leal will say. [Reuters, 5/6/2004]

Entity Tags: Ramone Leal, Ricardo S. Sanchez, Antonio M. Taguba

Timeline Tags: Torture of US Captives

Maj. Gen. Antonio Taguba begins investigating abuses at Abu Ghraib prison. He is limited to investigating the 800th MP (military police) unit, as the abuse photographs mainly involve them. However, he suspects that superiors are to blame as well. He will later comment, “From what I knew, troops just don’t take it upon themselves to initiate what they did without any form of knowledge of the higher-ups.… These MP troops were not that creative. Somebody was giving them guidance, but I was legally prevented from further investigation into higher authority. I was limited to a box.” [New Yorker, 6/17/2007]

Entity Tags: Donald J. Ryder, Ricardo S. Sanchez

Timeline Tags: Torture of US Captives

In February 2004, a confidential report by the International Committee of the Red Cross says that “military intelligence officers told [us] that in their estimate between 70 percent and 90 percent of the persons deprived of their liberty in Iraq had been arrested by mistake.” Half or more of all prisoners in Iraq are held at Abu Ghraib prison near Baghdad. This report echoes the conclusions of an unpublished US Army report by Maj. Gen. Donald Ryder given to Lt. Gen. Ricardo Sanchez, the top US commander in Iraq, on November 5, 2003 (see November 5, 2003). Ryder, the US Army’s provost marshal, reported that some Iraqis had been held for several months for nothing more than expressing “displeasure or ill will” towards US troops. And it said the process for deciding which arrested Iraqis posed security risks and which should be released violated the military’s own policies. It also complains that the continuing influx of new prisoners detained despite little evidence against them threatens to strain the prison system. Senior officers claim that Brig. Gen. Barbara Fast, the top Army intelligence officer in Iraq, often ruled last against the release of prisoners, even vetoing the recommendations of a military police commander and military intelligence officers. [New York Times, 5/30/2004] Similarly, Maj. Gen. Antonio Taguba, who investigates abuses at Abu Ghraib prison around this time (see February 26, 2004), will later say very few prisoners there were affiliated with any terrorist group. Taguba saw classified documents revealing that there were only “one or two” suspected al-Qaeda prisoners at Abu Ghraib. Most of the detainees were not even connected to the Iraqi insurgency. [New Yorker, 6/17/2007] Despite this evidence, Pentagon spokesperson Brig. Gen. Mark Kimmitt will later claim, “If they were innocent, they wouldn’t be at Abu Ghraib.… The number that were released because they were innocent? That number… is zero. Persons are held at Abu Ghraib because they are determined to be security threats, imminent security threats here in [Iraq].” [New York Times, 5/30/2004]

Entity Tags: Donald J. Ryder, Barbara G. Fast, International Committee of the Red Cross, Mark Kimmitt, Ricardo S. Sanchez

Timeline Tags: Torture of US Captives

The US learns that Ibn al-Shaykh al-Libi, a former al-Qaeda camp commander, was allegedly tortured in Egypt, where he was rendered by the CIA (see January 2002 and After). Although CIA Director George Tenet will describe al-Libi’s handling by the Egyptians as “further debriefing,” after being returned to US custody, al-Libi tells CIA officers he was tortured and these claims are documented in a series of cables sent to CIA headquarters on February 4 and 5. These cables are the final proof, many believe, that the US is illegally “outsourcing” torture to other countries, against suspects who have not been convicted or even charged with a crime. After being tortured by his Egyptian captors (see November 11, 2001), al-Libi was returned to US custody on November 22, 2003. The February 5 cable reads, in part, that al-Libi was told by the Egyptians that “the next topic was al-Qaeda’s connections with Iraq…. This was a subject about which he said he knew nothing and had difficulty even coming up with a story.” The Egyptians didn’t like al-Libi’s response, and locked him in a 20 inch by 20 inch box for 17 hours—effectively burying him alive. The Egyptians released him and gave him one more change to “tell the truth.” When al-Libi did not give the proper response, he was knocked to the ground and beaten. The CIA debriefers send this information straight to Washington (see February 14, 2004), thus informing the CIA that not only was this key piece of evidence about the link between Iraq and al-Qaeda false, but it was obtained by extreme, US-sanctioned torture. Although stories and witness accounts about torture in such US-allied countries as Egypt, Syria, Morocco, and Uzbekistan have long been known, this is the first time such torture has been detailed in an official US government document. It will be almost a year before the Bush administration will confirm the CIA’s rendition program (see March 11, 2002), and even then it will begin a litany of reassurances that the US does not torture, nor does it hand over prisoners to countries that torture. The CIA cables will be declassified in September 2006, and roundly ignored by the mainstream media. And as of late 2007, al-Libi will still be a “ghost prisoner” whose whereabouts and circumstances are considered a US state secret. [ABC News, 11/6/2007]

