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Torture, Rendition, and other Abuses against Captives in US Custody

General Topic Areas

Project: Prisoner Abuse in Iraq, Afghanistan and Elsewhere
Open-Content project managed by Derek, KJF, mtuck

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German Jesuit priest Friedrich von Spee, an opponent of the torture and trial of people accused of witchcraft, writes: “It is incredible what people say under the compulsion of torture, and how many lies they will tell about themselves and about others; in the end, whatever the torturers want to be true, is true.” [Vanity Fair, 12/16/2008; Catholic Encyclopedia, 2009]

Entity Tags: Friedrich von Spee

Category Tags: Statements/Writings about Torture

Woodcut depicting waterboarding included in J. Damhoudere’s ‘Praxis Rerum Criminalium,’ Antwerp, 1556.Woodcut depicting waterboarding included in J. Damhoudere’s ‘Praxis Rerum Criminalium,’ Antwerp, 1556. [Source: NPR]With the advent of the “Enlightenment,” many countries ban the practice of waterboarding, with at least one calling it “morally repugnant.” Waterboarding has been around since the 14th century, known variously as “water torture,” the “water cure,” or tormenta de toca, a phrase that refers to the thin piece of cloth placed over the victim’s mouth. Officials for the Spanish Inquisition were among those who waterboarded prisoners; the Inquisition, recognizing the potentially lethal effect of the practice, required a doctor to be present when a prisoner was waterboarded. Historian Henry Charles Lea, in his book A History of the Inquisition of Spain, will describe waterboarding as follows: “The patient strangled and gasped and suffocated and, at intervals, the toca was withdrawn and he was adjured to tell the truth. The severity of the infliction was measured by the number of jars [of water] consumed, sometimes reaching to six or eight.” Waterboarding actually refers to two separate interrogation techniques: one involving water being pumped directly into the stomach, and another that features the steady streaming of water into the throat. The first, according to author Darius Rejali, “creates intense pain. It feels like your organs are on fire.” The second will be the method later preferred by US interrogators, who will use it on suspected terrorists. This method is a form of “slow motion drowning” perfected by Dutch traders in the 17th century, when they used it against their British rivals in the East Indies. In 2007, reporter Eric Weiner will write: “[W]aterboarding has changed very little in the past 500 years. It still relies on the innate fear of drowning and suffocating to coerce confessions.” [National Public Radio, 11/3/2007]

Entity Tags: Darius Rejali, Spanish Inquisition, Henry Charles Lea, Eric Weiner

Category Tags: High-level Decisions and Actions, Waterboarding

1902: Future President Defends Waterboarding

Future president Theodore Roosevelt, writing about the use of waterboarding as an interrogation method during the Spanish-American War, defends the practice. “The enlisted men began to use the old Filipino method: the water cure” (see 1800 and After), he writes in a letter. “Nobody was seriously damaged.” During the war, a US soldier, Major Edwin Glenn, was suspended and fined by an Army court-martial for waterboarding a prisoner. The Army judge advocate wrote that the charges constituted a “resort to torture with a view to extort a confession.” He recommended disapproval because “the United States cannot afford to sanction the addition of torture.” [National Public Radio, 11/3/2007]

Entity Tags: US Department of the Army, Edwin Glenn, Theodore Roosevelt

Category Tags: Statements/Writings about Torture, Waterboarding

The German Reich Ministry of Justice issues a secret memo following a meeting of several Justice Ministry lawyers and public prosecutors with senior Gestapo officers. The participants discuss the fact that Germany has been on a war footing for years, and the leaders’ worry that the citizenry is riddled with sleeper cells of subversives. The solution: detaining and torturing subversives. It is unclear whether torture will be used to terrorize other subversives, to extract information, or produce confessions. German law enforcement officials are balky at applying “more rigorous interrogation” techniques. Though some judges seem unmoved by defendants appearing in court with obvious marks of torture upon their bodies, the law enforcement officers are bureaucrats in a system that has always respected the rule of law and the Hitler government was originally elected on a law-and-order platform. The memo is the product of the top officials in the Gestapo and Justice Ministry, and lays out detailed instructions as to when torture techniques can be applied, the specific equipment used in such interrogations, and how many times particular techniques could be used on certain categories of detainees. Perhaps most importantly, the memo promises immunity from prosecution to any German interrogator who follows the rules as laid down in the memo.
Specific Instructions - It reads in part: “At present, we thus have a situation which cannot continue: a deficient sense of what is right on the part of judicial officers; an undignified position for police officers, who try to help matters by foolish denials [that torture has taken place in court proceedings].… [I]nterrogations of this kind [torture] may be undertaken in cases where charges involve the immediate interests of the state.… chiefly treason and high treason. Representatives of the Gestapo expressed the opinion that a more rigorous interrogation could also be considered in cases of Jehovah’s Witnesses, explosives, and sabotage.… As a general principle, in more rigorous interrogations only blows with a club on the buttocks are permissible, up to 25 such blows. The number is to be determined in advance by the Gestapo.… Beginning with the tenth blow, a physician must be present. A standard club will be designated, to eliminate all irregularities.” Gestapo Headquarters in Berlin must give permission for more “rigorous interrogation[s],” the memo continues.
Drawing Parallels to Bush Administration Torture - The memo will be the subject of a 2009 article by Shayana Kadidal, the senior managing attorney of the Guantanamo project at the Center for Constitutional Rights. Kadidal will draw parallels between the Nazi torture authorization and similar legal justifications issued by the American government after the 9/11 attacks (see March 2, 2009 and April 21, 2009). Kadidal will write: “I realize that, as a matter of principle, there is a strong bias against making Nazi analogies to any events happening in our modern world.… But here we have: (1) a system set up to allow torture on certain specific individual detainees, (2) specifying standardized equipment for the torture (apparently down to the exact length of the club to be used), along with physician participation to ensure survival of the victim for the more several applications, (3) requiring prior approval of the use of torture from the central authorities in the justice department and intelligence agency in the capital, so as to ensure that (6) the local field officers actually carrying out the abuse are immune from prosecution.” [Huffington Post, 4/21/2009]

Entity Tags: Gestapo, Shayana Kadidal, German Reich Ministry of Justice

Category Tags: High-level Decisions and Actions, Legal Proceedings, Other Events, Statements/Writings about Torture

Sherwood F. Moran (right) interrogating a Japanese prisoner during the battle of Guadalcanal.Sherwood F. Moran (right) interrogating a Japanese prisoner during the battle of Guadalcanal. [Source: Associated Press]Marine interrogator Major Sherwood F. Moran writes an informal memo for use by other interrogators. Moran is a legendary figure among Marines, renowned for his ability to coax information from the most reluctant or resistant Japanese captive, even during the height of battle, and often using his knowledge of, and respect for, Japanese culture to his advantage. His memo will remain relatively unknown outside the Marine Corps until the summer of 2003, when it will be included in the archives of the Marine Corps Interrogator Translator Teams Association. The memo, titled “Suggestions for Japanese Interpreters Based on Work in the Field,” is remarkable for its insistence that treating prisoners with humanity and respect works far better than “harsh” interrogation methods. Author Ulrich Straus, an expert on Japanese POWs held in US captivity during World War II, will later write that Moran “was a particularly effective interrogator because he treated each prisoner as another human rather than as the enemy.” In 2005, after the Abu Ghraib scandals become media fodder, military historian Stephen Budiansky will write: “Six months before the abuses at Abu Ghraib prison broke into public view, a small and fairly obscure private association of United States Marine Corps members posted on its Web site a document on how to get enemy POWs to talk. The document described a situation very similar to the one the United States faces in the insurgencies in Iraq and Afghanistan: a fanatical and implacable enemy, intense pressure to achieve quick results, a brutal war in which the old rules no longer seem to apply.… Moran, the report’s author, noted that despite the complexities and difficulties of dealing with an enemy from such a hostile and alien culture, some American interrogators consistently managed to extract useful information from prisoners. The successful interrogators all had one thing in common in the way they approached their subjects. They were nice to them. Moran was writing in 1943, and he was describing his own, already legendary methods of interrogating Japanese prisoners of war. More than a half century later his report remains something of a cult classic for military interrogators.” [David R. Moran, 2005]
Human-to-Human Attitude - Moran writes that the best interrogators (whom he says should consider themselves “interviewers”) become “wooers” of their captives, coaxing information rather than attempting to force confessions. Most important, Moran writes, is the interrogator’s attitude towards his prisoner. “Many people, I suppose, would on first thought think ‘attitude’ had nothing to do with it; that all one needs is a knowledge of the language, then shoot out questions, and expect and demand a reply,” he writes. “Of course that is a very unthinking and naive point of view.” Just as important, Moran writes, is a sympathy and understanding of the captive’s culture. A superior or demeaning attitude breeds nothing but antagonism and resistance.
Speaking the Language of the Captive - Almost as important, Moran notes, is the interrogator’s ability to speak directly to the captive in his own language, without the need for translators. An interrogator should speak the language fluently and idiomatically, or, when that is not possible, to at least have some command over common phrases. “After all, the first and most important victory for the interviewer to try to achieve is to get into the mind and into the heart of the person being interviewed,” he writes.
Hidden System - Fellow feelings and warm sympathy towards the captive are necessary, but not the entire package. While the captive, or an outside observer, might believe that the interrogator is merely indulging in friendly chit-chat, the interrogator must have an agenda and a plan in place at all times. “[I]n the workings of your mind you must be a model of system,” Moran says. “You must know exactly what information you want, and come back to it repeatedly. Don’t let your warm human interest, your genuine interest in the prisoner, cause you to be sidetracked by him! You should be hard-boiled but not half-baked. Deep human sympathy can go with a business-like, systematic, and ruthlessly persistent approach.”
Short-Circuiting Patriotic Defensiveness - To emphasize that your side, your nation, or your culture is superior—in essence, the “conquerors” of the captive’s military or his nation—is counterproductive, Moran writes. “To emphasize that we are enemies, to emphasize that he is in the presence of his conqueror, etc., puts him psychologically in the position of being on the defensive, and that because he is talking to a most-patient enemy and conqueror he has no right and desire to tell anything,” he writes.
Breaking Recalcitrant Prisoners - Sometimes even the best interrogators come up against recalcitrant prisoners who flatly refuse, for patriotic reasons or what Moran calls “conscientious scruples,” to give any information. In these cases, Moran writes, harsh or physical techniques of intelligence extraction are counterproductive. Instead, he writes, with his Japanese captives he is often able to shame the prisoner into cooperating. Reminding the captive that he has been treated humanely, has been treated with kindness and courtesy, implies a quid pro quo—not the threat of having this treatment withdrawn if cooperation is not forthcoming, but a matter of the captive returning the interrogator’s courtesy with information. [Moran, 7/17/1943 pdf file]

Entity Tags: US Marine Corps, Ulrich Straus, Stephen Budiansky, Sherwood F. Moran, Marine Corps Interrogator Translator Teams Association

Category Tags: Statements/Writings about Torture

In the aftermath of World War II, Japanese officer Yukio Asano is charged by a US war crimes tribunal for torturing a US civilian. Asano had used the technique of “waterboarding” on the prisoner (see 1800 and After). The civilian was strapped to a stretcher with his feet in the air and head towards the floor, and water was poured over his face, causing him to gasp for air until he agreed to talk. Asano is convicted and sentenced to 15 years of hard labor. Other Japanese officers and soldiers are also tried and convicted of war crimes that include waterboarding US prisoners. “All of these trials elicited compelling descriptions of water torture from its victims, and resulted in severe punishment for its perpetrators,” reporter Evan Wallach will later write. In 2006, Senator Edward Kennedy (D-MA), discussing allegations of US waterboarding of terror suspects, will say in regards to the Asano case, “We punished people with 15 years of hard labor when waterboarding was used against Americans in World War II.” [Washington Post, 10/5/2006; National Public Radio, 11/3/2007]

Entity Tags: Yukio Asano, Evan Wallach, Edward M. (“Ted”) Kennedy

Category Tags: Legal Proceedings, Statements/Writings about Torture, Waterboarding

Japanese soldier Chinsaku Yuki is tried by the US for war crimes involving, among other offenses, waterboarding Filipino civilians. One of his victims is lawyer Ramon Navarro. During the trial, Navarro recalls being waterboarded by Yuki. “When Yuki could not get anything out of me, he wanted the interpreter to place me down below,” he tells the court. “And I was told by Yuki to take off all my clothes, so what I did was to take off my clothes as ordered. I was ordered to lay on a bench and Yuki tied my feet, hands, and neck to that bench, lying with my face upward. After I was tied to the bench, Yuki placed some cloth on my face. And then with water from the faucet, they poured on me until I became unconscious. He repeated that four or five times.” Asked if he could breathe, Navarro says: “No, I could not, and so I, for a time, lost consciousness. I found my consciousness came back again and found Yuki was sitting on my stomach. And then I vomited the water from my stomach, and the consciousness came back again for me. [The water came f]rom my mouth and all openings of my face… and then Yuki would repeat the same treatment and the same procedure to me until I became unconscious again.” Navarro recalls he was tortured like this “four or five times.” He says he lied to Yuki to end the torment: “When I was not able to endure his punishment which I received, I told a lie to Yuki.… I could not really show anything to Yuki, because I was really lying just to stop the torture.” He describes the waterboarding as “[n]ot so painful, but one becomes unconscious—like drowning in the water.… Drowning. You could hardly breathe.” Yuki is sentenced to life in prison for a variety of war crimes, including his torture of Navarro. [National Public Radio, 11/3/2007]

Entity Tags: Ramon Navarro, Chinsaku Yuki

Category Tags: Legal Proceedings, Statements/Writings about Torture, Waterboarding

Albert Biderman, an Air Force sociologist, publishes a study that notes how “brainwashing” had been achieved by depriving prisoners of sleep, exposing them to intense cold, and forcing them into excruciatingly painful “stress positions” for long periods of time. Biderman’s study is based on techniques used by Chinese Communist interrogators against US prisoners of war, which produced little real intelligence but excelled in producing false confessions (see December 2001). In 2002, Biderman’s study will become the basis of a interrogators’ training class for use against detainees at Guantanamo (see July 2002). [Vanity Fair, 12/16/2008]

Entity Tags: US Department of the Air Force, Albert Biderman

Category Tags: Other Events, Reports/Investigations, Extreme Temperatures, SERE Techniques, Sleep Deprivation, Stress Positions

Cover art for the 1966 film ‘Lost Command,’ based on the book ‘Les Centurions.’Cover art for the 1966 film ‘Lost Command,’ based on the book ‘Les Centurions.’ [Source: Cinema Forever (.com)]The French novel Les Centurions, by Jean Larteguy, features an early version of the so-called “ticking time bomb” scenario, in which torture is used to force critical information from a prisoner. The book, set during France’s occupation of Algeria, features a hero who beats up a female Arab dissident in order to learn the location of bombs planted throughout the city of Algiers. The hero uses the information gleaned from the beating of the woman to find and defuse the bombs. The book will be made into a 1966 film, Lost Command, starring Anthony Quinn. [Cinema Forever, 2009; National Public Radio, 5/5/2009]

