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Context of 'May 10, 2009: Cheney: Bush Knew of Torture Program'

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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

Ahmad Sajuli Abdul Rahman.Ahmad Sajuli Abdul Rahman. [Source: Malaysian Government]Ahmad Sajuli Abdul Rahman is arrested in Kuala Lumpur, Malaysia. [Utusan Malaysia, 1/5/2002]
Links to Al-Qaeda Summit - Sajuli, believed to be an operative of Jemaah Islamiyah, al-Qaeda’s Southeast Asian affiliate, did not attend an important al-Qaeda summit in Kuala Lumpur, Malaysia, in January 2000 (see January 5-8, 2000), but he took some of the attendees around Kuala Lumpur. [US Congress, 10/17/2002] According to the later Guantanamo file of summit attendee Abu Bara al-Taizi (a.k.a. Zohair Mohammed Said), one of the attendees Sajuli escorted around town was 9/11 hijacker Khalid Almihdhar. Sajuli also helped arrange al-Taizi’s transportation at the end of the summit. [US Department of Defense, 10/25/2008] Sajuli’s arrest is part of a wave of over a dozen arrests in Malaysia that also gets Yazid Sufaat, one of the summit attendees (see December 19, 2001). [Utusan Malaysia, 1/5/2002]
Held without Charge or Trial - Malaysian law allows for suspects to be held without charge or trial for up to two years, and this can be extended for additional two year periods. In early 2004, it will be announced that Sajuli’s detention will be extended for another two years. [Human Rights Watch, 2/26/2004] However, apparently will be released before that two year period is up, because there will be no further news of his detention.

Entity Tags: Yazid Sufaat, Khalid Almihdhar, Abu Bara al-Taizi, Ahmad Sajuli Abdul Rahman, Jemaah Islamiyah

Timeline Tags: Complete 911 Timeline

The US strikes a secret deal with Pakistan, allowing a US operation in Pakistan to kill or capture Osama bin Laden. This will be reported by the Guardian shortly after bin Laden is killed in Abbottabad, Pakistan, in May 2011 (see May 2, 2011). The Guardian will claim this account is “according to serving and retired Pakistani and US officials.” The deal is struck between Pakistani President Pervez Musharraf and US President George W. Bush shortly after bin Laden escapes the Tora Bora region of Afghanistan in December 2001 (see December 15, 2001). At the time, it is widely believed bin Laden escaped into Pakistan. The deal allows the US to conduct their own raids inside Pakistan if the target is bin Laden, al-Qaeda deputy head Ayman al-Zawahiri, or whoever the number three al-Qaeda leader is. Afterwards, Pakistan would vigorously protest, but this would just be to mollify public opinion. An unnamed senior Pakistani official will later say that the deal is reaffirmed in early 2008, when Musharraf’s grip on power is slipping. (Musharraf will resign in August 2008 (see August 18, 2008).) This same Pakistani official will say of the May 2011 US Special Forces raid that kills bin Laden in Pakistan, “As far as our American friends are concerned, they have just implemented the agreement.” [Guardian, 5/9/2011]

Entity Tags: Ayman al-Zawahiri, Pervez Musharraf, George W. Bush, Al-Qaeda, Osama bin Laden

Timeline Tags: Complete 911 Timeline, War in Afghanistan

Ali Soufan, an experienced FBI interrogator with an extensive knowledge of both Arab culture and al-Qaeda (see Late December 1999, Late October-Late November 2000, November 11, 2000, Early December 2000, and Late March through Early June, 2002), goes to Guantanamo to conduct training on non-coercive interrogation methods for the interrogators stationed there. Soufan says that not only are these methods the most effective, but they are critical to maintaining the US image in the Middle East and elsewhere. “The whole world is watching what we do here,” Soufan says. “We’re going to win or lose this war depending on how we do this.” According to Robert McFadden, a US naval criminal investigator who worked with Soufan on the USS Cole investigation, the interrogators from law enforcement nod in agreement, while the military intelligence officers just sit and look at Soufan “with blank stares.” McFadden will later recall: “It’s like they were thinking, ‘This is bullcrap.’ Their attitude was, ‘You guys are cops; we don’t have time for this.’” [Newsweek, 4/25/2009]

Entity Tags: Robert McFadden, Al-Qaeda, Federal Bureau of Investigation, Ali Soufan

Timeline Tags: Torture of US Captives

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

William Howard Taft IV.William Howard Taft IV. [Source: PBS]William Howard Taft IV, the State Department’s chief legal adviser, responds to John Yoo’s January 9,2002, memo (see January 9, 2002) saying that Yoo’s analysis is “seriously flawed.” Taft writes: “In previous conflicts, the United States has dealt with tens of thousands of detainees without repudiating its obligations under the [Geneva] Conventions. I have no doubt we can do so here, where a relative handful of persons is involved.” [Newsweek, 5/24/2004] Applying the Geneva Conventions, according to Taft, would demonstrate that the United States “bases its conduct on its international legal obligations and the rule of law, not just on its policy preferences.” Taft ends with a scorching criticism. “Your position is, at this point, erroneous in its substance and untenable in practice. Your conclusions are as wrong as they are incomplete. Let’s talk.” [Le Monde (Paris), 10/25/2004]

Entity Tags: William Howard Taft IV, John C. Yoo

Timeline Tags: Torture of US Captives, Civil Liberties

Prisoners being flown to Guantanamo.Prisoners being flown to Guantanamo. [Source: Public domain]Beginning in January 2002, when the US-controlled Guantanamo prison opens in Cuba, until at least 2005, over 700 suspects are secretly flown by the CIA to Guantanamo over the territories of European countries. Most prisoners come from Afghanistan or other places in the Middle East and change planes at the Incirlik US military airbase in Turkey. Then they fly over Greek, Italian, and Portuguese airspace. About 170 other prisoners fly over or land in Spain. The first flight apparently takes place on January 14, and carries three British citizens known as the “Tipton Three” as well as others (see January 13, 2002). In 2007, the Council of Europe, Europe’s leading watchdog on human rights, will claim that European countries had breached the international Convention against Torture (see October 21, 1994) by giving the US secret permission to use its airspace. Moazzam Begg, a British prisoner at Guantanamo until 2005, will later recall his flight to Guantanamo. “Inside the plane there was a chain around our waist, and it connected to cuffs around my wrists, which were tied in the back, and to my ankles. We were seated but it was so painful not being able to speak, to hear, to breathe properly, to look, to turn left or right, to move your hands, stretch your legs, or anything.” [London Times, 11/25/2007] All the member countries of NATO signed a secret agreement in late 2001 allowing blanket overflight clearances for any flight relating to terrorism (see October 4, 2001).

Entity Tags: Central Intelligence Agency, Moazzam Begg

Timeline Tags: Torture of US Captives, Complete 911 Timeline

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

Defense Secretary Rumsfeld sends a memo to Joint Chiefs of Staff Chairman General Richard Myers informing him that Bush has declared the Geneva Conventions invalid with regard to conflicts with al-Qaeda and the Taliban (see January 18-25, 2002). In this “Memorandum for Chairman of the Joint Chiefs of Staff,” Rumsfeld states: “The United States has determined that al-Qaeda and Taliban individuals under the control of the Department of Defense are not entitled to prisoner of war status for purposes of the Geneva Conventions of 1949.” Nevertheless, “[t]he Combatant Commanders shall, in detaining al-Qaeda and Taliban individuals under the control of the Department of Defense, treat them humanely and, to the extent appropriate and consistent with military necessity, in a manner consistent with the principles of the Geneva Conventions of 1949.” [US Department of Defense, 1/19/2002 pdf file] The same day, the memorandum is disseminated as an order by the Joint Chiefs of Staff. [Chairman of the Joint Chiefs of Staff, 1/19/2002 pdf file]

Entity Tags: Richard B. Myers, Donald Rumsfeld

Timeline Tags: Torture of US Captives

Attorney General John Ashcroft publicly defends the president’s decision (see January 18-25, 2002) to deny detainees the protections of Geneva Conventions. He calls the detainees “terrorists” who “are uniquely dangerous.” [CNN, 1/22/2002]

Entity Tags: John Ashcroft

Timeline Tags: Torture of US Captives

Jay Bybee, the head of the Justice Department’s Office of Legal Counsel (OLC), and OLC lawyer John Yoo send a memo to White House counsel Alberto Gonzales and Defense Department chief counsel William Haynes. Known as the “Treaties and Laws Memorandum,” the document addresses the treatment of detainees captured in Afghanistan, and their eventual incarceration at Guantanamo and possible trial by military commissions. The memo asserts that the Geneva Conventions do not apply to al-Qaeda detainees, and the president has the authority to deny Taliban members POW status. The document goes on to assert that the president is not bound by international laws such as the Geneva Conventions because they are neither treaties nor federal laws. [US Department of Justice, 1/22/2002 pdf file; American Civil Liberties Union [PDF], 1/28/2009 pdf file]

Entity Tags: Office of Legal Counsel (DOJ), John C. Yoo, Jay S. Bybee, US Department of Justice

Timeline Tags: Torture of US Captives, Civil Liberties, War in Afghanistan

John Yoo, a lawyer in the Justice Department’s Office of Legal Counsel (OLC), sends a classified memo to White House counsel Alberto Gonzales. The contents of the memo will remain secret, but the American Civil Liberties Union (ACLU) will later learn that the memo is about the Geneva Conventions and is applicable to prisoners of war. Yoo’s boss, OLC head Jay Bybee, sends another secret memo about the Geneva Conventions to Deputy Attorney General Larry Thompson. [American Civil Liberties Union [PDF], 1/28/2009 pdf file]

Entity Tags: Jay S. Bybee, American Civil Liberties Union, Geneva Conventions, US Department of Justice, John C. Yoo, Office of Legal Counsel (DOJ), Larry D. Thompson

Timeline Tags: Civil Liberties

White House lawyer Alberto Gonzales completes a draft memorandum to the president advising him not to reconsider his decision (see January 18-25, 2002) declaring Taliban and al-Qaeda fighters ineligible for prisoner of war status as Colin Powell has apparently recommended. [US Department of Justice, 1/25/2004 pdf file; Newsweek, 5/24/2004] The memo recommends that President Bush accept a recent Office of Legal Counsel (OLC) memo saying that the president has the authority to set aside the Geneva Conventions as the basis of his policy (see January 9, 2002). [Savage, 2007, pp. 146]
Geneva No Longer Applies, Says Gonzales - Gonzales writes to Bush that Powell “has asked that you conclude that GPW [Third Geneva Convention] does apply to both al-Qaeda and the Taliban. I understand, however, that he would agree that al-Qaeda and the Taliban fighters could be determined not to be prisoners of war (POWs) but only on a case-by-case basis following individual hearings before a military board.” Powell believes that US troops will be put at risk if the US renounces the Geneva Conventions in relation to the Taliban. Rumsfeld and his chairman of the Joint Chiefs of Staff, Gen. Richard B. Myers, allegedly agree with Powell’s argument. [New York Times, 10/24/2004] But Gonzales says that he agrees with the Justice Department’s Office of Legal Counsel, which has determined that the president had the authority to make this declaration on the premise that “the war against terrorism is a new kind of war” and “not the traditional clash between nations adhering to the laws of war that formed the backdrop for GPW [Geneva Convention on the treatment of prisoners of war].” Gonzales thus states, “In my judgment, this new paradigm renders obsolete Geneva’s strict limitations on questioning of enemy prisoners and renders quaint some of its provisions.” [Newsweek, 5/24/2004] Gonzales also says that by declaring the war in Afghanistan exempt from the Geneva Conventions, the president would “[s]ubstantially [reduce] the threat of domestic criminal prosecution under the War Crimes Act [of 1996]” (see August 21, 1996). The president and other officials in the administration would then be protected from any future “prosecutors and independent counsels who may in the future decide to pursue unwarranted charges.” [New York Times, 5/21/2004; Newsweek, 5/24/2004]
Memo Actually Written by Cheney's Lawyer - Though the memo is released under Gonzales’s signature, many inside the White House do not believe the memo was written by him; it has an unorthodox format and a subtly mocking tone that does not go with Gonzales’s usual style. A White House lawyer with direct knowledge of the memo later says it was written by Cheney’s chief lawyer, David Addington. Deputy White House counsel Timothy Flanigan passed it to Gonzales, who signed it as “my judgment” and sent it to Bush. Addington’s memo quotes Bush’s own words: “the war against terrorism is a new kind of war.” [Washington Post, 6/24/2007]
Powell 'Hits the Roof' over Memo - When Powell reads the memo (see January 26, 2002), he reportedly “hit[s] the roof” and immediately arranges for a meeting with the president (see January 25, 2002). [Newsweek, 5/24/2004]

Entity Tags: George W. Bush, Office of Legal Counsel (DOJ), Geneva Conventions, Alberto R. Gonzales, Colin Powell, David S. Addington, Al-Qaeda, Taliban, Richard B. Myers

Timeline Tags: Torture of US Captives, Civil Liberties

US Secretary of State Colin Powell responds to Alberto Gonzales’ January 25 draft memo to the president (see January 25, 2002). He argues that it does not provide the president with a balanced view on the issue of whether or not to apply the Geneva Conventions to the conflict in Afghanistan. Powell lists several problems that could potentially result from exempting the conflict from the Conventions as Gonzales recommends. For example, he notes that it would “reverse over a century of US policy and practice in supporting the Geneva conventions and undermine the protections of the law of war for our troops, both in this specific conflict and in general.” The decision will furthermore have “a high cost in terms of negative international reaction.” It will “undermine public support among critical allies, making military cooperation more difficult to sustain,” and other states would “likely have legal problems with extradition or other forms of cooperation in law enforcement, including in bringing terrorists to justice.” But perhaps most ominously, Powell charges that the proposed decision “may provoke some individual foreign prosecutors to investigate and prosecute our officials and troops” and “make us more vulnerable to domestic and legal challenge.” The end of the memo consists of several rebuttals to points that Gonzales made in his memo. [US Department of State, 1/26/2004 pdf file; New York Times, 5/21/2004; Newsweek, 5/24/2004]

Entity Tags: Geneva Conventions, Alberto R. Gonzales, Colin Powell

Timeline Tags: Torture of US Captives, Civil Liberties

Reporter Daniel Pearl moments before he is killed.Reporter Daniel Pearl moments before he is killed. [Source: Associated Press]Wall Street Journal reporter Daniel Pearl is murdered. He is reported dead on February 21; his mutilated body is found months later. Police investigators say “there were at least eight to ten people present on the [murder] scene” and at least 15 who participated in his kidnapping and murder. “Despite issuing a series of political demands shortly after Pearl’s abduction four weeks ago, it now seems clear that the kidnappers planned to kill Pearl all along.” [Washington Post, 2/23/2002] Some captured participants later claim 9/11 mastermind Khalid Shaikh Mohammed is the one who cuts Pearl’s throat. [MSNBC, 9/17/2002; Time, 1/26/2003] The land on which Pearl was held and murdered reportedly belongs to either the Al Rashid Trust, or one of its supporters, Saud Memon. The Al Rashid Trust, an ostensibly charitable organization that US intelligence linked to the financing of al-Qeada, is closely linked to the jihadi organization Jaish-i-Mohammed and was one of the very first organizations to have its assets frozen after 9/11. It may have been used to funnel money to the 9/11 hijackers in the US (see Early August 2001 and September 24, 2001). [Time, 1/26/2003; Daily Telegraph, 5/9/2004; Tribune, 4/2/2006]

