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Context of 'December 16, 2009: Congress Bans Funding of Abortions for Military Personnel'

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Mike Spann.Mike Spann. [Source: CIA]In the morning, CIA agent “Dave,” US Special Forces, SAS soldiers, and an additional 200 Northern Alliance troops arrive at the Qala-i-Janghi fortress to fight the remaining ten or so Taliban fighters who are still resisting. One of the US soldiers warns journalists not to be inside the compound at night. (August 11/28/2001; BBC 12/1/2001; CNN 8/3/2002) “To clear the last pockets of Taliban resistance in the afternoon, Alliance soldiers approached the houses in the middle of the compound and fired at random into basement windows,” the London Times later reports. “Some 20-liter petrol canisters were thrown in, then grenades.” (August 11/28/2001) Alliance soldiers roaming the complex shoot at the bodies to make sure there are no survivors. They also loot corpses, stealing rifles, boots, clothing, and even gold fillings from their teeth. (Huggler 11/29/2001) According to an escaped prisoner, a Northern Alliance tank runs over the bodies of injured survivors. (Pakistan News Service (Newark, CA) 12/3/2001) A tank attacks the western half of the compound and reportedly kills the last two remaining holdouts who are still fighting. By noon, “the ground was littered with countless mangled bodies,” the London Times reports. (August 11/28/2001; BBC 12/1/2001) Foreign reporters are allowed in the compound. One Associated Press photographer sees Northern Alliance soldiers removing the bindings from the hands of the dead Taliban fighters. (Huggler 11/29/2001) In the afternoon, it is discovered that there are about 100 survivors in the basement of a one-story building at the center of the compound. US Special Forces order Northern Alliance soldiers to pour diesel fuel into the basement and ignite it. (Soloway 12/1/2001) General Dostum’s men pour fuel down several air ducts, two of which lead into a room where John Walker Lindh is sitting, drenching him. Unable to walk, he has to crawl away from the air ducts. Some minutes later, the fuel is lit and fire spreads quickly throughout the basement. “People were being burned alive,” an eyewitness will recall. Lindh loses consciousness in the smoke-filled air, while Dostum’s soldiers fire rockets amidst the surviving Taliban. The report by Lindh’s defense will say, “Human remains litter the entire basement floor.” (United States of America v. John Walker Lindh 6/13/2002 pdf file) At dusk, US soldiers recover CIA agent Mike Spann’s (see September 10, 2001) booby-trapped body. (CNN 8/3/2002)

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

Gary Berntsen on an airplane, date and location unknown.Gary Berntsen on an airplane, date and location unknown. [Source: National Geographic]Richard Blee, head of the Sunni Extremist Group at the CIA’s Counterterrorist Center and a former head of Alec Station, the CIA’s bin Laden unit, is made chief of the CIA’s new station in Kabul. Blee replaces Gary Berntsen, who had effectively led the CIA’s war effort against the Taliban and al-Qaeda in Afghanistan. Berntsen is unhappy with being replaced, saying: “It felt as though someone had just thrown a bucket of cold water in my face. I couldn’t believe they were doing this in the middle of the most important battle of the war.” The battle of Tora Bora begins around this time and, although the US thinks it has Osama bin Laden cornered there, he somehow manages to escape (see November 16, 2001, November 26, 2001 and Early December 2001).
Replacement Decision Is Not Well Received - Berntsen’s staff members are also unhappy with the decision, and slap their hands over their heads and groan when they find out about it. They tell Berntsen, “No disrespect to Rich, but when you leave, we leave.” Berntsen will attribute Blee’s selection to his closeness to CIA Director George Tenet and Deputy Director of Operations James Pavitt, and will also hint that Blee strongly desired the job. (Berntsen and Pezzullo 2005, pp. 296-7, 306) Berntsen pushed hard for US troops to be deployed to catch bin Laden (see Late October-Early December 2001), but it is not known whether Blee is in favor of using US troops or not. Blee will also instigate the transfer of Ibn al-Shaykh al-Libi from the FBI to Egypt shortly after arriving; this is the first such transfer of a major figure after 9/11 (see Shortly After December 19, 2001).
Blee's Replacement - Blee is apparently replaced as chief of the Sunni Extremist Group by someone known only as Hendrik V. (see (Between Summer and Winter 2001)). Hendrik V. will later be replaced by an official known as “Marty M.” before March 2003. (Tenet 2007, pp. 232, 251) That is almost certainly Marty Martin, someone said to lead the search for bin Laden from 2002 to 2004 (see (Shortly After October 29, 2004)).

Qatari citizen Ali Saleh Kahlah al-Marri, a computer science graduate student at Illinois’s Bradley University, is arrested as a material witness to the 9/11 attacks. (Lucian 12/19/2001; Hirschkom 12/13/2005) Al-Marri was interviewed twice by the FBI, once on October 2 and again on December 11. Both times, according to the FBI, he lied in response to their questions. Al-Marri claimed to have entered the US on September 10, 2001, his first visit to the country since 1991, when he earned his undergraduate degree at Bradley. (CBS News 6/23/2003; Hirschkom 12/13/2005)
Connections to 9/11 Terrorists Alleged - The FBI says al-Marri has been in the US since 2000. Al-Marri denied calling the United Arab Emirates phone number of Mustafa Ahmed al-Hawsawi, an unindicted co-conspirator in the trial of suspected “20th hijacker” Zacarias Moussaoui. Prosecutors say al-Hawsawi provided financial backing to Moussaoui and the 9/11 hijackers, and allegedly helped some of the hijackers travel from Pakistan to the United Arab Emirates and then to the US in preparation for the attacks. (CBS News 6/23/2003; Thompson 3/2007) (Al-Hawsawi will be captured in Pakistan in March 2003, and detained in an undisclosed location somewhere outside the US. See Early-Late June, 2001) (Hirschkom 12/13/2005) The government also alleges that the phone number was a contact number for Ramzi Bin al-Shibh, another unindicted co-conspirator in the Moussaoui indictment. The government says that two calling cards were used to call the number, which was also listed as a contact number on a package it believes was sent by 9/11 hijacker Mohamed Atta to the UAE on September 8, 2001. The cards were allegedly used to place phone calls from al-Marri’s residence, from his cellphone, and from the Marriott hotel room he was staying in on September 11. However, none of the three calls to the UAE number were made from phones registered to Al-Marri, though, nor is there proof he placed them. Some of the calls made from the card to the UAE were placed to relatives of al-Marri. (Bradley Scout 3/29/2002) In March 2002, Justice Department official Alice Fisher will say that an unnamed al-Qaeda detainee “in a position to know… positively identified al-Marri as an al-Qaeda sleeper operative who was tasked to help new al-Qaeda operatives get settled in the United States for follow-on attacks after 9/11.” That unidentified tipster brought al-Marri to the attention of federal law enforcement shortly after the attacks. FBI officials have said that al-Marri is not considered to have played any part in the attacks, but is still considered a danger to the US. (McCaffrey 6/23/2003) In 2003, the FBI adds that it found “an almanac with bookmarks in pages that provided information about major US dams, reservoirs, waterways and railroads.” (Simpson 6/24/2003) He is believed to be a relative of Saudi national and future Guantanamo detainee Mohamed al-Khatani, who is said to be an intended 9/11 hijacker (see July 2002). (Golden and van Natal 6/21/2004)
Bank and Credit Card Fraud - According to the FBI, al-Marri obtained a bank account under a false name, rented a motel room under a false name to create a mailing address, and formed a fake company, AAA Carpet, using the motel’s address. The FBI also says al-Marri used a fake Social Security number to open three other bank accounts. Al-Marri was carrying well over 15 fake credit card numbers on him when he was interviewed yesterday, says the US Attorney’s office in Illinois. (CBS News 6/23/2003; Thompson 3/2007) There are also allegedly over 1,000 more in his personal computer files. He has missed so many classes, the FBI says, that he is on the verge of flunking out. The FBI says al-Marri’s computer also contains Arabic lectures by Osama bin Laden, photographs of the 9/11 attacks, and a cartoon of planes crashing into the World Trade Center. The computer has a folder labeled “jihad arena,” and another labeled “chem,” which, government officials say, contains industrial chemical distributor websites used by al-Marri to obtain information about hydrogen cyanide, a poisonous gas used in chemical weapons. (Hirschkom 12/13/2005) Al-Marri consents to the search and the seizure of his computer and other possessions. (Bradley Scout 3/29/2002) Al-Marri will be charged with financial crimes in 2002 (see February 8, 2002), charges that later will be dropped (see June 23, 2003). (CBS News 6/23/2003)

After fleeing Iraq, Adnan Ihsan Saeed al-Haideri, 43, defects to the US. Before he is debriefed by the CIA, he spends several days in a Bangkok hotel room being coached by Zaab Sethna, the spokesman of the Iraqi National Congress, on what he should tell his debriefer. On December 17, he meets with a CIA official who questions him. Strapped to a polygraph machine (Bamford 11/17/2005) , al-Haideri proceeds to tell the agent he is a civil engineer who helped hide Iraq’s illicit weapons in subterranean wells, private villas, and even beneath the Saddam Hussein Hospital. After reviewing the polygraph, which was requested by the Defense Intelligence Agency, the intelligence debriefer concludes that Haideri made the entire story up. (Mayer 6/7/2004; Bamford 11/17/2005)

The Senate Subcommittee on International Operations and Terrorism holds a hearing on the global reach of al-Qaeda and hears testimony from several intelligence community officers. One of them is Tom Wilshire, a CIA officer on loan to the FBI who was involved in several pre-9/11 failures (see 9:30 a.m. - 4:00 p.m. January 5, 2000, August 22, 2001, and August 24, 2001). Wilshire is described as the deputy chief of the FBI’s International Terrorism Operations Section. In his opening remarks, Wilshire describes the “worldwide jihad movement,” which is “considered to be legitimate by many of our allies in terms of defense of Islam,” as a “multibillion effort” active in, for example, Chechnya, Bosnia, and the Philippines. Although some of the “tributaries” to the movement are “somehow legitimate,” al-Qaeda is “one of the most significant off-shoots,” and views the US as “the stabilising mechanism that allows the regimes that [Osama] bin Laden views to be corrupt [such as Egypt and Saudi Arabia] and to stay in power.” Wilshire also says that one of bin Laden’s goals was to provoke a “land war in Afghanistan,” although he perhaps did not anticipate it taking its current form. He discusses how al-Qaeda has changed over the years, the bayat oath of loyalty to bin Laden, and numbers of operatives: he puts the organization’s “elite” in the hundreds, but says it also has “small thousands” fighting in places like Afghanistan and Chechnya, as well as “thousands” more around the world, although perhaps “their skill level is not as high.” He also discusses a recently released videotape in which a man thought to be bin Laden said the “muscle” hijackers did not know they were on a suicide mission until the last minute (see Mid-November 2001), and calls bin Laden “very charismatic.” Wilshire adds that radical Islamists have looked at the possibility of setting up training camps in the US, but that it is easier for them to have introductory training in Europe, which was the case of a group of British citizens arrested in Yemen (see December 23, 1998). Finally, he says that al-Qaeda is linked to Abu Sayyaf, which is not just a local Filipino group and falls under “outside influence.” (US Congress. Senate. Subcommittee on International Operations and Terrorism 12/18/2001)

Yazid Sufaat.Yazid Sufaat. [Source: FBI]Yazid Sufaat is arrested in Malaysia. Sufaat is a Malaysian who owns a condominum in Kuala Lumpur, Malaysia, where a January 2000 al-Qaeda summit was held (see January 5-8, 2000). He also graduated in 1987 from a California university with a degree in biological sciences. According to interrogations of Khalid Shaikh Mohammed, Hambali, and other captured prisoners, Sufaat was given the lead in developing chemical and biological weapons for al-Qaeda, but he apparently had been unable to buy the kind of anthrax he wanted for an attack. Zacarias Moussaoui, Mohamed Atta, and other al-Qaeda operatives appeared to have had an interest in crop dusters before 9/11. It has been suggested that this interest served to further Sufaat’s biological weapons plot. This would especially make sense in the case of Moussaoui, since he stayed with Sufaat in Sufaat’s Malaysia apartment for two months in late 2000 (see September-October 2000). The US will only be able to directly interview Sufaat on one brief occasion, in November 2002. (Eggen 3/28/2003; Ressa 10/10/2003; Simpson 12/7/2003) Sufaat will be released in 2008. The Malaysian government will never try or charge him (see December 4, 2008).