Entity Tags: Anthony Quinn, Jean Larteguy

Category Tags: Other Events, Physical Assault

The CIA’s KUBARK interrogation manual is straightforward about the unreliability of torture as a means to acquire useful intelligence. (KUBARK is a CIA cryptogram for the agency itself.) The “KUBARK Counterintelligence Interrogation” manual states: “Intense pain is quite likely to produce false confessions, concocted as a means of escaping from distress. A time-consuming delay results, while investigation is conducted and the admissions are proven untrue. During this respite the interrogatee can pull himself together. He may even use the time to think up new, more complex’ admissions’ that take still longer to disprove.” The KUBARK manual is the product of over 10 years of research and testing, based on the experiences of US soldiers captured and tortured by Chinese interrogators. Waterboarding, called a method of “touchless torture,” elicited false confessions from the captured soldiers that the US planned to use biological weapons against North Korea. [Washington Post, 10/5/2006; Vanity Fair, 12/16/2008]

Entity Tags: Central Intelligence Agency

Category Tags: Statements/Writings about Torture

The Washington Post runs a front-page photo of a US soldier supervising the waterboarding of a captured North Vietnamese soldier. The caption says the technique induced “a flooding sense of suffocation and drowning, meant to make him talk.” Because of the photo, the US Army initiates an investigation, and the soldier is court-martialed and convicted of torturing a prisoner. [National Public Radio, 11/3/2007]

Entity Tags: Washington Post, US Department of the Army

Category Tags: Legal Proceedings, Reports/Investigations, Waterboarding

US Army intelligence manuals provided to Latin American military officers attending the US Army’s “School of the Americas” advocate executions, torture, blackmail and other forms of coercion against insurgents and sanctions the use of “fear, payment of bounties for enemy dead, beatings, false imprisonment, executions and the use of truth serum” to recruit and control informants. [Washington Post, 9/21/1996]

Entity Tags: Western Hemispheric Institution for Security Cooperation (School of the Americas)

Timeline Tags: US International Relations, US-Guatemala (1901-2002), US-El Salvador (1980-2002), US-Nicaragua (1979-)

Category Tags: High-level Decisions and Actions

A Texas sheriff and three of his deputies are charged with violating the civil rights of several prisoners in their custody. According to the complaint, the four conspired to “subject prisoners to a suffocating water torture ordeal in order to coerce confessions. This generally included the placement of a towel over the nose and mouth of the prisoner and the pouring of water in the towel until the prisoner began to move, jerk, or otherwise indicate that he was suffocating and/or drowning.” The procedure will later become known as “waterboarding.” All four are convicted, and the sheriff is sentenced to 10 years in prison. [Washington Post, 11/4/2007]

Category Tags: Legal Proceedings, Waterboarding

Fawaz Younis, a militant for the Lebanese Amal organization who has just been captured by the US (see June 14-30, 1985 and September 18, 1987), is kept in poor conditions, according to a later account he gives. Yousef will make the following allegations of mistreatment:
bullet Both his wrists are broken when he is captured and he is not given medical treatment or painkillers for five days. However, according to the US, the broken wrists are not discovered until Younis is transported to the US, a few days after his capture.
bullet While being held at sea, he is placed in a “highly heated cabin” and, “An exhaust pipe inside the cabin blew sand and hot air during that period, and my only resort for fresh air was to constantly ask my abductors to go to the toilet, where I could breathe fresh air.”
bullet Younis will also say he suffered from seasickness.
At his trial, he will say that a confession was coerced from him thanks to these factors, but will be convicted. However, FBI spokesman Frank Scafidi will dismiss the claims, saying: “This man was convicted. He is raising these allegations while sitting in prison, and I think that speaks for itself. The FBI as [a] matter of policy treats prisoners or arrestees in conformance with its policies and regulations.” [Milwaukee Journal Sentinel, 1/24/1999]

Entity Tags: Federal Bureau of Investigation, Frank Scafidi, Fawaz Younis

Category Tags: Detainments, Extreme Temperatures, Forced Confessions, Medical Services Denied, Poor Conditions

1992: US Army Field Manual Prohibits Torture

The latest edition of the US Army’s Field Manual 34-52 is published, and it includes rules governing interrogations. It unequivocally states that binding international treaties and US policy “expressly prohibit acts of violence or intimidation, including physical or mental torture, threats, insults, or exposure to inhumane treatment as a means of or aid to interrogation. Such illegal acts are not authorized and will not be condoned by the US Army.” It defines “physical torture” to include “infliction of pain through chemicals or bondage,” “forcing an individual to stand, sit or kneel in abnormal positions for prolonged periods of time,” “food deprivation,” and “any form of beating.” It notes that the “use of torture by US personnel will bring discredit upon the US and its armed forces while undermining domestic and international support for the war effort. It also may place US and allied personnel in enemy hands at a greater risk of abuse by their captors.” These regulations will still be in effect after 9/11. [CBC News, 11/16/2005]

Entity Tags: US Department of the Army

Category Tags: Statements/Writings about Torture, Internal Memos/Reports

FBI agents fly to Cairo to take charge of Egyptian Mohammed (or Mahmud) Abouhalima, who will later be convicted for his role in the 1993 World Trade Center bombings (see Summer 1993). Abouhalima has been tortured by Egyptian intelligence agents for 10 days (see March 1993), and has the wounds to prove it. In 2008, a Vanity Fair report will state, “As US investigators should have swiftly realized, [Abouhalima’s] statements in Egypt were worthless, among them claims that the bombing was sponsored by Iranian businessmen, although, apparently, their sworn enemy, Iraq, had also played a part.” [Vanity Fair, 12/16/2008]

Entity Tags: Mohammed Abouhalima, Federal Bureau of Investigation

Category Tags: Legal Proceedings, Rendition before 9/11

Walter Schumm, an Army Reserve colonel, writes a piece in the Military Review making the observation that few military officers understand the legal requirements for handling prisoners. In one part of the essay he notes, “It only takes one improperly trained soldier among a thousand to commit an offense against the Geneva Conventions that would cause our nation considerable embarrassment.” [USA Today, 5/13/2004]

Entity Tags: Walter Schumm

Category Tags: Statements/Writings about Torture, Indications of Abuse

The US enacts a law banning torture or abuse by any government official or employee. Title 18 of the US Code, Chapter 113C, Section 2340 bans US officials anywhere in the world from intentionally inflicting “severe physical or mental pain or suffering” upon another person in their control. Violation of this statute would earn the convicted official up to 20 years in prison; if a detainee dies as a result of the abuse, the convicted official can be sentenced to death. Any American official who conspires to have a prisoner abused is subject to the same penalties. [Legal Information Institute, 1/26/1998; Savage, 2007, pp. 155]

Category Tags: High-level Decisions and Actions, Legal Proceedings

The US deports Hani El-Sayegh, a Saudi National who is a suspect in the 1996 Khobar Towers bombing (see June 25, 1996), back to Saudi Arabia. [Grey, 2007, pp. 247] The deportation is approved by a US judge. [Washington Post, 10/29/2000]
History - In 1996, el-Sayegh, who had been living in Iran, moved to Kuwait. He later went to Canada, where he cut a deal with American officials that called for him to plead guilty in an unrelated plot against Americans in Saudi Arabia that was never carried out. In 1997, Canada expelled el-Sayegh for suspected terrorist activity. Attorney General Janet Reno allowed him into the United States solely for prosecution under the pact. But after arriving, he said he had not understood the accord, knew nothing about the Khobar attack, and was out of Saudi Arabia when the bombing occurred. Despite this, the Saudis suspected him of being present at the bombing and his brother was held in connection with it, and allegedly tortured in a Saudi jail. [New York Times, 10/12/1999]
Agreement - The deportation follows an agreement between FBI Director Louis Freeh and Prince Naif, Saudi Arabia’s interior minister. Under the agreement, el-Sayagh is returned to Saudi Arabia, and, according to officials familiar with the arrangement, FBI agents will be allowed to watch his interrogation through a one-way mirror and submit questions to his Saudi inquisitors. Washington Post journalist David Vine will comment, “Such practices are sharply at odds with Freeh’s oft-stated message about the FBI’s need to respect human dignity and the tenets of democracy while fighting crime.” Although FBI officials will say a year later they have not seen any indication that el-Sayegh has been tortured, Vine will add, “But agents say privately that when entering a foreign culture to do police work they do not have control over how prisoners are treated and must tread lightly.” [Washington Post, 10/29/2000]
Khobar Towers Attack Could Have Been Prosecuted in US - The Khobar Towers attacks may have been in Saudi Arabia, but were against US nationals, so suspects can be prosecuted in the US. Tony Karon of Time magazine will express surprise at the deportation: “Run that one by again: The United States doesn’t want to try a man suspected of a bomb attack that killed Americans—and they’re sending him home?!” However, the Justice Department apparently thinks there is not enough evidence to try him in the US, and, according to Time correspondent William Dowell, “Clearly, there’s a lower standard of proof in Saudi courts,” so, “It may be easier for Washington if the Saudis handle the trial—and the execution, which would likely follow.”
Possible Geopolitical Motive - According to Karon, an alternative explanation is that geopolitics may be behind the decision: “Sending el-Sayegh… back to Saudi Arabia could solve another touchy problem for Washington.” This is because President Clinton said the US would retaliate against any government that was involved in the attacks, and an Iranian hand is suspected in the bombing. However, according to Time Middle East bureau chief Scott Macleod: “the attack occurred before the election of President Khatami, who has clearly demonstrated a commitment to end state terrorism and normalize Iran’s relations with the rest of the world. Given Washington’s desire to strengthen his reformist government against its hard-line opponents, the US would be unlikely to take military action against Iran unless there were fresh acts of terrorism.” [Time, 10/5/1999]

Entity Tags: Louis J. Freeh, Janet Reno, Hani El-Sayegh, Nayef bin Abdul-Aziz, Federal Bureau of Investigation, Tony Karon, Scott Macleod, William Dowell

Timeline Tags: Complete 911 Timeline

Category Tags: Coverup, Detainments, Rendition before 9/11

The FBI extracts a full confession from L’Houssaine Kherchtou, also known as “Joe the Moroccan,” a member of the cell that bombed the US embassy in Nairobi, Kenya (see Late 1993-Late 1994 and 10:35-10:39 a.m., August 7, 1998). However, in contrast with methods used on al-Qaeda operatives after 9/11, he is not tortured and the FBI is at pains to treat him well.
Relaxing Surroundings, Respectful Treatment - FBI agent Jack Cloonan will later say of the initial interrogation, which took place in Morocco, “The setting was beautiful, it was this grand house with stables out back, gazelles bouncing in the background, palm trees, three-course meals.” Kherchtou had a relationship with the British intelligence service MI6 (see Mid-Summer 1998 and Shortly After August 7, 1998), but had broken off contact with it and has to be lured to Morocco, where his debriefing is headed by Patrick Fitzgerald. Cloonan will later describe the questioning: “We advised [Kherchtou] of his rights. We told him he could have a lawyer anytime, and that he could pray at any time he wanted. We were letting the Moroccans sit in on this, and they were dumbfounded.… The Moroccans said he’d never talk. He never shut up for 10 days.” Fitzgerald denies Kherchtou a plea bargaining agreement, and says he must plead guilty to conspiracy to murder, for which he may receive a life sentence, though Fitzgerald promises to ask the judge for leniency. However, Cloonan will later say, “His wife needed money for medical treatment in Khartoum, and al-Qaeda had failed to provide it.” It is Cloonan’s “in” with Kherchtou, who is also sure that the US will not torture him. When Kherchtou wavers, Cloonan steps in. As he recalls: “I said, ‘Joe, you understand English, so I’d like you to go out and pray on this with your two Moroccan brothers.’ I thought Fitzy was going to give birth. Joe went out and prayed and came back and said yes.” He provides the FBI with details of the plot and becoming a star witness at the trial (see September 2000). [American Prospect, 6/19/2005; Vanity Fair, 12/16/2008]
Invaluable Information - Kherchtou’s information, provided at a time when the US knows comparatively little about al-Qaeda, is, in Cloonan’s assessment, invaluable. “He told us about a lot of things,” Cloonan later says. “We learned how they recruited people, their front organizations, how they used NGOs [non-governmental organizations], false passports, what they thought about kidnapping, how they developed targets, did their surveillance, a day in the life of Osama bin Laden, what weapons they used, what vehicles they drove, who was the principal liaison with the Sudanese government, that there was a relationship between al-Qaeda and Hezbollah, how they did their training exercises, their finances, and their membership.” After the trial, he enters the witness protection program in the US. Four of his onetime associates will receive life sentences as a direct result of his information. [Vanity Fair, 12/16/2008]
FBI Use Kherchtou as Example of Successful Interrogation Tacticss - FBI officials will later compare this outcome favorably to procedures used by other US agencies after 9/11. For example, following the detainee abuse scandals after 9/11, FBI manager Tom Harrington will write that the FBI has “been successful for many years obtaining confessions via non-confrontational interviewing techniques.” Cloonan will later contrast Kherchtou’s treatment with that of al-Qaeda training manager Ibn al-Shaykh al-Libi in December 2001, when the US sent al-Libi to Egypt to be tortured and interrogated, but some of the information he provided there turned out to be false (see December 19, 2001 and January 2002 and After). [American Prospect, 6/19/2005]

Entity Tags: Patrick J. Fitzgerald, Jack Cloonan, Ibn al-Shaykh al-Libi, Federal Bureau of Investigation, Al-Qaeda, Thomas J. Harrington, L’Houssaine Kherchtou

Timeline Tags: Complete 911 Timeline

Category Tags: Other Events

George W. Bush taking the oath of office.George W. Bush taking the oath of office. [Source: White House/ Wally McNamara]George W. Bush is inaugurated as president, replacing President Bill Clinton. Bush is sworn in after a tumultuous, sharply disputed election that ended with a US Supreme Court decision in his favor (see 9:54 p.m. December 12, 2000). He takes the oath of office on the same Bible his father, George H.W. Bush, used in his own 1989 inauguration; the oath is administered by Chief Justice William Rehnquist. In his brief inaugural address, delivered outside the US Capitol, Bush asks Americans to “a commitment to principle with a concern for civility.… Civility is not a tactic or a sentiment. It is the determined choice of trust over cynicism, of community over chaos.” In words apparently chosen to reflect on the criticisms surrounding former President Clinton and his notorious affair with White House intern Monica Lewinsky, Bush says, “I will live and lead by these principles—to advance my convictions with civility, to pursue the public interest with courage, to speak for greater justice and compassion, to call for responsibility, and try to live it as well.” He continues addressing the American people, saying: “I ask you to be citizens. Citizens, not spectators. Citizens, not subjects. Responsible citizens, building communities of service and a nation of character.” At a post-ceremonial luncheon, Bush issues a series of executive orders, some designed to block or roll back several Clinton-era regulations. He also acknowledges that because of the election turmoil, many Americans believe “we can’t get anything done… nothing will happen, except for finger-pointing and name-calling and bitterness.” He then says: “I’m here to tell the country that things will get done. Republicans and Democrats will come together to do what’s right for America.” [New York Times, 1/21/2001]
Thousands of Protesters - Thousands of protesters line the streets during Bush’s ceremonial drive to the Capitol, a fact not heavily reported by many press outlets. Salon reports, “Not since Richard Nixon paraded down Pennsylvania Avenue in 1973 has a presidential inauguration drawn so many protesters—and last time, people were out to protest the Vietnam War.” Though Capitol Police refuse to estimate the size of the crowd lining the street, Salon reports that “many thousands of protesters were in evidence.” Liz Butler of the Justice Action Movement, the umbrella organization that helped coordinate the protests, says: “The level of people on the streets shows that people are really upset about lack of democratic process. They took it to the streets. We saw tens of thousands. We saw far more protesting Bush than supporting him.” Some of the people on the streets are Bush supporters, but many more are not, and carry signs such as “Bush Cheated,” “Hail to the Thief,” “Bush—Racism,” “Bushwhacked by the Supremes,” and others. The crowd, though outspoken in its protests and unrestrained in its heckling of Bush and Vice President Dick Cheney, is generally peaceful, and no serious violence is reported, though a few minor altercations do take place, and large contingents of police in riot gear—including personnel from every police department in the District of Columbia as well as the Bureau of Alcohol, Tobacco and Firearms and from departments in Maryland and Virginia—are on hand. At least one protester throws an egg at the limousine transporting Bush, Cheney, and their families to the inaugural ceremonies; perhaps in response to the protests, Bush breaks with tradition laid down by earlier presidents and does not walk any large portion of the parade route. Nine people are arrested for disorderly conduct, most for allegedly throwing bottles and other debris. Bulter says: “Of course, we’re ashamed that Bush has decided to be a ‘uniter’ by uniting people against him. They all chose to come out in the freezing rain—even the weather couldn’t stop these people.” Protester Mary Anne Cummings tells a reporter: “I think it’s important to remind the incoming administration the country does not want a right-wing mandate. They did not vote for a right-wing mandate.” [Salon, 1/20/2001; CNN, 1/20/2001; New York Times, 1/21/2001] Thousands of protesters march in San Francisco, Los Angeles, and other cities as well. [CNN, 1/20/2001]