Entity Tags: Al Rashid Trust, Daniel Pearl, Khalid Shaikh Mohammed, Saud Memon

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

James Ho, an attorney-adviser to the Office of Legal Counsel (OLC), sends a classified memo to the OLC’s John Yoo. The memo, entitled “RE: Possible interpretation of Common Article 3 of the 1949 Geneva Convention Relative to the Treatment of Prisoners of War,” will remain secret, but according to the American Civil Liberties Union (ACLU), it is likely a legal interpretation of Common Article 3 of the Geneva Convention, the section addressing the treatment of prisoners of war. The ACLU believes the memo interprets the scope of prohibited conduct under Common Artlcle 3, and gives specificity to the phrases “outrages upon personal dignity” and “humiliating and degrading treatment.” It also believes that the memo determines that Geneva does not apply to conflicts with terrorist organizations. Yoo will cite this memo in his 2003 memo concerning the military interrogation of so-called enemy combatants (see March 14, 2003). [American Civil Liberties Union [PDF], 1/28/2009 pdf file; ProPublica, 4/16/2009]

Entity Tags: Office of Legal Counsel (DOJ), American Civil Liberties Union, John C. Yoo, James C. Ho, US Department of Justice

Timeline Tags: Civil Liberties

In a reply to White House Counsel Alberto Gonzales (see January 25, 2002), the State Department’s Legal Director, William Howard Taft IV, tries again (see January 11, 2002) to put his view forward supporting obeying the Geneva Conventions. He writes: “The president should know that a decision that the Conventions do apply is consistent with the plain language of the Conventions and the unvaried practice of the United States in introducing its forces into conflict over fifty years.” [US Attorney General, 2/1/2002]

Entity Tags: William Howard Taft IV, Alberto R. Gonzales

Timeline Tags: Torture of US Captives, Civil Liberties

The White House declares that the United States will apply the Geneva Conventions to the conflict in Afghanistan, but will not grant prisoner-of-war status to captured Taliban and al-Qaeda fighters. Though Afghanistan was party to the 1949 treaty, Taliban fighters are not protected by the Conventions, the directive states, because the Taliban is not recognized by the US as Afghanistan’s legitimate government. Likewise, al-Qaeda fighters are not eligible to be protected under the treaty’s provisions because they do not represent a state that is party to the Conventions either.
Administration Will Treat Detainees Humanely 'Consistent' with Geneva - In the memo, President Bush writes that even though al-Qaeda detainees do not qualify as prisoners of war under Geneva, “as a matter of policy, the United States Armed Forces shall continue to treat detainees humanely and to the extent appropriate and consistent with military necessity, in a manner consistent with the principles of Geneva.” The presidential directive is apparently based on Alberto Gonzales’s January 25 memo (see January 25, 2002) and a memo from Vice President Cheney’s chief of staff, David Addington (see January 25, 2002).
Bush Chooses Not to Suspend Geneva between US and Afghanistan - The directive also concludes that Bush, as commander in chief of the United States, has the authority to suspend the Geneva Conventions regarding the conflict in Afghanistan, should he feel necessary: Bush writes, “I have the authority under the Constitution to suspend Geneva as between the United States and Afghanistan, but I decline to exercise that authority at this time.” Though not scheduled for declassification until 2012, the directive will be released by the White House in June 2004 to demonstrate that the president never authorized torture against detainees from the wars in Afghanistan and Iraq. [George W. Bush, 2/7/2002 pdf file; CNN, 2/7/2002; Newsweek, 5/24/2004; Truthout (.org), 1/19/2005; Dubose and Bernstein, 2006, pp. 191]
Overriding State Department Objections - Bush apparently ignores or overrides objections from the State Department, including Secretary of State Colin Powell (see January 25, 2002) and the department’s chief legal counsel, William Howard Taft IV (see January 25, 2002). Both Powell and Taft strenuously objected to the new policy. [Savage, 2007, pp. 147]
Ignoring Promises of Humane Treatment - The reality will be somewhat different. Gonzales laid out the arguments for and against complying with Geneva in an earlier memo (see January 18-25, 2002), and argued that if the administration dispensed with Geneva, no one could later be charged with war crimes. Yet, according to Colin Powell’s chief of staff, Lawrence Wilkerson, sometime after the Bush memo is issued, Vice President Cheney and Defense Secretary Rumsfeld decide to ignore the portions promising humane treatment for prisoners. “In going back and looking at the deliberations,” Wilkerson later recalls, “it was clear to me that what the president had decided was one thing and what was implemented was quite another thing.” [Dubose and Bernstein, 2006, pp. 190-191]

Entity Tags: Geneva Conventions, George W. Bush, Colin Powell, Lawrence Wilkerson, William Howard Taft IV, Richard (“Dick”) Cheney, Bush administration (43)

Timeline Tags: Torture of US Captives, Civil Liberties

The Salt Pit, a secret CIA prison near Kabul, Afghanistan.The Salt Pit, a secret CIA prison near Kabul, Afghanistan. [Source: Space Imaging Middle East]President George Bush signs a secret order authorizing the CIA to set up a network of secret detention and interrogation centers outside the United States where high value prisoners can be interrogated “with unprecedented harshness.” [Newsweek, 5/24/2004] This takes place shortly after February 7, 2002, when Bush declared that al-Qaeda and Taliban prisoners were not subject to the Geneva Convention (see February 7, 2002). The first secret CIA prison will begin operating in Thailand in March 2002 (see March 2002).

Entity Tags: George W. Bush, Central Intelligence Agency

Timeline Tags: Torture of US Captives, Complete 911 Timeline

A safe house in Sana’a, Yemen, where Samir al-Hada was hiding.A safe house in Sana’a, Yemen, where Samir al-Hada was hiding. [Source: CNN]Samir al-Hada, an al-Qaeda operative who helped run a vital al-Qaeda communications hub in Sana’a, Yemen (see Late 1998-Early 2002), dies while being pursued by Yemeni police. The Yemeni police were tipped off by Samir’s landlord that he was planning to flee the country when he failed to produce identity documents to renew his lease. The police stake out his hideout for a week but he escapes and, during the chase, a grenade explodes in his hand and kills him. He was the brother-in-law of 9/11 hijacker Khalid Almihdhar. [BBC, 2/13/2002; Guardian, 2/14/2002; CNN, 2/14/2002; Al Ahram, 2/21/2002] After the attack, the police search the house where al-Hada had been staying and seize weapons, documents, books, a mobile phone, and a piece of paper containing phone numbers. [CBS News, 2/13/2002; BBC, 2/15/2002] The al-Hada hub was used in planning the embassy bombings in 1998 (see August 4-25, 1998 and October 4, 2001), the attack on the USS Cole in 2000 (see October 14-Late November, 2000), and 9/11 (see Early 2000-Summer 2001). It had been monitored by the NSA since the late 1990s (see Late August 1998 and Early 1999). Ahmed al-Hada is in Yemeni custody by 2006; it has not been stated when or how he was captured. [Wright, 2006, pp. 378] It appears that the communications hub is no longer functional after al-Hada’s death, as there are no more references to it operating, several of the al-Hada clan are rounded up, the hub is again discussed by the media (see February 2001 and After), and the clan’s patriarch, Ahmed al-Hada, is again named in the media. [Milwaukee Journal Sentinel, 2/14/2002; CNN, 2/14/2002; Al Ahram, 2/21/2002]

Entity Tags: Ahmed al-Hada, National Security Agency, Yemen, Al-Qaeda, Samir al-Hada

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

Joseph Wilson and Valerie Plame Wilson.Joseph Wilson and Valerie Plame Wilson. [Source: Haraz N. Ghanbari / Associated Press]Officials in the CIA’s Directorate of Operations (DO) Counterproliferation Division (CPD) decide to send former ambassador Joseph Wilson to Niger to investigate allegations that Iraq sought to procure uranium from that country. Wilson’s wife, Valerie Plame Wilson, a senior CPD officer (see April 2001 and After), relays the request to him explaining that “there’s this crazy report” asserting that Iraq made a deal with Niger on the sale of a large quantity of uranium. [US Congress, 7/7/2004] Shortly afterwards, she sends an overseas cable requesting concurrence with the agency’s decision to send her husband to Niger (see February 13, 2002). She writes, “[B]oth State and [the Department of Defense] have requested additional clarification and indeed, the vice president’s office just asked for background information” (see (February 13, 2002)). [US Congress, 7/7/2004]

Entity Tags: Counterproliferation Division, Central Intelligence Agency, Joseph C. Wilson, Valerie Plame Wilson

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

The house in Faisalabad where Abu Zubaida will be arrested.The house in Faisalabad where Abu Zubaida will be arrested. [Source: PBS]At some time around February 2002, intelligence leads to the location of Abu Zubaida. He will be captured in Faisalabad, Pakistan, in late March 2002 (see March 28, 2002). However, accounts on what intelligence leads to Zubaida’s location differ greatly:
Call to Yemen? - According to the Associated Press, “Pakistani intelligence officials have said quietly that a mobile phone call Abu Zubaida made to al-Qaeda leaders in Yemen led to his arrest.” [Associated Press, 4/20/2002] This could be a reference to the “Yemen hub,” an important al-Qaeda communication node in Yemen that has long been monitored by US intelligence. The hub is used until the middle of February 2002, when it is raided and shut down (see February 13, 2002).
Bribes Play Key Role? - According to books by Jane Mayer and Ron Suskind, Pakistani intelligence officers in Pakistan’s tribal region notice a caravan of vehicles carrying tall women wearing burqas who turn out to be male Islamist militants in disguise. According to Suskind’s version, the militants are arrested, but refuse to talk. According to Mayer’s version, the caravan is allowed to proceed. However, both authors agree that a bribe to the driver of one of the cars reveals that their destination is Faisalabad, Pakistan. Suskind adds that the driver gives up the name of a contact in Faisalabad, and that contact is found and reveals that Zubaida has arrived in town. US intelligence begins intensively monitoring Faisalabad. Afterwards, Mayer claims that the CIA buys the ISI’s help. A CIA source involved in the situation will later tell Mayer, “We paid $10 million for Abu Zubaida.” [Suskind, 2006, pp. 84; Mayer, 2008] In 2006, Pakistani President Pervez Musharraf will write in a memoir, “Those who habitually accuse us of not doing enough in the war on terror should simply ask the CIA how much prize money it has paid to the Government of Pakistan.” [Musharraf, 2006, pp. 190]
CIA Tracks Zubaida's Calls? - According to a 2008 New York Times article, in February 2002, the CIA learns that Zubaida is in Lahore or Faisalabad, Pakistani cities about 80 miles apart and with a combined population of over 10 million. The Times does not say how the CIA learns this. The CIA knows Zubaida’s cell phone number, although it is not explained how this was discovered either. (However, it had been reported elsewhere that Zubaida’s number had been monitored since at least 1998 (see October 1998 and After) and was still being monitored after 9/11 (see September 16, 2001 and After) and October 8, 2001).) Specialists use an electronic scanner that can track any operating cell phone and give its approximate location. However, Zubaida only turns his phone on briefly to collect messages, so his location cannot be pinpointed. A talented CIA official named Deuce Martinez gets involved. He posts a large, blank piece of paper on a wall, and writes Zubaida’s phone number in the middle of it. Then he and others add linked phone numbers, using the monitoring capabilities of the NSA and Pakistani intelligence. A map of Zubaida’s contacts grows. Eventually, Martinez and others are able to narrow Zubaida’s location down to 14 addresses in Lahore and Faisalabad, and these places are put under surveillance. Rather than wait any longer for more intelligence, all 14 locations are raided at once in a joint Pakistani-CIA operation on March 28, 2002, and Zubaida is found in one of the Faisalabad addresses. [New York Times, 6/22/2008]
Key Call to Bin Laden or Al-Zawahiri? - Suskind’s book will also give the story of the CIA narrowing down the locations by monitoring local phone calls. He says that teams of CIA and FBI arrive in Faisalabad on March 17 for more intensive monitoring. Then, the key break comes near the end of the month, when two calls from a certain house in Faisalabad are made to phone numbers in Afghanistan that might be linked to Osama bin Laden or al-Qaeda number two leader Ayman al-Zawahiri. By this account, US intelligence already has a good idea which of the 14 locations Zubaida is in, because of those calls. [Suskind, 2006, pp. 87-89]
Explanations May Not Conflict - Note that these explanations do not necessarily conflict. For instance, bribes could have provided the lead that Zubaida was in Faisalabad, and then further CIA monitoring could have narrowed down his location there. Bribes also could have helped insure that Pakistani intelligence did not tip off Zubaida prior to the raid. The calls to Yemen and/or Afghanistan may have played a role along with other intelligence.

Entity Tags: Pakistan Directorate for Inter-Services Intelligence, National Security Agency, Al-Qaeda, Central Intelligence Agency, Deuce Martinez, Abu Zubaida, US intelligence, Pervez Musharraf

Timeline Tags: Complete 911 Timeline, War in Afghanistan

ABC News will later report that the first CIA secret prison is established in Thailand at this time to house Abu Zubaida, the first important al-Qaeda target who is captured at this time (see March 28, 2002). President Bush had recently authorized the creation of CIA prisons (see After February 7, 2002). After being captured in Pakistan and treated for gunshot wounds, Zubaida is flown to Thailand around the middle of April 2002 and housed in a small warehouse inside a US military base. He is waterboarded and interrogated (Mid-May 2002 and After). Later other secret prisons will open in other countries, such as Poland and Romania. [ABC News, 12/5/2005] This prison in Thailand apparently will close some time in 2003. [Washington Post, 11/2/2005] Some reports place the secret prison at the Voice of America relay station near the north-eastern Thai city of Udon Thani close to the border of Laos, but this is unconfirmed. [Sydney Morning Herald, 11/5/2005]

Entity Tags: Abu Zubaida, Central Intelligence Agency

Timeline Tags: Torture of US Captives, Complete 911 Timeline

Jay Bybee, the chief of the Justice Department’s Office of Legal Counsel (OLC), issues a classified memo to William Howard Taft IV, the chief counsel of the State Department, titled “The President’s Power as Commander in Chief to Transfer Captive Terrorists to the Control and Custody of Foreign Nations.” The memo, actually written by Bybee’s deputy John Yoo, says Congress has no authority to block the president’s power to unilaterally transfer detainees in US custody to other countries. In essence, the memo grants President Bush the power to “rendition” terror suspects to countries without regard to the law or to Congressional legislation, as long as there is no explicit agreement between the US and the other nations to torture the detainees. [US Department of Justice, 3/12/2002 pdf file; Savage, 2007, pp. 148; American Civil Liberties Union [PDF], 1/28/2009 pdf file; New York Times, 3/2/2009] The memo directly contradicts the 1988 Convention Against Torture (see October 21, 1994), which specifically forbids the transfer of prisoners in the custody of a signatory country to a nation which practices torture. Once the treaty was ratified by Congress in 1994, it became binding law. But Yoo and Bybee argue that the president has the authority as commander in chief to ignore treaties and laws that supposedly interfere with his power to conduct wartime activities. [Savage, 2007, pp. 148-149] In 2009, when the memos are made public (see March 2, 2009), Jennifer Daskal of Human Rights Watch says she is shocked at the memo: “That is [the Office of Legal Counsel] telling people how to get away with sending someone to a nation to be tortured. The idea that the legal counsel’s office would be essentially telling the president how to violate the law is completely contrary to the purpose and the role of what a legal adviser is supposed to do.” [Washington Post, 3/3/2009]

Entity Tags: John C. Yoo, Jay S. Bybee, Office of Legal Counsel (DOJ), US Department of Justice