Entity Tags: Colin Powell, Ibn al-Shaykh al-Libi, Central Intelligence Agency, Al-Qaeda, George J. Tenet

Timeline Tags: Torture of US Captives

Antonio M. Taguba.Antonio M. Taguba. [Source: US Army]Maj. Gen. Antonio M. Taguba files a 53-page classified report which finds that between October and December of 2003, members of the 372nd Military Police Company and US intelligence community engaged in numerous incidents of “sadistic, blatant, and wanton criminal abuses” against prisoners at the Abu Ghraib prison in Baghdad. As evidence, he cites “detailed witness statements and the discovery of extremely graphic photographic evidence.” The photographs—which are later leaked to the press (see Mid-April 2004), causing an enormous international public outcry—are not included in the report. [US Department of the Army, 3/9/2004; New Yorker, 5/10/2004; New Yorker, 5/17/2004] Taguba also takes issue with the November 5 (see November 5, 2003) Ryder report which concluded that the military police units had not intentionally used inappropriate confinement practices. “Contrary to the findings of MG [Maj. Gen.] Ryder’s report, I find that personnel assigned to the 372nd MP Company, 800th MP Brigade were directed to change facility procedures to ‘set the conditions’ for MI interrogations.” Army intelligence officers, CIA agents, and private contractors “actively requested that MP guards set physical and mental conditions for favorable interrogation of witnesses.” [US Department of the Army, 3/9/2004; New Yorker, 5/10/2004] He presents his report to his commander on March 3 (see March 3, 2004).

Entity Tags: Antonio M. Taguba

Timeline Tags: Torture of US Captives

Major General Antonio M. Taguba out-briefs the findings of his investigation to General David McKiernan. [Slate, 5/5/2004; New York Times, 5/10/2004]

Entity Tags: Donald Rumsfeld, Antonio M. Taguba, Peter Pace, David D. McKiernan

Timeline Tags: Torture of US Captives

Maj. Gen. Antonio M. Taguba submits the final version of his report (see February 26, 2004) on the investigation into prisoner abuse at Abu Ghraib by MPs. He concludes that military intelligence personnel played a part in the abuse of prisoners at Abu Ghraib. But due to the fact that his investigation was limited to the conduct of MPs (see January 19, 2004), he did not investigate military intelligence conduct. Another investigation (see August 25, 2004), however, is launched that will examine military intelligence’s role in the abuses. It will be conducted by Maj. Gen. George R. Fay, the Army’s deputy chief of staff for intelligence. But the scope of this investigation is also limited from the outset, for two reasons. First, as a two-star general, he cannot hold any officer of his own rank or higher accountable. Second, Fay is appointed by Lt. Col. Ricardo S. Sanchez and therfore the scope of investigation is limited to the people under Sanchez’s command. [Newsweek, 6/7/2004] Additionally, Fay may be less inclined to report negatively on military intelligence personnel, since his superior, Lt. Gen. Keith Alexander, head of Army Intelligence, has already stated that the abuse at Abu Ghraib was committed by “a group of undisciplined military police” who were acting on their own, and not upon instructions from military intelligence officers. [Truthout (.org), 5/14/2004]