CIA officer Richard Blee, who is now chief of the CIA’s station in Kabul, Afghanistan, objects to the FBI interviewing high-ranking al-Qaeda detainee Ibn al-Shaykh al-Libi. The FBI obtained access to al-Libi after he was handed over to the US, and is obtaining some information from him about Zacarias Moussaoui and Richard Reid, who will be prosecuted in the US (see December 19, 2001). However, according to FBI agent Jack Cloonan, “for some reason, the CIA chief of station in Kabul is taking issue with our approach.” (Vest 6/19/2005) CIA Director George Tenet learns of Blee’s complaints and insists that al-Libi be turned over to the CIA (see January-April 2002), which promptly puts him on a plane to Egypt (see January 2002 and After), where he is tortured and makes false statements (see February 2002). Blee was in charge of the CIA’s bin Laden unit on 9/11 and has only recently become chief of its Kabul station. (Berntsen and Pezzullo 2005, pp. 59-60, 297) The FBI, which has long experience interviewing suspects, will continue in its attempts to use rapport-building techniques (see Late March through Early June, 2002), whereas the CIA will employ harsher techniques, despite not having much experience with interviews (see Mid-April 2002).

A Jordanian suspected of involvement in the 1993 WTC bombing (see February 26, 1993) and 1995 Bojinka plot (see January 6, 1995) is arrested but apparently only charged with minor offenses. Hadi Yousef Alghoul had been arrested in the Philippines in March 1995 and accused of involvement in the Bojinka plot there. (see April 1, 1995-Early 1996). He apparently is the cousin of bomber Ramzi Yousef. (Ressa 2003, pp. 25) On December 26, 2001, he is arrested in the Philippines again. He is found with nearly 300 sticks of dynamite and other bomb making materials. A police colonel says Alghoul had been under surveillance for years. (CNN 12/28/2001; Abuza 12/1/2002) Police say he is one of the United States’ 25 most wanted terrorists with a $25 million reward for his arrest in connection with the 1993 WTC bombing. His “fingerprints perfectly matched those of a terrorist tagged in the World Trade Center bombing.” He is also wanted for plotting the assassination of Americans. (Roxas 1/6/2002) Yet despite all these accusations, he is not extradited to the US as other Bojinka suspects were, and he is merely charged in 2002 with the illegal possession of explosive devices. There have been no further news accounts about him. (Manila Sun-Star 11/16/2002)

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. (Barry, Hirsh, and Isikoff 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)

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.

Sometime in early 2002, President Bush signs a secret executive order authorizing the National Security Agency (NSA) to wiretap phone conversations and read e-mails to and from US citizens. The order extends an operation set into motion at least as early as October 2001 to begin wiretapping US citizens’ phones in a response to the 9/11 attacks. When the program is revealed by the US media in late 2005 (see December 15, 2005), Bush and his officials will say the program is completely legal, though it ignores the requirements of the Foreign Intelligence Surveillance Act (FISA) that requires the government to obtain court-issued warrants to mount surveillance against US citizens. They will insist that only those suspected of having ties to al-Qaeda are monitored, and only when those individuals make or receive international communications. (Risen and Lichtblau 12/15/2005; Gellman 12/22/2005; Isikoff 12/22/2008) Bush’s order authorizes the NSA to monitor international telephone conversations and international e-mails of hundreds, and perhaps thousands, of US citizens without court warrants, in an effort to track what officials call “dirty numbers” linked to al-Qaeda. When the program is finally revealed by the New York Times over three years later (see December 15, 2005), officials will say that the NSA still seeks warrants to monitor domestic communications. But there is little evidence of this (see, for example, Spring 2001). The presidential order is a radical shift in US surveillance and intelligence-gathering policies, and a major realignment for the NSA, which is mandated to only conduct surveillance abroad. Some officials believe that the NSA’s domestic eavesdropping crosses constitutional limits on legal searches. “This is really a sea change,” a former senior official who specializes in national security law will say in December 2005. “It’s almost a mainstay of this country that the NSA only does foreign searches.” (Risen and Lichtblau 12/15/2005) Some sources indicate that NSA domestic surveillance activities, such as data-mining, the use of information concerning US persons intercepted in foreign call monitoring, and possibly direct surveillance of US persons, took place prior to 9/11 (see Late 1999, February 27, 2000, December 2000, February 2001, February 2001, Spring 2001, and July 2001).

The Justice Department’s Patrick Philbin sends a classified memo to Attorney General John Ashcroft. The memo’s contents will not be divulged, but the American Civil Liberties Union (ACLU) will later learn that it regards Ashcroft’s review of the Terrorist Surveillance Program (TSP—see March 2002). (American Civil Liberties Union [PDF] 1/28/2009 pdf file) The memo contains a legal review by Ashcroft of President Bush’s order authorizing the TSP, the Bush administration’s name for its warrantless wiretapping program. The review is requested before one of the 45-day reauthorizations by the president as required by law. (Nguyen and Weaver 4/16/2009)

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.” (Grey 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).

Vice Admiral John Poindexter testifying before Congress in the Iran Contra hearings in 1987.Vice Admiral John Poindexter testifying before Congress in the Iran Contra hearings in 1987. [Source: Associated Press]Vice Admiral John Poindexter begins running a shadowy new government agency called the Information Awareness Office. (Markoff 2/13/2002; Caterinicchia 10/17/2002) Poindexter, formerly President Reagan’s National Security Adviser, is known for his five felony convictions of lying to Congress, destroying documents, and obstructing Congress in its investigation of his role in the mid-1980s Iran-Contra affair. Later his convictions were overturned on a technicality. (Turley 11/17/2002) Far from apologizing, Poindexter said it was his duty to lie to Congress. (Newsday 12/1/2002) The New York Times notes that his new agency “is developing technologies to give federal officials instant access to vast new surveillance and information-analysis systems.” The new office is part of DARPA, the Defense Advanced Research Projects Agency. Poindexter was also known for his controversial role in shifting control of computer security to the military in the 1980s. Says Marc Rotenberg, former counsel for the Senate Judiciary Committee, “It took three administrations and both political parties over a decade to correct those mistakes.” (Markoff 2/13/2002) Surprisingly, Poindexter’s appointment is little noticed until later in 2002 when the Total Information Awareness program is revealed (see March 2002; November 9, 2002). Incidentally, several others involved in the Iran-Contra affair also find jobs in the Bush Administration, including Elliott Abrams, John Negroponte, and Otto Reich. (Observer 12/8/2002)

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. (Golden 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). (Gellman and Becker 6/24/2007)
Final Decision - Bush will make his formal final declaration three weeks later (see February 7, 2002).

The Defense Intelligence Agency issues a four-page Defense Intelligence Terrorism Summary (DITSUM No. 044-02) stating that it is probable that prisoner Ibn al-Shaykh al-Libi intentionally misled debriefers when he claimed Iraq was supporting al-Qaeda in working with illicit weapons. During interviews with al-Libi, the DIA noted the Libyan al-Qaeda operative could not name any Iraqis involved, any chemical or biological material used, or where the alleged training took place. “It is possible he does not know any further details; it is more likely this individual is intentionally misleading the debriefers,” the report says. “Ibn al-Shaykh has been undergoing debriefs for several weeks and may be describing scenarios to the debriefers that he knows will retain their interest.” The DIA report is presumably circulated widely within the government, and is available to the CIA, the White House, the Pentagon, the National Security Council, and other agencies.
No Evidence of Connections between Iraq, al-Qaeda - On the general subject of Iraq’s alleged ties to al-Qaeda, the DIA report notes: “Saddam [Hussein]‘s regime is intensely secular and is wary of Islamic revolutionary movements. Moreover, Baghdad is unlikely to provide assistance to a group it cannot control.” The report also questions the reliability of information provided by high-value al-Qaeda detainees being held in secret CIA facilities or who have been “rendered” to foreign countries where they are believed to undergo harsh interrogation tactics.
Using al-Libi's Information to Bolster Case for War - Information supplied by al-Libi will be the basis for a claim included in an October 2002 speech (see October 7, 2002) by President Bush, in which he states, “[W]e’ve learned that Iraq has trained al-Qaeda members in bomb making and poisons and gases.” Intelligence provided by al-Libi will also be included in Colin Powell’s February speech (see February 5, 2003) to the UN. In that speech, Powell will cite “the story of a senior terrorist operative telling how Iraq provided training in these weapons to al-Qaeda.” (Jehl 11/6/2005; Pincus 11/6/2005; Gaouette 11/7/2005; Isikoff and Hosenball 11/10/2005)
Report Released as Proof of Administration's Reliance on Poor Intelligence Sources - Declassified portions of the DIA report will be issued on November 6, 2005 by two senators, Carl Levin (D-MI) and John D. Rockefeller (D-WV). Rockefeller will tell CNN that al-Libi is “an entirely unreliable individual upon whom the White House was placing a substantial intelligence trust.” The situation was, Rockefeller will say, “a classic example of a lack of accountability to the American people.” (Gaouette 11/7/2005)

Hassan Ali bin Attash.Hassan Ali bin Attash. [Source: US Defense Department]Pakistani forces raid a safe house in Karachi, Pakistan, and arrest 17 suspected al-Qaeda operatives. All 17 will eventually be sent to the US-run Guantanamo prison in Cuba.
Abu Bara al-Taizi - One of them is Abu Bara al-Taizi (a.k.a. Zohair Mohammed Said), who attended the al-Qaeda summit in Malaysia in 2000 (see January 5-8, 2000) and was to be a hijacker for an Asian portion of the 9/11 attacks that never materialized. Al-Taizi will be handed to the US on February 27, and then transferred to Guantanamo a few months later.
Abdu Ali Sharqawi - The safe house is run by Abdul Rahim al-Sharqawi, a Yemeni commonly known as Riyadh the Facilitator. He is arrested as well, but he will not be handed to the US and then sent to Guantanamo until September 2004. (US Department of Defense 7/7/2008; US Department of Defense 10/25/2008) Another Guantanamo prisoner, Hassan Ali bin Attash, will later say that he and al-Sharqawi were held in a Jordanian prison for over a year. That would explain most of the time between al-Sharqawi’s arrest and his transfer to Guantanamo. (US Department of Defense 6/25/2008) The New York Times will later identify al-Sharqawi as one of the four most important al-Qaeda leaders captured in the first year after 9/11. (Risen and Filkins 9/10/2002)
Al-Sharqawi's Al-Qaeda Activity - According to al-Sharqawi’s Guantanamo file, he joined al-Qaeda after fighting in Bosnia in 1995 and was closely linked to many al-Qaeda leaders. For a time, he even took part in weekly planning meetings with Osama bin Laden and others. In the summer of 2001, he began running the safe house in Karachi. His file says that he photo-identifies 11 of the 9/11 hijackers and provides varying amounts of information on each of them. He estimates that he helped over 100 al-Qaeda operatives leave Pakistan in the post-9/11 crackdown before his safe house was shut down. 9/11 mastermind Khalid Shaikh Mohammed and hijacker associate Ramzi bin al-Shibh passed through his safe house in January 2002, a few weeks before the safe house is raided. As of late 2008, al-Sharqawi, al-Taizi, and nine others captured in the raid remain imprisoned in Guantanamo, while six others have been transferred out. (US Department of Defense 7/7/2008; US Department of Defense 10/25/2008) Most of the above is based on Guantanamo files leaked to the public in 2011 by the non-profit whistleblower group WikiLeaks. There are many doubts about the reliability of the information in the files (see April 24, 2011).
Neighbor's Tip Led to Raid - The safe house was discovered because the Pakistani Army asked the public for leads on the movements of suspicious foreigners. Apparently one or more neighbors pointed out the safe house (see Late 2001).