Timeline Tags: Civil Liberties

The CIA comes up with a list of 10 “Enhanced Interrogation Techniques” that it will allow to be used on captured high-ranking al-Qaeda detainees. In 2005, ABC News will reveal six of the techniques on the list and describe them as follows:
bullet The Attention Grab: The interrogator forcefully grabs the shirt front of the prisoner and shakes him.
bullet The Attention Slap: An open-handed slap aimed at causing pain and triggering fear.
bullet The Belly Slap: A hard open-handed slap to the stomach. The aim is to cause pain, but not internal injury. Doctors consulted advised against using a punch, which could cause lasting internal damage.
bullet Long Time Standing: This technique is described as among the most effective. Prisoners are forced to stand, handcuffed and with their feet shackled to an eye bolt in the floor for more than 40 hours. Exhaustion and sleep deprivation are effective in yielding confessions.
bullet The Cold Cell: The prisoner is left to stand naked in a cell kept near 50 degrees. Throughout the time in the cell the prisoner is doused with cold water.
bullet Waterboarding: The prisoner is bound to an inclined board, feet raised, and head slightly below the feet. Cellophane is wrapped over the prisoner’s face and water is poured over him. Unavoidably, the gag reflex kicks in and a terrifying fear of drowning leads to almost instant pleas to bring the treatment to a halt. [ABC News, 11/18/2005]
The New York Times will later reveal that there are actually four more techniques on the list, but will not detail what they are. [New York Times, 11/9/2005]
Waterboarding Most Controversial Technique - Waterboarding will be the most controversial technique used. In centuries past, it was considered by some to be the most extreme form of torture, more so than thumbscrews or use of the rack. [Harper's, 12/15/2007] “The person believes they are being killed, and as such, it really amounts to a mock execution, which is illegal under international law,” says John Sifton of Human Rights Watch. CIA officials who allowed themselves to be waterboarded lasted, on average, 14 seconds before caving in. In addition, such confessions are dubious at best. “This is the problem with using the waterboard. They get so desperate that they begin telling you what they think you want to hear,” says one of the CIA sources. [ABC News, 11/18/2005]
List Compiled with Help from Egypt, Saudi Arabia - The list is secretly drawn up by a team including senior CIA officials, and officials from the Justice Department and the National Security Council. The CIA got help in making the list from governments like Egypt and Saudi Arabia that are notorious for their widespread use of torture (see Late 2001-Mid-March 2002). [New York Times, 11/9/2005] Apparently, “only a handful” of CIA interrogators are trained and authorized to use these techniques. Later this month, al-Qaeda leader Abu Zubaida will be captured and the CIA will begin using all of these techniques on him (see March 28, 2002). However, the White House will not give the CIA clear legal authority to do so until months after the CIA starts using these techniques on Zubaida (see March 28-August 1, 2002).
Techniques 'Cruel, Inhuman, and Degrading' under Treaty - In 2004, CIA Inspector General John Helgerson will determine in a classified report that these techniques appear to constitute cruel, inhuman, and degrading treatment under the Convention Against Torture, an international treaty signed by the US (see October 21, 1994 and May 7, 2004). Former CIA officer Robert Baer calls the use of such techniques “bad interrogation,” and notes, “[Y]ou can get anyone to confess to anything if the torture’s bad enough.” [ABC News, 11/18/2005]

Entity Tags: John Sifton, John Helgerson, Abu Zubaida, ABC News, Central Intelligence Agency, Robert Baer

Timeline Tags: Torture of US Captives, Civil Liberties

Secretary of Defense Donald Rumsfeld signs Military Commission Order No. 1 prescribing the procedures of the military commission trials (see November 10, 2001). The order says a two-third majority is required to determine a sentence and unanimity for applying the death penalty. It fails to provide for the possibility of appeals. It also says evidence submitted before a commission “shall” be declared admissible if the presiding officer or a majority of the commission members consider that it “would have probative value to a reasonable person.” [US Department of Defense, 3/21/2002 pdf file]
Fundamental Violations of Defendant Rights - Thus, if the presiding member or a majority considers a statement made under any form of coercion, including torture, to have some “probative value,” it “shall” be admitted. Professor Neal Katyal of Georgetown University later says this is a break with standard proceedings in civil courts and courts-martial and calls it “clearly at odds with American military justice.” [Los Angeles Times, 8/18/2004] Under the rules, the “Accused” is assigned a military officer to conduct his defense, but may select another officer. He may also retain a civilian attorney; however, he may only choose a lawyer who is vetted by the military. Unlike a military attorney, the civilian lawyer can be excluded from the trial if the presiding member of the commission decides to hold closed proceedings. This prompts Amnesty International to observe that the commissions “will restrict the right of defendants to choose their own counsel and to an effective defense.” [Amnesty International, 10/27/2004] Under the rules of the military commissions the military is allowed to monitor private conversations between defense lawyers and their clients. This violates, as Human Rights Watch remarks, “the fundamental notion of attorney-client confidentiality.” [Human Rights Watch, 1/9/2004]
Extraordinary Procedures for a 'Special Breed of Person' - In a discussion of the new rules, Deputy Secretary of Defense Paul Wolfowitz, in an appearance on the PBS NewsHour with Jim Lehrer, explains that the detainees being held in Guantanamo are “dangerous people, whether or not they go before a military commission.” He adds, “We’re dealing with a special breed of person here” and thusly new and far more draconian rules must be applied. [PBS, 3/21/2002]
Battle with JAG Lawyers - Rumsfeld worked with lawyers from the Pentagon’s Judge Advocate General (JAG) office to create the procedures for the commissions. The JAG lawyers viewed the commissions as well outside the established rule of law, both in due process as mandated by the Constitution and in the protections mandated by the Geneva Conventions. But Rumsfeld and his group of political appointees considered the JAGs too closed-minded, and insisted on procedures that horrified the military lawyers—low standards for convictions, denial of civilian attorneys, imposition of the death penalty without unanimous consent of the panel of officers judging the case, and other proposed procedures. The JAGs argued that some of the proposals floated by Rumsfeld and his staff would violate their own ethical standards and put them at risk for later prosecution for war crimes if adopted. One top JAG official threatened to resign if the procedures were not brought more in line with established military law. The final version is a compromise between the two camps. Major General Thomas Romig, the head of JAG, later says that the final version still is not what the JAGs would have created on their own. As reporter and author Charlie Savage will later write, based on Romig’s comments: “While less draconian than the political appointees’ initial plans, the military commissions were still legally objectionable in several respects. The commission rules, for example, allowed secret evidence that would be kept hidden from a defendant and allowed the admission of evidence obtained through coercive interrogations [torture]. Moreover, the special trials still had no explicit congressional authorization.” [Savage, 2007, pp. 138-139]

Entity Tags: Thomas J. Romig, US Department of Defense, Neal Katyal, Donald Rumsfeld, Human Rights Watch, Judge Advocate General Corps, Charlie Savage, Geneva Conventions, Paul Wolfowitz

Timeline Tags: Torture of US Captives, Civil Liberties

When al-Qaeda logistics manager Abu Zubaida is arrested in late March 2002 (see March 28, 2002), his computer is searched. According to the Washington Post: “When agents found Zubaida’s laptop computer, a senior law enforcement source said, they discovered that the vast majority of people he had been communicating with were being monitored under FISA warrants or international spying efforts. ‘Finally, we got some comfort’ that surveillance efforts were working, said a government official familiar with Zubaida’s arrest.” The fact some of his contacts are monitored under FISA warrants indicates that they are in the US, as FISA warrants are only used for US targets (see 1978). The monitoring of Abu Zubaida’s communications began in the mid-1990s, at the latest (see (Mid-1996) and October 1998 and After), and continued after 9/11 (see October 8, 2001). [Washington Post, 2/9/2006] Some will later suggest that Zubaida may have had mental problems (see Shortly After March 28, 2002), but this apparently did not stop him from being a key al-Qaeda contact point. FBI agent Dan Coleman, an expert on al-Qaeda, will later say that the FBI “all knew he was crazy, and they knew he was always on the damn phone.” [Washington Post, 12/18/2007] Vincent Cannistraro, former head of the CIA’s Counter Terrorism Center, says of Zubaida shortly after Zubaida’s capture, “He was the guy that had the direct contact with prominent al-Qaeda cell leaders abroad, and he knew where they all were. He would have been the guy co-ordinating new attacks.” [Observer, 4/7/2002]

Entity Tags: Dan Coleman, Vincent Cannistraro, Abu Zubaida

Timeline Tags: Complete 911 Timeline

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

In the wake of al-Qaeda leader Abu Zubaida’s arrest (see March 28, 2002), the FBI discovers much useful information (see Shortly After March 28, 2002). FBI agent Dan Coleman leads a team to sort through Zubaida’s computer files and documents. However, at the same time, some US officials come to believe that Zubaida’s prominence in al-Qaeda’s hierarchy has been overestimated. Many FBI officials conclude that he was used as little more than a travel agent for training camp attendees because he was mentally ill. [Suskind, 2006, pp. 94-96, 100]
FBI Agent Coleman: Zubaida Is Mentally Crippled - FBI counterterrorist operative Dan Coleman will go through Zubaida’s journals and other materials seized from his Faisalabad safe house. Coleman will say: “Abu Zubaydah was like a receptionist, like the guy at the front desk [of a hotel]. He takes their papers, he sends them out. It’s an important position, but he’s not recruiting or planning.” Because Zubaida is not conversant with al-Qaeda security methods, “[t]hat was why his name had been cropping up for years.” Of Zubaida’s diaries, Coleman will say: “There’s nothing in there that refers to anything outside his head, not even when he saw something on the news, not about any al-Qaeda attack, not even 9/11. All it does is reveal someone in torment. [Zubaida is physically and mentally crippled from wounds suffered fighting in Afghanistan in the early 1990s.] Based on what I saw of his personality, he could not be what they say he was.” [Vanity Fair, 12/16/2008] Coleman will add: “He knew very little about real operations, or strategy. He was expendable.” Zubaida’s diary evidences his apparent schizophrenia; he wrote it in three different personas, or voices, each with a different and distinctive personality. [Suskind, 2006, pp. 94-96, 100]
Islamist Al-Deen: Importance Overstated? - Noor al-Deen, a Syrian teenager, was captured along with Zubaida. The terrified al-Deen will readily answer questions from his captors, and will describe Zubaida as a well-known functionary with little knowledge of al-Qaeda operations. Al-Deen will be sent to a detention facility in Morocco and later to Syria; his subsequent whereabouts and status will remain unknown to the public. [Washington Post, 3/29/2009]
Informant Says Zubaida Behaved Oddly - Other accounts back up this assessment. For instance, Omar Nasiri, a former informant for European intelligence agencies who met Zubaida in the 1990s, will later describe Zubaida’s odd behavior, saying he “shuffled around his home in near-total darkness, carrying a gas lantern from room to room. He barely spoke and would often communicate by pointing.” [New Yorker, 1/22/2007]
CIA Officer Scheuer: Zubaida Served as Key Hub - Michael Scheuer, who previously ran the CIA’s bin Laden unit (see February 1996), will later say of Zubaida’s importance: “I’d followed him for a decade. If there was one guy you could call a ‘hub,’ he was it.” Scheuer will describe Zubaida not as an actual al-Qaeda member, but “the main cog in the way they organized,” a point of contact for Islamists from many parts of the globe seeking combat training in the Afghan camps. Scheuer will say that Zubaida, a Palestinian, “never swore bayat [al-Qaeda’s oath of allegiance] to bin Laden,” and he was bent on causing damage to Israel, not the US. [Vanity Fair, 12/16/2008]
Involvement in Pre-9/11 Plots - However, Zubaida does appear to have been involved in numerous plots before 9/11 (see for instance November 30, 1999 and Early September 2001). Al-Qaeda operative Ahmed Ressam cooperated with US investigators after being arrested. He worked with Zubaida and suggested Zubaida was of some importance, but not one of al-Qaeda’s highest leaders. According to Ressam, Zubaida “is the person in charge of the [training] camps. He receives young men from all countries. He accepts you or rejects you. He takes care of the expenses of the camps. He makes arrangements for you when you travel coming in or leaving.” [Gunaratna, 2003, pp. 133] Furthermore, when Zubaida was caught, apparently he and several others staying with him were in the middle of building a bomb. According to one of the CIA officers who helped capture him, the soldering iron used in making the bomb was still hot when he was captured (see Shortly After March 28, 2002). [Senate Intelligence Committee, 4/22/2009 pdf file]
CIA Chief Tenet Rejects Diagnosis of Schizophrenia - In a 2007 book, former CIA Director George Tenet will claim that the reports that Zubaida was mentally unstable were “[b]aloney.… Apparently, the source of the rumor that Abu Zubaida was unbalanced was his personal diary, in which he adopted various personas. From that shaky perch, some junior Freudians leapt to the conclusion that Zubaida had multiple personalities. In fact, agency psychiatrists eventually determined that in his diary he was using a sophisticated literary device to express himself.” [Tenet, 2007, pp. 243]
Zubaida Touted as High-Level Terror Chief - Regardless, despite being briefed otherwise, President Bush and others in his administration will repeatedly tout the importance of capturing Zubaida and no hint of any doubts about his importance or sanity will be publicly expressed (see April 9, 2002 and After). [Suskind, 2006, pp. 94-96, 100]

Entity Tags: Ron Suskind, George J. Tenet, Dan Coleman, Bush administration (43), George W. Bush, Abu Zubaida, Ahmed Ressam, Omar Nasiri, Noor al-Deen

Timeline Tags: Complete 911 Timeline

In a 2006 book, New York Times reporter James Risen will claim that shortly after al-Qaeda leader Abu Zubaida is captured in March 2002, “According to a well-placed source with a proven track record of providing extremely reliable information to the author, [CIA Director] George Tenet soon learned that [President] George Bush was taking a very personal interest in the Zubaida case.” Just days after Zubaida’s arrest, Tenet goes to the White House to give his usual daily Presidential Daily Briefing (PDB). Bush asks Tenet about what the CIA is learning from Zubaida’s interrogation. Tenet replies that nothing has been learned yet because Zubaida is heavily wounded and is too groggy from painkillers to talk coherently. Bush then allegedly asks Tenet, “Who authorized putting him on pain medication?” Risen will comment, “It is possible that this was just one more piece of jocular banter between the two plain-speaking men, according to the source who recounted this incident. Bush’s phrasing was ambiguous. But it is also possible that the comment meant something more. Was [Bush] implicitly encouraging [Tenet] to order the harsh treatment of a prisoner?” Risen notes that some of Tenet’s associates claim they have never heard of the incident and doubt that it is true. [Risen, 2006, pp. 22-23] Later, it appears Bush will be deliberately kept out of the loop regarding the treatment of Zubaida and other detainees in order to avoid culpability for the harsh interrogation methods used (see April 2002 and After).