Entity Tags: George R. Fay, Ricardo S. Sanchez, Antonio M. Taguba, Keith Alexander

Timeline Tags: Torture of US Captives

Maj. Gen. Antonio M. Taguba presents his report (see February 26, 2004) on prisoner abuse at Abu Ghraib to his commanders. [Truthout (.org), 5/14/2004] The report is “very closely held” among the Army’s senior leadership and the report is only accessible to top officials on a secure computer network. Congress is not informed of the report or its findings. [Baltimore Sun, 5/6/2004] It is classified as “Secret / No Foreign Dissemination.” Neither the vice-chairman of the Joint Chiefs of Staff, Marine Gen. Peter Pace, nor the Secretary of Defense Donald Rumsfeld will later say they know why the report was classified when asked at a Pentagon press briefing on May 4. Such a classification may be in violation of US law. Section 1.7 of Executive Order 12958 reads: “In no case shall information be classified in order to… conceal violations of law, inefficiency, or administrative error [or to] prevent embarrassment to a person, organization, or agency….” [Secrecy News, 5/5/2004]

Entity Tags: Donald Rumsfeld, Antonio M. Taguba, US Congress, Peter Pace

Timeline Tags: Torture of US Captives

The Pentagon announces Maj. Gen. Geoffrey D. Miller is to be replaced by Brig. Gen. Jay W. Hood as commander, Joint Task Force Guantanamo. Miller will become deputy commander for detainee operations in Iraq, including Abu Ghraib prison. [US Department of Defense, 3/22/2004] He will assume his new function on April 15. [Washington Post, 5/9/2004] In late April, abuses committed at Abu Ghraib will become a public scandal (see April 28, 2004). Maj. Gen. Antonio M. Taguba had conducted a US Army investigation into the abuses in January 2004 (see February 26, 2004). In the course of that investigation, Taguba concluded that Miller was partly responsible for the abuses because Miller had visited Abu Ghraib and successfully pushed for more aggressive interrogation techniques there. However, due to a limited mandate, Taguba could not formally investigate Miller’s role. Ironically, after the scandal breaks, Miller will be in the role of helping to clean up the problems in the prison that he helped create. [New Yorker, 6/17/2007]

Entity Tags: Jay W. Hood, Antonio M. Taguba, Geoffrey D. Miller

Timeline Tags: Torture of US Captives

A deranged Abu Ghraib detainee wanders the halls covered in human feces on December 12, 2003. MP Ivan Frederick stands behind him with a stick.A deranged Abu Ghraib detainee wanders the halls covered in human feces on December 12, 2003. MP Ivan Frederick stands behind him with a stick. [Source: Public domain]The Abu Ghraib prison photos are leaked to CBS. The network informs the Pentagon that it will broadcast a story on the prison abuses and include the photos. But the network delays broadcasting the story at the request of Gen. Richard Myers. [Guardian, 4/30/2004; CBS News, 5/6/2004; Los Angeles Times, 5/6/2004; CNS News, 5/7/2004]