Binyam Mohamed, a young Ethiopian with British citizenry, is in Afghanistan after the 9/11 attacks. He later tells a journalist that he wants nothing more than to leave for London before the West can retaliate against al-Qaeda and the Taliban (see May-September, 2001). But Mohamed is unable to leave before the US-led coalition launches its attacks in November. According to Mohamed, he is caught among the tide of refugees, and in early 2002 makes his way across the Afghan-Pakistan border and into the city of Karachi. On April 3, he books a flight to London, but officials turn him away, saying his passport looks wrong (Mohamed entered the region using a friend’s passport). On April 9, he tries again to book a flight with the same passport, and is detained by Pakistani authorities. This is the beginning of almost seven years of incarceration, interrogation, and torture (see February 24, 2009). [Daily Mail, 3/8/2009] Apparently some of the details of Mohamed’s recollections will differ from the recounting of his story as later told by his lawyer, Clive Stafford Smith.

Entity Tags: Binyam Mohamed, Al-Qaeda, Clive Stafford Smith, Taliban

Category Tags: Detainments, Binyam Mohamed

During a National Security Council meeting, FBI Director Robert Mueller begins to describe the investigation under way to identify the 9/11 hijackers. According to journalist Bob Woodward, “He said it was essential not to taint any evidence so that if accomplices were arrested, they could be convicted.” But Attorney General John Ashcroft interrupts. Woodward will paraphrase Ashcroft saying, “The chief mission of US law enforcement… is to stop another attack and apprehend any accomplices or terrorists before they hit us again. If we can’t bring them to trial, so be it.” Woodward will comment, “Now, Ashcroft was saying, the focus of the FBI and the Justice Department should change from prosecution to prevention, a radical shift in priorities.” President Bush is at the meeting and apparently does not challenge Ashcroft’s suggestion. [Woodward, 2002, pp. 42-43]

Entity Tags: Robert S. Mueller III, John Ashcroft, Bob Woodward, National Security Council, George W. Bush

Timeline Tags: Complete 911 Timeline

Category Tags: High-level Decisions and Actions, Legal Proceedings

The chief of operations at the CIA’s Counterterrorist Center proposes that the CIA establish “hit teams” to assassinate high-value targets in al-Qaeda’s structure. The CIA compiled a list of such targets before 9/11, and updated it afterwards. The suggestion is made as part of a debate about what to do with the targets. The hit teams would be made up of CIA paramilitaries that would covertly infiltrate countries in the Middle East, Africa, and even Europe to assassinate people on the list, one by one. However, some CIA officers object to this, saying that it would be better to keep the targets alive and interrogate them about their network and other plots. Other officers worry that the CIA might not be good at assassinating people, and the plan is never implemented, although the agency does establish a network of black sites for interrogating detainees. The identity of the chief of operations that makes this proposal is not known definitively, but Richard Blee is said to hold the position around this time (see Between Mid-January and July 2000). [Washington Post, 11/2/2005]

Entity Tags: Central Intelligence Agency, Counterterrorist Center, Richard Blee

Timeline Tags: Complete 911 Timeline

Category Tags: Impunity

After the September 11 attacks, there is a dramatic increase in the frequency of US-requested “renditions.” [Washington Post, 3/11/2002, pp. A01; Washington Post, 12/26/2002; Los Angeles Times, 2/1/2003; Washington Post, 5/11/2004, pp. A01] Officially, the original purpose of renditions was to bring suspected foreign criminals, such as drug kingpins, to justice (see 1993). But after September 11, it is used predominantly to arrest and detain foreign nationals designated as suspected terrorists and bring them to foreign countries that are willing to hold them indefinitely for further questioning and without public proceedings. [Washington Post, 3/11/2002, pp. A01; New York Times, 3/9/2003; Washington Post, 5/11/2004, pp. A01; Washington Post, 1/2/2005, pp. A01] According to one CIA officer interviewed by the Washington Post, after September 11, “The whole idea [becomes] a corruption of renditions—It’s not rendering to justice, it’s kidnapping.” [Washington Post, 1/2/2005, pp. A01] “There was a debate after 9/11 about how to make people disappear,” a former intelligence official will tell the New York Times in May 2004. [New York Times, 5/13/2004] By the end of 2002, the number of terrorism suspects sent to foreign countries is in the thousands. Many of the renditions involve captives from the US operation in Afghanistan. [Washington Post, 3/11/2002, pp. A01; Washington Post, 12/26/2002; Los Angeles Times, 2/1/2003; Washington Post, 5/11/2004, pp. A01] The countries receiving the rendered suspects are often known human rights violators like Egypt, Syria, Jordan, Saudi Arabia, and Morocco, all of which have histories of using torture and other methods of interrogation that are not legal in the US. The rendition program often ignores local and international extradition laws. [Washington Post, 3/11/2002, pp. A01] In fact, US officials have admitted that the justification for rendition is sometimes fabricated—the US requests that a suspect be rendered, and then the allied foreign government charges the person “with a crime of some sort.” [Washington Post, 12/26/2002; Los Angeles Times, 2/1/2003] After a suspect is relocated to another country, US intelligence agents may “remain closely involved” in the interrogations, sometimes even “doing [them] together” with the foreign government’s intelligence service. [Washington Post, 3/11/2002, pp. A01; New York Times, 3/9/2003; Washington Post, 5/11/2004, pp. A01] The level of cooperation with Saudi interrogators is allegedly high. “In some cases,” according to one official, “we’re able to observe through one-way mirrors the live investigations. In others, we usually get summaries. We will feed questions to their investigators.” He adds, however, “They’re still very much in control.” [Washington Post, 12/26/2002] Joint intelligence task forces, which consist of members from the CIA, FBI, and some other US law enforcement agencies, allegedly control to a large extent the approximately 800 terrorism suspects detained in Saudi Arabia. [Washington Post, 5/11/2004, pp. A01]
Countries involved in the practice of rendition -
Egypt - Amnesty International’s 2003 annual report says that in Egypt, “Torture and ill-treatment of detainees continued to be systematic” during 2002. [Washington Post, 3/11/2002, pp. A01; Washington Post, 12/26/2002; Amnesty International, 2003]
Jordan - The State Department’s 2001 annual human rights report states, “The most frequently alleged methods of torture include sleep deprivation, beatings on the soles of the feet, prolonged suspension with ropes in contorted positions, and extended solitary confinement.” US officials are quoted in the Washington Post in 2002 calling Jordan’s interrogators “highly professional.” [Washington Post, 3/11/2002, pp. A01; Washington Post, 12/26/2002]
Morocco - Morocco “has a documented history of torture, as well as longstanding ties to the CIA.” [Washington Post, 3/11/2002, pp. A01; Washington Post, 12/26/2002]
Syria - Amnesty International’s 2003 annual report notes: “Hundreds of political prisoners remained in prolonged detention without trial or following sentences imposed after unfair trials. Some were ill but were still held in harsh conditions. Ten prisoners of conscience were sentenced to up to 10 years’ imprisonment after unfair trials before the Supreme State Security Court (SSSC) or the Criminal Court. There were fewer reports of torture and ill-treatment, but cases from previous years were not investigated. At least two people died in custody.” [Washington Post, 12/26/2002; Amnesty International, 2003]

Entity Tags: Central Intelligence Agency

Timeline Tags: Complete 911 Timeline

Category Tags: Indefinite Detention, Rendition after 9/11, Key Events, Extraordinary Rendition

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

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

Timeline Tags: Complete 911 Timeline, Civil Liberties

Category Tags: Key Events, High-level Decisions and Actions

One of the main questions on the minds of government lawyers is how to criminally prosecute captured members of al-Qaeda and the Taliban. A few days after 9/11, William P. Barr, a former attorney general, suggests to Timothy E. Flanigan, deputy White House counsel, to use so-called military commissions. Barr first thought of using such military commissions to try the suspects of the bombing of Pan Am Flight 103 over Lockerbie, Scotland, but this was rejected at the time. “I thought it was a great idea,” Flanigan says. [New York Times, 10/24/2004]

Entity Tags: William P. Barr, Timothy E. Flanigan

Category Tags: High-level Decisions and Actions, Military Commissions / Tribunals

In a television interview, Vice President Cheney is asked how the US will respond to the 9/11 attacks. He first replies that there will be a military response. But he adds an oblique comment indicating the secrecy in which he and the administration intend to operate after the 9/11 attacks: “We also have to work, though, sort of the dark side, if you will. We’ve got to spend time in the shadows in the intelligence world. A lot of what needs to be done here will have to be done quietly, without any discussion, using sources and methods that are available to our intelligence agencies, if we’re going to be successful. That’s the world these folks operate in, and so it’s going to be vital for us to use any means at our disposal, basically, to achieve our objective.” [Meet the Press, 9/16/2001; Unger, 2007, pp. 221] In 2006, former CIA official Gary Schroen will be asked about Cheney’s comment, and he replies: “My impression at the time was that the administration was trying to send a message, and certainly CIA leadership was trying to send a message, that the gloves were off. I think what [Cheney] was probably saying was, we’re going to do things like assassination operations; we were going to go into places and not try to capture these guys, but just kill them, and that… there would be a lot of people who would object to those kind of tactics.” [PBS Frontline, 1/20/2006] In 2007, author and reporter Charlie Savage will write, “Many interpreted Cheney’s vague remarks to have been a reference to brutal interrogation techniques.” [Savage, 2007, pp. 154]

Entity Tags: Charlie Savage, Gary C. Schroen, Richard (“Dick”) Cheney

Timeline Tags: Complete 911 Timeline, Civil Liberties

Category Tags: High-level Decisions and Actions, Impunity, Public Statements

President Bush signs a directive giving the CIA the authority to kill or capture suspected al-Qaeda members and to set up a global network of secret detention facilities—“black sites”—for imprisoning and interrogating them. [Truthout (.org), 8/27/2004]
Secret Prison System - The International Committee of the Red Cross (ICRC) will later call the sites a “hidden global internment network” designed for secret detentions, interrogations, and ultimately, torture. At least 100 prisoners will be remanded to this secret system of “extraordinary rendition.” The network will have its own fleet of aircraft (see October 4, 2001) and relatively standardized transfer procedures. [New York Review of Books, 3/15/2009] The directive, known as a memorandum of notification, will become the foundation for the CIA’s secret prison system. The directive does not spell out specific guidelines for interrogations. [New York Times, 9/10/2006]
Secret Assassination List - Bush also approves a secret “high-value target list” containing about two dozen names, giving the CIA executive and legal authority to either kill or capture those on the list (see Shortly After September 17, 2001). The president is not required to approve each name added to the list and the CIA does not need presidential approval for specific attacks. Further, a presidential finding gives the CIA broad authority to capture or kill terrorists not on the list; the list is merely the CIA’s primary focus. The CIA will use these authorities to hunt for al-Qaeda leaders in Afghanistan and elsewhere. [New York Times, 12/15/2002]

Entity Tags: Central Intelligence Agency, George W. Bush, International Committee of the Red Cross, Al-Qaeda

Timeline Tags: Complete 911 Timeline, Civil Liberties, War in Afghanistan

Category Tags: High-level Decisions and Actions, Presidential Directives, Key Events

President Bush giving his joint session of Congress speech.President Bush giving his joint session of Congress speech. [Source: Eric Draper / White House]In a speech before a joint session of Congress, President Bush says the US faces a lengthy global war on terrorism. He says, “On September 11, enemies of freedom committed an act of war against our country.… Our war on terror begins with al-Qaeda, but it does not end there. It will not end until every terrorist group of global reach has been found, stopped, and defeated.”
"Hand Over the Terrorists" or "Share in Their Fate" - He says to the Taliban: “Deliver to United States authorities all the leaders of al-Qaeda who hide in your land. Release all foreign nationals, including American citizens, you have unjustly imprisoned. Protect foreign journalists, diplomats and aid workers in your country. Close immediately and permanently every terrorist training camp in Afghanistan, and hand over every terrorist, and every person in their support structure, to appropriate authorities. Give the United States full access to terrorist training camps, so we can make sure they are no longer operating. These demands are not open to negotiation or discussion. The Taliban must act, and act immediately. They will hand over the terrorists, or they will share in their fate.”
"Either You Are with Us, or You Are with the Terrorists" - “Americans should not expect one battle, but a lengthy campaign, unlike any other we have ever seen.… We will starve terrorists of funding, turn them one against another, drive them from place to place, until there is no refuge or no rest. And we will pursue nations that provide aid or safe haven to terrorism. Every nation, in every region, now has a decision to make. Either you are with us, or you are with the terrorists. From this day forward, any nation that continues to harbor or support terrorism will be regarded by the United States as a hostile regime.”
"They Hate Our Freedoms" - “Americans are asking, why do they hate us? They hate what we see right here in this chamber—a democratically elected government. Their leaders are self-appointed. They hate our freedoms—our freedom of religion, our freedom of speech, our freedom to vote and assemble and disagree with each other.… These terrorists kill not merely to end lives, but to disrupt and end a way of life.… They are the heirs of all the murderous ideologies of the 20th century. By sacrificing human life to serve their radical visions—by abandoning every value except the will to power—they follow in the path of fascism, and Nazism, and totalitarianism.”
"Every Resource" Will Be Used - “We will direct every resource at our command—every means of diplomacy, every tool of intelligence, every instrument of law enforcement, every financial influence, and every necessary weapon of war—to the disruption and to the defeat of the global terror network.”
"Live Your Lives" - Bush has surprisingly little to specifically ask of the ordinary citizen. “Americans are asking: What is expected of us? I ask you to live your lives, and hug your children.… I ask you to be calm and resolute, even in the face of a continuing threat.… I ask you to uphold the values of America, and remember why so many have come here.… I ask you to continue to support the victims of this tragedy with your contributions.… I ask for your patience, with the delays and inconveniences that may accompany tighter security; and for your patience in what will be a long struggle.… I ask your continued participation and confidence in the American economy.” [US President, 9/24/2001]

Entity Tags: George W. Bush, US Congress

Timeline Tags: Complete 911 Timeline

Category Tags: Public Statements

In a memo, responding to a request from Deputy White House Counsel Timothy E. Flanigan, Justice Department lawyer John C. Yoo provides legal advice on “the legality of the use of military force to prevent or deter terrorist activity inside the United States.” He addresses the question of how the Fourth Amendment to the US Constitution applies to the use of “deadly force” by the military “in a manner that endangered the lives of United States citizens.” The Fourth Amendment requires the government to have some objective suspicion of criminal activity before it can infringe on an individual’s liberties, such as the right to privacy or the freedom of movement. Yoo writes that in light of highly destructive terrorist attacks, “the government may be justified in taking measures which in less troubled conditions could be seen as infringements of individual liberties.” If the president determines the threat of terrorism high enough to deploy the military inside US territory, then, Yoo writes, “we think that the Fourth Amendment should be no more relevant than it would be in cases of invasion or insurrection.” [New York Times, 10/24/2004] A month later, the Justice Department will issue a similar memo (see October 23, 2001).