Entity Tags: James Risen, Abu Zubaida, George W. Bush, George J. Tenet

Timeline Tags: Torture of US Captives, Complete 911 Timeline

In the days following the capture of al-Qaeda operative Abu Zubaida (see March 28, 2002), a group of top White House officials, the National Security Council’s Principals Committee, begins a series of meetings that result in the authorization of specific torture methods against Zubaida and other detainees. The top secret talks and meetings eventually approve such methods to be used by CIA agents against high-value terrorism suspects. The US media will not learn of this until six years later (see April 9, 2008). The Principals Committee meetings are chaired by National Security Adviser Condoleezza Rice, and attendees include Vice President Dick Cheney, CIA Director George Tenet, Secretary of Defense Donald Rumsfeld, Secretary of State Colin Powell, and Attorney General John Ashcroft. Tenet’s successor, Porter Goss, will also participate in the meetings. Sometimes deputies attend in place of their superiors. Rice’s group not only discusses and approves specific “harsh” methods of interrogation, but also approves the use of “combined” interrogation techniques on suspects who prove recalcitrant. The approved techniques include slapping and shoving prisoners, sleep deprivation, and waterboarding, or simulated drowning, a technique banned for decades by the US military. Some of the discussions of the interrogation sessions are so detailed that the Principals Committee virtually choreographs the sessions down to the number of times CIA agents can use specific tactics. [ABC News, 4/9/2008; Associated Press, 4/10/2008; ABC News, 4/11/2008] The Principals Committee also ensures that President Bush is not involved in the meetings, thereby granting him “deniability” over the decisions, though Bush will eventually admit to being aware of the decisions (see April 11, 2008). The Principals Committee, particularly Cheney, is described by a senior intelligence official as “deeply immersed” in the specifics of the decisions, often viewing demonstrations of how specific tactics work. [Associated Press, 4/10/2008]
Imminent Threat Calls for Extreme Measures - The move towards using harsh and likely illegal interrogation tactics begins shortly after the capture of Zubaida in late March 2002 (see Late March through Early June, 2002 and March 28, 2002). Zubaida is seen as a potentially critical source of information about potential attacks similar to 9/11. He is kept in a secret CIA prison where he recovers from the wounds suffered during his capture, and where he is repeatedly questioned. However, he is allegedly uncooperative with his inquisitors, and CIA officials want to use more physical and aggressive techniques to force him to talk (see March 28, 2002-Mid-2004 and April - June 2002). The CIA briefs the Principals Committee, chaired by Rice, and the committee signs off on the agency’s plan to use more extreme interrogation methods on Zubaida. After Zubaida is waterboarded (see April - June 2002), CIA officials tell the White House that he provided information leading to the capture of two other high-level al-Qaeda operatives, Khalid Shaikh Mohammed (see Shortly After February 29 or March 1, 2003) and Ramzi bin al-Shibh (see Late 2002 and May 2002-2003). The committee approves of waterboarding as well as a number of “combined” interrogation methods, basically a combination of harsh techniques to use against recalcitrant prisoners.
The 'Golden Shield' - The committee asks the Justice Department to determine whether using such methods would violate domestic or international laws. “No one at the agency wanted to operate under a notion of winks and nods and assumptions that everyone understood what was being talked about,” a second senior intelligence official will recall in 2008. “People wanted to be assured that everything that was conducted was understood and approved by the folks in the chain of command.” In August 2002, Justice Department lawyers in the Office of Legal Counsel will write a memo that gives formal legal authority to government interrogators to use harsh, abusive methods on detainees (see August 1, 2002). The memo is called the “Golden Shield” for CIA agents who worry that they could be held criminally liable if the harsh, perhaps tortuous interrogations ever become public knowledge. CIA veterans remember how everything from the Vietnam-era “Phoenix Program” of assassinations to the Iran-Contra arms sales of the 1980s were portrayed as actions of a “rogue,” “out-of-control” CIA; this time, they intend to ensure that the White House and not the agency is given ultimate responsibility for authorizing extreme techniques against terror suspects. Tenet demands White House approval for the use of the methods, even after the Justice Department issues its so-called “Golden Shield” memo explicitly authorizing government interrogators to torture suspected terrorists (see August 1, 2002). Press sources will reveal that Tenet, and later Goss, convey requests for specific techniques to be used against detainees to the committee (see Summer 2003). One high-ranking official will recall: “It kept coming up. CIA wanted us to sign off on each one every time. They’d say: ‘We’ve got so and so. This is the plan.’” The committee approves every request. One source will say of the discussions: “These discussions weren’t adding value. Once you make a policy decision to go beyond what you used to do and conclude it’s legal, [you should] just tell them to implement it.” [ABC News, 4/9/2008; Associated Press, 4/10/2008; ABC News, 4/11/2008] In April 2008, law professor Jonathan Turley will say: “[H]ere you have the CIA, which is basically saying, ‘We’re not going to have a repeat of the 1970s, where you guys have us go exploding cigars and trying to take out leaders and then you say you didn’t know about it.’ So the CIA has learned a lot. So these meetings certainly cover them in that respect.” [MSNBC, 4/10/2008] A former senior intelligence official will say, “If you looked at the timing of the meetings and the memos you’d see a correlation.” Those who attended the dozens of meetings decided “there’d need to be a legal opinion on the legality of these tactics” before using them on detainees. [Associated Press, 4/10/2008]
Ashcroft Uneasy at White House Involvement - Ashcroft in particular is uncomfortable with the discussions of harsh interrogation methods that sometimes cross the line into torture, though his objections seem more focused on White House involvement than on any moral, ethical, or legal problems. After one meeting, Ashcroft reportedly asks: “Why are we talking about this in the White House? History will not judge this kindly.” However, others in the discussions, particularly Rice, continue to support the torture program. Even after Jack Goldsmith, the chief of the Justice Department’s Office of Legal Counsel (OLC), withdraws the “Golden Shield” memo and after Powell begins arguing that the torture program is harming the image of the US abroad, when CIA officials ask to continue using particular torture techniques, Rice responds: “This is your baby. Go do it.”
Reaction after Press Learns of Meetings - After the press learns of the meetings (see April 9, 2008), the only person involved who will comment will be Powell, who will say through an assistant that there were “hundreds of [Principals Committee] meetings” on a wide variety of topics and that he is “not at liberty to discuss private meetings.” [ABC News, 4/9/2008; Associated Press, 4/10/2008; ABC News, 4/11/2008]

Entity Tags: Office of Legal Counsel (DOJ), Porter J. Goss, US Department of Justice, Ramzi bin al-Shibh, Richard (“Dick”) Cheney, Principals Committee, Khalid Shaikh Mohammed, Jack Goldsmith, John Ashcroft, Bush administration (43), Al-Qaeda, Abu Zubaida, Central Intelligence Agency, Colin Powell, Condoleezza Rice, George W. Bush, George J. Tenet, Donald Rumsfeld, Jonathan Turley, National Security Council

Timeline Tags: Torture of US Captives, Civil Liberties

Justice Department lawyer Patrick Philbin sends a classified memo to Daniel Bryant, a lawyer with the Justice Department’s Office of Legal Counsel, concerning the “Swift Justice Authorization Act.” The memo states that Congress has no power to interfere with President Bush’s authority to act as commander in chief to control US actions during wartime, including Bush’s authority to promulgate military commissions to try and sentence suspected terrorists and other detainees taken by the US as part of its “war on terror.” Philbin’s colleague, OLC lawyer John Yoo, will cite this memo in his 2003 memo concerning the military interrogation of so-called enemy combatants (see March 14, 2003). [US Department of Justice, 4/8/2002 pdf file; American Civil Liberties Union [PDF], 1/28/2009 pdf file] The memo will be made public in early 2009 (see March 2, 2009).

Entity Tags: Office of Legal Counsel (DOJ), Patrick F. Philbin, US Department of Justice, Daniel Bryant, John C. Yoo

Timeline Tags: Civil Liberties

The capture of al-Qaeda leader Abu Zubaida (see March 28, 2002) is leaked to the press shortly after it occurs and on April 9, 2002, President Bush says in a speech: “The other day we hauled in a guy named Abu Zubaida. He’s one of the top operatives planning death and destruction on the United States. He’s not plotting and planning anymore.” In the weeks and months that follow, Bush and others in his administration will repeatedly tout the importance of capturing Zubaida. He is frequently described as “chief of operations” for all of al-Qaeda and the group’s number three leader. Zubaida is the only significant al-Qaeda capture in the first year after 9/11, so there is pressure to hype his importance. However, at the time there is a raging debate among US intelligence analysts as to Zubaida’s actual importance and even his mental sanity (see Shortly After March 28, 2002). According to journalist Ron Suskind, one day, when CIA Director George Tenet reminds Bush that Zubaida was not such a top leader after all, Bush reportedly says to him: “I said he was important. You’re not going to let me lose face on this, are you?” Tenet replies, “No sir, Mr. President.” Suskind will later comment: “In the wide, diffuse ‘war on terror,’ so much of it occurring in the shadows—with no transparency and only perfunctory oversight—the administration could say anything it wanted to say.… The administration could create whatever reality was convenient.” [Suskind, 2006, pp. 99-100] But in 2006, the Office of the Director of National Intelligence (DNI) will issue a report containing the biographies of al-Qaeda detainees held at Guantanamo. In marked contrast to previous announcements, this biography downgrades the importance of Zubaida. It merely calls him a “leading extremist facilitator” and “one of al-Qaeda’s senior travel facilitators,” and says he is “not believed to be directly linked to the attacks on 11 September 2001.” [Office of the Director of National Intelligence, 9/6/2006 pdf file; Time, 9/6/2006; Dickey, 2009, pp. 77] In 2006, Bush will make new claims about Zubaida’s capture that are at odds with the known facts (see September 6, 2006).

Entity Tags: Ron Suskind, George W. Bush, Bush administration (43), Abu Zubaida, George J. Tenet

Timeline Tags: Complete 911 Timeline

Binyam Mohamed, a young British Muslim detained by Pakistani authorities while attempting to fly to London (see September 2001 - April 9, 2002), remains in Pakistani custody for two weeks before he is interrogated by an American FBI agent calling himself “Chuck.”
Denied Lawyer - Mohamed asks for a lawyer and Chuck replies, according to Mohamed: “The law’s changed. There are no lawyers. Either you’re going to answer me the easy way or I get the information I need another way.” Like other American intelligence and law enforcement agents, Chuck wants information about possible radioactive bombs or weapons in the hands of Islamist militants. “Every interrogator would ask questions about it,” a former CIA officer will later say.
Spoof Website - Mohamed unwittingly sets off alarms when he mentions having seen a spoof website with instructions on how to build a nuclear device—the instructions say that one can refine bomb-grade uranium by whirling a bucket around one’s head. In 2009, Mohamed will recall: “I mentioned the website to Chuck. It was obviously a joke: it never crossed my mind that anyone would take it seriously. But that’s when he started getting all excited.” Chuck begins accusing Mohamed of being in league with Osama bin Laden to construct a nuclear weapon: “Towards the end of April he began telling me about this A-bomb I was supposed to be building, and he started on about Osama bin Laden and his top lieutenants, showing me pictures and making out I must have known them.”
Harsh Methods - “He started asking me about operations and what type I had been trained for,” Mohamed will add. It is during this time that Mohamed is subjected to harsh, abusive interrogation methods: “For at least 10 days I was deprived of sleep. Sometimes the Pakistanis chained me from the top of the gate to the cell by my wrists from the end of one interrogation to the start of the next for about 22 hours. If I shouted, sometimes I would be allowed to use a toilet. Other times, they wouldn’t let me go and I would p_ss myself. They had a thick wooden stick, like a kind of paddle, which they used to beat me while I was chained. They’d beat me for a few minutes, then stop, then start again. They also carried out a mock execution. A guard put a gun to my head and said he was going to pull the trigger. They were saying, ‘This is what the Americans want us to do.’” [Daily Mail, 3/8/2009]

Entity Tags: Central Intelligence Agency, “Chuck” (FBI agent), Federal Bureau of Investigation, Binyam Mohamed

Timeline Tags: Torture of US Captives

These two men were captured or killed during the raid to get Abu Zubaida. Their names are not known.These two men were captured or killed during the raid to get Abu Zubaida. Their names are not known. [Source: ABC News]Omar Ghramesh had been captured in a house in Faisalabad, Pakistan, at the same time as al-Qaeda leader Abu Zubaida (see March 28, 2002). He is temporarily held in Pakistan and while there he is shown pictures of Zubaida looking battered and bruised. He is told, “If you don’t talk, this is what will happen to you.” It is not clear if he is in US or Pakistani custody at this time, as the arrest of Zubaida and his associates was a joint US-Pakistani operation. But Ghramesh does not talk, and on May 14, 2002, he and two others will be renditioned to a torture center in Syria called the Palestine Branch. There, Ghramesh will meet Abdullah Almalki, a dual Syrian and Canadian citizen who has also been renditioned to Syria to be tortured, and he will tell Almalki the account of being shown the pictures of Zubaida. [Grey, 2007, pp. 4, 54, 284] Almalki will later be found innocent of all terrorist ties and let go. [Grey, 2007, pp. 4, 54, 284] Then, in 2006, he will tell the account of the Zubaida photos to journalist Stephen Grey. There is no sign Ghramesh has been freed. [Grey, 2007, pp. 4, 54, 284] In late 2007, it will be reported that all videotapes of Zubaida’s interrogation were destroyed (see November 2005), but Ghramesh’s account suggests there may be surviving photos.

Entity Tags: Omar Ghramesh, Abdullah Almalki

Timeline Tags: Torture of US Captives, Complete 911 Timeline

Around mid-April 2002, the CIA begins using aggressive interrogation techniques on al-Qaeda leader Abu Zubaida. A new CIA team led by psychologist James Elmer Mitchell arrives and takes control of Zubaida’s interrogation from the FBI (see Mid-April 2002). This team soon begins using techniques commonly described as torture, such as waterboarding (see April - June 2002, May 2002-2003 and Mid-May 2002 and After). Journalist James Risen will write in a 2006 book: “The assertions that the CIA’s tactics stopped short of torture were undercut by the fact that the FBI decided that the tactics were so severe that the bureau wanted no part of them, and FBI agents were ordered to stay away from the CIA-run interrogations. FBI agents did briefly see Abu Zubaida in custody, and at least one agent came away convinced that Zubaida was being tortured, according to an FBI source.” [Risen, 2006, pp. 32] Newsweek will similarly report in 2007 that Zubaida’s interrogation “sparked an internal battle within the US intelligence community after FBI agents angrily protested the aggressive methods that were used. In addition to waterboarding, Zubaida was subjected to sleep deprivation and bombarded with blaring rock music by the Red Hot Chili Peppers. One agent was so offended he threatened to arrest the CIA interrogators, according to two former government officials directly familiar with the dispute.” [Newsweek, 12/12/2007] The FBI completely withdraws its personnel, wanting to avoid legal entanglements with the dubious methods. The CIA then is able to use even more aggressive methods on Zubaida (see Mid-May 2002 and After). [New York Times, 9/10/2006] The CIA torture of Zubaida produces a raft of almost useless information (see Mid-April 2002 and June 2002). Zubaida, already mentally unstable (see Shortly After March 28, 2002), says yes to every question asked of him: if al-Qaeda is planning on bombing shopping malls, banks, supermarkets, nuclear plants, apartment buildings, and water systems. After each “confession,” the CIA cables Washington with the “intelligence,” and much of it is given to President Bush. White House officials will use Zubaida’s dubious admissions to issue many groundless terror warnings and alerts. [Savage, 2007, pp. 220]

Entity Tags: Abu Zubaida, Al-Qaeda, Central Intelligence Agency, Federal Bureau of Investigation

Timeline Tags: Torture of US Captives, Complete 911 Timeline

The law offices of Mitchell, Jessen and Associates are in this American Legion Building in Spokane, Washington.The law offices of Mitchell, Jessen and Associates are in this American Legion Building in Spokane, Washington. [Source: Brian Plonka / Spokesman-Review]The FBI has been interrogating captured al-Qaeda leader Abu Zubaida at a secret CIA prison in Thailand and learning valuable intelligence information (see Late March through Early June, 2002). However, the prison is controlled by the CIA and the FBI is only in control until a team of CIA interrogators arrives, which apparently happens around mid-April 2002. The FBI has been using humane rapport-building techniques, but the new CIA team immediately abandons this approach. The team is lead by psychologist James Mitchell, who runs a consulting business in Washington State with psychologist Bruce Jessen (see January 2002 and After). Both worked in SERE (Survival, Evasion, Resistance, Escape), a classified US military training program which trains soldiers to endure being tortured by the enemy. Mitchell and Jessen reverse-engineered the techniques inflicted in the SERE training so they could be used on Zubaida and other detainees. [Vanity Fair, 7/17/2007] SERE trainees are subjected to “waterboarding (simulated drowning), sleep deprivation, isolation, exposure to temperature extremes, enclosure in tiny spaces, bombardment with agonizing sounds, and religious and sexual humiliation.” One European official knowledgeable about the SERE program will say of Mitchell and Jessen: “They were very arrogant, and pro-torture.… They sought to render the detainees vulnerable—to break down all of their senses.” The use of these psychologists also helps to put a veneer of scientific respectability over the torture techniques favored by top officials. One former US intelligence community adviser will later say: “Clearly, some senior people felt they needed a theory to justify what they were doing. You can’t just say, ‘We want to do what Egypt’s doing.’ When the lawyers asked what their basis was, they could say, ‘We have PhD’s who have these theories.’” [New Yorker, 8/6/2007] But Mitchell and Jessen have no experience in conducting interrogations and have no proof that their techniques are effective. In fact, the SERE techniques are based on Communist interrogation techniques from the Korean War, designed not to get valuable intelligence but to generate propaganda by getting US prisoners to make statements denouncing the US (see December 2001). Air Force Reserve colonel Steve Kleinman, an expert in human intelligence operations, will later say he finds it astonishing the CIA “chose two clinical psychologists who had no intelligence background whatsoever, who had never conducted an interrogation… to do something that had never been proven in the real world.” FBI official Michael Rolince calls their techniques “voodoo science.” In 2006, a report by the best-known interrogation experts in the US will conclude that there is no evidence that reverse-engineered SERE tactics are effective in obtaining useful intelligence. But nonetheless, from this time forward Zubaida’s interrogations will be based on these techniques. [Vanity Fair, 7/17/2007]