Accused al-Qaeda sleeper agent Ali Saleh Kahlah al-Marri (see December 12, 2001) is charged with one count of credit card fraud. He has already been arrested on a material witness warrant pertaining to the investigation of the 9/11 attacks; since January, he has been in detention in New York City, where most of the investigations are centered. (Bradley Scout 3/29/2002) According to the FBI, phone records link al-Marri with a phone number in the United Arab Emirates that was used by 9/11 hijacker Mohamed Atta and one of his associates, Ramzi bin Al-Shibh. Al-Marri’s lawyer, Richard Jasper, says there is no evidence linking al-Marri to the phone calls by Atta and bin al-Shibh, al-Marri merely attempted three phone calls to the same number. “Attempted—I don’t know what that means, do you?” Jasper says. “It’s the thinnest of inferences, actually. If you read the affidavit carefully there’s no direct or indirect evidence he made the calls. How do we know there wasn’t some kind of mistaken call or some flaw in recovering the numbers?” Al-Marri has family members in the UAE. (Robinson 3/21/2002)

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; Whitaker 2/14/2002; CNN 2/14/2002; Arrabyee 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; Arrabyee 2/21/2002)

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)

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.” (Linzer 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. (Shane 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.


This partial image from a Total Information Awareness slide presentation shows types of data that will be collected. Note that
even “gait” - the way one walks, will be analyzed.
This partial image from a Total Information Awareness slide presentation shows types of data that will be collected. Note that even “gait” - the way one walks, will be analyzed. [Source: DARPA]The US military internally announces the creation of a new global data collection system called Total Information Awareness. The existence of this program is not reported until August 2002 (Borin 8/7/2002) , and not widely known until November 2002 (see November 9, 2002). Interestingly, the early accounts of this program suggest its budget is a “significant amount” of $96 million (Caterinicchia 10/17/2002) , and not the $10 million later reported. (Goldenberg 11/23/2002) It is also reported that “parts” of the program “are already operational” whereas later it is said to be only in the conceptual stages of development. (Caterinicchia 10/17/2002)

Deputy Assistant Attorney General Joan Larsen and Gregory Jacob, an attorney-adviser to the Office of Legal Counsel (OLC), send a classified memo to lawyers in the Justice Department’s civil division. The memo will remain secret, but the American Civil Liberties Union (ACLU) will learn that it regards the availability of habeas corpus protections to detainees captured in the US’s “war on terror.” (American Civil Liberties Union [PDF] 1/28/2009 pdf file) The memo asserts that detainees have no habeas corpus protections, and therefore cannot challenge their detentions in US courts, despite multiple Supreme Court rulings to the contrary. (Nguyen and Weaver 4/16/2009)

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; Lewis 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.” (Smith and Eggen 3/3/2009)

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. (Ross and Esposito 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. (Jehl 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. (Horton 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. (Ross and Esposito 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). (Jehl 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.” (Ross and Esposito 11/18/2005)

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

Larry Thompson.
Larry Thompson. [Source: White House]Serious tensions develop between the FBI and Operation Greenquest investigators in the wake of the Greenquest raid on the SAAR network in March 2002 (see After March 20, 2002). The Customs Department launched Greenquest, an investigation into the financing of al-Qaeda and similar groups, weeks after 9/11. In June 2002, the Washington Post will headline an article, “Infighting Slows Hunt for Hidden al-Qaeda Assets.” (DeYoung and Farah 6/18/2002)
FBI Wants Control of Greenquest - With the creation of the new Department of Homeland Security (see November 25, 2002), the FBI and its parent agency the Justice Department are given a chance to gain total control over Operation Greenquest. Newsweek reports, “Internally, FBI officials have derided Greenquest agents as a bunch of ‘cowboys’ whose actions have undermined more important, long-range FBI investigations into terrorist financing.” Meanwhile: “The FBI-Justice move, pushed by [Justice Department] Criminal Division chief Michael Chertoff and Deputy Attorney General Larry Thompson, has enraged Homeland Security officials.… They accuse the [FBI] of sabotaging Greenquest investigations—by failing to turn over critical information to their agents—and trying to obscure a decade-long record of lethargy in which FBI offices failed to aggressively pursue terror-finance cases. ‘They [the FBI] won’t share anything with us,’ [says] a Homeland Security official. ‘Then they go to the White House and they accuse us of not sharing. If they can’t take it over, they want to kill it.’”
Derails Greenquest's Investigation into Firm with Terrorist Ties - This battle has a large effect on the investigation into Ptech, a Boston-based computer company with ties to suspected terrorist financiers. When Ptech whistleblowers approach the FBI, the FBI “apparently [does] little or nothing in response” (see Shortly After October 12, 2001 and May-December 5, 2002). Then Greenquest launches an investigation in Ptech, which culminates in a raid on the Ptech offices in December 2002 (see December 5, 2002). “After getting wind of the Greenquest probe, the FBI stepped in and unsuccessfully tried to take control of the case. The result, sources say, has been something of a train wreck.” (Isikoff and Hosenball 4/9/2003)
Greenquest Based on Single FBI Agent's Investigations - Greenquest appears to have been heavily based on the pre-9/11 investigations of FBI agent Robert Wright. The New York Post will report in 2004: “After 9/11, Wright’s work was picked up by David Kane of the US Customs Service, who raided companies owned by [Yassin] al-Qadi, leading to al-Qadi’s designation as a ‘global terrorist’ and to money-laundering indictments of companies in Northern Virginia linked to al-Qadi and Soliman Biheiri (another Wright investigatee). The [Greenquest] indictments rely heavily on Wright’s work.” (Schlussel 7/14/2004)
FBI Will Win Battle for Greenquest - The FBI will eventually win the battle with Homeland Security and Customs, and Greenquest will cease to exist at the end of June 2003 (see May 13-June 30, 2003). (Isikoff and Hosenball 4/9/2003)

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). (Leonnig 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.” (Eggen and Pincus 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.” (Burke 4/7/2002)

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. (Burns 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. (Johnston 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.” (Burns 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. (Burke 6/13/2004; Danner 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). (Burns 4/14/2002)

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.” (Rose 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. (Finn and Warrick 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.” (Khatchadourian 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. (Rose 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)

FBI senior interrogator and al-Qaeda expert Ali Soufan, in conjunction with FBI agent Steve Gaudin, interrogate suspected al-Qaeda operative Abu Zubaida (see March 28, 2002) using traditional non-coercive interrogation methods, while Zubaida is under guard in a secret CIA prison in Thailand. A CIA interrogation team is expected but has not yet arrived, so Soufan and Gaudin who have been nursing his wounds are initially leading his questioning using its typical rapport-building techniques. “We kept him alive,” Soufan will later recall. “It wasn’t easy, he couldn’t drink, he had a fever. I was holding ice to his lips.” At the beginning, Zubaida denies even his identity, calling himself “Daoud;” Soufan, who has pored over the FBI’s files on Zubaida, stuns him by calling him “Hani,” the nickname his mother called him. Soufan and Gaudin, with CIA officials present, elicit what he will later call “important actionable intelligence” from Zubaida. To help get him to talk, the agents bring in a box of audiotapes and claim they contain recordings of his phone conversations. He begins to confess.
Zubaida Reveals KSM Is 9/11 Mastermind - Zubaida tells Soufan that Khalid Shaikh Mohammed was the mastermind of the 9/11 attacks, and confirms that Mohammed’s alias is “Mukhtar,” a vital fact US intelligence discovered shortly before 9/11 (see August 28, 2001). Soufan shows Zubaida a sheaf of pictures of terror suspects; Zubaida points at Mohammed’s photo and says, “That’s Mukhtar… the one behind 9/11” (see April 2002). Zubaida also tells Soufan about American al-Qaeda operative Jose Padilla (see March 2002 and Mid-April 2002). In 2009, Soufan will write of his interrogations of Zubaida (see April 22, 2009): “This experience fit what I had found throughout my counterterrorism career: traditional interrogation techniques are successful in identifying operatives, uncovering plots and saving lives.” When the CIA begins subjecting Zubaida to “enhanced interrogation tactics” (see Mid-April 2002), Soufan will note that they learn nothing from using those tactics “that wasn’t, or couldn’t have been, gained from regular tactics. In addition, I saw that using these alternative methods on other terrorists backfired on more than a few occasions… The short sightedness behind the use of these techniques ignored the unreliability of the methods, the nature of the threat, the mentality and modus operandi of the terrorists, and due process.” (Eban 7/17/2007; Mayer 2008, pp. 155; Soufan 4/22/2009; Isikoff 4/25/2009)
Standing Up to the CIA - The CIA interrogation team members, which includes several private contractors, want to begin using “harsh interrogation tactics” on Zubaida almost as soon as they arrive. The techniques they have in mind include nakedness, exposure to freezing temperatures, and loud music. Soufan objects. He yells at one contractor (whom other sources will later identify as psychologist James Mitchell—see Late 2001-Mid-March 2002, January 2002 and After and Between Mid-April and Mid-May 2002), telling him that what he is doing is wrong, ineffective, and an offense to American values. “I asked [the contractor] if he’d ever interrogated anyone, and he said no,” Soufan will later say. But, Mitchell retorts that his inexperience does not matter. “Science is science,” he says. “This is a behavioral issue.” Instead, Mitchell says, Soufan is the inexperienced one. As Soufan will later recall, “He told me he’s a psychologist and he knows how the human mind works.” During the interrogation process, Soufan finds a dark wooden “confinement box” that the contractor has built for Zubaida. Soufan will later recall that it looked “like a coffin.” (Other sources later say that Mitchell had the box constructed for a “mock burial.”) An enraged Soufan calls Pasquale D’Amuro, the FBI assistant director for counterterrorism. “I swear to God,” he shouts, “I’m going to arrest these guys!” Soufan challenges one CIA official over the agency’s legal authority to torture Zubaida, saying, “We’re the United States of America, and we don’t do that kind of thing.” But the official counters with the assertion that the agency has received approval from the “highest levels” in Washington to use such techniques. The official even shows Soufan a document that the official claims was approved by White House counsel Alberto Gonzales. It is unclear what document the official is referring to.
Ordered Home - In Washington, D’Amuro is disturbed by Soufan’s reports, and tells FBI director Robert Mueller, “Someday, people are going to be sitting in front of green felt tables having to testify about all of this.” Mueller orders Soufan and then Gaudin to return to the US, and later forbids the FBI from taking part in CIA interrogations (see May 13, 2004). (Johnston 9/10/2006; Isikoff 4/25/2009)
Disputed Claims of Effectiveness - The New York Times will later note that officials aligned with the FBI tend to think the FBI’s techniques were effective while officials aligned with the CIA tend to think the CIA’s techniques were more effective. (Johnston 9/10/2006) In 2007, former CIA officer John Kiriakou will make the opposite claim, that FBI techniques were slow and ineffective and CIA techniques were immediately effective. However, Kiriakou led the team that captured Zubaida in Pakistan and does not appear to have traveled with him to Thailand (see December 10, 2007). (Esposito and Ross 12/10/2007; Kiriakou 12/10/2007 pdf file)
Press Investigation Finds that FBI Interrogations Effective - In 2007, Vanity Fair will conclude a 10 month investigation comprising 70 interviews, and conclude that the FBI techniques were effective. The writers will later note, “America learned the truth of how 9/11 was organized because a detainee had come to trust his captors after they treated him humanely.” CIA Director George Tenet reportedly is infuriated that the FBI and not the CIA obtained the information and he demands that the CIA team get there immediately. But once the CIA team arrives, they immediately put a stop to the rapport building techniques and instead begin implementing a controversial “psychic demolition” using legally questionable interrogation techniques. Zubaida immediately stops cooperating (see Mid-April 2002). (Eban 7/17/2007)