Entity Tags: John C. Yoo, Timothy E. Flanigan, US Department of Justice

Timeline Tags: Civil Liberties

Category Tags: High-level Decisions and Actions, Internal Memos/Reports

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

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

Timeline Tags: Civil Liberties

Category Tags: High-level Decisions and Actions, Military Commissions / Tribunals

John Yoo.John Yoo. [Source: University of California, Berkeley]In a secret 15-page memo to Deputy White House Counsel Timothy Flanigan, Justice Department lawyer John Yoo, a deputy in the Office of Legal Counsel, reasons that it is “beyond question that the president has the plenary constitutional power to take such military actions as he deems necessary and appropriate to respond to the terrorist attacks” of 9/11. Those actions can be extensive. “The president may deploy military force preemptively against terrorist organizations or the states that harbor or support them,” Yoo writes, “whether or not they can be linked to the specific terrorist incidents of Sept. 11.… Force can be used both to retaliate for those attacks, and to prevent and deter future assaults on the nation. Military actions need not be limited to those individuals, groups, or states that participated in the attacks on the World Trade Center and the Pentagon.” The memo is solicited and overseen by White House lawyers.
Power Derives from Constitution, Congressional Authorization for War - This power of the president, Yoo states, rests both on the US Congress’ Joint Resolution of September 14 (see September 14-18, 2001) and on the War Powers Resolution of 1973. “Neither statute, however, can place any limits on the president’s determinations as to any terrorist threat, the amount of military force to be used in response, or the method, timing, and nature of the response. These decisions, under our Constitution, are for the president alone to make.” (Most experts believe that the Constitution strictly limits the president’s power to declare and conduct war—see 1787).
Power More Extensive than Congress Authorized - Yoo argues further that the September 14 resolution does not represent the limits to the president’s authority. “We think it beyond question” that Congress cannot “place any limits on the president’s determinations as to any terrorist threat, the amount of military force to be used in response, or the method, timing, and nature of the response. These decisions, under our Constitution, are for the president alone to make.” Congress’s “Joint Resolution is somewhat narrower than the president’s constitutional authority,” Yoo writes, as it “does not reach other terrorist individuals, groups, or states which cannot be determined to have links to the September 11 attacks.” The president’s broad power can be used against selected individuals suspected of posing a danger to the US, even though it may be “difficult to establish, by the standards of criminal law or even lower legal standards, that particular individuals or groups have been or may be implicated in attacks on the United States.” Yoo concludes: “[W]e do not think that the difficulty or impossibility of establishing proof to a criminal law standard (or of making evidence public) bars the president from taking such military measures as, in his best judgment, he thinks necessary or appropriate to defend the United States from terrorist attacks. In the exercise of his plenary power to use military force, the president’s decisions are for him alone and are unreviewable.”
'Unenumerated' Presidential Powers - Yoo even asserts that the president has more power than his memo claims: “[T]he president’s powers include inherent executive powers that are unenumerated in the Constitution,” including but not limited to the power to take the country to war without Congressional input. [US Department of Justice, 9/25/2001; Savage, 2007, pp. 121-122]
Memo Remains Secret for Three Years - The contents of this memo are not disclosed until mid-December 2004. [Newsweek, 12/18/2004; Newsweek, 12/27/2004]

Entity Tags: John C. Yoo, Bush administration (43), US Department of Justice, Office of Legal Counsel (DOJ), Timothy E. Flanigan

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

Category Tags: High-level Decisions and Actions, Internal Memos/Reports, Key Events

Lt. Col. Stuart Couch.Lt. Col. Stuart Couch. [Source: Wall Street Journal]Mohamedou Ould Slahi, a Mauritanian businessman and alleged liaison between Islamic radicals in Hamburg and Osama bin Laden with foreknowledge of the 9/11 plot (see 1999 and January-April 2000), is arrested in Mauritania by secret police, his family says. By December, he will be in US custody. He will later be housed at a secret CIA facility within Camp Echo at the Guantanamo Bay Naval Station. [Washington Post, 12/17/2004] In 2007, it will be reported that one of Slahi’s prosecutors, Lt. Col. Stuart Couch, has refused to continue to prosecute Slahi after learning details of Slahi’s tortures at Guantanamo. [Wall Street Journal, 3/31/2007] The Nation will later report, “Aside from the beatings, waterboarding, stress positions, and sexual degradation that have been the norm at Guantanamo, Slahi was taunted with details of his mother’s incarceration and rape in an elaborate hoax by an officer who claimed to be representing the White House.” While Couch believes Slahi is a high-level al-Qaeda operative, he also believes the much of the evidence against him is not credible because of the methods used to obtain it. [Nation, 4/4/2007]

Entity Tags: Stuart Couch, Mohamedou Ould Slahi

Timeline Tags: Complete 911 Timeline

Category Tags: Detainments, Deception, Physical Assault, Stress Positions, Waterboarding, Guantanamo (US Base in Cuba), Other High Ranking Detainees

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

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

Timeline Tags: Civil Liberties

Category Tags: High-level Decisions and Actions, Key Events

Jamal Udeen, a British national of Jamaican descent, also known as Jamal al-Harith, and born Ronald Fiddler, allegedly on his way to Turkey, is arrested by the Taliban and locked up in a jail in Kandahar on suspicion of being a British spy. Udeen appears to be in real physical danger. A fellow prisoner, whom he suspects is an American, is beaten severely and dies. “I am sure I would have got the same treatment,” Udeen recalls, “but I made sure that every time my guards saw me I was praying.… The Taliban liked me because I always had the Koran in my hands. I was beaten very badly, but not as badly as most of the other inmates.” He later tells the Americans about the killed detainee. “They tried to say the man wasn’t an American, but I know he was.” [Mirror, 3/12/2004] Udeen and the other inmates are “praying for the Americans to come” and free them. [London Times, 3/11/2004]

Entity Tags: Jamal Udeen, Taliban

Category Tags: Detainments, Jamal Udeen

According to several press reports, the CIA has set up a secret detention and interrogation center (see October 2001-2004) at Bagram Air Base in Afghanistan where US intelligence officers are using aggressive techniques on detainees. The captives—imprisoned in metal shipping containers—are reportedly subjected to a variety of “stress and duress” interrogation tactics. [Washington Post, 12/26/2002; New York Times, 3/9/2003] The detention facility at Bagram is a rusting hulk originally built by the Soviet Army as an aircraft machine shop around 1979, and later described by the New York Times as “a long, squat, concrete block with rusted metal sheets where the windows had once been.” It is retrofitted with five large wire pens and a half-dozen plywood isolation cells, and is dubbed the Bagram Collection Point, or BCP, a processing center for prisoners captured in Afghanistan and elsewhere. The facility typically holds between 40 to 80 prisoners before they are interrogated and screened for possible transfer to Guantanamo. [New York Times, 5/20/2005] Detainees are often forced to stand or kneel for hours, wear black hoods or spray-painted goggles for long periods of time, and stand or sit in awkward and painful positions. They are also reportedly thrown into walls, kicked, punched, deprived of sleep, and subjected to flashing lights and loud noises. [Washington Post, 12/26/2002; New York Times, 3/9/2003; Amnesty International, 8/19/2003] Some detainees tell of being “chained to the ceiling, their feet shackled, [and being] unable to move for hours at a time, day and night” (see December 5-9, 2002). [New York Times, 3/4/2003; New York Times, 9/17/2004] Psychological interrogation methods such as “feigned friendship, respect, [and] cultural sensitivity” are reported to be in use as well. For instance, female officers are said to sometimes conduct the interrogations, a technique described as being “a psychologically jarring experience for men reared in a conservative Muslim culture where women are never in control.” [Washington Post, 12/26/2002] Human rights monitors are not permitted to visit the facility. [Washington Post, 12/26/2002; Agence France-Presse, 12/29/2002] The US claims that the interrogation techniques used at Bagram do not violate international laws. “Our interrogation techniques are adapted,” Gen. Daniel McNeil claims in early March 2003. “They are in accordance with what is generally accepted as interrogation techniques, and if incidental to the due course of this investigation, we find things that need to be changed, we will certainly change them.” [Guardian, 3/7/2003]

Entity Tags: Daniel McNeil, Central Intelligence Agency

Timeline Tags: Complete 911 Timeline, War in Afghanistan

Category Tags: Media, Bagram (Afghanistan), Key Events

The United States government creates a multi-layered international system of detention centers and prison camps where suspected terrorists, enemy combatants, and prisoners of war are detained and interrogated. [Washington Post, 5/11/2004, pp. A01] The Washington Post reports in May 2004: “The largely hidden array includes three systems that only rarely overlap: the Pentagon-run network of prisons, jails, and holding facilities in Iraq, Afghanistan, Guantanamo, and elsewhere; small and secret CIA-run facilities where top al-Qaeda and other figures are kept; and interrogation rooms of foreign intelligence services—some with documented records of torture—to which the US government delivers or ‘renders’ mid- or low-level terrorism suspects for questioning…. The detainees have no conventional legal rights: no access to a lawyer; no chance for an impartial hearing; and… no apparent guarantee of humane treatment accorded prisoners of war under the Geneva Conventions or civilians in US jails.” [Washington Post, 5/11/2004, pp. A01] One administration official tells the New York Times that some high-level detainees may be held indefinitely. [New York Times, 5/13/2004] Secrecy permeates the system. For example, renditions are done covertly and the locations of the secret CIA-run interrogation centers are considered “so sensitive that even the four leaders of the House and Senate intelligence committees, who are briefed on all covert operations, do not know them.” [Washington Post, 5/11/2004, pp. A01] In May 2004, it is estimated that there are 10,000 prisoners being held in US facilities around the world. They come from a number of countries including Jordan, Lebanon, Libya, Malaysia, Oman, Saudi Arabia, Somalia, Sudan, Syria, Sweden, Tunisia, Turkey, Ukraine, Britain, the Palestinian territories, and Yemen. [Independent, 5/15/2004]

Entity Tags: Central Intelligence Agency

Timeline Tags: Complete 911 Timeline

Category Tags: High-level Decisions and Actions, Indefinite Detention, Rendition after 9/11, Key Events

One of the executive jets used by the CIA to fly prisoners to Guantanamo. This one, a Gulfstream with tail number N44982 when used by the CIA, is pictured in Geneva, Switzerland in 2005 with a new tail number.One of the executive jets used by the CIA to fly prisoners to Guantanamo. This one, a Gulfstream with tail number N44982 when used by the CIA, is pictured in Geneva, Switzerland in 2005 with a new tail number. [Source: Public domain via Wikipedia]A secret arrangement is made in Brussels, Belgium, by all members of NATO. Lord George Robertson, British defense secretary and later NATO’s secretary general, will later explain NATO members agree to provide “blanket overflight clearances for the United States and other allies’ aircraft for military flights related to operations against terrorism.” [London Times, 11/25/2007] Over 700 prisoners will fly over NATO countries on their way to the US-controlled Guantanamo prison in Cuba beginning in 2002 (see January 14, 2002-2005).
Conditions of Transfer - According to a 2007 report by the International Committee of the Red Cross (ICRC—see March 15, 2009), detainees flown on CIA rendition flights would be:
bullet Photographed both clothed and naked;
bullet Subjected to body cavity (rectal) searches, with some detainees later alleging that they were administered suppositories of some sort;
bullet Dressed in a diaper and a tracksuit, with earphones placed over the ears (through which shatteringly loud music would sometimes be played), a blindfold, black goggles, and sometimes cotton wool placed over the eyes;
bullet Shackled by hands and feet, and thus carried onto an airplane, where they would remain, without toilet privileges, from one to 30 hours.
The prisoners would usually be allowed to sit upright, but the ICRC will later find that on “some occasions detainees were transported lying flat on the floor of the plane… with their hands cuffed behind their backs,” causing them “severe pain and discomfort,” as they were moved from one location to another. [New York Review of Books, 3/15/2009]

Entity Tags: George Robertson, North Atlantic Treaty Organization, International Committee of the Red Cross

Timeline Tags: Complete 911 Timeline

Category Tags: High-level Decisions and Actions, Rendition after 9/11

“Operation Enduring Freedom,” the US’s first military answer to the attacks of 9/11, starts with a bombing campaign on selected targets in the Afghan countryside. On October 19, Special Forces troops are deployed to occupy parts of the country in collaboration with the Northern Alliance, an armed faction hostile towards the Taliban government. In the following weeks, a fierce hunt ensues for members of the Taliban and al-Qaeda. [White House, 5/10/2005]

Entity Tags: Al-Qaeda, Northern Alliance, Taliban, US Department of Defense

Category Tags: High-level Decisions and Actions, Other Events

As early as October 2001, according to the Guardian, the Pentagon, too, contemplates the use of aggressive methods of interrogation. Soon after the start of the war in Afghanistan, lawyers at the Defense Department are requested to explore the legal room for action in this regard. “There was a kind of sub rosa [secret] thought process during at least the first few months of the prosecution of the war on terror,” says a former Pentagon official. Lawyers begin discussing what methods could be declared allowable for extracting information. “It did not include electric probes in the genitals,” the official says. “But there were certainly a range of psychological measures.” [Guardian, 6/23/2004]

Entity Tags: US Department of Defense

Category Tags: High-level Decisions and Actions

The commander of US Central Command (CENTCOM), which encompasses the area of Afghanistan, issues an order instructing that the Geneva Conventions are to be applied to all captured individuals. [Wallach, 9/29/2004]

Entity Tags: US Central Command

Timeline Tags: War in Afghanistan

Category Tags: High-level Decisions and Actions

A Washington Post article hints at the US government’s use rendition and torture. It refers to four suspects out of the hundreds arrested in the US—Zacarias Moussaoui, Nabil al-Marabh, Ayub Ali Khan, and Mohammed Azmath—who may actually have links to al-Qaeda (see October 20, 2001). The article quotes an “experienced FBI agent involved in the investigation,” who says: “We are known for humanitarian treatment, so basically we are stuck.… Usually there is some incentive, some angle to play, what you can do for them. But it could get to that spot where we could go to pressure… where we won’t have a choice, and we are probably getting there.” The article goes on to mention: “Among the alternative strategies under discussion are using drugs or pressure tactics, such as those employed occasionally by Israeli interrogators, to extract information. Another idea is extraditing the suspects to allied countries where security services sometimes employ threats to family members or resort to torture.” [Washington Post, 10/21/2001] Although it is little known in the US at the time, the CIA has already been renditioning suspects to countries known for practicing torture (see September 23, 2001), and has made arrangements with NATO countries to increase the number of such renditions (see October 4, 2001). Azmath and Khan will later be cleared of al-Qaeda ties and released (see October 20, 2001). Al-Marabh will be deported to Syria under mysterious circumstances and rearrested by the Syrian government (see Spring 2004). Moussaoui will be sentenced to life in prison in the US (see May 3, 2006).