Entity Tags: James Elmer Mitchell, Abu Zubaida, Steve Kleinman, Michael Rolince, Bruce Jessen, Central Intelligence Agency

Timeline Tags: Torture of US Captives, Complete 911 Timeline

R. Scott Shumate.R. Scott Shumate. [Source: American Psychological Association]Held in a secret CIA prison in Thailand, al-Qaeda leader Abu Zubaida is interrogated by a new team of CIA interrogators led by James Elmer Mitchell and Dr. R. Scott Shumate. Mitchell is a psychologist contracted to the CIA, while Shumate is the chief operational psychologist for the CIA’s Counterterrorist Center. Mitchell wants to use torture techniques based on reverse-engineering SERE (Survival, Evasion, Resistance, Escape), a class he has taught that trains US soldiers to resist torture by the enemy. But the techniques have never been tried before and studies will later determine they are not effective in obtaining good intelligence (see Mid-April 2002). Zubaida is resistant to Mitchell’s new aggressive techniques and refuses to talk. Mitchell concludes Zubaida will only talk when he has been rendered completely helpless and dependent, so the CIA begins building a coffin to bury Zubaida alive in but not actually kill him. This creates an intense controversy over the legality of such a technique, and ultimately it appears the burying alive is never carried out. Both domestic and international law clearly prohibits death threats and simulated killings. However, a number of aggressive techniques have just been approved at the highest political level (see Mid-March 2002), so opponents to these techniques are mostly powerless. Shumate is so strongly opposed to these techniques that he leaves in disgust. He will later tell his associates that it was a mistake for the CIA to hire Mitchell. But with Shumate gone, Mitchell is now free to use more extreme methods, and the torture of Zubaida begins in earnest around the middle of May. [Vanity Fair, 7/17/2007] Around this time, the FBI also washes its hands of the controversial techniques and withdraws its personnel from the secret prison (see Mid-April-May 2002).

Entity Tags: R. Scott Shumate, Counterterrorist Center, Abu Zubaida, Central Intelligence Agency, James Elmer Mitchell

Timeline Tags: Torture of US Captives, Complete 911 Timeline

This picture of US soldiers supervising the waterboarding of North Vietnamese prisoners was published in a US newspaper in 1968, resulting in an investigation and convictions.This picture of US soldiers supervising the waterboarding of North Vietnamese prisoners was published in a US newspaper in 1968, resulting in an investigation and convictions. [Source: Bettmann / Corbis]In 2007, it will be reported that the CIA used the controversial interrogation technique of waterboarding on at least three detainees. The Associated Press will claim the detainees are:
bullet Abu Zubaida, who is captured in March 2002 and tortured around May 2002 (see March 28, 2002 and Mid-May 2002 and After).
bullet Abd al-Rahim al-Nashiri, who is captured in November 2002 (see Early October 2002 and (November 2002)).
bullet Khalid Shaikh Mohammed (KSM), who is allegedly captured in early 2003 (see February 29 or March 1, 2003 and Shortly After February 29 or March 1, 2003). [Associated Press, 12/11/2007]
bullet NBC News will report a list of three that includes Hambali, who is captured in August 2003 (see August 12, 2003 and Shortly After August 12, 2003). NBC’s list also mentions KSM and Zubaida, but does not mention al-Nashiri. [MSNBC, 9/13/2007] In a 2007 book, former CIA Director George Tenet will hint that slightly more than three may have been waterboarded, writing, “The most aggressive interrogation techniques conducted by CIA personnel were applied to only a handful of the worst terrorists on the planet, including people who had planned the 9/11 attacks…” [Tenet, 2007, pp. 242] ABC News will claim in September 2007, “It is believed that waterboarding was used on fewer than five ‘high-value’ terrorist subjects…” [ABC News, 9/14/2007] Prior to 2002, waterboarding was classified by the US government as a form of torture, and treated as a serious criminal offense. US soldiers were court-martialled for waterboarding captives as recently as the Vietnam War. The technique is said to simulate death by drowning. [New Yorker, 8/6/2007] In the 1600s, King James I of England wrote about the torture his government was using and stated that waterboarding was the most extreme form of torture used, worse than the rack and thumbscrews. [Harper's, 12/15/2007] In 2007, it will be revealed that at least some of the interrogations of Zubaida and al-Nashiri were videotaped, and it is suspected by some that their waterboarding may have been taped (see Spring-Late 2002). These tapes will later be destroyed under controversial circumstances (see November 2005). A government official will later claim that waterboarding is no longer used after 2003. The CIA and US military will prohibit the use of waterboarding in 2006. [Associated Press, 12/11/2007]

Entity Tags: George J. Tenet, Central Intelligence Agency, Abd al-Rahim al-Nashiri, Hambali, Khalid Shaikh Mohammed, Abu Zubaida

Timeline Tags: Torture of US Captives, Complete 911 Timeline

Coming from Pakistan, Jose Padilla steps off the plane at Chicago’s O’Hare International Airport and is arrested by FBI agents. Padilla is carrying $10,526, a cell phone, the names and phone numbers of his al-Qaeda training camp sponsor and recruiter, and e-mail addresses of other al-Qaeda operatives. The FBI takes him to New York and holds him in federal criminal custody on the basis of a material witness warrant in connection to a grand jury investigation into the 9/11 attacks. Padilla is a Muslim convert and also goes by the name of Abdullah Al-Muhajir. [Associated Press, 6/2004; Supreme Court opinion on writ of certiorari to the United States Court of Appeals for the Second Circuit. Donald Rumsfeld v. Jose Padilla, 6/28/2004]

Entity Tags: Federal Bureau of Investigation, Al-Qaeda, Jose Padilla

Timeline Tags: Torture of US Captives

The New York Post has a banner headline on May 16, 2002.The New York Post has a banner headline on May 16, 2002. [Source: New York Post]The Bush administration is embarrassed when the CBS Evening News reveals that President Bush had been warned about al-Qaeda domestic attacks in August 2001 (see August 6, 2001). [New York Times, 5/15/2002; Washington Post, 5/16/2002] CBS’s David Martin reports: “The president’s daily intelligence brief is delivered to the president each morning, often by the director of central intelligence himself. In the weeks before 9/11 it warned that an attack by Osama bin Laden could involve the hijacking of a US aircraft.” [McClellan, 2008, pp. 113] Bush had repeatedly said that he had “no warning” of any kind. Press secretary Ari Fleischer states unequivocally that while Bush had been warned of possible hijackings, “[t]he president did not—not—receive information about the use of airplanes as missiles by suicide bombers.” [New York Times, 5/15/2002; Washington Post, 5/16/2002] “Until the attack took place, I think it’s fair to say that no one envisioned that as a possibility.” [MSNBC, 9/18/2002] Fleischer claims the August memo was titled “Bin Laden Determined to Strike the US,” but the real title is soon found to end with “Strike in US” [Washington Post, 5/18/2002] The Guardian will state a few days later, “[T]he memo left little doubt that the hijacked airliners were intended for use as missiles and that intended targets were to be inside the US.” It further states that, “now, as the columnist Joe Conason points out in the current edition of the New York Observer, ‘conspiracy’ begins to take over from ‘incompetence’ as a likely explanation for the failure to heed—and then inform the public about—warnings that might have averted the worst disaster in the nation’s history.” [Guardian, 5/19/2002] Current deputy press secretary Scott McClellan will point out in 2008: “The [CBS] report left much open to question. Was it suggesting that the president had received info that should have led him to act? Was it just a possible warning sign, like many others that may have gone unheeded? Or was it something else, possibly a nonspecific bit of intelligence from years earlier?” McClellan will write that the uncertainty “mattered little to Democratic leaders in Congress. They saw an opportunity to attack the president’s strong suit—his leadership in the war on terrorism—and cut into his enormous popularity ahead of the midterm elections that coming November.” [McClellan, 2008, pp. 113]

Entity Tags: Bush administration (43), David Martin, Osama bin Laden, George W. Bush, Scott McClellan, Ari Fleischer, Joe Conason

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

Saud al-Rashid.
Saud al-Rashid. [Source: FBI]A CD-ROM containing a picture of a young Saudi man named Saud al-Rashid is seized in an al-Qaeda safe house in Karachi, Pakistan. The CD also contains the pictures of three 9/11 hijackers, Nawaf Alhazmi, Khalid Almihdhar, and Abdulaziz Alomari, placed in the same folder with the picture of al-Rashid. The pictures are all passport photos or pages of entry and exit stamps from the same passports. All the computer files of the pictures were saved in May 2001. A senior US official says that investigators “were able to take this piece of information and it showed clear signals or lines that [al-Rashid] was connected to 9/11.” Media reports in 2002 say that the raid takes place on August 15, but an FBI report made public years later will show the raid took place on May 16 but the importance of the CD-ROM’s contents was not discovered until August 15. [Associated Press, 8/21/2002; 9/11 Commission, 7/24/2004, pp. 526; Federal Bureau of Investigation, 2010]
Al-Rashid Escapes Dragnet - On August 21, six days after the files on the CD-ROM are discovered, the US will issue a worldwide dragnet to find al-Rashid. [Associated Press, 8/21/2002] But they are unable to catch him because a few days later, he flees from Egypt to Saudi Arabia and turns himself in to the Saudi authorities. The Saudis apparently will not try him for any crime or allow the FBI to interview him. [CNN, 8/26/2002; CNN, 8/31/2002]
Al-Rashid's Background - Al-Rashid was in Afghanistan in 2000 and 2001, where he met 9/11 hijacker Ahmed Alhaznawi “once or twice” in a guest house. [New York Times, 7/29/2003; 9/11 Commission, 7/24/2004, pp. 526] Although detainees identify him as a candidate 9/11 hijacker, he claims not to have met Osama bin Laden or Khalid Shaikh Mohammed (KSM), or even to have heard of al-Qaeda. Under interrogation, KSM will say al-Rashid was headstrong and immature and dropped out of the plot after returning to Saudi Arabia for a visa, either due to second thoughts or the influence of his family. However, doubts will be raised about the reliability of KSM’s statements under interrogation (see August 6, 2007). [9/11 Commission, 7/24/2004, pp. 526] Intriguingly, al-Rashid’s father is Hamid al-Rashid, a Saudi government official who paid a salary to Omar al-Bayoumi, an associate of both Almihdhar and Alhazmi who is later suspected of being a Saudi agent. [New York Times, 7/29/2003]
Passport Clue - Also intriguingly, the pictures from Saeed Alghamdi’s and Khalid Almihdhar’s passports show the passports were issued at “Holy Capital.” This may be an indicator placed by the Saudi government to show that the passport holders are radicals. [Federal Bureau of Investigation, 2010]
Other Evidence? - Florida FBI agent Tom Yowell will later mention to the 9/11 Commission that he remembers some other 9/11-related evidence captured in a May 2002 Karachi raid, including mention of the address of a Virginia post office box (see February 19-20, 2001 and April 3-4, 2001 and around) and videos of the 9/11 hijackers. But which hijackers were videotaped, and where and when, is not mentioned. [9/11 Commission, 12/4/2003 pdf file]

Entity Tags: Khalid Shaikh Mohammed, Khalid Almihdhar, Nawaf Alhazmi, Omar al-Bayoumi, Tom Yowell, Hamid al-Rashid, Saud al-Rashid, Al-Qaeda, Federal Bureau of Investigation, Abdulaziz Alomari, Ahmed Alhaznawi

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

A British MI5 officer calling himself “John” visits Muslim terror suspect Binyam Mohamed while Mohamed is in Pakistani custody (see April 10-May, 2002). Mohamed has already been extensively interrogated by Americans and tortured by his Pakistani captors. John, whom later court documents show is fully aware of what has been done to Mohamed, is accompanied by another man, whom Mohamed believes is either British or American. The American interrogators have already threatened to “rendition” Mohamed “somewhere where I would be tortured far worse, like Jordan or Egypt,” he will later recall. “I was given a cup of tea and asked for one sugar. The other guy told me, ‘You’ll need more than one sugar where you’re going.’” The interrogation centers on Mohamed’s knowledge of nuclear devices that Islamist militants might have, and he is asked for more details about the “spoof” Web site he had earlier mentioned. “They asked me about the A-bomb website and I told them it was a joke,” he says. “They wanted to know everything about my life in the UK and I gave them all the information I had. Later I realized that was part of my undoing: I told them the area I lived in had 10,000 Moroccans and was known as Little Morocco. The feedback I got later from the Americans was that because the Brits told them I had lived in a Moroccan area, they thought Moroccans would be more likely to make me talk. At the same time, they thought I must know something about what Moroccans were up to in London.” It is at this time that his American and British interrogators begin threatening to send him to Morocco to be interrogated and tortured. MI5 concludes, according to its own documents later revealed in court, that Mohamed and another prisoner are both “lying to protect themselves” and “evidently holding back.” It is during this period that MI5 begins supplying the Americans with questions and information to use during interrogation (see February 24, 2009). “John told me that if I cooperated he’d tell the Americans to be more lenient with my treatment,” Mohamed will later recall. In a confidential memo written by John to his superiors, the British agent writes: “I told Mohammed [sic] that he had an opportunity to help us and help himself. The US authorities will be deciding what to do with him and this would depend to a very large degree on his cooperation—I said that I could not and would not negotiate up front, but if he persuaded me he was cooperating fully then (and only then) I would explore what could be done for him with my US colleagues.… While he appeared happy to answer any questions, he was holding back a great deal of information on who and what he knew in the UK and in Afghanistan.” In July, Mohamed will be flown to Rabat, Morocco (see July 21, 2002 -- January 2004). [Daily Mail, 3/8/2009]

Entity Tags: UK Security Service (MI5), “John” (MI5 agent), Central Intelligence Agency, Binyam Mohamed

Timeline Tags: Torture of US Captives

The Bush administration issues a remarkable series of terror warnings that many believe are politically motivated. Vice President Cheney warns it is “not a matter of if, but when” al-Qaeda will next attack the US. [CNN, 5/20/2002] Homeland Security Director Tom Ridge says the same thing. Defense Secretary Rumsfeld says terrorists will “inevitably” obtain weapons of mass destruction (see May 21, 2002). FBI Director Mueller says more suicide bombings are “inevitable.” [Washington Post, 5/22/2002] Authorities also issue separate warnings that al-Qaeda militants might target apartment buildings nationwide, banks, rail and transit systems, the Statue of Liberty, and the Brooklyn Bridge. USA Today titles an article, “Some Question Motives Behind Series of Alerts.” [USA Today, 5/24/2002] David Martin, CBS’s national security correspondent, says, “Right now they’re putting out all these warnings to change the subject from what was known prior to September 11 to what is known now.” It had been revealed the week before that Bush received a briefing in August 2001 entitled, “Bin Laden Determined to Strike in US” (see August 6, 2001). [Washington Post, 5/27/2002] Remarkably, even Press Secretary Ari Fleischer says the alerts were issued “as a result of all the controversy that took place last week.” [Washington Times, 5/22/2002; Village Voice, 5/23/2002] A retired CIA official reveals that the administration “made a political decision” to make any threat public, even those deemed to be hoaxes. In response to the alleged threat to New York, the former head of the FBI bureau there states that “there really isn’t any hard information.” [Rolling Stone, 9/21/2006 pdf file] Time notes, “Though uncorroborated and vague, the terror alerts were a political godsend for an administration trying to fend off a bruising bipartisan inquiry into its handling of the terrorist chatter last summer. After the wave of warnings, the Democratic clamor for an investigation into the government’s mistakes subsided.” [Time, 5/27/2002]

Entity Tags: Robert S. Mueller III, Richard (“Dick”) Cheney, Donald Rumsfeld, Tom Ridge, Ari Fleischer, Al-Qaeda, David Martin

Timeline Tags: Complete 911 Timeline, 9/11 Timeline, Domestic Propaganda

Defense Secretary Rumsfeld says that al-Qaeda operatives are in the US, and “they are very well-trained.” He also says that “terrorist networks have relationships with terrorist states that have weapons of mass destruction, and… they inevitably are going to get their hands on them, and they would not hesitate one minute in using them. That’s the world we live in.” [Suskind, 2006, pp. 121] His comments are part of a wave of ominous warnings by the Bush administration (see May 20-24, 2002) that come just days after it is reported that President Bush was given a warning before 9/11 entitled “Bin Laden Determined to Strike in US” (see August 6, 2001).