Captured al-Qaeda operative Abu Zubaida (see March 28, 2002), after recovering somewhat from three gunshot wounds inflicted during his capture, is transferred to a secret CIA prison in Thailand, presumably the revamped Vietnam War-era base in Udorn. (Weiner 2007, pp. 297; Warrick and Finn 4/22/2009) In late 2006, after being transferred to Guantanamo, Zubaida will tell representatives of the International Committee of the Red Cross the story of his interrogation in Thailand (see October 6 - December 14, 2006). Zubaida becomes what CIA interrogator John Kiriakou will later call “a test case for an evolving new role… in which the agency was to act as jailer and interrogator of terrorism suspects” (see September 17, 2001).
New Tactics To Be Used - Officials from the military’s Survival, Evasion, Resistance, and Escape (SERE) program are involved in Zubaida’s interrogations. SERE officials have prepared a program of so-called “harsh interrogation methods,” many of which are classified as torture under the Geneva Conventions and the Convention Against Torture (see December 2001 and July 2002). A 2009 Senate report (see April 21, 2009) will find: “At some point in the first six months of 2002, JPRA [the Joint Personnel Recovery Agency] assisted with the preparation of a [redacted name], sent to interrogate a high-level al-Qaeda operative.” Further investigation will prove that the person whose name will be redacted is, indeed, Zubaida. According to a June 20, 2002 memo, the SERE officials’ participation in the Zubaida interrogation is “training.” JPRA psychologist Bruce Jessen, one of the authors of the JPRA torture methodology (see January 2002 and After), suggests that “exploitation strategies” be used against Zubaida. Jessen’s collaborator on the torture proposal, James Mitchell, is present for Zubaida’s torture; Mitchell plays a central role in the decision to use what the CIA calls an “increased pressure phase” against Zubaida. (Warrick and Finn 4/22/2009)
First Weeks Shackled and Sleep-Deprived - Zubaida will begin his narrative after his initial, and successful, interrogation by FBI agents (see Late March through Early June, 2002). He spends the first weeks of his captivity shackled to a chair, denied solid food, and kept awake. In Zubaida’s words: “I woke up, naked, strapped to a bed, in a very white room. The room measured approximately [13 feet by 13 feet]. The room had three solid walls, with the fourth wall consisting of metal bars separating it from a larger room. I am not sure how long I remained in the bed. After some time, I think it was several days, but can’t remember exactly, I was transferred to a chair where I was kept, shackled by [the] hands and feet for what I think was the next two to three weeks. During this time I developed blisters on the underside of my legs due to the constant sitting. I was only allowed to get up from the chair to go [to] the toilet, which consisted of a bucket. Water for cleaning myself was provided in a plastic bottle. I was given no solid food during the first two or three weeks, while sitting on the chair. I was only given Ensure [a nutrient supplement] and water to drink. At first the Ensure made me vomit, but this became less with time. The cell and room were air-conditioned and were very cold. Very loud, shouting type music was constantly playing. It kept repeating about every 15 minutes, 24 hours a day. Sometimes the music stopped and was replaced by a loud hissing or crackling noise. The guards were American, but wore masks to conceal their faces. My interrogators did not wear masks. During this first two to three week period I was questioned for about one to two hours each day. American interrogators would come to the room and speak to me through the bars of the cell. During the questioning the music was switched off, but was then put back on again afterwards. I could not sleep at all for the first two to three weeks. If I started to fall asleep one of the guards would come and spray water in my face.” In 2009, author Mark Danner will write: “One can translate these procedures into terms of art: ‘Change of Scenery Down.’ ‘Removal of Clothing.’ ‘Use of Stress Positions.’ ‘Dietary Manipulation.’ ‘Environmental Manipulation.’ ‘Sleep Adjustment.’ ‘Isolation.’ ‘Sleep Deprivation.’ ‘Use of Noise to Induce Stress.’ All these terms and many others can be found, for example, in documents associated with the debate about interrogation and ‘counter-resistance’ carried on by Pentagon and Justice Department officials beginning in 2002. Here, however, we find a different standard: the [proposed regulations say], for example, that ‘Sleep Deprivation’ is ‘not to exceed four days in succession,’ that ‘Dietary Manipulation’ should include ‘no intended deprivation of food or water,’ that ‘removal of clothing,” while ‘creating a feeling of helplessness and dependence,’ must be ‘monitored to ensure the environmental conditions are such that this technique does not injure the detainee.’ Here we are in a different place.”
CIA Team Moves In - The first weeks of Zubaida’s captivity are maintained by a small team of FBI agents and interrogators, but soon a team from the CIA’s Counterterrorism Center takes over. As Kiriakou will later recall: “We had these trained interrogators who were sent to his location to use the enhanced techniques as necessary to get him to open up, and to report some threat information.… These enhanced techniques included everything from what was called an attention shake, where you grab the person by their lapels and shake them, all the way up to the other end, which is waterboarding.” After the initial period of captivity, Zubaida is allowed to sleep with less interruption, stretched out naked and shackled on the bare floor. He is also given solid food for the first time in weeks—rice. A female doctor examines him and asks why he is still naked; he is, he will recall, “provided with orange clothes to wear.” The clothes only last a day, though: “[G]uards came into my cell,” Zubaida will recall. “They told me to stand up and raise my arms above my head. They then cut the clothes off of me so that I was again naked and put me back on the chair for several days. I tried to sleep on the chair, but was again kept awake by the guards spraying water in my face.”
Alternating Harsh and Lenient Treatments - For the next few weeks, Zubaida’s treatment veers from abusive to almost lenient. Mostly he is kept naked and confined to his cell, often suffering from intense cold in the frigid air-conditioned environment. One official later tells the ICRC that often he “seemed to turn blue.” Clothing is provided, then taken away. Zubaida will tell ICRC officials: “When my interrogators had the impression that I was cooperating and providing the information they required, the clothes were given back to me. When they felt I was being less cooperative the clothes were again removed and I was again put back on the chair.” For a time he is given a mattress to sleep on; sometimes he is “allowed some tissue paper to use when going to toilet on the bucket.” A month goes by with no interrogations. He will recall: “My cell was still very cold and the loud music no longer played but there was a constant loud hissing or crackling noise, which played 24 hours a day. I tried to block out the noise by putting tissue in my ears.” Then, “about two and half or three months after I arrived in this place, the interrogation began again, but with more intensity than before.” Danner will write that he isn’t sure if the wild swings in procedures are intentional, meant to keep Zubaida off-guard, or, as he will write, “resulted from disputes about strategy among the interrogators, who were relying on a hastily assembled ‘alternative set of procedures’ that had been improvised from various sources, including scientists and psychiatrists within the intelligence community, experts from other, ‘friendly’ governments, and consultants who had worked with the US military and now ‘reverse-engineered’ the resistance training taught to American elite forces to help them withstand interrogation after capture.” Danner notes that some CIA documents going back to the 1960s advocate subjecting the captive to sensory deprivation and disorientation, and instilling feelings of guilt, shame, and helplessness. The old CIA documents say that captives should be kept in a state of “debility-dependence-dread.” (Danner 3/15/2009)
Justice Department's 'Ticking Bomb' Scenario - The August 2002 “golden shield” memo from the Justice Department (see August 1, 2002) will use what is often called the “ticking bomg scenario”—the supposition that a terror attack is imminent and only torture can extract time-critical information from a terrorist detainee to give US officials a chance to stop the attack—to justify Zubaida’s torture. According to CIA reports, Zubaida has information regarding “terrorist networks in the United States” and “plans to conduct attacks within the United States or against our interests overseas.” But Brent Mickum, who later becomes one of Zubaida’s attorneys, will say that he believes the Justice Department memo retroactively approved coercive tactics that had already been used. “If torture occurred before the memo was written, it’s not worth the paper it’s written on, and the writing of the memo is potentially criminal,” Mickum will note. (Warrick and Finn 4/22/2009)
Interrogations Continue in June - Sometime in June, Zubaida will once again be interrogated (see June 2002).

At a luncheon for Republicans in Connecticut, President Bush boasts of the recent capture of alleged al-Qaeda operative Abu Zubaida (see March 28, 2002). Bush says: “The other day we hauled in a guy named Abu Zubaida. He’s one of the top operatives plotting and planning death and destruction on the United States. He’s not plotting and planning anymore. He’s where he belongs.” (Bush 4/9/2002) Bush is presumably aware that Zubaida is being tortured in Thailand (see Late March 2002 and April - June 2002).

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.

Portions of videotapes of CIA detainee interrogations are transmitted from the foreign countries where the detainees are being held back to CIA headquarters in the US, where they are reviewed by “a small number of officials.” One of the reasons the tapes are made is so that headquarters can check on the methods being used by the interrogators (see Spring-Late 2002 and Mid-May 2002 and After). These methods are said to include waterboarding and other questionable techniques (see Mid-March 2002). It is unclear what happens to these transmitted recordings when many of the videotapes of the interrogations are destroyed (see November 2005). However, in late 2007 an anonymous counterterrorism official will say there is “no reason” to believe the transmitted recordings still exist. (Isikoff and Hosenball 12/11/2007) A 2003 book by Gerald Posner will also indicate that a team of CIA officials watch the interrogation of al-Qaeda leader Abu Zubaida live on video from an adjacent room. Interrogators in the room wear earpieces so they can immediately act on suggestions from the team. (Posner 2003, pp. 188-190)

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. (Eban 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.’” (Mayer 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. (Eban 7/17/2007)

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. (Eban 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).