Entity Tags: Mohammed Azmath, Federal Bureau of Investigation, Nabil al-Marabh, Syed Gul Mohammad Shah, Zacarias Moussaoui

Timeline Tags: Complete 911 Timeline

Category Tags: Detainments, Rendition after 9/11

An Australian citizen named Mamdouh Habib is arrested in Pakistan by Pakistani authorities. He is arrested while traveling on a bus from Quetta to Karachi, after possibly attending an al-Qaeda training camp in Afghanistan. Also arrested on the bus are Ibrahim Diab, a Lebanese national, and Bechim Ademi, a naturalized German, two recently recruited members of the al-Qaeda cell in Hamburg, Germany that also included a few of the 9/11 hijackers (see September 10, 2001). Diab and Ademi are also coming from an al-Qaeda training camp, but they will later claim they had only just met Habib in Quetta before getting on the bus. Pakistani authorities appear to have been looking for Diab and Ademi, and only picked up Habib because he was with them. However, Diab and Ademi are soon returned to Germany and then released, while Habib is renditioned to Egypt and tortured there, and then sent to the US-run Guantanamo prison in Cuba (see October 29, 2001-April 2002). [Australian Broadcasting Corporation, 7/20/2004; Rasul, Iqbal, and Ahmed, 7/26/2004 pdf file]

Entity Tags: Bechim Ademi, Al-Qaeda, Mamdouh Habib, Ibrahim Diab

Category Tags: Detainments, Other Detainees

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

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

Timeline Tags: Civil Liberties

Category Tags: High-level Decisions and Actions, Military Commissions / Tribunals, Key Events

Shortly after the US invasion of Afghanistan (see October 19, 2001), the CIA takes control of an abandoned brick factory, and turns it into a training facility and secret prison. The facility, code-named the “Salt Pit,” is a 10-acre facility just north of Kabul. It is used to train Afghan counterterrorism forces and to house prisoners. The agency intends the Salt Pit to be a “host-nation facility,” manned and operated entirely by Afghans, in part so that CIA officials cannot be held accountable for the actions taken by the Afghan guards and interrogators. Similar methodologies are used in secret CIA prisons in other countries. However, the CIA pays the entire cost of maintaining the facility. It vets the guards who work there, and decides which prisoners will be kept in the facility, including some senior al-Qaeda operatives who will eventually be transferred to other facilities such as Guantanamo. Sometime before March 2005, the CIA will transfer its operations to another facility, and the Salt Pit will be demolished. [ABC News, 11/18/2005]

Entity Tags: Central Intelligence Agency

Category Tags: High-level Decisions and Actions, Salt Pit (Afghanistan)

The Justice Department announces that it has put 1,182 people into secret custody since 9/11. Most all of them are from the Middle East or South Asia. [New York Times, 8/3/2002] After this it stops releasing new numbers, but human rights groups believe the total number could be as high as 2,000. [Independent, 2/26/2002] Apparently this is roughly the peak for secret arrests, and eventually most of the prisoners are released, and none are charged with any terrorist acts (see July 3, 2002; December 11, 2002). Their names will still not have been revealed (see August 2, 2002).

Entity Tags: US Department of Justice

Timeline Tags: Complete 911 Timeline, 9/11 Timeline, Civil Liberties

Category Tags: Indefinite Detention, Detainments, Abrogation of Rights, Ghost Detainees

Newsweek columnist Jonathan Alter writes: “We can’t legalize physical torture; it’s contrary to American values. But even as we continue to speak out against human rights abuses around the world, we need to keep an open mind about certain measures to fight terrorism, like court-sanctioned psychological interrogation. And we’ll have to think about transferring some suspects to our less squeamish allies, even if that’s hypocritical. Nobody said this was going to be pretty.” [Newsweek, 11/5/2001]

Entity Tags: Jonathan Alter

Category Tags: Rendition after 9/11, Statements/Writings about Torture

In conjunction with the Federalist Society, the Heritage Foundation publishes a legal paper that appears to reflect much of the thinking at this time of prominent White House and Justice Department lawyers. The paper espouses the use of military commissions, arguing that this will offer the government several advantages. “In particular,” the paper’s authors argue, “trials before military tribunals need not be open to the general public and they may be conducted on an expedited basis, permitting the quick resolution of individual cases and avoiding the disclosure of highly sensitive intelligence material, which would have to be made public in an ordinary criminal trial.” The disadvantage of a normal trial would be that they would be limited by constitutional rules with regard to “what can be done to protect classified information.” In addition, in “federal district courts, the government has an obligation under Article III and the Sixth Amendment to conduct a ‘public trial’ and present to the jury, in open court, the facts on which it is relying to establish a defendant’s guilt.” But the authors do acknowledge that “[t]he use of military commissions with respect to individuals not regularly enrolled in a military force, represents a clear departure from normal legal processes and some of America’s most fundamental judicial traditions.” Surprisingly, the Geneva Conventions of 1949 are not mentioned even once. Almost in passing, the authors suggest an option that is to become reality. “[I]t is likely,” they write, “that the Supreme Court would allow the trial overseas by military commission of al-Qaeda members captured in Afghanistan, regardless of how it would treat defendants in this country.” [Rivkin, Casey, and Bartram, 11/5/2001; Rivkin, Casey, and Bartram, 11/5/2001] It is an indication that by this time the government contemplates using the US Naval Station at Guantanamo Bay, which is formally on Cuban soil, to accommodate suspected al-Qaeda and Taliban detainees.

Entity Tags: US Department of Justice, Geneva Conventions, Heritage Foundation, Federalist Society, Bush administration (43)

Category Tags: Statements/Writings about Torture, Military Commissions / Tribunals, Guantanamo (US Base in Cuba)

The Geneva Conventions are mentioned in a memo issued the day after the publication of the Heritage Foundation paper (see November 5, 2001), but only to suggest that suspected terrorists should not be entitled to the rights enclosed in them. Patrick F. Philbin, a deputy in the OLC, sends a confidential 35-page memo to the White House legal counsel Gonzales, arguing that the president, as Commander-in-Chief, has “inherent authority” to establish military commissions without authorization from the US Congress. The 9/11 attacks are themselves “plainly sufficient” to justify the application of the laws of war. Furthermore, putting terrorists on trial under the laws of war, “does not mean,” according to Philbin, “that terrorists will receive the protections of the Geneva Conventions or the rights that laws of war accord to lawful combatants.” The Philbin memo will serve as a basis for a Presidential order (see November 13, 2001) establishing the option of military commissions, which will be drafted by Deputy White House Counsel Timothy E. Flanigan and David S. Addington, the legal counsel to Vice President Cheney. [New York Times, 10/24/2004]

Entity Tags: Patrick F. Philbin, Alberto R. Gonzales

Category Tags: High-level Decisions and Actions, Military Commissions / Tribunals, Internal Memos/Reports

Alan Dershowitz.Alan Dershowitz. [Source: Huffington Post]The Los Angeles Times publishes an op-ed piece by Harvard law professor Alan M. Dershowitz arguing that the use of torture should be permissible in situations where an imminent large-scale threat against human life can be averted by forcibly obtaining intelligence from an uncooperative suspect. Dershowitz reasons that in such “ticking bomb” scenarios, a judge should be able to provide “torture warrants,” giving the FBI authorization “to employ specified forms of non-lethal physical pressure to compel” a suspect, who has been granted immunity from prosecution, to talk. He also says that since there is no doubt that torture would be used in such cases anyway, it should be regulated. “If we are to have torture, it should be authorized by the law,” he writes. [Los Angeles Times, 11/8/2001]

Entity Tags: Alan M. Dershowitz

Category Tags: Key Events, Statements/Writings about Torture

William J. Haynes.William J. Haynes. [Source: US Defense Department]William J. Haynes, Defense Secretary Donald Rumsfeld’s general counsel, shows a draft of a presidential order establishing military commissions to Colonel Lawrence J. Morris, a judge advocate general (JAG) attorney with strong experience in military justice and the laws of war. Morris heads a Pentagon legal team that has so far been excluded from the discussion on how suspected terrorists should be prosecuted. Col. Morris is given just 30 minutes to read the draft but is not allowed to keep a copy or even take notes. The next day, the Army’s Judge Advocate General, Major General Thomas J. Romig, hastily convenes a meeting of Pentagon lawyers to prepare suggestions for improvement, with an eye on bringing the order closer to existing military legal standards. The final order, however, includes none of the lawyer’s recommendations. “They hadn’t changed a thing,” a military official will later recall. [New York Times, 10/24/2004; Savage, 2007, pp. 138]

Entity Tags: Lawrence J. Morris, William J. Haynes

Timeline Tags: Civil Liberties

Category Tags: High-level Decisions and Actions, Military Commissions / Tribunals, Key Events

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

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

Timeline Tags: Civil Liberties

Category Tags: High-level Decisions and Actions, Military Commissions / Tribunals, Key Events

The Army’s Judge Advocate General, Major General Thomas J. Romig, hastily meets with JAG lawyers Colonel Lawrence Morris and Brigadier General Scott Black to prepare suggestions for improving a draft presidential order establishing military commissions (see Late October 2001 and November 9, 2001), with an eye on bringing the order closer to existing military legal standards. The order is modeled on a single World War II military commission (see 1942), and ignores the body of relevant law that came after that commission, including the Uniform Code of Military Justice and the Geneva Conventions (see November 6, 2001). In their view, the Bush administration seems determined to ignore 60 years of law and go back to a rough system of justice that, Romig will later say, “was going to be perceived as unfair because it was unnecessarily archaic.” The three work through the Veterans’ Day weekend on a number of suggestions that would bring the order closer to existing military legal standards. The final order, however, will include none of the lawyer’s recommendations. “They hadn’t changed a thing,” a military official will later recall. [New York Times, 10/24/2004; Savage, 2007, pp. 137-138]

Entity Tags: Thomas J. Romig, Lawrence J. Morris, Scott Black, Bush administration (43)

Timeline Tags: Civil Liberties

Category Tags: High-level Decisions and Actions, Military Commissions / Tribunals, Key Events

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

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

Timeline Tags: Civil Liberties

Category Tags: High-level Decisions and Actions, Military Commissions / Tribunals, Presidential Directives, Key Events

In a speech to the US Chamber of Commerce, Vice President Cheney tells his audience that terror suspects do not deserve to be treated as prisoners of war. Cheney is laying the groundwork for the general acceptance of President Bush’s order that terror suspects are to be denied access to the US judicial system (see November 13, 2001). Asked about Bush’s proposed military tribunals for dealing with charges against suspected terrorists, Cheney says that according to Bush’s order, he and he alone will decide whether a suspect is tried in a military tribunal. Cheney continues: “Now some people say, ‘Well, gee, that’s a dramatic departure from traditional jurisprudence in the United States.’ It is, but there’s precedents for it.… The basic proposition here is that somebody who comes into the United States of America illegally, who conducts a terrorist operation killing thousands of innocent Americans, men, women, and children, is not a lawful combatant. They don’t deserve to be treated as a prisoner of war. They don’t deserve the same guarantees and safeguards that would be used for an American citizen going through the normal judicial process. This—they will have a fair trial, but it’ll be under the procedures of a military tribunal and rules and regulations to be established in connection with that. We think it’s the appropriate way to go. We think it’s—guarantees that we’ll have the kind of treatment of these individuals that we believe they deserve.” [White House, 11/14/2001] Many in the administration are disturbed at Cheney’s remarks, as Bush has not yet publicly made this decision (see November 13, 2001). [Washington Post, 6/24/2007]

Entity Tags: George W. Bush, Richard (“Dick”) Cheney, Bush administration (43)

Category Tags: Detainments, High-level Decisions and Actions, Impunity, Indefinite Detention, Legal Proceedings, Abrogation of Rights

The UN Special Rapporteur on the Independence of Judges and Lawyers, Param Cumaraswamy, sends an urgent appeal to Washington regarding President Bush’s November 13 military order (see November 13, 2001). [BBC Radio 4, 7/13/2003]

Entity Tags: Param Cumaraswamy, Colin Powell, George W. Bush

Category Tags: High-level Decisions and Actions

Scorching criticism of President Bush’s Executive Order (see November 13, 2001) comes from the Center for National Security Studies, which says it “violates separation of powers as the creation of military commissions has not been authorized by the Congress and is outside the president’s constitutional powers.” The order is also an “unconstitutional attempt to suspend the writ of habeas corpus.” [Center for National Security Studies, 11/19/2001] Law professor Kathleen Clark similarly states: “These military tribunals are troubling in many respects, particularly in their denial of basic due process protection for defendants. But even apart from this question of civil liberties, this presidential order is unconstitutional because the president lacks the authority under the constitution and statutory law to create this kind of court.” [Center for Democracy and Technology, 11/19/2001]

Entity Tags: Kathleen Clark, Center for National Security Studies

Timeline Tags: Civil Liberties

Category Tags: Criticisms of US, Military Commissions / Tribunals, Key Events

When US Secretary of Defense Donald Rumsfeld is asked by a reporter what the US might do to prevent the Arab Taliban and Chechen soldiers surrendering in Kunduz from going free, Rumsfeld responds, “It would be most unfortunate if the foreigners in Afghanistan—the al-Qaeda and the Chechens and others who have been there working with the Taliban—if those folks were set free and in any way allowed to go to another country and cause the same kind of terrorist acts.” [US Department of Defense, 11/20/2001; Fox News, 11/22/2001; Associated Press, 11/22/2001]

Entity Tags: Taliban, Donald Rumsfeld, Al-Qaeda

Timeline Tags: War in Afghanistan

Category Tags: High-level Decisions and Actions, Public Statements, Qala-i-Janghi Massacre

Qala-i-Janghi fortress.Qala-i-Janghi fortress. [Source: CNN/House of War]After a sleepless night in the overcrowded basement in Dostum’s fortress, a group of Taliban prisoners, including John Walker Lindh, are led out, one by one, by the guards. They are searched, tied up and later seated in rows on an open lawn. [Newsweek, 12/1/2001; Guardian, 12/1/2001] Simon Brooks, head of the International Committee for the Red Cross in northern Afghanistan, arrives at the Qala-i-Janghi compound seeking an assurance from Said Kamal, Dostum’s security chief, that the prisoners will be treated in accordance with international law. He also wants to write the prisoners’ names down and get messages for their families. [Guardian, 12/1/2001] Another official from the Red Cross, Olivier Martin, is also inside Qala-i-Janghi making sure that the prisoners are being cared for in accordance with the Geneva Conventions. [Independent, 11/29/2001] Meanwhile, Northern Alliance fighters are tying up prisoners at the south end of the fortress. [London Times, 11/28/2001; Guardian, 11/29/2001; Guardian, 12/1/2001] The prisoners are scared and think the Northern Alliance is preparing to execute them. They believe that the two television crews—from Reuters and the German station ARD—present intend to film their deaths. One of the prisoners recalls, “Our hands were tied, and they were beating and kicking some of us. Some of the Mujahedin [Taliban] were scared, crying. They thought we were all going to be killed.” [New York Times, 11/28/2001; Newsweek, 12/1/2001; Guardian, 12/1/2001] One guard hits Lindh in the back of his head, so hard that he “nearly [loses] consciousness.” [United States of America v. John Walker Lindh, 6/13/2002 pdf file]