Entity Tags: Donald Rumsfeld

Timeline Tags: Complete 911 Timeline

Accused al-Qaeda operative Abu Zubaida, having been tortured for months in a secret CIA prison in Thailand (see April - June 2002), has had a respite from the intensive interrogations he was initially subjected to. Now, though, the interrogations begin again, being what Zubaida will later recall as “more intens[e] than before.”
Intensified Interrogations - Zubaida will later tell officials of the International Committee of the Red Cross (ICRC): “Two black wooden boxes were brought into the room outside my cell. One was tall, slightly higher than me and narrow. Measuring perhaps in area [3 1/2 by 2 1/2 feet by 6 1/2 feet high]. The other was shorter, perhaps only [3 1/2 feet] in height. I was taken out of my cell and one of the interrogators wrapped a towel around my neck, they then used it to swing me around and smash me repeatedly against the hard walls of the room. I was also repeatedly slapped in the face.… I was then put into the tall black box for what I think was about one and a half to two hours. The box was totally black on the inside as well as the outside.… They put a cloth or cover over the outside of the box to cut out the light and restrict my air supply. It was difficult to breathe. When I was let out of the box I saw that one of the walls of the room had been covered with plywood sheeting. From now on it was against this wall that I was then smashed with the towel around my neck. I think that the plywood was put there to provide some absorption of the impact of my body. The interrogators realized that smashing me against the hard wall would probably quickly result in physical injury.”
In the Box - Zubaida will give detailed recollections of his time in the box: “After the beating I was then placed in the small box. They placed a cloth or cover over the box to cut out all light and restrict my air supply. As it was not high enough even to sit upright, I had to crouch down. It was very difficult because of my wounds. The stress on my legs held in this position meant my wounds both in the leg and stomach became very painful. I think this occurred about three months after my last operation. It was always cold in the room, but when the cover was placed over the box it made it hot and sweaty inside. The wound on my leg began to open and started to bleed. I don’t know how long I remained in the small box, I think I may have slept or maybe fainted. I was then dragged from the small box, unable to walk properly and put on what looked like a hospital bed, and strapped down very tightly with belts. A black cloth was then placed over my face and the interrogators used a mineral water bottle to pour water on the cloth so that I could not breathe. After a few minutes the cloth was removed and the bed was rotated into an upright position. The pressure of the straps on my wounds was very painful. I vomited. The bed was then again lowered to horizontal position and the same torture carried out again with the black cloth over my face and water poured on from a bottle. On this occasion my head was in a more backward, downwards position and the water was poured on for a longer time. I struggled against the straps, trying to breathe, but it was hopeless. I thought I was going to die. I lost control of my urine. Since then I still lose control of my urine when under stress. I was then placed again in the tall box. While I was inside the box loud music was played again and somebody kept banging repeatedly on the box from the outside. I tried to sit down on the floor, but because of the small space the bucket with urine tipped over and spilt over me.… I was then taken out and again a towel was wrapped around my neck and I was smashed into the wall with the plywood covering and repeatedly slapped in the face by the same two interrogators as before. I was then made to sit on the floor with a black hood over my head until the next session of torture began. The room was always kept very cold. This went on for approximately one week. During this time the whole procedure was repeated five times. On each occasion, apart from one, I was suffocated once or twice and was put in the vertical position on the bed in between. On one occasion the suffocation was repeated three times. I vomited each time I was put in the vertical position between the suffocation. During that week I was not given any solid food. I was only given Ensure to drink. My head and beard were shaved everyday. I collapsed and lost consciousness on several occasions. Eventually the torture was stopped by the intervention of the doctor. I was told during this period that I was one of the first to receive these interrogation techniques, so no rules applied. It felt like they were experimenting and trying out techniques to be used later on other people.” Author Mark Danner will note that, according to the ICRC report, Zubaida’s impression of being a “guinea pig” is accurate. Some of the techniques used on him will not be reported again—the weeks of sitting in shackles, the coffin-sized boxes. Other techniques, such as the waterboarding, the permanent shackling, the “cold cell,” the incessant loud music and noise, will be used frequently on later captives, as will the constant light and the repeated beatings and physical abuse.
Everything Authorized by Senior CIA, White House Officials - Danner will remind readers that the CIA interrogators never acted alone or with any degree of independence. Everything that is done and said to Zubaida is monitored by other officials on-site—guards, interrogators, doctors—and by senior CIA officials in Washington. CIA interrogator John Kiriakou will later tell a reporter: “It wasn’t up to individual interrogators to decide, ‘Well, I’m gonna slap him. Or I’m going to shake him. Or I’m gonna make him stay up for 48 hours.’ Each one of these steps… had to have the approval of the deputy director for operations. So before you laid a hand on him, you had to send in the cable saying, ‘He’s uncooperative. Request permission to do X.’ And that permission would come.… The cable traffic back and forth was extremely specific. And the bottom line was these were very unusual authorities that the agency got after 9/11. No one wanted to mess them up. No one wanted to get in trouble by going overboard.… No one wanted to be the guy who accidentally did lasting damage to a prisoner.” Danner also notes that shortly after Zubaida’s capture, the CIA briefed top White House officials, including Vice President Dick Cheney, National Security Adviser Condoleezza Rice, and Attorney General John Ashcroft, who, ABC News will later report, “then signed off on the [interrogation] plan” (see April 2002 and After and July 2002). During this time the White House is working with Justice Department officials to produce the so-called “golden shield” memo (see August 1, 2002) that will, supposedly, protect the White House and CIA from criminal charges. Even after the memo’s adoption, CIA Director George Tenet continues to tell top White House officials about the specific procedures being used on Zubaida and other prisoners, including techniques such as waterboarding, to ensure that the White House considered them legal. As ABC will later report, the briefings of principals were so detailed and frequent that “some of the interrogation sessions were almost choreographed.” [New York Review of Books, 3/15/2009]

Entity Tags: John Kiriakou, Abu Zubaida, Al-Qaeda, Central Intelligence Agency, International Committee of the Red Cross, Richard (“Dick”) Cheney, Mark Danner

Timeline Tags: Torture of US Captives

The photo of Mohammed on the right has been flipped to better compare it.The photo of Mohammed on the right has been flipped to better compare it. [Source: FBI]Khalid Shaikh Mohammed (KSM) is publicly identified as the “mastermind” behind the 9/11 attacks. He is believed to have arranged the logistics while on the run in Germany, Pakistan, and Afghanistan. In 1996, he had been secretly indicted in the US for his role in Operation Bojinka (see January 6, 1995), and the US began offering a $2 million reward for his capture in 1998 (see January 8, 1998), which increased to $25 million in December 2001. An international warrant for his arrest was issued in November 2000 (see November 17, 2000). [Associated Press, 6/4/2002; New York Times, 6/5/2002] According to the New York Times, “In recent months, American counterintelligence officials have identified a small group of other al-Qaeda lieutenants as the crucial figures behind the Sept. 11 attacks” aside from KSM. They include Mohammed Atef (who is already deceased), Abu Zubaida, and Ayman al-Zawahiri. [New York Times, 6/5/2002] There are conflicting accounts of how much US investigators knew about KSM before 9/11. He is Pakistani, although he was born and raised in Kuwait. [CBS News, 6/5/2002] He is an uncle of Ramzi Yousef, the bomber of the World Trade Center in 1993. [New York Times, 6/5/2002] In April 2002, captured al-Qaeda leader Abu Zubaida confessed that KSM was the 9/11 mastermind (see April 2002). It is not known how much US intelligence knew about KSM’s link to the 9/11 attacks prior that, although at least some was known (see (December 2001)).

Entity Tags: Pakistan Directorate for Inter-Services Intelligence, Mohammed Atef, Ramzi Yousef, Ayman al-Zawahiri, Abu Zubaida, Khalid Shaikh Mohammed

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

In an address to the nation, President Bush labels captured Islamist militant Abu Zubaida (see March 28, 2002) as “al-Qaeda’s chief of operations.” He says: “Among those we have captured is a man named Abu Zubaida, al-Qaeda’s chief of operations. From him, and from hundreds of others, we are learning more about how the terrorists plan and operate; information crucial in anticipating and preventing future attacks.” He warns, “[W]e now know that thousands of trained killers are plotting to attack us, and this terrible knowledge requires us to act differently.” [White House, 6/6/2002] This is, presumably, an oblique reference to the torture being inflicted on Zubaida and other detainees by CIA personnel (see April - June 2002). And by this time, senior government officials are aware that many intelligence officials believe that Zubaida’s importance and links to al-Qaeda have been overstated (see Shortly After March 28, 2002 and April 9, 2002 and After).

Entity Tags: George W. Bush, Abu Zubaida

Timeline Tags: Torture of US Captives

In a memo to Attorney General John Ashcroft, Jay Bybee, the head of the Justice Department’s Office of Legal Counsel (OLC), says that the US has the absolute right to detain US citizen Jose Padilla without charge and without legal representation (see May 8, 2002). Bybee also claims that the Posse Comitatus Act, which prevents the US military from operating inside the US itself, “poses no bar to the military’s operations in detaining Padilla.” [US Department of Justice, 6/8/2002 pdf file; American Civil Liberties Union [PDF], 1/28/2009 pdf file] The day after this memo is issued, Padilla is classified as an “enemy combatant” and transferred to the US Naval Brig in Charleston, South Carolina (see June 9, 2002).

Entity Tags: Jose Padilla, Jay S. Bybee, John Ashcroft, US Department of Justice, Posse Comitatus Act, Office of Legal Counsel (DOJ)

Timeline Tags: Civil Liberties

President George Bush designates Padilla, who has been in custody since May 8 (see May 8, 2002), an “enemy combatant” on advice from Defense Secretary Donald Rumsfeld and Attorney General John Ashcroft (see June 8, 2002), and directs Rumsfeld to see that he his taken into military custody. Padilla is taken to the Consolidated Naval Brig in Charleston, South Carolina sometime during the middle of that night. At the time of the transfer, Padilla was awaiting a judgment on a request made by his counsel to have the material witness warrant (see May 8, 2002) vacated. [CNN, 6/11/2002]

Entity Tags: Jose Padilla, Donald Rumsfeld, John Ashcroft

Timeline Tags: Torture of US Captives

Attorney General John Ashcroft announces Padilla’s arrest (see June 9, 2002), claiming that “in apprehending [Padilla] as he sought entry into the United States,” the US government has “disrupted an unfolding terrorist plot to attack the United States by exploding a radioactive ‘dirty bomb.’” [CBS News, 6/10/2002] Similarly, President George Bush says: “This guy, Padilla, is a bad guy. And he is where he needs to be—detained,” along with many other “would-be killers” as part of the war on terrorism. And Defense Secretary Donald Rumsfeld too, states that Padilla “was unquestionably involved in terrorist activities.” [CNN, 6/11/2002]

Entity Tags: John Ashcroft, Jose Padilla, Donald Rumsfeld, George W. Bush

Timeline Tags: Torture of US Captives

In Doha, Qatar, Defense Secretary Donald Rumsfeld says the purpose of detaining “enemy combatant” Jose Padilla (see June 10, 2002) is to obtain information from him. “Our interest, really, in this case, is not law enforcement,” he says. “It is not punishment. Because he was a terrorist or working with the terrorists, our interest at the moment is to try to find out everything he knows so hopefully we can stop other terrorist acts.” To illustrate his argument, Rumsfeld describes a recent situation in which intelligence gained from a prisoner in Kandahar, Afghanistan, led to the prevention of three terrorist attacks in Singapore (this may be a garbled reference to the killing of Mohammed Atef, see November 15, 2001 and November 15-Late December 2001). “If someone had said when we found that information or that person, ‘Well, now, let’s arrest the person and let’s start the process of punishing that person for having done what he did,’ we never would have gotten that information, and people would have died.” [American Forces Press Service, 6/11/2002]

Entity Tags: Donald Rumsfeld, Jose Padilla

Timeline Tags: Torture of US Captives

Several members of Congress submit a list of 50 questions to Attorney General Ashcroft, asking him how the Patriot Act is being implemented (see October 26, 2001). [New York Times, 7/14/2002] For instance, they ask, “How many times has the department requested records from libraries, bookstores and newspapers? How many roving wiretaps has the department requested?” Ashcroft refuses to answer many of the questions, even though he is legally required to do so. [San Francisco Chronicle, 9/8/2002] Senate Judiciary Committee Chairman Patrick J. Leahy (D-VT) fails to receive any response to dozens of letters he writes to Ashcroft, and other senators complain of a complete stonewall from Ashcroft. [Washington Post, 8/21/2002] In March 2003, senators continue to complain that Ashcroft still has not provided the oversight information about the Patriot Act that he is required to give by law. [ABC News, 3/12/2003]

Entity Tags: Senate Judiciary Committee, Patrick J. Leahy, USA Patriot Act, John Ashcroft

Timeline Tags: Civil Liberties

In September 2002, articles appear in the Pakistani and Indian press suggesting that 9/11 mastermind Khalid Shaikh Mohammed (KSM) is actually captured on this day in an apartment in Karachi. Supposedly he has been sent to the US, though the US and Pakistan deny the story and say Mohammed has not been captured at all. [Daily Times (Lahore), 9/9/2002; Times of India, 9/9/2002; Times of India, 9/9/2002] Interestingly, it will later be reported that in mid-June 2002 the CIA learned about an Al Jazeera interview with KSM and Ramzi bin al-Shibh (see April, June, or August 2002), and the information passed to the CIA included the apartment building and floor in Karachi where the Al Jazeera reporter believed the interview took place (see June 14, 2002 and Shortly After).

Entity Tags: Yosri Fouda, Khalid Shaikh Mohammed

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

Both the 9/11 Congressional Inquiry and the 9/11 Commission examine the NSA’s intercepts of various calls made by the hijackers to an al-Qaeda communications hub in Sana’a, Yemen (see Early 2000-Summer 2001). The 9/11 Congressional Inquiry refers to several of the calls and gives an idea of the content of some of them. But it does not mention those made by Nawaf Alhazmi and possibly other hijackers from the US after the USS Cole bombing, which are only disclosed later in the media (see Mid-October 2000-Summer 2001 and March 15, 2004 and After). However, this section of the Inquiry report is heavily redacted so most details remain unknown. It states that, although the NSA intercepted the calls and disseminated dispatches about some of them, the NSA did not realize the hijackers were in the US at the time the calls were made. [US Congress, 7/24/2003, pp. xii, 11-12, 143-146, 155-157 pdf file] The 9/11 Commission Report contains a briefer section on the intercepts and deals with those which led to the surveillance of the al-Qaeda summit in Malaysia (see January 5-8, 2000). In addition, it mentions that Almihdhar called his wife from San Diego in the spring of 2000, but fails to mention that his wife lived at an al-Qaeda communications hub and that the calls were intercepted by the NSA (see Spring-Summer 2000). [9/11 Commission, 7/24/2004, pp. 181, 222] The Los Angeles Times comments: “The [9/11 Congressional Inquiry] and the Sept. 11 commission that came after it referred indirectly to the calls from Yemen to San Diego. But neither report discloses what the NSA gleaned from the calls, or why they were never disclosed to the FBI.” [Los Angeles Times, 12/21/2005] The publication of the 9/11 Commission report and revelations about domestic surveillance by the NSA will lead to increased media interest in and revelations about the intercepts starting from 2004 (see March 15, 2004 and After).