Jose Rodriguez.Jose Rodriguez. [Source: CIA]Jose Rodriguez, formerly chief of the CIA’s Latin American division, is appointed head of its rapidly expanding Counterterrorist Center. The appointment surprises some, as Latin America is not at the heart of global counterterrorism efforts and Rodriguez, who cannot speak Arabic, has no experience in the Middle East. In addition, Rodriguez was removed from his position in 1997, after he tried to get the government of the Dominican Republic to drop charges against a person described as a “friend,” and was criticized by the CIA Office of Inspector General for showing a “remarkable lack of judgment” over the affair. (Mazzetti 12/8/2007) CIA officer Gary Berntsen, who served under Rodriguez as a station chief in an unnamed South American country, will be critical of him in a 2005 book. When Berntsen, an officer with a wealth of counterterrorism experience, took up his position in South America following the bombing of the USS Cole in October 2000, Rodriguez greeted him “by saying that he had heard about my successful record of conducting counterterrorism operations, but that would not, repeat not, be my primary mission as a Chief of Station in South America. He stated categorically that he wanted me to conduct normal foreign intelligence collection against traditional targets and no, repeat no, counterterrorism. I was stunned. Had this man been living in a cave the last two years?” Berntsen was also surprised when, after 9/11, he received a message from CIA headquarters asking for volunteers to fight terrorism, and then a message from Rodriguez ordering all Latin American station chiefs not to volunteer. Berntsen will comment: “I didn’t understand… he was ordering me and other highly skilled officers in Latin America not to step forward? Had this guy taken leave of his senses? In a time of national tragedy was he still thinking of how to protect his Division?” (Berntsen and Pezzullo 2005, pp. 69, 71) Rodriguez’s identity is supposedly secret until the summer of 2007, shortly before he retires from the agency. (Associated Press 8/8/2007) Rodriguez will be put in charge of the Directorate of Operations in 2004, but will become involved in a scandal over the destruction of videotapes of detainee interrogations (see November 2005 and December 6, 2007). (Mazzetti 12/8/2007)

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)

The CIA believes that recently captured al-Qaeda operative Abu Zubaida (see March 28, 2002) is withholding “imminent threat information” from his US interrogators. To that end, the CIA sends attorneys from its Office of General Counsel to meet with Attorney General John Ashcroft, National Security Adviser Condoleezza Rice, Rice’s deputy Stephen Hadley, White House counsel Alberto Gonzales, and other senior White House aides to discuss what the Senate Intelligence Committee will later term “the possible use of alternative interrogation methods that differed from the traditional methods used by the US military and intelligence community” (see April 2002). The CIA proposes several “alternative” methods that equate to torture, including waterboarding, for Zubaida. After the meeting, the CIA asks the Justice Department’s Office of Legal Counsel (OLC) to prepare an opinion about the legality of the proposed interrogation methods. The CIA provides the OLC with, in the committee’s words, “written and oral descriptions of the proposed techniques.” The CIA also provides the OLC with information about the medical and psychological effects of the military’s Survival, Evasion, Resistance, and Escape (SERE) training, which trains soldiers how to counter and resist torture and harsh interrogation techniques (see December 2001). (Senate Intelligence Committee 4/22/2009 pdf file; BBC 4/23/2009) Meanwhile, the CIA will send Zubaida to Thailand for torture (see March 2002 and April - June 2002).

The Foreign Intelligence Surveillance Court (FISC) turns down the Justice Department’s bid for sweeping new powers to monitor and wiretap US citizens. FISC judges rule that the government has misused the law and misled the court dozens of times. The court finds that Justice Department and FBI officials supplied false or misleading information to the court in over 75 applications for search warrants and wiretaps, including one signed by then-FBI director Louis Freeh. While the court does not find that the misrepresentations were deliberate, it does rule that not only were erroneous statements made, but important information was omitted from some FISA applications. The judges found so many inaccuracies and errors in FBI agent Michael Resnick’s affidavits that they bar him from ever appearing before the court again. The court cites “the troubling number of inaccurate FBI affidavits in so many FISA applications,” and says, “In virtually every instance, the government’s misstatements and omissions in FISA applications and violations of the Court’s orders involved information sharing and unauthorized disseminations to criminal investigators and prosecutors.” The court is also unhappy with the Justice Department’s failure to answer for these errors and omissions, writing, “How these misrepresentations occurred remains unexplained to the court.” The court finds that in light of such impropriety, the new procedures proposed by Attorney General John Ashcroft in March would give prosecutors too much control over counterintelligence investigations, and would allow the government to misuse intelligence information for criminal cases. The ruling is a severe blow to Ashcroft’s attempts since the 9/11 attacks to allow investigators working in terrorism and espionage to share more information with criminal investigators. (These limitations were put in place after the Church Commission’s findings of massive fraud and misuse of domestic surveillance programs during the 1950s, 60s, and 70s. See April, 1976, January 29, 1976, and December 21, 1974). The Justice Department says of the decision, “We believe the court’s action unnecessarily narrowed the Patriot Act and limited our ability to fully utilize the authority Congress gave us.” Interestingly, the Justice Department also opposed the public release of FISC’s decision not to grant the requested powers. Stewart Baker, former general counsel of the NSA, calls the opinion “a public rebuke. The message is you need better quality control. The judges want to ensure they have information they can rely on implicitly.” Bush officials have complained since the 9/11 attacks that FISA requirements hamper the ability of law enforcement and intelligence agents to track terrorist suspects, including alleged hijacking conspirator Zacarias Moussaoui (see August 16, 2001). Those requirements mandate that agents must show probable cause that the subject of a search or wiretap is an agent of a foreign government or terrorist group, and, because FISA standards for obtaining warrants is far lower than for ordinary criminal warrants, mandate strict limits on the distribution of information secured from such investigations. The FBI searched Moussaoui’s laptop computer and other belongings without a FISA warrant because some officials did not believe they could adequately show the court that Moussaoui had any connections to a foreign government or terrorist group. In its ruling, FISC suggests that if the Justice Department finds FISA too restrictive, they should ask Congress to update the law. Many senators on the Judiciary Committee say they are willing to enact such reforms, but have complained of resistance from Ashcroft and a lack of cooperation from the Bush administration. (Eggen and Schmidt 8/23/2002) In November 2002, the Foreign Intelligence Surveillance Court of Review will overturn the FISC decision and give the Justice Department what it asked for (see November 18, 2002).

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.” (Danner 3/15/2009)

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; Risen 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. (Risen 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. (Risen 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)).

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.” (Bush 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).

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).

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)

Jose Padilla.
Jose Padilla. [Source: Florida Department of Motor Vehicles]Attorney General John Ashcroft announces the arrest of Abdullah al-Mujahir, a.k.a. Jose Padilla. He claims that Padilla was part of an al-Qaeda plot to detonate a radioactive “dirty bomb” in a US city, and supposedly Padilla was scouting bomb targets when arrested. Padilla, a US citizen, is being held as an “enemy combatant,” allowing him to be held indefinitely. (Borger 6/11/2002; PBS 6/11/2002) But almost immediately, doubts grow about this story. The London Times says that it is “beyond dispute” that the timing of the announcement of his arrest was “politically inspired.” Padilla was actually arrested a month earlier, on May 8. (Maddox 6/13/2002) It is widely believed that Ashcroft made the arrest announcement “only to divert attention from Intelligence Committee inquiries into the FBI and CIA handling of 9/11.” (Ridgeway 6/12/2002; Sengupta and Buncombe 6/12/2002; van Wel 6/13/2002; Pincus 6/13/2003) Four days earlier, Coleen Rowley testified before Congress. The FBI whistleblower stated her belief that the attacks of Sept. 11 could have been prevented had the FBI flight-school warnings been made available to the agents investigating Zacharias Moussaoui. (Dreyfuss 9/21/2006 pdf file) Bush soon privately chastises Ashcroft for overstating claims about Padilla. (Burkeman 8/15/2002) The government attorneys apparently could not get an indictment out of a New York grand jury and, rather than let him go, made Padilla an enemy combatant. (Ridgeway 6/12/2002) It later comes out that the FBI found no evidence that he was preparing a dirty bomb attack and little evidence to suggest he had any support from al-Qaeda, or any ties to al-Qaeda cells in the US. Yet the Justice Department maintains that its view of Padilla “remains unchanged,” and that he is a “serious and continuing threat.” (Burkeman 8/15/2002) Because Padilla is a US citizen, he cannot be tried in a military court. So apparently he will simply be held indefinitely. It is pointed out that any American could be declared an enemy combatant and never tried or have that status questioned. (Epstein 6/11/2002; Washington Post 6/11/2002) The Washington Post says, “If that’s the case, nobody’s constitutional rights are safe.” (Washington Post 6/11/2002) Despite the evidence that Padilla’s case is grossly overstated, the government won’t allow him access to a lawyer (see December 4, 2002; March 11, 2003).

Donna R. Newman, attorney for “enemy combatant” Jose Padilla (see June 10, 2002), files a habeas corpus petition in the District Court for the Southern District of New York. Newman informs the court that she has been told by the government that she is not permitted to visit Padilla or to speak with him. She may write, but he might not receive the correspondence, she says. (Jose Padilla v. George W. Bush et al. 12/4/2002 pdf file)

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.” (Meyer 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).

Jose Padilla (see June 10, 2002)‘s public prosecutors file a document with the District Court for the Southern District in Lower Manhattan, which says Padilla had been declared an “enemy combatant” on grounds that “Citizens who associate themselves with the enemy and with its aid, guidance, and direction, enter this country bent on hostile acts, are enemy belligerents.” (CNN 6/27/2002)

The FBI takes over interrogations of Saudi Guantanamo detainee Mohamed al-Khatani. He had been captured and taken into US custody months before (see December 2001) but his real identity was only recently discovered. In the months before, military intelligence, using harsh tactics, was unsuccessful in gaining information from him, but the FBI allegedly uses subtle persuasion with an experienced interrogator and succeeds. Khatani discloses:
bullet He is an al-Qaeda member and received terrorist training at two al-Qaeda camps.
bullet He attended an al-Qaeda summit in Malaysia attended by two 9/11 hijackers (see January 5-8, 2000).
bullet He attempted unsuccessfully to be one of the hijackers himself, failing to enter the US in August 2001 (see August 4, 2001).
bullet He had been sent to the US by 9/11 mastermind Khalid Shaikh Mohammed.
bullet He had met bin Laden on several occasions and had been in contact with many other senior al-Qaeda leaders.
bullet He is related to Ali Saleh Kahlah al-Marri, an apparent al-Qaeda sleeper agent already arrested in the US (see September 10, 2001).
bullet He informs on about thirty other prisoners being held at Guantanamo.
But he is also believed to have little knowledge of other al-Qaeda plots. (Golden and van Natal 6/21/2004; Zagorin 3/3/2006) He will later recant his confession (see October 26, 2006).

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; Shazed 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. (Bergen and Tiedemann 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.

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).

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).

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). (Rose 3/8/2009)

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)

Military interrogators at Guantanamo begin inquiring about the lengths to which they can go to question suspected terrorists. They are particularly interested in Mohamed al-Khatani, a Saudi captured in the Afghan-Pakistan border region in December 2001 (see December 2001). When they learn that al-Khatani was denied entry to the US in 2001 (see August 4, 2001), they decide he may be the so-called “20th hijacker” for the 9/11 attacks, especially after the FBI cajoles him into confessing to being an al-Qaeda operative (see July 2002). But al-Khatani will not, or cannot, divulge information about upcoming terror attacks, and interrogators want to increase the pressure on him (see August 8, 2002-January 15, 2003). They also wonder if, since they have found one apparently high-level al-Qaeda operative among the crowd of low-level prisoners shipped from Afghanistan, there might be others lurking in the group and pretending to be ordinary peasants. (Savage 2007, pp. 177-178)

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.” (Mayer 2/27/2006; Sands 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.” (Sands 5/2008)

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. (Drogin 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).