Entity Tags: Taliban, Northern Alliance, John Walker Lindh, Simon Brooks, Olivier Martin, International Committee of the Red Cross

Timeline Tags: War in Afghanistan

Category Tags: Human Rights Groups, Physical Assault, Qala-i-Janghi Massacre, John Walker Lindh, Key Events

A Taliban fighter killed in the battle for Qala-i-Janghi fortress.A Taliban fighter killed in the battle for Qala-i-Janghi fortress. [Source: CNN/House of War]Amnesty International calls for an inquiry into the violence at Qala-i-Janghi. The organization states, “An urgent inquiry should look into what triggered this violent incident, including any shortcomings in the holding and processing of the prisoners, and into the proportionality of the response by United Front, US, and UK forces. It should make urgent recommendations to ensure that other instances of surrender and holding of prisoners do not lead to similar disorders and loss of life, and that the key role of the International Committee of the Red Cross (ICRC) in overseeing the processing and treatment of prisoners is facilitated.” [Amnesty International, 11/27/2001]

Entity Tags: Amnesty International

Timeline Tags: War in Afghanistan

Category Tags: Human Rights Groups, Qala-i-Janghi Massacre

The “Tipton Three.” From left: Shafiq Rasul, Rhuhel Ahmed, and Asif Iqbal.The “Tipton Three.” From left: Shafiq Rasul, Rhuhel Ahmed, and Asif Iqbal. [Source: Martin Cleaver / Associated Press]Three young men from Tipton in the English West Midlands, all British citizens, find themselves detained in Afghanistan by the Northern Alliance. [Guardian, 8/4/2004] Shafiq Rasul, of Pakistani descent, and a temporary employee with Currys, flew to Pakistan in October 2001 [Guardian, 3/10/2004] in order, he claims, “to visit relatives…, explore his culture, and continue his computer studies.” While in Pakistan, he was seized “after leaving a visit with his aunt.” Asif Iqbal, a factory worker, traveled to Pakistan with the intention “to marry a woman from his father’s small village.” [Petitioners' Brief on the Merits. Shafiq Rasul, et al., v. George W. Bush, et al., 3/3/2004 pdf file] Shortly before the marriage was to take place, Iqbal told his father he wanted to visit a friend in Karachi. [Petitioners' Brief on the Merits. Shafiq Rasul, et al., v. George W. Bush, et al., 3/3/2004 pdf file] While still in Pakistan, he too was captured. [Petitioners' Brief on the Merits. Shafiq Rasul, et al., v. George W. Bush, et al., 3/3/2004 pdf file] The third man from Tipton, Rhuhel Ahmed, is a friend of Iqbal, also a factory worker and is the same age. Ahmed flew to Pakistan shortly after his friend. [Guardian, 3/10/2004] In 2007, Ahmed will confess that he visited an Islamist training camp and also handled weapons and learned how to use an AK47. [Observer, 6/3/2007] The three narrowly escape death when they are loaded along with almost 200 others into containers for transport to Sheberghan prison. The journey takes almost eighteen hours, during which almost all die due to lack of oxygen and shot wounds caused by Northern Alliance troops who at one point riddle the containers with bullets. Asif is shot in the arm. The three are among the only 20 prisoners who survive. [Rasul, Iqbal, and Ahmed, 7/26/2004 pdf file]

Entity Tags: Asif Iqbal, Northern Alliance, Rhuhel Ahmed, Shafiq Rasul

Timeline Tags: War in Afghanistan

Category Tags: Detainments, Prisoner Deaths, Medical Services Denied, Asif Iqbal, Rhuhel Ahmed, Shafiq Rasul, Other US Bases and Centers

A mass grave dug up near Mazar-i-Sharif, Afghanistan.
A mass grave dug up near Mazar-i-Sharif, Afghanistan. [Source: Physicians for Human Rights]Even as the US is allowing some Taliban and al-Qaeda to secretly fly out of Kunduz, Afghanistan (see November 14-25, 2001), it allows a brutal massacre of those who had to stay behind. The Glasgow Sunday Herald later says, “It seems established, almost beyond doubt, that US soldiers oversaw and took part in horrific crimes against humanity,” which resulted in the death of thousands of Taliban supporters who surrendered after Kunduz fell to the Northern Alliance. The documentary, Afghan Massacre: Convoy of Death, exposes this news widely in Europe, but the massacre goes virtually unreported in the US. [Sunday Herald (Glasgow), 6/16/2002]

Entity Tags: Northern Alliance, United States, Taliban

Timeline Tags: Complete 911 Timeline, War in Afghanistan

Category Tags: Prisoner Deaths

The Justice Department sends a memo to the CIA approving inter alia the agency’s application of sleep deprivation, the use of phobias, and the deployment of “stress factors” in interrogating terrorist suspects. The only clear prohibition is “causing severe physical or mental pain.” [Newsweek, 5/24/2004] The CIA had requested legal guidance from the Justice Department on how to make interrogations more effective. The need to improve its methods was becoming pressing as the US was getting its hands on increasing numbers of people from the Afghan theater of operations. [Washington Post, 6/9/2004]

Entity Tags: Central Intelligence Agency, US Department of Justice

Category Tags: High-level Decisions and Actions, Internal Memos/Reports

According to a 2009 Senate Armed Services Committee report (see April 21, 2009), US counterterrorism officials are growing frustrated at the lack of “useful leads” coming from interrogations of suspected terrorists. The officials are particularly concerned with what one Army major will later recall as “establishing a link between al-Qaeda and Iraq.” The lack of actionable intelligence will result in military interrogators resorting to much harsher interrogation methods. [Washington Post, 4/22/2009]

Entity Tags: Senate Armed Services Committee, Al-Qaeda

Category Tags: Independent Investigations, Military Commissions / Tribunals

On September 17, 2001, President Bush gave the CIA broad powers to interrogate prisoners (see September 17, 2001), but the CIA does not have many officers trained in interrogation. As a result, in late 2001 and early 2002, while the CIA waits for high-ranking al-Qaeda leaders to be captured, senior CIA officials begin investigating which interrogation procedures to use. [New York Times, 9/10/2006] The CIA “construct[s] its program in a few harried months by consulting Egyptian and Saudi intelligence officials and copying Soviet interrogation methods long used in training American servicemen to withstand capture.” [New York Times, 10/4/2007] Both Egypt and Saudi Arabia are notorious for their brutal and widespread use of torture. The Soviet interrogation techniques mentioned were designed not to get valuable intelligence, but to generate propaganda by getting captured US soldiers to make statements denouncing the US. The CIA hires two psychologists willing to use the techniques, James Elmer Mitchell and Bruce Jessen, even though the two have no never conducted any real world interrogations and there is no evidence at the time (or later) that the Soviet torture techniques are effective in obtaining valuable intelligence and not just false confessions (see Mid-April 2002). [New York Times, 9/10/2006; New York Times, 10/4/2007] In mid-March 2002, the CIA will draw up a list of ten permissible aggressive interrogation techniques based on the advice from these governments and psychologists (see Mid-March 2002).

Entity Tags: James Elmer Mitchell, Bruce Jessen, Central Intelligence Agency

Timeline Tags: Complete 911 Timeline

Category Tags: High-level Decisions and Actions, Destruction of CIA Tapes

Yaser Esam Hamdi in Afghanistan shortly after being captured there.Yaser Esam Hamdi in Afghanistan shortly after being captured there. [Source: Virginian Pilot]Yaser Esam Hamdi, who holds dual Saudi and US citizenship, is captured in Afghanistan by the Northern Alliance and handed over to US forces. According to the US government, at the time of his arrest, Hamdi carries a Kalashnikov assault rifle and is traveling with a Taliban military unit. The following month he will be transferred to Guantanamo. In April 2002, it will be discovered he is a US citizen. He will be officially be declared an “enemy combatant” and transferred to a Navy brig in Norfolk, Virginia (see April 2002). [CNN, 10/14/2004]

Entity Tags: Yaser Esam Hamdi

Timeline Tags: Complete 911 Timeline, War in Afghanistan

Category Tags: Detainments, Yaser Esam Hamdi

Mohamed al-Khatani.Mohamed al-Khatani. [Source: Defense Department]Saudi national Mohamed al-Khatani is captured at the Pakistani-Afghan border and transferred to US authorities. [Washington File, 6/23/2004] He tells his captors that he was in Afghanistan to pursue his love of falconry, an explanation no one takes seriously. [Time, 6/12/2005] His identity and nationality are at this time unknown. However, investigators will later come to believe he was an intended twentieth hijacker for the 9/11 plot (see July 2002).

Entity Tags: Mohamed al-Khatani

Timeline Tags: Complete 911 Timeline, War in Afghanistan

Category Tags: Detainments, Mohamed al-Khatani

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

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

Category Tags: High-level Decisions and Actions, Indications of Abuse, SERE Techniques, Key Events

Defense Secretary Donald Rumsfeld authorizes the creation of a “special-access program,” or SAP, with “blanket advance approval to kill or capture and, if possible, interrogate ‘high value’ targets in the Bush administration’s war on terror.” The operation, known as “Copper Green,” is approved by Condoleezza Rice and known to President Bush. A SAP is an ultra secret project, the contents of which are known by very few officials. “We’re not going to read more people than necessary into our heart of darkness,” a former senior intelligence official tells investigative reporter Seymour Hersh. The SAP is brought up occasionally within the National Security Council (NSC), chaired by the president and members of which are Rumsfeld, Cheney, and Powell. The former intelligence official tells Hersh, “There was a periodic briefing to the National Security Council giving updates on results, but not on the methods.” He also says he believes NSC members know about the process by which these results are acquired. This official claims that fewer than two hundred operatives and officials, including Rumsfeld and Joint Chiefs of Staff Chairman Gen. Richard Myers were “completely read into the program.” Under-Secretary of Defense for Intelligence Stephen Cambone is generally in charge of running such operations. Motive for the SAP comes from an initial freeze in the results obtained by US agents from their hunt for al-Qaeda. Friendly foreign intelligence services on the other hand, from countries in the Middle East and South-East Asia, which employ more aggressive tactics on prisoners, are giving up much better information by the end of 2001. By authorizing the SAP, Rumsfeld, according to Hersh, desires to adopt these tactics and thus increase intelligence results. “Rumsfeld’s goal was to get a capability in place to take on a high-value target—a stand-up group to hit quickly,” the former intelligence official tells Hersh. The program’s operatives were recruited from among Delta Force, Navy Seals, and CIA’s paramilitary experts. They are permitted to carry out “instant interrogations—using force if necessary—at secret CIA detention centers scattered around the world.” Information obtained through the program is sent to the Pentagon in real-time. The former intelligence official tells Hersh: “The rules are ‘Grab whom you must. Do what you want.’” The operation, according to Seymour Hersh, “encouraged physical coercion and sexual humiliation.” [New Yorker, 5/24/2004; Guardian, 9/13/2004] Both the Defense Department and CIA deny the existence of Copper Green. One Pentagon spokesman says of Hersh’s article about it, “This is the most hysterical piece of journalist malpractice I have ever observed.” [CNN, 5/17/2004]

Entity Tags: Stephen A. Cambone, Richard B. Myers, Richard (“Dick”) Cheney, George W. Bush, Colin Powell, Condoleezza Rice, Donald Rumsfeld, Operation Copper Green

Timeline Tags: Complete 911 Timeline

Category Tags: High-level Decisions and Actions, Key Events, Operation Copper Green

Mehdi Ghezali, a Muslim Swede, is arrested by Pakistani police and handed over to US authorities. According to an account provided by Ghezali in 2004, he was kidnapped by Pakistani villagers shortly after crossing into Pakistan from Afghanistan where he was visiting a friend. The villagers sold him to the Pakistani police who then gave him to the Americans. He was then flown back to Afghanistan. [Reuters, 7/14/2004; Agence France-Presse, 7/14/2004]

Entity Tags: Mehdi Ghezali

Category Tags: Detainments, Other Detainees

British national Tarek Dergoul and two Pakistani friends, who arrived in Afghanistan shortly after 9/11 (see Shortly After September 11, 2001) to purchase houses, stay in the Afghan town of Jalalabad. That night, the house where they are sleeping is bombed, and Dergoul’s friends are killed in the blast. Dergoul goes outside when another bomb explodes nearby, wounding him with shrapnel. He then lies among the ruins, unable to walk, for at least a week. His left arm, hit with shrapnel, is severely damaged and a large part will later be amputated. At night the cold is so severe that his toes turn black from frostbite. Eventually, troops loyal to the Northern Alliance find him, treat him well and take him to a hospital where he undegoes three operations. But after five weeks, someone decides to make a profit on him. Dergoul is taken to an airfield, where a US helicopter arrives to pick him up. His captors are paid the standard fee of $5,000, according to Dergoul. From there, he is flown to the US air base at Bagram. [Observer, 5/16/2004]

Entity Tags: Tarek Dergoul

Timeline Tags: War in Afghanistan

Category Tags: Detainments, Bagram (Afghanistan), Tarek Dergoul

According to US military officials, the USS Bataan and USS Peleliu are used as prison ships to hold captives suspected of terrorist activities, including “American Taliban” John Walker Lindh (see December 14, 2001). Both vessels are operating in the Indian Ocean. The use of US naval vessels as prison ships is kept extremely secret; the press will not learn of the incidents for years, and even then, details will be sketchy. Questioned in 2004 about the use of US military ships as “floating prisons” (see June 2, 2008), Rear Admiral John Stufflebeem will say: “I don’t know the specifics. Central command determines for either medical considerations, for the protection of those individuals, for the isolation in the sense of not having forces that would try to come get somebody out of a detention center, for a security aspect, and obviously an interest to continue interrogation.” The US may also use ships in and around the British-controlled island of Diego Garcia, in the Indian Ocean, to hold prisoners indefinitely and “off the books.” And the US may use its ships for what is called “extraordinary rendition”—the secret transportation of prisoners to foreign countries where they can be interrogated and tortured in ways proscribed by US law. US and British officials will repeatedly deny the use of Diego Garcia in any such “floating incarcerations” or renditions. [Guardian, 6/2/2008] One reason for the use of naval vessels as prison ships may be necessity: the US is capturing scores of prisoners in Afghanistan, but the first detainee facilities at Guantanamo Bay, Cuba will not open until January 2002 (see January 11, 2002).