Entity Tags: Hoda al-Hada, 9/11 Congressional Inquiry, 9/11 Commission, Nawaf Alhazmi, Khalid Almihdhar, National Security Agency, Ahmed al-Hada

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

John Yoo, a lawyer with the Office of Legal Counsel (OLC), sends a classified memo to Daniel J. Bryant, another OLC lawyer. Yoo concludes that the Constitution “vests full control of the military operations of the United States to the president,” and denies Congress any role in overseeing or influencing such operations. The memo is consisent with an earlier Justice Department memo (see April 8, 2002). Yoo will cite this memo in his 2003 memo concerning the military interrogation of so-called enemy combatants (see March 14, 2003). [US Department of Justice`, 6/27/2002 pdf file; American Civil Liberties Union [PDF], 1/28/2009 pdf file] The memo ignores the Non-Detention Act, which states, “No citizen shall be imprisoned or otherwise detained by the United States except pursuant to an act of Congress.” [ProPublica, 4/16/2009] It will be made public in early 2009 (see March 2, 2009).

Entity Tags: John C. Yoo, Daniel Bryant, Office of Legal Counsel (DOJ), US Department of Justice

Timeline Tags: Civil Liberties

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

Sheikh Ahmed Salim Swedan.Sheikh Ahmed Salim Swedan. [Source: FBI]Al-Qaeda leader Sheikh Ahmed Salim Swedan is allegedly arrested in Methadar, a slum region of Karachi, Pakistan. Swedan, a Kenyan, had been wanted for a key role in the 1998 US embassy bombings (see 10:35-10:39 a.m., August 7, 1998). The slum area where he is arrested is said to have been used by al-Qaeda to ship gold and al-Qaeda operatives out of Pakistan after 9/11, and thousands of dollars, fake passports, and visa stamps are found in his house. Pakistani agents are said to have been led to Swedan by satellite telephone intercepts provided by the FBI. Neighbors will later claim to have seen Swedan taken away, but both the US and Pakistani governments deny that he has been arrested. [Daily Times (Lahore), 9/9/2002; Asia Times, 9/11/2002] His name is not taken off an FBI wanted list years after his alleged arrest. In 2007, Amnesty International and other human rights groups will claim that he has been secretly held by the US or renditioned to another country (see June 7, 2007). In 2008, counterterrorism expert Peter Bergen will conclude based on various reports that Swedan was renditioned by the US from Pakistan in 2002. [Mother Jones, 3/3/2008] However, reports of Swedan’s capture appear to be incorrect, because later reports will say that he is killed in a CIA drone strike in Pakistan in 2009 (see January 1, 2009). If so, it is unknown who neighbors say they saw captured on this date.

Entity Tags: Sheikh Ahmed Salim Swedan

Timeline Tags: Torture of US Captives, Complete 911 Timeline, War in Afghanistan

CIA attorneys meet with White House Counsel Alberto Gonzales, the Justice Department’s head of its criminal division, Michael Chertoff, and aides and lawyers from the National Security Council, Justice Department, and FBI. The meeting provides participants with an overview of the proposed interrogation plan for captured Islamist militant Abu Zubaida (see Mid-May, 2002). [Senate Intelligence Committee, 4/22/2009 pdf file] The CIA has already begun torturing Zubaida (see April - June 2002, Mid-May, 2002, Mid-May 2002 and After, Mid-May 2002 and After, and June 2002).

Entity Tags: Central Intelligence Agency, Federal Bureau of Investigation, Michael Chertoff, National Security Council, US Department of Justice, Alberto R. Gonzales, Abu Zubaida

Timeline Tags: Torture of US Captives

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

Entity Tags: John Walker Lindh

Timeline Tags: Torture of US Captives, War in Afghanistan

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

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

Timeline Tags: Torture of US Captives

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

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

Timeline Tags: Torture of US Captives

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

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

Timeline Tags: Civil Liberties

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

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

Timeline Tags: Torture of US Captives

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

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

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

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

The district court at Norfolk finds that the Mobbs declaration (see July 25, 2002) “falls far short” of providing a basis for the continuing detention of “enemy combatant” Yaser Esam Hamdi without due process of law. “If the Court were to accept the Mobbs Declaration as sufficient justification for detaining Hamdi…, this Court would be acting as little more than a rubber stamp,” judge Robert Doumar writes in his ruling. He again orders the government to produce additional evidence, including copies of Hamdi’s statements, notes by his interrogators, statements by members of the Northern Alliance and relevant names, dates, and locations. [Yaser Esam Hamdi, et al. v. Donald Rumsfeld, et al., 8/16/2002 pdf file; Washington Post, 1/9/2003] Doumar says the government’s arguments lead “to more questions than answers.” For example:
bullet The Mobbs Declaration does not say what authority Mobbs has, as “Special Advisor” to the Undersecretary of Defense for Policy, to determine the classification of a detainee. He says that during the August 13 hearing (see August 13, 2002), the government’s attorney was unable to do so. [Yaser Esam Hamdi, et al. v. Donald Rumsfeld, et al., 8/16/2002 pdf file]
bullet The government has provided no reason “for Hamdi to be in solitary confinement, incommunicado for over four months and being held some eight-to-ten months without any charges of any kind.” [Yaser Esam Hamdi, et al. v. Donald Rumsfeld, et al., 8/16/2002 pdf file]
bullet Though it is claimed that Hamdi was “affiliated with a Taliban military unit and received weapons training,” the declaration makes no attempt to explain the nature of this “affiliation” or why the “affiliation” warrants the classification of Hamdi as an enemy combatant. Furthermore, the declaration “never claims that Hamdi was fighting for the Taliban, nor that he was a member of the Taliban.” [Yaser Esam Hamdi, et al. v. Donald Rumsfeld, et al., 8/16/2002 pdf file]
bullet Assertions in the document concerning statements made by Hamdi appear to be paraphrased. Hamdi’s actual statements are not provided. “Due to the ease with which such statements may be taken out of context, the Court is understandably suspicious of the Respondent’s assertions regarding statements that Hamdi is alleged to have made,” the court ruling says. [Yaser Esam Hamdi, et al. v. Donald Rumsfeld, et al., 8/16/2002 pdf file]

Entity Tags: Yaser Esam Hamdi, Robert G. Doumar

Timeline Tags: Torture of US Captives

The Los Angeles Times reports that “despite intense interrogations and investigations,” no senior al-Qaeda leaders appear to be amongst the nearly 600 detainees at the Guantanamo prison. One US official says that some usual intelligence has been gained from the detainees, but “it’s not roll-up-plots, knock-your-socks-off-kind of stuff.” This official says the detainees are mostly “low-and middle-level” fighters and supporters, not “the big-time guys” high enough to help unravel plots and understand al-Qaeda’s structure. Another official similarly says there are “no big fish” there. “Some of these guys literally don’t know the world is round.” The Times also notes that several European countries “have quietly offered to take prisoners home and put them on trial if US officials can provide evidence that they have committed a crime.” But none has been released for trial so far. [Los Angeles Times, 8/18/2002] The New York Times will confirm in June 2004 that no al-Qaeda or Taliban leaders are being held at the prison and that in fact the vast majority are innocent of any militant connections (see June 21, 2004). Some al-Qaeda leaders will be sent into the prison from secret CIA prisons in September 2006 (see September 2-3, 2006).

Entity Tags: Al-Qaeda

Timeline Tags: Torture of US Captives, Complete 911 Timeline

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

Entity Tags: Michael H. Mobbs, Jose Padilla

Timeline Tags: Torture of US Captives

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

Vice President Cheney, widely acknowledged as a master bureaucrat, uses a variety of bureaucratic strategies to craft his own foreign policy strategies, including the promotion the Office of Special Plans (OSP—see September 2002), simultaneously undercutting and marginalizing the CIA. Many senior intelligence officials have no idea that the OSP even exists. “I didn’t know about its existence,” Greg Thielmann, the director of the State Department’s in-house intelligence agency, the Bureau of Intelligence and Research (INR), will say.
Strategic Placement of Personal, Ideological Allies - Another Cheney strategy is personal placement. He moves his special adviser, neoconservative William Luti, into the OSP. Another influential neoconservative, Abram Shulsky, soon joins Luti there. A longtime associate of both Cheney and Defense Secretary Donald Rumsfeld, Stephen Cambone, becomes a special assistant to Rumsfeld (see Early 2001). Cheney now has his allies at the highest levels of the Pentagon. In Cheney’s office, chief of staff Lewis “Scooter” Libby serves as his liaison with the Pentagon. His chief counsel, David Addington, oversees Cheney’s aggressive and obsessively secretive legal staff. In the National Security Council (NSC), Stephen Hadley, Condoleezza Rice’s deputy, keeps a close eye on Rice in case she shows signs of falling back in with her old mentor, Brent Scowcroft (see August 1998). John Bolton and David Wurmser keep tabs on Colin Powell at the State Department. Cheney has John Yoo (see (After 10:00 a.m.) September 11, 2001) at the Justice Department. Not only does Cheney have highly placed loyalists in the State, Defense, and Justice Department, and in the NSC, he has vital allies in the Republican leadership in Congress.
Managing the Oval Office - Cheney handles the Oval Office himself. A Pentagon official who works closely with Cheney will later observe that President Bush handles the executive branch much as he handled the Texas Rangers baseball team: ignoring much of the daily functions, leaving most policy decisions to others and serving as a “corporate master of ceremonies, attending to the morale of the management team and focusing on narrow issues… that interested him.” Cheney becomes, in author Craig Unger’s words, “the sole framer of key issues for Bush,” the single conduit through which information reaches the president. Cheney, the Pentagon official will later say, “rendered the policy planning, development and implementation functions of the interagency system essentially irrelevant. He has, in matters he has deemed important, governed. As a matter of protocol, good manners, and constitutional deference, he has obtained the requisite ‘check-mark’ of the president, often during one-on-one meetings after a Potemkin ‘interagency process’ had run its often inconclusive course.” [Unger, 2007, pp. 249-250]

Entity Tags: Condoleezza Rice, Stephen A. Cambone, Stephen J. Hadley, Texas Rangers, William Luti, Brent Scowcroft, Abram Shulsky, Central Intelligence Agency, Office of Special Plans, Richard (“Dick”) Cheney, Lewis (“Scooter”) Libby, David Wurmser, David S. Addington, Craig Unger, National Security Council, John R. Bolton, Greg Thielmann, John C. Yoo, Bureau of Intelligence and Research, George W. Bush, Donald Rumsfeld

Timeline Tags: US International Relations

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

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

Timeline Tags: Complete 911 Timeline

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

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

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

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

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

Timeline Tags: Torture of US Captives, Complete 911 Timeline

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

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

Timeline Tags: Torture of US Captives, Civil Liberties

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

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

Timeline Tags: Torture of US Captives, Complete 911 Timeline

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

Entity Tags: US Department of the Army, Morgan Banks

Timeline Tags: Torture of US Captives

October 6, 2002: Al-Qaeda Attacks Oil Tanker

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

Entity Tags: Abd al-Rahim al-Nashiri

Timeline Tags: Complete 911 Timeline

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

Entity Tags: Maher Arar

Timeline Tags: Torture of US Captives

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

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

Timeline Tags: Torture of US Captives

The House votes to give President Bush sweeping authorization to use military force against Iraq, on an overwhelming 296-133 vote. One hundred and twenty-six Democrats vote against the bill even though House Minority Leader Richard Gephardt (D-MO) co-authored it. House Majority Leader Dick Armey (R-TX) issues a veiled warning to the president to use his newly granted powers judiciously: “Mr. President, we are about to give you a great trust.” After the bill passes the House, Bush says, “The days of Iraq acting as an outlaw state are coming to an end… [t]he gathering threat of Iraq must be confronted fully and finally.” One of the opponents of the House bill, John Spratt (D-SC), says that without an international diplomatic approach, “this will be the United States versus Iraq and in some quarters the US versus the Arab and the Muslim world.” Commenting on the passing of the resolution, the Washington Post reports: “Yesterday’s debate often lacked the passion and unpredictability of the 1991 affair, when members sat late into the night listening attentively to a war of words. By contrast, the House chamber was largely empty most of yesterday: the arguments familiar, the outcome certain, the conclusion anticlimactic.” [White House, 10/2/2002; PBS, 10/10/2002; Washington Post, 10/11/2002] Bush calls on the Senate to pass the bill (see October 11, 2002) so it can be signed into law as soon as possible (see October 16, 2002). The Senate overwhelmingly approves the resolution the next day. [PBS, 10/10/2002; US Senate, 10/11/2002] The AUMF contains a caveat in the authorization that conditions Congress’s authorization of military force on a formal determination by Bush that Iraq poses a threat to the US that cannot be contained diplomatically, and that any military action against Iraq must be consistent with the war against those who attacked the US on 9/11 (see March 18, 2003). The US media virtually ignores this condition, and therefore the Bush administration does not feel particularly bound by it. Congress asks for the formal declaration either before launching an attack or within 48 hours of the attack, and insists that the declaration contain solid evidence of the impossibility of further diplomacy, and of Iraq’s connection to the 9/11 terrorists. [Dean, 2004, pp. 143-148]

Entity Tags: Richard Gephardt, John Spratt, Bush administration (43), Dick Armey, George W. Bush, Washington Post

Timeline Tags: Events Leading to Iraq Invasion

Two days after General Rick Baccus has been relieved from duty as the guard commander at Guantanamo (see October 9, 2002), and almost one and a half months since the writing of the Office of Legal Counsel’s (OLC) August memo on torture (see August 1, 2002), military intelligence at Guantanamo begin suggesting new rules of interrogation. Lieutenant Colonel Jerald Phifer, Director J2, sends a memo, to Major General Michael E. Dunlavey, Commander of Joint Task Force (JTF) 170, requesting approval for more severe interrogation techniques. [US Department of Defense, 10/11/2002 pdf file; New Yorker, 2/27/2008] In 2009, Senator Carl Levin (D-MI) will write (see April 21, 2009) that Dunlavey’s request is sparked by recent reports on the use of SERE training techniques for interrogation purposes (see January 2002 and After and April 16, 2002). [Huffington Post, 4/21/2009]
Three Categories of Techniques - The memo states, “The current guidelines for interrogation procedures at GTMO [Guantanamo] limit the ability of interrogators to counter advanced resistance.” Phifer proposes three categories of techniques. The mildest, which includes yelling and weak forms of deception, are included in category one. Category two techniques are more severe and require approval by an “interrogator group director.” They include the use of stress positions for up to four hours; use of falsified documents; isolation for up to 30 days; sensory deprivation and hooding; 20-hour interrogations; removal of comfort and religious items; replacing hot food with cold military rations; removal of clothing; forced grooming, including the shaving of beards; and playing on detainees’ phobias to induce stress, such as a fear of dogs. The harshest techniques, listed in category three, are to be reserved for a “very small percentage of the most uncooperative detainees” and only used with permission from the commander of the prison. These methods include using non-injurious physical contact like poking or grabbing; threatening a detainee with death or severe pain or threatening that a family member would be subjected to such harm; exposing him to cold weather or water; using a wet towel to “induce the misperception of suffocation.” [US Department of Defense, 10/11/2002 pdf file; New Yorker, 2/27/2008]
Desire to Extract More Information from Detainee - The request is prompted in part by military intelligence’s belief that Guantanamo detainee Mohamed al-Khatani has more information than the FBI has managed to extract from him. “Al-Khatani is a person in… whom we have considerable interest,” Dell’Orto will explain during a 2004 press briefing at the White House. “He has resisted our techniques. And so it is concluded at Guantanamo that it may be time to inquire as to whether there may be more flexibility in the type of techniques we use on him.” [Washington File, 6/23/2004]
JAG Officer Concludes Tactics are Legal - The same day, a staff judge advocate, Lieutenant Colonel Diane E. Beaver, reviews Phifer’s proposed techniques for legality and, while making qualifications and recommending further review, concludes in a memo to Dunlavey that they are legal. Also the same day, Dunlavey sends the list of techniques to his superior, General James T. Hill, commander of the Southern Command, requesting approval for their use. Dunlavey writes: “Although [the techniques currently employed] have resulted in significant exploitable intelligence the same methods have become less effective over time. I believe the methods and techniques delineated in the accompanying J-2 memorandum will enhance our efforts to extract additional information.” [US Department of Defense, 10/11/2002 pdf file] Beaver concludes that since President Bush had decided that all the detainees “are not protected by the Geneva Conventions” (see January 18-25, 2002, February 7, 2002), all of the desired techniques are allowable because “no international body of law directly applies.” [Savage, 2007, pp. 178]