The NSA’s enormous data mining program, Novel Intelligence from Massive Data (NIMD—see After September 11, 2001), closely resembles another data mining program, the Defense Department’s Total Information Awareness program (see March 2002). TIA, which will be suspended in 2003 after outcries from citizens and legal experts concerned over that program’s refusal to comply with fundamental Constitutional guarantees of privacy, was also designed as an early-warning system that not only compiled intelligence data, but mined through private financial databases for credit-card and other financial transactions. Six of the corporations and research institutions who win NIMD contracts also held contracts for the earlier TIA project. Much of their work with TIA duplicated the same aspects and protocols to be used by NIMD, including challenging analytic assumptions and building prototype data-mining devices. Both TIA and NIMD attempt to second-guess human analysts’ conclusions over a particular data schema by creating a database of what TIA creator John Poindexter once called “plausible futures,” or likely terrorism scenarios. NIMD is a creation of the Advanced Research and Development Activity agency (ARDA); another ARDA project, the Advanced Capabilities for Intelligence Analysis (ACIA) also envisions a similar database (see 2005). Though TIA focused more on counterterrorism than the more sweeping NIMD, the two projects coordinated closely with one another, according to former program manager Tom Armour, who worked in Poindexter’s office.
NIMD Survives In Other Agencies - Congress will eliminate funding for TIA and other Poindexter projects, but many of those projects, and related projects such as NIMD, do not disappear. Many are instead transferred to intelligence agencies such as the NSA. Although information about these projects is strictly classified, a former Army intelligence analyst familiar with the programs will confirm in 2006 that large elements of TIA were transferred to other agencies, where they will continue to be researched and implemented. It is highly likely that NIMD is an offshoot and outgrowth of TIA. Armour will say the two programs are specifically designed to analyze large amounts of phone and e-mail traffic: “That’s, in fact, what the interest is.” (Harris 1/20/2006)
Government 'Shell Game' - Steven Aftergood of the Federation of American Scientists says in 2004, “The whole congressional action looks like a shell game. There may be enough of a difference for them to claim TIA was terminated while for all practical purposes the identical work is continuing.” (Associated Press 2/23/2004) Aftergood will note that NIMD has thrived in the shadows where TIA died of exposure: “Pursued with a minimal public profile and lacking a polarizing figure like Admiral Poindexter to galvanize opposition, NIMD has proceeded quietly even as TIA imploded.” (Lowe 9/26/2003)

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. (Risen and Filkins 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. (Risen and Filkins 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.

In a speech to the United Nations General Assembly, President Bush says: “Right now, Iraq is expanding and improving facilities that were used for the production of biological weapons.… Iraq has made several attempts to buy high-strength aluminum tubes used to enrich uranium for a nuclear weapon.” (PBS 9/12/2002; US President 9/16/2002; Wilkinson 6/7/2003) Bush also says that the US “will work with the UN Security Council.” (US President 9/16/2002; Burrough et al. 5/2004, pp. 285) Deputy press secretary Scott McClellan will later describe the speech somewhat differently: “The UN speech… had been an ultimatum—either the UN acts to disarm Saddam Hussein or the United States will. The zero tolerance message was a further sign of how determined the president was to topple the regime by force. Saddam was never going to come completely clean. His power was grounded in brutality and in his ability to portray the regime as stronger than it was to intimidate the populace and potential enemies like Iran. The zero tolerance policy and the new ‘last chance’ resolution gave Bush plenty of room to maneuver and plausible justifications for his policy of regime change.” (McClellan 2008, pp. 142)

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. (Sands 5/2008)

Maher Arar.Maher Arar. [Source: Chris Wattie / Reuters]On his way home to Montreal, Maher Arar, a 34-year old IT specialist, makes a stopover at JFK International Airport in New York. He is returning alone from a family holiday with his wife and daughter in Tunisia. At the airport, Arar, who was born in Syria and has dual Syrian and Canadian citizenship, is arrested by officers wearing badges from the FBI and the New York Police Department. Arar happens to be on a terrorist watch list. A US official later says Arar has the names of “a large number of known al-Qaeda operatives, affiliates or associates” on him. (Priest 11/19/2003) Canadian Solicitor General Wayne Easter later admits that Canada contributed information that led to Arar’s arrest. (Priest 11/20/2003) In an interrogation room Arar asks for an attorney, but, as he later publishes on his website, is told he has no right to a lawyer because he is not an American citizen. Subsequent requests for a lawyer are ignored and the interrogation continues until midnight. His interrogators are particularly interested in another Canadian by the name of Abdullah Almalki. Arar says he has worked together with his brother, Nazih Almalki, but knows Abdullah only casually. Then, with his hands and feet in shackles, he is taken to a nearby building and put in a cell around 1 a.m. “I could not sleep,” Arar later writes. “I was very, very scared and disoriented.” (Amnesty International 8/19/2003; Arar 11/6/2003; CBS News 1/22/2004; Priest and Stephens 5/11/2004; CBC News 11/26/2004; Maher Arar 1/15/2005)

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. (Tyler 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). (Kaplan et al. 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).

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.” (Levin 4/21/2009)

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)

A suspect in the 1995 Bojinka plot is arrested in the Philippines but is soon deported. Mohammed Amin al-Ghafari is believed to have played a key role in financing the Bojinka plot (see June 1994). After the Bojinka plot was foiled, he stayed in the Philppines and effectively took over a charity that is believed to have helped fund the plot (see 1995 and After). He is widely believed to be the successor to the local operations of Mohammed Jamal Khalifa, bin Laden’s brother-in-law. The Philippine military arrested al-Ghafari after concluding he was a mastermind in an October 2, 2002 bombing that killed one US soldier and three civilians in the southern city of Zamboanga. (Manila Times 10/9/2002; Manila Standard Today 10/19/2002) Another mastermind of the bombing, Abu Sayyaf leader Abdulmukim Edris, will later be alleged to be a government mole (see October 2-November 12, 2002). One intelligence official says al-Ghafari had been “placed under surveillance after we established that he was in constant contact with members of Jemaah Islamiyah, mostly Indonesians, in the country, Abu Sayyaf bandits, and the Moro Islamic Liberation Front (MILF).” (Vanzi 10/9/2002) He is also accused of heading another group that funded two new al-Qaeda training camps in the Philippines. (Gulf News 10/11/2002) Further, al-Ghafari’s brother belongs to the banned Palestinian militant group Hamas, and a foundation he controls was used as a gathering place for suspected Hamas sympathizers. The Manila Times will report that while some Philippine investigators had been interested in apprehending him for years, others in the government had protected him. For instance, Rex Piad, the Deputy Director-General of the national police, confirmed he helped al-Ghafari get two clearances that allowed him to stay in the country. Furthermore, Piad and retired generals Eduardo Cuadra and Percival Adiong “are directors of the Islamic Wisdom Worldwide Mission (IWWM), a foundation headed by al-Ghafari and a suspected conduit of funds for terrorist operations.” (Manila Times 10/9/2002) In 1999, it was reported that bin Laden was funding Muslim militants through the IWWM and other charities, but these charities stayed open (see February 15, 1999). It is reported that al-Ghafari had long been in contact with Philippine intelligence agents, who tried to recruit him as a spy, supposedly unsuccessfully. He was going to meet with agents the night he was arrested. (Dacanay 10/11/2002) On November 8, al-Ghafari is deported to Jordan. (Manila Standard Today 11/9/2002) The Zamboanga bombing will be blamed on Abu Sayyaf, a group that has often been accused of colluding with the Philippine government. (Solmerin 4/26/2006)

Saxby Chambliss celebrates his victory over Max Cleland.Saxby Chambliss celebrates his victory over Max Cleland. [Source: USA Today]Incumbent Senator Max Cleland (D-GA) angrily defends himself against a television ad that implies he lacks patriotism. Cleland is a triple amputee, having lost both legs and an arm in a grenade explosion in Vietnam. The television ad is sponsored by the campaign of Saxby Chambliss, a House Republican who did not himself serve in Vietnam. The Chambliss ad puts pictures of Osama bin Laden and Saddam Hussein next to Cleland’s, and accuses Cleland of being soft on homeland security. Cleland favors the creation of a Department of Homeland Security (see November 25, 2002), but will not vote for a bill creating such an entity without an amendment guaranteeing labor rights for federal workers. Cleland has also advocated a more deliberate approach to dealing with Hussein instead of joining the push to invade Iraq, and favors the resumption of open UN inspections. “To put my picture up there with Saddam Hussein and Osama bin Laden and insinuate I’m not fighting hard enough for national security, I just find that this is an incredible low in Georgia politics,” Cleland says. Chambliss retorts, “Georgians deserve to know—all Americans deserve to know—why Max Cleland is more concerned with protecting federal bureaucracy, rules and regulations than creating a department that can respond effectively to future threats of terrorism.” (McMurray 10/11/2002; Unger 2007, pp. 256) Zell Miller (D-GA), Cleland’s fellow Georgian senator, defends Cleland, calling the ad “disgraceful.… [Chambliss] should be ashamed.” Cleland campaign consultant Karl Struble calls the Chambliss ad campaign “some of the ugliest stuff I’ve ever seen.” Nevertheless, the ad is apparently effective; Chambliss makes up a relatively large deficit to defeat Cleland in the November elections. (PBS 11/6/2002) In 2007, author Craig Unger will write that few voters in Georgia “realized [Cleland’s] views were similar to those held by the president’s father.” (Unger 2007, pp. 256)

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. (Bonner 10/13/2002; Mydans 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). (Simpson 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. (Perlez 9/19/2003; Perlez 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).

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.” (Bush 10/14/2002)

A CIA officer who served with Alec Station, the CIA’s bin Laden unit, before 9/11 is interviewed by CIA Director George Tenet about a failure to pass on information to the FBI about one of the 9/11 hijackers, Khalid Almihdhar. Although information about Almihdhar’s US visa was not passed to the FBI, the officer, Michael Anne Casey, drafted a cable falsely stating that it had been passed (see Around 7:00 p.m. January 5, 2000). According to Tenet’s testimony to the 9/11 Congressional Inquiry (see October 17, 2002), Casey “believes she never would have written this cable unless she believes this had happened.” Tenet will be impressed with Casey, calling her a “terrific officer” at an open hearing of the inquiry. (New York Times 10/17/2002) However, it was Casey herself who blocked the cable, on the orders of her boss, Tom Wilshire (see 9:30 a.m. - 4:00 p.m. January 5, 2000). In addition, the day after she sent the cable falsely stating the information had been passed, she again insisted that the information not be provided to the FBI (see January 6, 2000). Casey will later repeat the same lie to the Justice Department’s inspector general (see February 2004).