Entity Tags: John Walker Lindh, John Stufflebeem

Category Tags: Indefinite Detention, Rendition after 9/11, Ghost Detainees, Diego Garcia

Wisam Ahmed, a young Jordanian who runs a clothes shop, traveled to Pakistan with his wife and newborn child for an annual religious pilgrimage in August 2001. As they are leaving for home, his bus is stopped at a checkpoint in Iran. Ahmed is forcibly removed because, as he later says, “they associated [my] headdress with al-Qaeda and must have overlooked the fact that it was also my national dress.” Through a process that will remain unexplained, the Iranian government turns Ahmed over to the US. In March 2002, Ahmed is immured in an Afghan prison he will call the “Dark Prison.” He will describe “unimaginable conditions that cannot be tolerated in a civilized society,” and spends 77 days there in a room that “was so dark that we couldn’t distinguish nights and days. There was no window, and we didn’t see the sun once during the whole time.” He is then moved to “Prison Number Three,” where the food is so bad he loses a significant amount of weight, and then transferred to Bagram Air Force Base for a 40-day stint, where the torture truly begins. According to his later statements, Ahmed is threatened by attack dogs, forced to watch torture videos, and intimidated in other ways. He later recalls: “[T]hey used to start up an electric saw and while they were sawing we would hear cries of agony. I thought they would cut me into pieces sooner or later.” He is later transferred to Guantanamo, where he will remain. [Future of Freedom Foundation, 4/27/2009]

Entity Tags: Wisam Ahmed

Category Tags: Detainments, Extreme Temperatures, Insufficient Food, Isolation, Physical Assault, Use of Dogs, Bagram (Afghanistan), Guantanamo (US Base in Cuba)

Taliban fighters killed in the battle for Qala-i-Janghi fortress.Taliban fighters killed in the battle for Qala-i-Janghi fortress. [Source: CNN/House of War]UN High Commissioner for Human Rights, Mary Robinson, joins Amnesty International (see November 27, 2001 and December 5, 2001) in a call for an investigation of killings at Qala-i-Jhangi. [Agence France-Presse, 12/1/2001]

Entity Tags: Mary Robinson

Timeline Tags: War in Afghanistan

Category Tags: Criticisms of US, Human Rights Groups, Qala-i-Janghi Massacre

As soon as he hears the news of his son’s capture in Afghanistan, John Walker Lindh’s father immediately hires James Brosnahan, a well-respected lawyer, on behalf of his son. On December 3, Brosnahan faxes a letter to Secretary of State Colin Powell, Attorney General John Ashcroft, Defense Secretary Donald Rumsfeld, and CIA Director George Tenet. He introduces himself as Lindh’s lawyer, expresses his wish to see him, and states: “Because [Lindh] is wounded and, based upon press reports, went for three days without food, I would ask that any further interrogation be stopped, especially if there is any intent to use it in any subsequent legal proceedings.” When Brosnahan receives no reply, he writes again, “I would ask that no further interrogation of my client occur until I have the opportunity to speak with him. As an American citizen, he has the right to counsel and, under all applicable legal authorities, I ask for the right to speak with my client as soon as possible.” On December 5, still having received no reply, he urges that “we have a conversation today.” Again, no reply comes. [Los Angeles Times, 3/23/2002; World Socialist Web Site, 3/27/2002; New Yorker, 3/3/2003]

Entity Tags: John Walker Lindh, George J. Tenet, Donald Rumsfeld, Colin Powell, John Ashcroft, James Brosnahan

Timeline Tags: War in Afghanistan

Category Tags: High-level Decisions and Actions, John Walker Lindh

Around the third day at the school (see December 2-5, 2001), probably on December 5, accused terrorist John Walker Lindh, unaware of the fact that a lawyer has been hired for him, is interrogated by two military officers. The questioning goes on for two or three days in sessions lasting several hours at a time. Again no Miranda warnings are given (see December 2, 2001). [United States of America v. John Walker Lindh, 6/13/2002 pdf file] There is some discussion, however, among military personnel about whether Lindh should be advised of his right against self-incrimination. An Army intelligence officer is advised that instructions have come from “higher headquarters” for interrogators to coordinate Lindh’s interrogation with military lawyers. The intelligence officer asks to be faxed a Miranda form, but, according to the documents, “he never [gets] it.” The officer, however, adds that he is “in the business of collecting [intelligence] information, not in the business of Mirandizing.” After the first hour of interrogation, according to the documents, the interrogator provides the admiral in charge of Mazar-i-Sharif with a summary of what the interrogators have so far collected. The admiral tells him that the secretary of Defense’s counsel has authorized him to “take the gloves off” and ask whatever he wants. The unnamed counsel in question may well have been Defense Department chief counsel William J. Haynes. The initial responses Lindh gives to his interrogators are, according to the documents, cabled to Washington every hour. [Los Angeles Times, 6/9/2004] After the interrogations are ended, Lindh is told his conditions will improve. From then on, he is given a third meal a day and no longer held at gunpoint 24 hours a day. [United States of America v. John Walker Lindh, 6/13/2002 pdf file]

Entity Tags: William J. Haynes, John Walker Lindh

Timeline Tags: War in Afghanistan

Category Tags: High-level Decisions and Actions, Abrogation of Rights, John Walker Lindh

Amnesty International issues a second call for an inquiry “into the large-scale killing of captured Taliban fighters and others at a fort on the outskirts of Mazar-i Sharif.” Amnesty insists that the “events at the Qala-i-Jhanghi fort must not simply be brushed under the carpet, like so many other killings before them.” [Amnesty International, 12/5/2001]

Entity Tags: Amnesty International, Taliban

Timeline Tags: War in Afghanistan

Category Tags: Human Rights Groups, Qala-i-Janghi Massacre

At the Justice Department, an attorney-adviser in the Professional Responsibility Advisory Office (PRAO) named Jesselyn Radack provides a federal prosecutor in the terrorism and violent crimes section of the Criminal Division with advice on John Walker Lindh’s case. She informs him that “The FBI wants to interview American Taliban member John Walker [Lindh] some time next week… about taking up arms against the US.” She also writes: “I consulted with a senior legal adviser here at PRAO and we don’t think you can have the FBI agent question Walker. It would be a pre-indictment, custodial overt interview, which is not authorized by law.” She also advises him to have the FBI agent inform Lindh that his parents hired attorneys for him and ask him whether he wants to be represented by them. [Newsweek, 12/7/2001] In 2009, Radack will recall: “I was called with the specific question of whether or not the FBI on the ground could interrogate [Lindh] without counsel. And I had been told unambiguously that Lindh’s parents had retained counsel for him (see December 3-5, 2001). I gave that advice on a Friday, and the same attorney at Justice who inquired called back on Monday and said essentially, ‘Oops, they did it anyway. They interrogated him anyway. What should we do now?’ My office was there to help correct mistakes. And I said, ‘Well, this is an unethical interrogation, so you should seal it off and use it only for intelligence-gathering purposes or national security, but not for criminal prosecution.’ A few weeks later, Attorney General Ashcroft held one of his dramatic press conferences, in which he announced a complaint being filed against Lindh. He was asked if Lindh had been permitted counsel. And he said, in effect, ‘To our knowledge, the subject has not requested counsel.’ That was just completely false. About two weeks after that he held another press conference, because this was the first high-profile terrorism prosecution after 9/11. And in that press conference he was asked again about Lindh’s rights, and he said that Lindh’s rights had been carefully, scrupulously guarded, which, again, was contrary to the facts, and contrary to the picture that was circulating around the world of Lindh blindfolded, gagged, naked, bound to a board.” [Vanity Fair, 2/2009] Shortly thereafter, Radack will be fired from, and investigated by, the Justice Department (see Late December 2001 - 2002).

Entity Tags: John Ashcroft, Jesselyn Radack, John Walker Lindh, US Department of Justice

Timeline Tags: War in Afghanistan

Category Tags: High-level Decisions and Actions, John Walker Lindh

After two days naked, hungry, in pain and sleepless in the cold container (see December 7-8, 2001, John Walker Lindh is dressed in hospital garb and carried, still blindfolded and handcuffed, to a nearby room or tent. As his blindfold is removed, Lindh finds himself in the presence of an FBI agent. From an “advice of rights” form, the agent begins to read Lindh his Miranda rights. Where the form refers to the right to an attorney, the FBI agent adds, “Of course, there are no lawyers here.” Lindh nevertheless asks if he can see an attorney, but the FBI agent repeats his statement that there are no attorneys present. Lindh then signs a Miranda waiver of his constitutional Fifth Amendment right to remain silent and to consult an attorney, believing he would otherwise return to the conditions to which he was previously subjected, or that a worse fate may await him. The subsequent interrogation by the FBI agent lasts at least three hours. [United States of America v. John Walker Lindh, 6/13/2002 pdf file]

Entity Tags: Federal Bureau of Investigation, John Walker Lindh

Timeline Tags: War in Afghanistan

Category Tags: Legal Proceedings, Abrogation of Rights, Poor Conditions, John Walker Lindh

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. [Peoria Journal Star, 12/19/2001; CNN, 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; CNN, 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; Progressive, 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) [CNN, 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. [Knight Ridder, 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.” [Knight Ridder, 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). [New York Times, 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; Progressive, 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. [CNN, 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]

Entity Tags: US Department of Justice, Mustafa Ahmed al-Hawsawi, Zacarias Moussaoui, Mohamed al-Khatani, Alice Fisher, Federal Bureau of Investigation, Mohamed Atta, Al-Qaeda, Bradley University, Osama bin Laden, Ali Saleh Kahlah al-Marri

Timeline Tags: Complete 911 Timeline

Category Tags: Detainments, Ali Saleh Kahlah al-Marri

Finally, John Walker Lindh has the bullet in his leg (see November 25, 2001) surgically removed. Lindh’s government prosecutors later claim the military “provided him the very same medical treatment provided to wounded United States military personnel.” However, as one commentator will observe: “It is difficult to believe that the United States military would delay for more than two weeks surgery to remove a bullet from a leg from one of its own soldiers or sailors.” [Sydney Morning Herald, 12/15/2001; World Socialist Web Site, 4/1/2002]

Entity Tags: John Walker Lindh

Timeline Tags: War in Afghanistan

Category Tags: Indications of Abuse, John Walker Lindh

In the middle of December, the US government discloses that some 7,000 Taliban and al-Qaeda members have been captured. While they are at that time mostly held by Afghan and Pakistani forces, they will all have to be screened so their leaders can stand trial. [San Francisco Chronicle, 12/22/2001]

Timeline Tags: War in Afghanistan

Category Tags: Other Events

Pakistan says it holds 88 suspected al-Qaeda members who were arrested earlier (see Mid-December 2001). [Associated Press, 12/19/2001]

Entity Tags: Al-Qaeda

Category Tags: Other Events

President Bush says he has not ruled out bringing treason charges against John Walker Lindh, a US citizen (see Late morning, November 25, 2001). While he at first called him a “poor boy” who was “misled,” Bush now says Lindh is a member of al-Qaeda. “Walker’s unique,” Bush says, “in that he’s the first American al-Qaeda fighter that we have captured.” [San Francisco Chronicle, 12/22/2001]

Entity Tags: Taliban, George W. Bush, John Walker Lindh, Al-Qaeda

Timeline Tags: War in Afghanistan

Category Tags: High-level Decisions and Actions, John Walker Lindh

After a week on the USS Peleliu (see December 14, 2001), President George Bush calls John Walker Lindh (see Late morning, November 25, 2001) an al-Qaeda fighter, who “is being well treated on a ship of ours.” [San Francisco Chronicle, 12/22/2001] Around the same time, it is reported that at least four other detainees are being held aboard the Peleliu [San Francisco Chronicle, 12/22/2001] and about 7,000 on the Afghan mainland. [Guardian, 12/21/2001]

Entity Tags: John Walker Lindh, George W. Bush

Category Tags: Other Events, USS Peleliu, John Walker Lindh

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

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

Timeline Tags: War in Afghanistan

Category Tags: Detainments, Guantanamo (US Base in Cuba), Kandahar (Afghanistan), USS Peleliu

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

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

Timeline Tags: Civil Liberties

Category Tags: High-level Decisions and Actions, Internal Memos/Reports, Guantanamo (US Base in Cuba), Key Events

Adel al-Nusairi, a Saudi Arabian police officer, is captured in Afghanistan and eventually sent to the US detention facility at Guantanamo. Al-Nusairi will recall that he is interrogated for hours on end, but only after being injected with some form of drug. “I’d fall asleep” after the shots, he will tell his attorney, Anant Raut, in 2005. After he is awakened, he is interrogated in marathon questioning sessions, where, he later claims, he gives false information in order to be left alone. “I was completely gone,” he will recall. “I said, ‘Let me go. I want to go to sleep. If it takes saying I’m a member of al-Qaeda, I will.’” After years of captivity, al-Nusairi is eventually returned to Saudi Arabia without being charged with a crime; he never learns what kind of drugs he was subjected to while in US custody. He believes he was given drugs in order to coerce him into making statements that would implicate him in terrorist activity. Raut will later recall: “They thought he was hiding something. He was injected in the arm with something that made him tired—that made his brain cloudy. When he would try to read the Koran, his brain would not focus. He had unusual lethargy and would drool on himself.” Al-Nusairi will recall one interrogation session in an ice-cold room where he is so cold and desperate for sleep that he signs a confession testifying to his involvement in al-Qaeda. According to al-Nusairi, the interrogator watched him sign his name, and “then he smiled and turned off the air conditioner. And I went to sleep.” Al-Nusairi is held for three years more until he is abruptly returned to Saudi custody and released. Raut will later muse, “He signed the statement, and they declared him an enemy combatant, yet they released him anyway with no explanation.” [Washington Post, 4/22/2008]

Entity Tags: Anant Raut, Adel al-Nusairi, Al-Qaeda

Timeline Tags: War in Afghanistan

Category Tags: Detainments, Forced Confessions, Involuntary Drugs, Guantanamo (US Base in Cuba)

The New York Times will later report that in 2002 and 2003, Michael Chertoff repeatedly advises the CIA about legality of some aggressive interrogation procedures. Chertoff is head of the Justice Department’s criminal division at the time, and will later become the homeland security secretary. Chertoff advises that the CIA can use waterboarding. And the Times will claim he approves techniques “that did not involve the infliction of pain, like tricking a subject into believing he was being questioned by a member of a security service from another country.” [New York Times, 1/29/2005] It will later be reported that the CIA tricked al-Qaeda leader Abu Zubaida into believing he was in the custody of the Saudis when in fact several US officials were merely pretending to be Saudis (see Early April 2002). Furthermore, Chertoff seems to have been advising on the legality of techniques used against Zubaida, strengthening allegations that ‘false flag’ trickery was used on him. “In interviews, former senior intelligence officials said CIA lawyers went to extraordinary lengths beginning in March 2002 to get a clear answer from the Justice Department about which interrogation techniques were permissible in questioning Abu Zubaida and other important detainees. ‘Nothing that was done was not explicitly authorized,’ a former senior intelligence said. ‘These guys were extraordinarily careful.’” Chertoff also opposed one technique that “appeared to violate a ban in the law against using a ‘threat of imminent death.’” [New York Times, 1/29/2005] This appears to match claims that the CIA proposed but did not implement a plan to place Zubaida into a coffin to convince him he was about to die (see Between Mid-April and Mid-May 2002).