Entity Tags: Richard B. Myers

Timeline Tags: Torture of US Captives

Lynndie England dragging a prisoner nicknamed Gus on October 24, 2003.Lynndie England dragging a prisoner nicknamed Gus on October 24, 2003. [Source: Public domain]CBS’s “60 Minutes II” airs the Abu Ghraib prison photos (see March 23, 2004) having learned that the New Yorker is about to publish a piece on abuses at Abu Ghraib. Bush reportedly first learns about these photos from the television report. [CBS News, 5/6/2004; Los Angeles Times, 5/6/2004; Baltimore Sun, 5/6/2004; St. Petersburg Times, 5/9/2004] Most of the photos show prisoners being forced to engage in humiliating sexual acts. For example in one photo a hooded naked man is forced to masturbate as a grinning female MP, Lynndie England, looks on, giving a thumbs-up. Another photo shows two naked hooded men, one standing, while the other is kneeling in front of him, simulating oral sex. The Bush administration will portray these forced acts of humiliation as the immature pranks of low ranking soldiers. But others will argue that the acts were ordered from above with the intent to exploit Arab culture’s conservative views with regard to sex and homosexuality (see 2002-March 2003). [New Yorker, 5/10/2004; New Yorker, 5/17/2004] A different picture shows a hooded-man with his arms spread and wires dangling from his fingers, toes, and penis. He was apparently told that if he fell off the box he would be electricuted. The tactic is known as the “The Vietnam,” an “arcane torture method known only to veterans of the interrogation trade” that had been first used by Brazilians in the 1970s. [Seattle Times, 5/14/2004; Newsweek, 5/24/2004 Sources: Darius Rejali] Another picture is of Manadel al-Jamadi who was killed after being “stressed” too much (see (7:00 a.m.) November 4, 2003). [New Yorker, 5/10/2004; New Yorker, 5/17/2004] “A generation from now,” one observer notes, “historians may look back to April 28, 2004, as the day the United States lost the war in Iraq.” [Washington Monthly, 11/2004]

Entity Tags: George W. Bush, Lynndie England, Manadel al-Jamadi, Bush administration (43), CBS News

Timeline Tags: Torture of US Captives, Complete 911 Timeline

Seymour Hersh.Seymour Hersh. [Source: Daily Californian / Skyler Reid]The New Yorker magazine publishes an in-depth article by investigative journalist Seymour Hersh on the Abu Ghraib abuses, as well as excerpts of the Taguba report (see February 26, 2004). The article includes some of the graphic photos of the abuses that were turned in by Spc. Joseph Darby (see January 13, 2004) in January. [New Yorker, 5/10/2004] Soon thereafter, subordinates of Undersecretary for Policy Douglas Feith send out an “urgent” e-mail around the Pentagon warning officials not to read the Taguba report and not to mention the report to anybody including family members, even though major parts of it are now part of the public record. Newsweek later quotes a military lawyer as saying, that Feith has turned his office into a “ministry of fear.” [Newsweek, 6/7/2004]

Entity Tags: Joseph Darby, New Yorker, Douglas Feith, Seymour Hersh

Timeline Tags: Torture of US Captives

General John Abizaid, head of US Central Command (Centcom) threatens Maj. Gen. Antonio M. Taguba over Taguba’s hard-hitting report on the Abu Ghraib prison abuses (see February 26, 2004). Riding with Abizaid in the back of a car in Kuwait a few weeks after Taguba’s report was leaked to the public, Taguba will later claim that Abizaid turned to him and quietly said, “You and your report will be investigated.” Taguba will later recall, “I wasn’t angry about what he said but disappointed that he would say that to me. I’d been in the Army thirty-two years by then, and it was the first time that I thought I was in the Mafia.” [New Yorker, 6/17/2007]

Entity Tags: John P. Abizaid, Antonio M. Taguba

Timeline Tags: Torture of US Captives

White House spokesman Scott McClellan says President Bush still has not seen or been briefed on the Taguba report (see February 26, 2004). [US Department of Defense, 5/12/2004]

Entity Tags: Scott McClellan

Timeline Tags: Torture of US Captives

Maj. Gen. Geoffrey D. Miller plays down the significance of his role in the Abu Ghraib abuse, saying his team recommended in September 2003 “having the guard force passively involved in the ability to interrogate rapidly and effectively.” [Washington Post, 5/9/2004]