In sworn testimony to the 9/11 Congressional Inquiry, CIA Director George Tenet repeatedly claims that a March 2000 cable sent to CIA headquarters reporting that hijacker Nawaf Alhazmi had entered the US was not read by anybody. He says, “I know that nobody read that cable,” “Nobody read that cable in the March timeframe,” and “[N]obody read that information only cable.” (New York Times 10/17/2002) Former Counterterrorist Center Director Cofer Black will also claim that the cable was not read. (US Congress 7/24/2003, pp. 51 pdf file) However, a later investigation by the CIA Office of Inspector General will find that numerous CIA officers had actually read the cable shortly after it was sent (see March 6, 2000 and After). Nevertheless, the 9/11 Commission will later assert that, “No-one outside the Counterterrorist Center was told any of this” (about Alhazmi’s arrival in the US) and neglect to mention that Tenet had previously misstated the CIA’s knowledge of the hijackers. Neither will the 9/11 Commission investigate the cause of the CIA’s apparent inaction. (9/11 Commission 7/24/2004, pp. 181)

At the request of FBI Director Robert Mueller, Attorney General John Ashcroft files a declaration invoking the “state secrets” privilege (see March 9, 1953) to block FBI translator Sibel Edmonds’ lawsuit against the government from being heard in court. (Sheehy 1/22/2004) The Justice Department insists that disclosing her evidence, even at a closed hearing in court, “could reasonably be expected to cause serious damage to the foreign policy and national security of the United States.” The “state secrets privilege,” derived from English common law, has never been the subject of any congressional vote or statute. Normally, the privilege is used to block the discovery of a specific piece of evidence that could put the nation’s security at risk. But Ashcroft’s declaration asserts that the very subject of her lawsuit constitutes a state secret, thus barring her from even presenting her case in court. The text of Ashcroft’s declaration is classified. (Rose 9/2005) The Justice Department’s Director of Public Affairs, Barbara Comstock, says in a press release: “To prevent disclosure of certain classified and sensitive national security information, Attorney General Ashcroft today asserted the state secrets privilege.… The state secrets privilege is well established in federal law… and allows the Executive Branch to safeguard vital information regarding the nation’s security or diplomatic relations. In the past, this privilege has been applied many times to protect our nation’s secrets from disclosure, and to require dismissal of cases when other litigation mechanisms would be inadequate. It is an absolute privilege that renders the information unavailable in litigation.” (US Department of Justice 10/18/2002; Siegel 2008, pp. 201)

As part of the orchestrated media blitz to make the case for war with Iraq (see October 10, 2001, November 6-8, 2001, Late 2001 and After, and Early 2002 and Beyond), former Nixon speechwriter William Safire writes in the New York Times, “It is absurd to claim… that Iraq is not an active collaborator with, harborer of, and source of sophisticated training and unconventional weaponry for bin Laden’s world terror network.” (Unger 2007, pp. 228)

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)

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. (Pincus 11/4/2002; Lumpkin 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). (Powell and Priest 11/9/2002; Thomas and Hosenball 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. (Hersh 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. (Thomas and Hosenball 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.” (Hersh 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). (Thomas and Hosenball 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).

Carol Lam.Carol Lam. [Source: Common Dreams (,org)]Carol Lam is sworn in as the US Attorney for the Southern District of California. (Thomas 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)


The original logo for the Total Information Awareness program. An eye from a Masonic pyramid appears to cast a beam over the world, with Muslim regions highlighted. [<a href=“http://www.sfgate.com/cgi-bin/article.cgi?file=/chronicle/archive/2002/11/20/MN218568.DTL” target=_new>San Francisco Chronicle, 11/20/02</a>, <a href=“http://www.guardian.co.uk/Print/0,3858,4552953,00.html” target=_new>Guardian, 11/23/02</a>] The motto, Scientia Est Potentia, means “knowledge is power.” The logo is later removed from the department’s website. [<a href=“http://www.sunspot.net/news/nationworld/bal-spy1503,0,4325331.story?coll=bal-home-headlines” target=_new>Baltimore Sun, 1/5/03</a>]
The original logo for the Total Information Awareness program. An eye from a Masonic pyramid appears to cast a beam over the world, with Muslim regions highlighted. [San Francisco Chronicle, 11/20/02, Guardian, 11/23/02] The motto, Scientia Est Potentia, means “knowledge is power.” The logo is later removed from the department’s website. [Baltimore Sun, 1/5/03] [Source: DARPA]The New York Times exposes the existence of John Poindexter’s Total Information Awareness data collection program, begun in early 2002 (see Mid-January 2002; March 2002). (Markoff 11/9/2002) Conservative columnist William Safire writes, “If the Homeland Security Act is not amended before passage, here is what will happen to you: Every purchase you make with a credit card, every magazine subscription you buy and medical prescription you fill, every Web site you visit and e-mail you send or receive, every academic grade you receive, every bank deposit you make, every trip you book and every event you attend—all these transactions and communications will go into what the Defense Department describes as ‘a virtual, centralized grand database.’ To this computerized dossier on your private life from commercial sources, add every piece of information that government has about you—passport application, driver’s license and bridge toll records, judicial and divorce records, complaints from nosy neighbors to the FBI, your lifetime paper trail plus the latest hidden camera surveillance—and you have the supersnoop’s dream: a ‘Total Information Awareness’ about every US citizen.” (Safire 11/14/2002) Poindexter says it will take years to realize his vision, but his office has already begun providing some technology to government agencies. (O'Harrow 11/12/2002) The existence of this program, and the fact that Poindexter is running it, causes concern for many on both the left and right. (Shapiro 1/16/2003) It is regularly called Orwellian, conjuring visions of 1984’s Big Brother, and even supporters admit it sounds Orwellian. (Getz 11/15/2002; Turley 11/17/2002; Goldenberg 11/23/2002; Newsday 12/1/2002; Hertzberg 12/9/2002; Webb 12/12/2002; Mittelstadt 12/16/2002; Baer 1/5/2003) The New York Times suggests, “Congress should shut down the program pending a thorough investigation.” (New York Times 11/18/2002) Experts question not only its civil liberties implications, but also if it is even feasible. If it does work, would its database be swapped with errors that could not be removed? (see March 2002) (Puzzanghera 12/26/2002) However, many newspapers fail to report on the program at all, and ABC is the only network to report the story on prime time television. (ABC News 11/16/2002; ABC News 11/25/2002) Despite so many objections, the program is included in the Homeland Security bill (see November 25, 2002), and only later somewhat curbed by Congress (see January 23, 2003).

Following six attacks by different radical Islamic groups in Tunisia (see April 11, 2002), Pakistan, Yemen (see October 6, 2002), Kuwait, Bali (see October 12, 2002), and Moscow, a new audio message is released by a man said by some to be Osama bin Laden, although the identity of the speaker will be disputed (see November 29, 2002). The voice on the tape outlines a principle he says he and his allies are using: reciprocity. He comments: “If it pains you to see your victims and your allies’ victims in Tunisia, Karachi, Failaka, and Oman, then remember that our children are murdered daily in Palestine and Iraq… If it pains you to see your victims in Moscow, then remember ours in Chechnya. How long will fear, killing, destruction, displacement, orphaning, and widowing be our sole destiny, while security, stability, and happiness is yours? This is injustice. The time has come to settle accounts. Just as you kill, so you shall be killed; just as you bomb, so you shall be bombed. And there will be more to come.” (Laden 2005, pp. 173-5)

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). (Hess 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. (Eggen and Pincus 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). (Hosenball 6/28/2008)

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). (Priest 3/3/2005; Ross and Esposito 11/18/2005; Goldman and Gannon 3/28/2010) He had originally been arrested in Pakistan, and then brought to Afghanistan. (Johnson, Markon, and Tate 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. (Priest 3/3/2005; Ross and Esposito 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. (Priest 3/3/2005; Ross and Esposito 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. (Johnson, Markon, and Tate 9/19/2009; Horton 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. (Priest 3/3/2005; Ross and Esposito 11/18/2005)

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). (Goldman and Gannon 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.

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. (Goldman and Gannon 3/28/2010)

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.” (Sands 5/2008)

This Homeland Security department logo of an eye peeking
through a keyhole was copyrighted but apparently not used.
This Homeland Security department logo of an eye peeking through a keyhole was copyrighted but apparently not used. [Source: Public domain]President Bush signs legislation creating the Department of Homeland Security. Homeland Security Director Tom Ridge is promoted to secretary of homeland security. The department will consolidate nearly 170,000 workers from 22 agencies, including the Coast Guard, the Secret Service, the federal security guards in airports, and the Customs Service. (Stevenson 11/26/2002; Kemper 11/26/2002) However, the FBI and CIA, the two most prominent anti-terrorism agencies, will not be part of it. (Gall 11/20/2002) The department wants to be active by March 1, 2003, but “it’s going to take years to integrate all these different entities into an efficient and effective organization.” (Gall 11/20/2002; Kemper 11/26/2002) Some 9/11 victims’ relatives are angry over sections inserted into the legislation at the last minute. Airport screening companies will be protected from lawsuits filed by family members of 9/11 victims. Kristen Breitweiser, whose husband died in the World Trade Center, says: “We were down there lobbying last week and trying to make the case that this will hurt us, but they did it anyway. It’s just a slap in the face to the victims.” (Firestone 11/26/2002) The legislation creating the new department contains sweeping new powers for the executive branch that go largely unremarked on by the media. The White House and the departments under its control can now withhold from the public vast amounts of information about “critical infrastructure,” such as emergency plans for major industrial sites, and makes the release of such information a criminal offense. The explanation is that keeping this information out of terrorist hands will prevent them from creating a “road map” for planning attacks; what is much less discussed is how little the public can now know about risky practices at industrial sites in their communities. (Savage 2007, pp. 110)

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?” (Sands 5/2008)