Entity Tags: Rick Baccus, George W. Bush, James T. Hill, Carl Levin, Daniel J. Dell’Orto, Diane E. Beaver, Michael E. Dunlavey, Mohamed al-Khatani

Timeline Tags: Torture of US Captives

An explosion lights up the sky on the island of Bali, Indonesia.An explosion lights up the sky on the island of Bali, Indonesia. [Source: Agence France-Presse]A car bomb detonates in front of a discotheque at Kuta Beach, on the Indonesian resort island of Bali, starting a fire that rages through a dozen buildings. A backpack-mounted device carried by a suicide bomber explodes in another Kuta Beach discotheque. 202 people are killed and 209 are injured. Eighty-eight of those killed are Australian, while most of the rest are Indonesian. A much smaller device explodes outside the US consulate in nearby Denpasar, causing only minor damage and no casualties. No group claims responsibility, but Jemaah Islamiyah (JI), al-Qaeda’s main affiliate in Southeast Asia, is believed to be behind the bombings. [New York Times, 10/13/2002; New York Times, 10/14/2002; BBC, 2/19/2003] Hambali, a key leader in both al-Qaeda and JI, is said to have been involved. He will be arrested in 2003 and taken into US custody (see August 12, 2003). [Chicago Tribune, 12/7/2003] Three alleged JI operatives, Ali Gufron (a.k.a. Mukhlas), Imam Samudra, and Amrozi bin Nurhasyim, will be arrested in Indonesia and sentenced to death in 2003 for their roles in the Bali bombings. Ali Imron, brother to both Gufron and Amrozi, will be sentenced to life in prison. [New York Times, 9/19/2003; New York Times, 10/3/2003] JI operatives Dulmatin, Azhari Husin, and Noordin Mohammed Top also are said to have major roles in the bombings. Husin will be killed in a police shootout in 2005, while Dulmatin and Top remain at large (see October 6, 2005 and After). It will later turn out that the US was given a “stunningly explicit and specific” advanced warning that Hambali and JI were planning to attack nightclubs in Bali (see August 21, 2002).

Entity Tags: Ali Gufron, Azhari Husin, Dulmatin, Amrozi bin Nurhasyim, Imam Samudra, Ali Imron, Hambali, Noordin Mohammed Top, Jemaah Islamiyah

Timeline Tags: Complete 911 Timeline

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

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

Timeline Tags: Torture of US Captives

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

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

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

German investigators believe they know of nine people who are still living and who played roles in assisting the 9/11 plot, the Chicago Tribune reports. An unnamed senior German intelligence official says he believes these nine cover everyone linked to the al-Qaeda Hamburg cell who helped plan, finance, or carry out the plot. However, he says “there may be people still in Hamburg who had a certain knowledge” of the plot. The nine are:
bullet Ramzi Bin al-Shibh, a Yemeni. He is considered the head of the 9/11 plot in Germany while the hijackers were living in the US. He was captured in Pakistan in 2002 and put in the secret CIA prison system (see September 11, 2002).
bullet Mounir El Motassadeq, a Moroccan. He knew the others in the Hamburg cell and trained in Afghanistan (see May 22 to August 2000). He has been arrested and charged with a role in the 9/11 plot. He will later be convicted (see January 8, 2007).
bullet Abdelghani Mzoudi, a Moroccan. Mzoudi lived with Mohamed Atta and others in the Hamburg cell, and he is alleged to have attended a training camp in Afghanistan in 2000 (see Summer 2000). He has been arrested in Germany and charged with a role in the 9/11 attacks. He will later be acquitted after the US fails to cooperate with German prosecutors (see February 5, 2004-June 8, 2005).
bullet Barakat Yarkas, a Spaniard. He is alleged to be the leader of al-Qaeda in Spain. Germans believe he helped arrange a meeting between Atta and bin al-Shibh in Spain two months before 9/11 (see July 8-19, 2001). He is imprisoned in Spain on various terrorism charges. He will later be convicted to 12 years in prison, but not for any role in 9/11 (see September 26, 2005).
bullet Mohammed Haydar Zammar, a Moroccan. He was investigated for al-Qaeda ties for years prior to 9/11. He was captured in Morocco after 9/11 and renditioned to a prison in Syria (see December 2001).
bullet Said Bahaji, a German. He is said to be a computer expert who taught Atta and others how to use computers to communicate. He fled Germany just before 9/11 (see September 3-5, 2001). There is a warrant for his arrest (see September 21, 2001), but he remains free.
bullet Zakariya Essabar, a Moroccan. He lived with Atta, Bahaji, and others. He trained in Afghanistan and attempted to get a US visa (see January-October 2000). He fled Germany just before 9/11 (see Late August 2001). There is a warrant for his arrest (see October 19, 2001), but he remains free overseas.
bullet Mamoun Darkazanli, a Syrian. He had been investigated for al-Qaeda ties for years before 9/11 (see 1993), and he knew Atta, Marwan Alshehhi, and other members of the Hamburg cell (see October 9, 1999). He remains free in Germany (see November 11, 2010).
bullet Abdul-Matin Tatari, a Syrian. He runs a textile company called Tatex Trading that investigators suspect helped get money and visas for al-Qaeda operatives (see September 10, 2002-June 2003). He was questioned on September 10, 2002, but he remains free in Germany. [Chicago Tribune, 10/22/2002]
More than Just Nine - But a few months later, the Chicago Tribune will report that investigators believe there are many more members of the Hamburg cell than was previously reported (see February 25, 2003). For instance, one likely participant who will only become publicly known many years later is Naamen Meziche. He was friends with Atta and others in the Hamburg cell, and he will be killed by a US drone strike in Pakistan in 2010 (see October 5, 2010).

Entity Tags: Marwan Alshehhi, Barakat Yarkas, Abdul-Matin Tatari, Abdelghani Mzoudi, Mamoun Darkazanli, Zakariya Essabar, Said Bahaji, Ramzi bin al-Shibh, Naamen Meziche, Mounir El Motassadeq, German intelligence community, Mohamed Atta, Mohammed Haydar Zammar

The Justice Department provides limited information to the House Judiciary Committee about actions performed under the new Patriot Act (see October 26, 2001). Representative James Sensenbrenner (R-WI) had demanded answers to 50 questions regarding the Patriot Act from Attorney General John Ashcroft, or else he would “start blowing a fuse.” Among other things, Sensenbrenner wanted to know how many times the Justice Department had implemented wiretaps under the act, and threatened Congressional subpoenas and opposition to the act when it comes up for renewal. Sensenbrenner and the Judiciary Committee receive far less than originally requested, with the Justice Department asserting that much of the information is classified and cannot be revealed. Sensenbrenner declares himself satisfied. [Savage, 2007, pp. 114-115]

Entity Tags: James Sensenbrenner, House Judiciary Committee, USA Patriot Act, John Ashcroft, US Department of Justice

Timeline Tags: Civil Liberties

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

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

Timeline Tags: Torture of US Captives

Qaed Senyan al-Harethi.Qaed Senyan al-Harethi. [Source: Yemen Observer]A CIA-operated Predator drone fires a missile that destroys a truck of suspected al-Qaeda operatives in Yemen. The target of the attack is Qaed Salim Sinan al-Harethi, a top al-Qaeda operative, but five others are also killed, including American citizen Kamal Derwish. [Washington Post, 11/4/2002; Associated Press, 12/3/2002] Al-Harethi is said to have been involved in the 2000 bombing of the USS Cole. Bush administration officials say Derwish was the ringleader of a sleeper cell in Lackawanna, New York (see September 13, 2002). [Washington Post, 11/9/2002; Newsweek, 11/11/2002] A former high-level intelligence officer complains that Defense Secretary Donald Rumsfeld wants “to take guys out for political effect.” Al-Harethi was being tracked for weeks through his cell phone. [New Yorker, 12/16/2002] The attack happens one day before mid-term elections in the US. Newsweek will note that timing of the strike “was, at the very least, fortuitous” for the Bush administration. [Newsweek, 11/11/2002] New Yorker magazine will later report, “The Yemeni government had planned to delay an announcement of the attack until it could issue a joint statement with Washington. When American officials released the story unilaterally, in time for Election Day, the Yemenis were angry and dismayed.” [New Yorker, 12/16/2002] Initial reports suggest the truck was destroyed by a car bomb. But on November 5, Deputy Defense Secretary Paul Wolfowitz will brag about the strike on CNN, thus ruining the cover story and revealing that the truck was destroyed by a US missile (see November 5, 2002). [Newsweek, 11/11/2002] US intelligence appears to have learned of al-Harethi’s whereabouts after interrogating Abd al-Rahim al-Nashiri, captured the month before (see Early October 2002).

Entity Tags: Qaed Salim Sinan al-Harethi, Scott L. Silliman, Kamal Derwish, Condoleezza Rice, Al-Qaeda, Paul Wolfowitz, Central Intelligence Agency

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

Carol Lam.Carol Lam. [Source: Common Dreams (,org)]Carol Lam is sworn in as the US Attorney for the Southern District of California. [Talking Points Memo, 2011] Lam is a former Assistant US Attorney, a former California Superior Court judge, and an acknowledged expert on white-collar crime and health care fraud. During her interview process for the US Attorney position, she described herself as “non-partisan,” and said she does not belong to any political party. When asked if she could support the Justice Department’s policies considering that she is not a Republican, she answered that “it is a responsibility of a US Attorney to effect the attorney general’s guidelines in a way that makes sense in the district.” White House Counsel Kyle Sampson (see 2001-2003) offered Lam the job, at which time she told him that he had not “made things easy by virtue of the fact that I was a non-partisan.” Lam’s ascension to her post was delayed by political infighting between powerful Republicans and Democrats. It is the first time in five years her district has had a presidentially appointed, Senate-confirmed US Attorney. There are 93 US Attorneys serving in the 50 states as well as in Puerto Rico, Guam, the Virgin Islands, and the Northern Marianas. All US Attorneys are appointed by the president with the advice and consent of the Senate, and serve under the supervision of the Office of the Attorney General in the Justice Department. They are the chief law enforcement officers for their districts. They serve at the pleasure of the president, and can be terminated for any reason at any time. Typically, US Attorneys serve a four-year term, though they often serve for longer unless they leave or there is a change in presidential administrations. [Iglesias and Seay, 5/2008, pp. 124; US Department of Justice, Office of the Inspector General, 9/29/2008]

Entity Tags: Carol C. Lam, US Department of Justice, D. Kyle Sampson

Timeline Tags: Civil Liberties

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

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

Timeline Tags: Torture of US Captives, Complete 911 Timeline

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

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

Timeline Tags: Torture of US Captives

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

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

Timeline Tags: Torture of US Captives

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

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

Timeline Tags: Torture of US Captives

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

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

Timeline Tags: Torture of US Captives

Eighteen international arms monitors, including 12 inspectors from the UN Monitoring, Verification and Inspection Commission and 8 from the International Atomic Energy Agency in Vienna, arrive in Baghdad with their cargo of high-tech sensors, computers and other gear. [Independent, 11/24/2002; Associated Press, 11/25/2002; New York Times, 11/25/2002]
Make-up of Inspection Team - The complete roster of UN inspectors expected to participate in the inspections includes some 300 chemists, biologists, missile and ordnance experts and other specialists of UNMOVIC, as well as a few dozen engineers and physicists from the IAEA. Hans Blix of UNMOVIC will head the effort to search for chemical and biological weapons and Jacques Baute of the UN’s International Atomic Energy Agency will lead the team seeking to determine if Iraq has reconstituted its nuclear weapons program. [Associated Press, 11/25/2002]
Purpose of Inspections - The stated purpose of the inspections, according to the UN resolution, is to bring “to full and verified completion the disarmament process established by resolution 687 (1991) and subsequent resolutions of the Council.” [United Nations, 11/9/2002] However, since the passing of the resolution the Bush administration has maintained that the purpose of inspections is much broader. For instance, US Secretary of State Donald Rumsfeld will claim in January that inspectors are not to act as “discoverers” trying to locate things. Rather the purpose of the inspections, according to Rumsfeld, is to determine whether Iraq is cooperating. [BBC, 1/22/2003]
Methods - The inspectors will “revisit the previously monitored sites to check if the equipment installed [by the previous weapons inspectors] is still functional,” explains a UN spokesperson. “It will take some time to do that work. We can’t rule out other activities, but it’s quite likely we will start with that.” Inspectors also says that they will not immediately conduct “intrusive” inspections into Iraq’s more sensitive areas. As an aide to Hans Blix explains to The Washington Post, “We’re not going to do in-your-face inspections. He [Blix] wants effective inspections. It’s not our job to provoke, harm or humiliate.” The inspections teams will also investigate new sites that the US and Britain allege are involved in the development of weapons of mass destruction. Inspectors will have the option to interview Iraqi scientists without the presence of Iraqi officials. The interviews may be conducted outside of Iraq. [Washington Post, 11/23/2002]

Entity Tags: Donald Rumsfeld, United Nations Monitoring, Verification and Inspection Commission, International Atomic Energy Agency, Hans Blix, Jacques Baute

Timeline Tags: Events Leading to Iraq Invasion

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

Ramzi bin al-Shibh.Ramzi bin al-Shibh. [Source: Uli Deck / Agence France-Presse]Ramzi bin al-Shibh, a key member of al-Qaeda’s Hamburg cell, is allegedly flown to Jordan and tortured there. Bin al-Shibh was arrested in Pakistan on September 11, 2002, and held by US forces (see September 11, 2002). According to a 2008 report by the watchdog group Human Rights Watch, the US takes bin al-Shibh to the Bagram air base in Afghanistan, and then flies him to Jordan. A former detainee in a secret prison run by Jordanian intelligence will later tell Human Rights Watch that he was held in a cell next to bin al-Shibh in late 2002. He says he was able to briefly talk to bin al-Shibh, and bin al-Shibh told him that he had been tortured while in Jordanian custody. He said he had suffered electric shocks, forced nakedness, sleep deprivation, and being made to sit on sticks and bottles in sexually humiliating ways. [Human Rights Watch, 4/8/2008] The Washington Post will similarly report in late 2007, “Although hard evidence is elusive, some former inmates have reported being detained in the same wing as Ramzi Bin al-Shibh… said Abdulkareem al-Shureidah, an Amman lawyer. “He was detained in Jordanian jails, definitely.” [Washington Post, 12/1/2007] Bin al-Shibh will be transferred out of CIA custody into the Guantanamo prison in 2006, but exactly where he was held between 2002 and 2006 remains unclear (see September 2-3, 2006).

Entity Tags: Ramzi bin al-Shibh

Timeline Tags: Torture of US Captives, Complete 911 Timeline

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

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