Entity Tags: Geoffrey D. Miller

Timeline Tags: Torture of US Captives

Maj. Gen. Antonio Taguba, author of a hard-hitting report on Abu Ghraib prison abuse, is summoned to meet Defense Secretary Donald Rumsfeld for the first time. Rumsfeld is scheduled to testify about Abu Ghraib before Congress the next day (see May 7, 2004). Also attending the meeting is Deputy Defense Secretary Paul Wolfowitz, Under-Secretary of Defense for Intelligence Stephen Cambone, Joint Chiefs of Staff Chairman Gen. Richard Myers, Army chief of staff Gen. Peter Schoomaker, Rumsfeld’s senior military assistant Lt. Gen. Bantz Craddock, and others. According to Taguba, when he walks in, Rumsfeld declares in a mocking voice, “Here… comes… that famous General Taguba—of the Taguba report!” Asked if there was torture at Abu Ghraib, Taguba recalls, “I described a naked detainee lying on the wet floor, handcuffed, with an interrogator shoving things up his rectum, and said, ‘That’s not abuse. That’s torture.’ There was quiet.” Rumsfeld asks who leaked Taguba’s report to the public, but Taguba says he doesn’t know. Rumsfeld then complains that he has not seen a copy of his report or the Abu Ghraib abuse photographs and yet he has to testify to Congress tomorrow. Taguba is incredulous, because he sent over a dozen copies of his report to the Pentagon and Central Command headquarters, and had just spent several weeks briefing senior military leaders about it. He also was aware that Rumsfeld, Myers, Craddock, and others were notified about the abuse and the photographs back in January, before Taguba even began his investigation (see January 15-20, 2004). Taguba will later suspect that the military leaders were trying to remain ignorant of the scandal to avoid responsibility and accountability. For instance, when Taguba urged one lieutenant general to look at the photographs, he got the reply, “[I] don’t want to get involved by looking, because what do you do with that information, once you know what they show?” Taguba will later complain of the meeting, “I thought they wanted to know. I assumed they wanted to know. I was ignorant of the setting.” [New Yorker, 6/17/2007]

Entity Tags: Donald Rumsfeld, Antonio M. Taguba, Bantz J. Craddock, Peter J. Schoomaker, Richard B. Myers, Stephen A. Cambone, Paul Wolfowitz

Timeline Tags: Torture of US Captives

Rumsfeld under oath, testifying about Abu Ghraib.Rumsfeld under oath, testifying about Abu Ghraib. [Source: HBO]In public testimony under oath before the Senate and the House Armed Services Committees, Defense Secretary Donald Rumsfeld claims he had no early knowledge of the Abu Ghraib detainee abuse. He says, “It breaks our hearts that in fact someone didn’t say, ‘Wait, look, this is terrible. We need to do something.’ I wish we had known more, sooner, and been able to tell you more sooner, but we didn’t.” He claims that when reports about the hard-hitting Taguba report on Abu Ghraib (see February 26, 2004) first appeared publicly just days before his testimony, “it was not yet in the Pentagon, to my knowledge.” Regarding the shocking Abu Ghraib photos, seen by millions on the television program 60 Minutes on April 28 (see April 28, 2004), Rumsfeld claims, “I say no one in the Pentagon had seen them.” He adds that “I didn’t see them until last night at 7:30.” Asked when he’d first heard of them, he replies, “There were rumors of photographs in a criminal prosecution chain back sometime after January 13th… I don’t remember precisely when, but sometime in that period of January, February, March.… The legal part of it was proceeding along fine. What wasn’t proceeding along fine is the fact that the President didn’t know, and you didn’t know, and I didn’t know. And, as a result, somebody just sent a secret report to the press, and there they are.” But General Richard Myers, chairman of the Joint Chiefs of Staff, will later acknowledge in testimony that just days after the photos were given to US Army investigators on January 13, information had been given “to me and the Secretary [Rumsfeld] up through the chain of command.… And the general nature of the photos, about nudity, some mock sexual acts and other abuse, was described” (see January 15-20, 2004). Major General Antonio M. Taguba, author of the Taguba report, will later claim that he was appalled by Rumfeld’s testimony. “The photographs were available to him—if he wanted to see them.… He’s trying to acquit himself, and a lot of people are lying to protect themselves.” Congressman Kendrick Meek (D-FL) will later comment, “There was no way Rumsfeld didn’t know what was going on. He’s a guy who wants to know everything, and what he was giving us was hard to believe.” [New Yorker, 6/17/2007]

Entity Tags: Donald Rumsfeld, Kendrick Meek, Antonio M. Taguba, Richard B. Myers

Timeline Tags: Torture of US Captives

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