An aerial view of the AT&T Easylink Service building in Bridgeton, Missouri, where the NSA allegedly has secret facilities.An aerial view of the AT&T Easylink Service building in Bridgeton, Missouri, where the NSA allegedly has secret facilities. [Source: USGS via Microsoft]On behalf of the National Security Agency (NSA), AT&T constructs a secret, highly secured room in its network operations center in Bridgeton, Missouri, used to conduct secret government wiretapping operations. This is a larger and more elaborate “data mining” center than the one AT&T has constructed in San Francisco (see January 2003). Salon’s Kim Zetter will later write that the Bridgeton facility “had the earmarks of a National Security Agency operation,” including a sophisticated “mantrap” entrance using retinal and fingerprint scanners. Sometime in early 2003, AT&T technician Mark Klein (see July 7, 2009) discusses the Bridgeton facility with a senior AT&T manager, whom he will only identify as “Morgan.” The manager tells Klein that he considers the Bridgeton facility “creepy,” very secretive and with access restricted to only a few personnel. Morgan tells Klein that the secure room at Bridgeton features a logo on the door, which Klein will describe as “the eye-on-the-pyramid logo which is on the back of the dollar bill—and that got my attention because I knew that was for awhile the logo of the Total Awareness Program” (TIA-see Mid-January 2002, March 2002 and November 9, 2002). Klein notes that the logo “became such a laughingstock that they [the US government] withdrew it.” However, neither Klein nor Morgan find the NSA secure room at Bridgeton amusing. In June 2006, two AT&T workers will tell Zetter that the 100 or so employees who work in the room are “monitoring network traffic” for “a government agency,” later determined to be the NSA. Only government officials or AT&T employees with top-secret security clearance are admitted to the room, which is secured with a biometric “mantrap” or highly sophisticated double door, secured with retinal and fingerprint scanners. The few AT&T employees allowed into the room have undergone exhaustive security clearance procedures. “It was very hush-hush,” one of the AT&T workers will recall. “We were told there was going to be some government personnel working in that room. We were told: ‘Do not try to speak to them. Do not hamper their work. Do not impede anything that they’re doing.’” (Neither of Zetter’s sources is Klein, who by the time Zetter’s article is published in 2006, will have made his concerns about the NSA and AT&T public.) The Bridgeton facility is the central “command center” for AT&T’s management of all routers and circuits carrying domestic and international Internet traffic. Hence, it is the ideal location for conducting surveillance or collecting data. AT&T controls about a third of all bandwidth carrying Internet traffic to and from homes and businesses throughout the US. The two employees, who both will leave AT&T to work with other telecommunications firms, will say they cannot be sure what kinds of activities actually take place within the secret room. The allegations follow those made by Klein, who after his retirement (see May 2004) will submit an affidavit stating his knowledge of other, similar facilities in San Francisco and other West Coast switching centers, whose construction and operations were overseen by the NSA (see January 16, 2004 and January 2003); the two AT&T employees say that the orders for the San Francisco facility came from Bridgeton. NSA expert Matthew Aid will say of the Bridgeton facility, “I’m not a betting man, but if I had to plunk $100 down, I’d say it’s safe that it’s NSA.” Aid will say the Bridgeton facility is most likely part of “what is obviously a much larger operation, or series of interrelated operations” combining foreign intelligence gathering with domestic eavesdropping and data collection. Former high-level NSA intelligence officer Russell Tice will say bluntly: “You’re talking about a backbone for computer communications, and that’s NSA.… Whatever is happening there with the security you’re talking about is a whole lot more closely held than what’s going on with the Klein case.” The kind of vetting that the Bridgeton AT&T employees underwent points to the NSA, both Aid and Tice will say; one of the two AT&T employees who will reveal the existence of the Bridgeton facility will add, “Although they work for AT&T, they’re actually doing a job for the government.” Aid will add that, while it is possible that the Bridgeton facility is actually a center for legal FBI operations, it is unlikely due to the stringent security safeguards in place: “The FBI, which is probably the least technical agency in the US government, doesn’t use mantraps. But virtually every area of the NSA’s buildings that contain sensitive operations require you to go through a mantrap with retinal and fingerprint scanners. All of the sensitive offices in NSA buildings have them.” The American Civil Liberties Union’s Jameel Jaffer will add that when the FBI wants information from a telecom such as AT&T, it would merely show up at the firm with a warrant and have a wiretap placed. And both the NSA and FBI can legally, with warrants, tap into communications data using existing technological infrastructure, without the need for such sophisticated surveillance and data-mining facilities as the ones in Bridgeton and San Francisco. Both AT&T and the NSA will refuse to comment on the facilities in Bridgeton, citing national security concerns. (Zetter 6/21/2006; Klein 2009, pp. 28-30)

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. (Lindlaw 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. (Jehl 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)

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

FBI agents raid Ptech offices.FBI agents raid Ptech offices. [Source: ABC News]Federal agents search the offices of Ptech, Inc., a Boston computer software company, looking for evidence of links to Osama bin Laden. A senior Ptech official confirms that Yassin al-Qadi, one of 12 Saudi businessmen on a secret CIA list suspected of funneling millions of dollars to al-Qaeda, was an investor in the company, beginning in 1994. Ptech appears to have connections to other potential terrorist financiers (see 1994). In particular, there seem to be many ties between Ptech and BMI Inc., a New Jersey-based company whose list of investors has been called a “who’s who of designated terrorists and Islamic extremists” (see 1986-October 1999). (Hosenball 12/6/2002; WBZ 4 (Boston) 12/9/2002) A former FBI counterterrorism official states, “For someone like [al-Qadi] to be involved in a capacity, in an organization, a company that has access to classified information, that has access to government open or classified computer systems, would be of grave concern.” (WBZ 4 (Boston) 12/9/2002) On the day after the raid, US authorities will claim that Ptech’s software has been scrutinized and poses no danger. But security expert John Pike comments, “When you look at all of the different military security agencies that they have as customers, it’s very difficult to imagine how they would not be encountering sensitive information, classified information.” (National Public Radio 12/8/2002) The search into Ptech is part of Operation Greenquest, which has served 114 search warrants in the past 14 months involving suspected terrorist financing. Fifty arrests have been made and $27.4 million seized. (Hesseldahl 12/6/2002) However, the raid appears to have been largely for show. Ptech was notified by US officials in November that they were being investigated, and they were told in advance exactly when the raid would take place (see May-December 5, 2002). Top officials in the US government appear to have made up their minds before the results of the raid can even be examined. White House Press Secretary Ari Fleischer comments on the Ptech raid only hours after it ends: “The one thing I can share with you is that the products that were supplied by this company to the government all fell in the nonclassified area. None of it involved any classified products used by the government. The material has been reviewed by the appropriate government agencies, and they have detected absolutely nothing in their reports to the White House that would lead to any concern about any of the products purchased from this company.” (White House 12/6/2002) The fact that the raid takes place at all appears to be due to the persistence of Operation Greenquest investigators, who are engaged at this time in a bureaucratic battle with other investigators over who will control US government investigations into terrorist financing (see After March 20, 2002-Early 2003). Greenquest will lose this battle early in 2003 and get shut down (see May 13-June 30, 2003). In his 2003 book Black Ice, author Dan Verton will call Ptech an “innocent” casualty of Operation Greenquest’s “scorched-earth” tactics. (Verton 2003, pp. 223) No charges will be brought against Ptech, and the company will continue fulfilling sensitive government contracts under a new name (see May 14, 2004).

CIA interrogators use stress positions that will later be described as “potentially injurious” on detained al-Qaeda leader Abd al-Rahim al-Nashiri. Al-Nashiri is required to kneel on the floor and lean back, and on one occasion he does this a CIA officer reportedly pushes him backwards. On another occasion, an unnamed person has to intervene after somebody else expresses concern that al-Nashiri’s arms might be dislocated from his shoulders. At this time the interrogators are attempting to put al-Nashiri into a standing stress position; he is reportedly lifted off the floor by his arms while they are bound behind his back with a belt. (Central Intelligence Agency 5/7/2004, pp. 43 pdf file) The timing of these events is unknown, although other similar abuse of al-Nashiri takes place around December 2002 (see Late December 2002 or Early January 2003 and Between December 28, 2002 and January 1, 2003). At this time al-Nashiri is apparently being held at a CIA base in Poland. (Goldman 9/7/2010)

An Army memorandum released to the American Civil Liberties Union (ACLU) in 2006 (see January 12, 2006) will refer to the “SERE INTERROGATION SOP” (standard operating procedure) for Guantanamo. SERE refers to “Survival, Evasion, Resistance, and Escape,” a classified military program originally designed to teach US soldiers how to resist torture, and subsequently “reverse-engineered” for use in subjecting US prisoners to harsh interrogation and torture (see December 2001, January 2002 and After, and July 2002). The memo, which is heavily redacted, shows that torture techniques used in SERE training may have been authorized in a memo to military personnel at Guantanamo. (American Civil Liberties Union 1/12/2006)

Syafrie Syamsuddin.Syafrie Syamsuddin. [Source: Kuantanutama.com]The International Crisis Group (ICG), an international think tank, publishes a report that identifies a “curious link” between the al-Qaeda affiliate group Jemaah Islamiyah (JI) and the Indonesian military, the TNI. (International Crisis Group 12/11/2002) PBS Frontline will later say that Sidney Jones, the author of the report, “is widely considered to know more about terrorism in Indonesia than anyone.” (PBS Frontline 4/2007) The ICG says the connection is “strong enough to raise the question of how much the TNI knew about Jemaah Islamiah” before the October 2002 Bali bombings. The report outs Fauzi Hasbi, a long-time JI leader, as an Indonesian government mole. It says that Hasbi has maintained links with Major-General Syafrie Syamsuddin since the late 1970s. “Hasbi maintains regular communication with Major-General Syafrie Syamsuddin to this day and is known to be close to the National Intelligence Agency head Hendropriyono.” Furthermore, an army intelligence officer interviewed by ICG had Hasbi’s number programmed into his cell phone, and actually called Hasbi and spoke to him while in the presence of the ICG investigator. And remarkably, Hasbi himself has claimed that he has treated Hambali, a top JI and al-Qaeda leader believed to have masterminded the 2002 Bali bombings, like a son. Hasbi and Hambali lived next door to each other in a small Malaysian village until late 2000 (see April 1991-Late 2000). (International Crisis Group 12/11/2002; Munro 12/12/2002) Hasbi is killed in mysterious circumstances two months later (see 1979-February 22, 2003).

CIA employees who have been applying “enhanced interrogation techniques” to al-Qaeda leader Abd al-Rahim al-Nashiri decide that he is now “compliant.” The techniques, including waterboarding, have been used on al-Nashiri for around a month (see (November 2002)). At this point, the agency regards him to be ready to be “debriefed”—a CIA term for part of an interrogation conducted by a more knowledgeable officer who does not use the enhanced techniques, or not to such an extent. Following this decision, the Counterterrorist Center at CIA headquarters sends out a senior operations officer to question al-Nashiri. (Central Intelligence Agency 5/7/2004, pp. 36, 41 pdf file) This officer will later become known to the public as “Albert.” (Goldman 9/7/2010) Al-Nashiri is currently being held at CIA black site in Poland (see December 5, 2002).

A CIA official known as a “debriefer” who has come out to question al-Qaeda leader Abd al-Rahim al-Nashiri at a secret CIA black site in Poland says that al-Nashiri is withholding information during interrogations. (Central Intelligence Agency 5/7/2004, pp. 41 pdf file; Goldman 9/7/2010) Al-Nashiri had previously been tortured by the agency (see (November 2002)), but the torture stopped when interrogators decided he was “compliant” (see Mid-December 2002). However, due to the decision that al-Nashiri is withholding information, some of the agency’s harsh techniques, including hooding and shackling, are now reinstated. (Central Intelligence Agency 5/7/2004, pp. 41 pdf file) According to a former CIA official who will talk to the Associated Press in 2010, the conclusion reached by the debriefer, who will later become known to the public as “Albert,” is disputed. Based on this official’s account, the Associated Press will report that there are “heated arguments at CIA headquarters” over what to do with al-Nashiri, but that in the end the abuse starts again. (Goldman 9/7/2010)

David Brant, the head of the Naval Criminal Investigative Service (NCIS), learns of the horrific abuse of a Saudi detainee, Mohamed al-Khatani (sometimes spelled “al-Qahtani”—see February 11, 2008), currently detained at Guantanamo Bay. Al-Khatani is one of several terror suspects dubbed the “missing 20th hijacker”; according to the FBI, al-Khatani was supposed to be on board the hijacked aircraft that crashed in a Pennsylvania field on 9/11 (see (10:06 a.m.) September 11, 2001). Al-Khatani was apprehended in Afghanistan a few months after the terrorist attacks. He is one of the examples of prisoner abuse (see August 8, 2002-January 15, 2003) that Brant takes to Naval General Counsel Alberto Mora (see December 17-18, 2002). In 2006, Brant will say that he believes the Army’s interrogation of al-Khatani was unlawful. If any NCIS agent had engaged in such abuse, he will say, “we would have relieved, removed, and taken internal disciplinary action against the individual—let alone whether outside charges would have been brought.” Brant fears that such extreme methods will taint the cases to be brought against the detainees and undermine any efforts to prosecute them in military or civilian courts. Confessions elicited by such tactics are unreliable. And, Brant will say, “it just ain’t right.” (Mayer 2/27/2006)

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

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

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