Entity Tags: Central Intelligence Agency, Abu Zubaida, Michael Chertoff

Timeline Tags: Alleged Use of False Flag Attacks, Complete 911 Timeline

Category Tags: Abu Zubaida, High-level Decisions and Actions, Dangerous Conditions, Waterboarding, Destruction of CIA Tapes

In late 2001 or early 2002, Defense Secretary Donald Rumsfeld creates Operation Copper Green, which is a “special access program” with “blanket advance approval to kill or capture and, if possible, interrogate ‘high value’ targets.” especially al-Qaeda leaders (see Late 2001-Early 2002). According to a Pentagon counterterrorism consultant involved in the operation, the authorizations are “very calibrated” and vague in order to minimize political risk. “The CIA never got the exact language it wanted.” According to a high-level CIA official involved in the operation, the White House would hint to the CIA that the CIA should operate outside official guidelines to do what it wants to do. The CIA will later deny this, but CIA Director George Tenet will later acknowledge that there had been a struggle “to get clear guidance” in terms of how far to go during detainee interrogations. Slowly, official authorizations are expanded, and according to journalist Seymour Hersh, they turn “several nations in North Africa, the Middle East, and Asia into free-fire zones with regard to high-value targets.” But Copper Green has top-level secrecy and runs outside normal bureaucracies and rules. According to Hersh, “In special cases, the task forces could bypass the chain of command and deal directly with Rumsfeld’s office.” One CIA officer tells Hersh that the task-force teams “had full authority to whack—to go in and conduct ‘executive action,’” meaning political assassination. The officer adds, “It was surrealistic what these guys were doing. They were running around the world without clearing their operations with the ambassador or the chief of station.” [New Yorker, 6/17/2007] Another former intelligence official tells Hersh, “The rules are ‘Grab whom you must. Do what you want.’” [Guardian, 9/13/2004] The above-mentioned high-level CIA official will claim, “The dirt and secrets are in the back channel. All this open business—sitting in staff meetings, etc…, etc…—is the Potemkin Village stuff.” Over time, people with reservations about the program get weeded out. The official claims that by 2006, “the good guys… are gone.” [New Yorker, 6/17/2007]

Entity Tags: Seymour Hersh, Central Intelligence Agency, Donald Rumsfeld, Operation Copper Green, White House, George J. Tenet

Timeline Tags: Complete 911 Timeline

Category Tags: Coverup, Impunity, High-level Decisions and Actions, Operation Copper Green

A Pakistani man, referred to as “A.Z.,” is detained at Kandahar. According to his account, he is beaten while having his hands cuffed behind his back. “They made me lie down on a table with my face down, while two persons held me, one at my neck and the second at my feet. Both pressed me down hard on the table, and two others beat me on my back, my thighs and my arms with punches and their elbows. The beating lasted five or six minutes. Then the interrogations started.” The man is later sent to Guantanamo and released in 2003. [Human Rights Watch, 2004]

Entity Tags: A.Z.

Timeline Tags: War in Afghanistan

Category Tags: Detainments, Physical Assault, Kandahar (Afghanistan), Guantanamo (US Base in Cuba)

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

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

Category Tags: High-level Decisions and Actions, Guantanamo (US Base in Cuba)

Neoconservatives in Washington discuss in their internal memos how Arabs are particularly vulnerable to sexual humiliation. They often cite a book by anthropologist Raphael Patai, titled, The Arab Mind, which took note of Arab culture’s conservative views about sex. In one section of the book, Patai wrote, “The segregation of the sexes, the veiling of the women,… and all the other minute rules that govern and restrict contact between men and women, have the effect of making sex a prime mental preoccupation in the Arab world.” According to one academic source interviewed by Seymour Hersh, the book is “the bible of the neocons on Arab behavior.” Neoconservatives are convinced that “one,… Arabs only understand force and, two, that the biggest weakness of Arabs is shame and humiliation.” [New Yorker, 5/24/2004]

Timeline Tags: Neoconservative Influence

Category Tags: High-level Decisions and Actions, Sexual Humiliation, Internal Memos/Reports, Key Events

In the first months after 9/11, the FBI is generally in charge of captured al-Qaeda detainees and the assumption is that these detainees will be sent to the US for criminal prosecutions. However, beginning in January 2002, this policy begins to change. The highest ranking al-Qaeda detainee in US custody at the time, Ibn al-Shaykh al-Libi, is transfered from FBI to CIA custody and then flown to Egypt to be tortured by the Egyptian government (see January 2002 and After). ]]). Also in January, the CIA, not the FBI, begins secretly flying detainees to the US-controlled prison in Guantanamo, Cuba (see January 14, 2002-2005). Journalist James Risen will later comment, “By choosing the CIA over the FBI, [President] Bush was rejecting the law enforcement approach to fighting terrorism that had been favored during the Clinton era. Bush had decided that al-Qaeda was a national security threat, not a law enforcement problem, and he did not want al-Qaeda operatives brought back to face trial in the United States, where they would come under the strict rules of the American legal system.” [Risen, 2006, pp. 28] This change of policy culminates in the arrest of Abu Zubaida (see March 28, 2002). The Washington Post will later report, “In March 2002, Abu Zubaida was captured, and the interrogation debate between the CIA and FBI began anew. This time, when FBI Director Robert S. Mueller III decided to withhold FBI involvement, it was a signal that the tug of war was over. ‘Once the CIA was given the green light… they had the lead role,’ said a senior FBI counterterrorism official.” [Washington Post, 6/27/2004] The CIA decides that Guantanamo is too public and involves too many US agencies to hold important al-Qaeda detainees. By the time Zubaida is captured the CIA has already set up a secret prison in Thailand, and Zubaida is flown there just days after his capture (see March 2002). Risen will comment, “The CIA wanted secret locations where it could have complete control over the interrogations and debriefings, free from the prying eyes of the international media, free from monitoring by human rights groups, and most important, far from the jurisdiction of the American legal system.” [Risen, 2006, pp. 29-30]

Entity Tags: George W. Bush, Abu Zubaida, Federal Bureau of Investigation, Robert S. Mueller III, Ibn al-Shaykh al-Libi, Central Intelligence Agency

Timeline Tags: Complete 911 Timeline

Category Tags: High-level Decisions and Actions, Key Events, Abu Zubaida, Ibn al-Shaykh al-Libi, Coverup, Impunity, Destruction of CIA Tapes

More than 140 suspected Taliban and al-Qaeda members are transferred to an alleged US detention center in Kohat, Pakistan. According to one report, the Pakistani army is responsible for maintaining the external security of the prison, while US officials are responsible for security inside. As at Bagram, US officials interrogate prisoners in order to determine who should be transferred to Guantanamo Bay. According to Javed Ibrahim Paracha of the Pakistan Muslim League-N party, prisoners at Kohat are shackled and dressed only in shorts. Detainees are transferred in military planes only under the cover of night. [First, 6/2004 pdf file]

Entity Tags: Javed Ibrahim Paracha

Category Tags: Detainments, Poor Conditions, Other US Bases and Centers

At the request of CIA Director George Tenet, the White House orders the FBI to hand Ibn al-Shaykh al-Libi, a captured al-Qaeda operative being held in Afghanistan (see December 19, 2001), over to the CIA. One day before the transfer, a CIA officer enters al-Libi’s cell, interrupting an interrogation being conducted by FBI agent Russel Fincher, and tells al-Libi: “You’re going to Cairo, you know. Before you get there I’m going to find your mother and I’m going to f_ck her.” Soon after, al-Libi is flown to Egypt. [Newsweek, 6/21/2004; Washington Post, 6/27/2004; Isikoff and Corn, 2006, pp. 121] The CIA officer will later be identified as “Albert,” a former FBI translator. [Mayer, 2008, pp. 106] Presumably, this is the same former FBI translator named “Albert” who will later threaten al-Qaeda leader Abd al-Rahim al-Nashiri with a gun and drill during interrogations (see Between December 28, 2002 and January 1, 2003 and Late December 2002 or Early January 2003). [Associated Press, 9/7/2010] Vincent Cannistraro, former head of the CIA’s Counterterrorist Center, will later say: “He’s carried off to Egypt, who torture him. And we know that he’s going to be tortured. Anyone who’s worked on Egypt, has worked on other countries in the Middle East, knows that. Egyptians torture him, and he provides a lot of information.” [PBS Frontline, 6/20/2006]
Provides Mix of Valid, False Information - It is unclear whether al-Libi is interrogated solely by Egyptian officials, or by a combination of Egyptian and CIA interrogators. Al-Libi is subjected to a series of increasingly harsh techniques, including at least one, waterboarding, that is considered torture (see Mid-March 2002). Reputedly, he is finally broken after being waterboarded and then forced to stand naked in a cold cell overnight where he is repeatedly doused with cold water by his captors. Al-Libi is said to provide his Egyptian interrogators with valuable intelligence about an alleged plot to blow up the US Embassy in Yemen with a truck bomb, and the location of Abu Zubaida, who will be captured in March 2002 (see Mid-May 2002 and After). However, in order to avoid harsh treatment he will also provide false information to the Egyptians, alleging that Iraq trained al-Qaeda members in bomb making and poisons and gases. Officials will later determine that al-Libi has no knowledge of such training or weapons, and fabricates the statements out of fear and a desire to avoid further torture. Sources will later confirm that al-Libi did not try to deliberately mislead his captors; rather, he told them what he thought they wanted to hear. [ABC News, 11/18/2005; New York Times, 12/9/2005]
Using Allegations in White House Statements - Both President Bush (see October 7, 2002) and Secretary of State Colin Powell (see February 5, 2003) will include these allegations in major speeches.
Shifting Responsibility for Interrogations to CIA from FBI - The FBI has thus far taken the lead in interrogations of terrorist suspects, because its agents are the ones with most experience. The CIA’s apparent success with al-Libi contributes to the shift of interrogations from the bureau to the CIA. [Washington Post, 6/27/2004] Such methods as making death threats, advocated by the CIA, are opposed by the FBI, which is used to limiting its questioning techniques so the results from interrogations can be used in court. [Washington Post, 6/27/2004] “We don’t believe in coercion,” a senior FBI official says. [Guardian, 9/13/2004]

Entity Tags: “Albert”, Russell Fincher, George J. Tenet, Vincent Cannistraro, Ibn al-Shaykh al-Libi

Timeline Tags: Complete 911 Timeline, War in Afghanistan

Category Tags: Key Events, Detainments, Rendition after 9/11, Intimidation/Threats, Ibn al-Shaykh al-Libi

Two psychologists, James Mitchell and Bruce Jessen, draft a paper on the use of harsh interrogations to break suspected al-Qaeda terrorists. Mitchell, a retired Air Force psychologist, and Jessen, the senior psychologist in charge of the Joint Personnel Recovery Agency (JPRA)‘s Survival, Evasion, Resistance, and Escape (SERE) training program, will soon begin consulting for both the Pentagon and a variety of US intelligence agencies on the harsh methods—torture—they advocate. Jessen proposes an interrogation program similar to those later adopted by the CIA and Pentagon. His proposal recommends creating what he calls an “exploitation facility,” off-limits to outside observers including journalists and representatives of the International Committee of the Red Cross, the agency detailed to ensure that captives in the custody of other nations are being treated properly in accordance with the Geneva Conventions. In the “exploitation facility,” interrogators would use such tactics as sleep deprivation, physical violence, and waterboarding to break the resistance of captured terrorism suspects. JPRA officials will later add their own suggestions to Jessen’s initial list, including sexually provocative acts by female interrogators and the use of military dogs. Most of these techniques are considered torture under the Geneva Conventions and the Convention Against Torture. [Washington Post, 4/22/2009]

Entity Tags: Geneva Conventions, Bruce Jessen, Central Intelligence Agency, Convention Against Torture, Joint Personnel Recovery Agency, James Elmer Mitchell, US Department of Defense, International Committee of the Red Cross

Category Tags: High-level Decisions and Actions, Reports/Investigations, Statements/Writings about Torture, SERE Techniques, Key Events

Tim Reid, a journalist from the London Times, visits the Kandahar city jail and meets with Jamal Udeen (see October 2001), formerly a prisoner of the Taliban, four times in one week. Udeen is still trying to find a way back to Britain. His four fellow inmates are a Russian from Tartarstan, two Saudi Arabians and a Syrian Kurd; all free to go, but waiting for an opportunity. Udeen tells Reid resolutely that he was not in Afghanistan to fight for the Taliban or al-Qaeda. “If I came here to fight, I wouldn’t have been thrown in prison,” he argues. “I travel all the time. That is all I was doing.” Reid later says: “I felt sure he was no terrorist. I even tried to get him released.” [London Times, 3/11/2004]

Entity Tags: Tim Reid, Jamal Udeen, Taliban

Timeline Tags: War in Afghanistan

Category Tags: Detainments, Jamal Udeen

Walid al-Qadasi, a 22-year-old Yemeni, is captured in Iran and transferred to US custody, where he is soon transferred to an Afghan prison. Like another captive, Wisam Ahmed (see December 2001 and After), al-Qadasi calls the site the “Dark Prison.” (Civil rights activist Andy Worthington later writes that he believes Ahmed and al-Qadasi were kept at different sites.) Al-Qadasi will later recall: “The Americans interrogated us on our first night which we coined as ‘the black night.’ They cut our clothes with scissors, left us naked, and took photos of us before they gave us Afghan clothes to wear. They then handcuffed our hands behind our backs, blindfolded us, and started interrogating us.… They threatened me with death, accusing me of belonging to al-Qaeda.” After the initial interrogation, he recalls: “They put us in an underground cell measuring approximately two meters by three meters. There were 10 of us in the cell. We spent three months in the cell. There was no room for us to sleep so we had to alternate.… It was too hot in the cell, despite the fact that outside the temperature was freezing (there was snow), because the cell was overcrowded.” He will recall being fed only once a day, tormented by ear-splittingly loud music, and will say that one of his fellow detainees “went insane.” According to his later statement, when Red Cross representatives come to visit, the most severely disturbed prisoners are secretly moved to another cell that is off limits. Al-Qadasi will be transferred to Guantanamo, and in 2004 will be remanded into Yemeni custody. [Future of Freedom Foundation, 4/27/2009]

Entity Tags: Wisam Ahmed, Andy Worthington, Walid al-Qadasi

Category Tags: Detainments, Extreme Temperatures, Insufficient Food, Mental Abuse, Poor Conditions, Sleep Deprivation, Guantanamo (US Base in Cuba)

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Ordering 

Time period


Categories

Key Events

Key Events (98)

General Topic Areas

Abu Ghraib Scandal Aftermath (28)Coverup (144)Criticisms of US (171)Detainee Treatment Act (15)Detainments (121)Disciplinary Actions (17)High-level Decisions and Actions (450)Human Rights Groups (81)Impunity (49)Indefinite Detention (41)Independent Investigations (27)Indications of Abuse (61)Legal Proceedings (217)Media (77)Military Commissions / Tribunals (66)Other Events (20)Prisoner Deaths (48)Private Contractors (8)Public Statements (84)Reports/Investigations (144)Statements/Writings about Torture (129)Supreme Court Decisions (5)

Renditions

Extraordinary Rendition (24)Rendition after 9/11 (75)Rendition before 9/11 (34)

Types of Abuses Performed by US

Abrogation of Rights (37)Dangerous Conditions (18)Deception (5)Electrodes (9)Exposure to Insects (4)Extreme Temperatures (48)Forced Confessions (37)Ghost Detainees (28)Insufficient Food (25)Intimidation/Threats (44)Involuntary Drugs (14)Isolation (33)Medical Services Denied (14)Mental Abuse (21)Physical Assault (140)Poor Conditions (30)SERE Techniques (30)Sexual Humiliation (57)Sexual Temptation (3)Sleep Deprivation (74)Stress Positions (65)Suppression of Religious Expression (18)Use of Dogs (20)Waterboarding (92)

Documents

Internal Memos/Reports (95)Presidential Directives (8)

Specific Events or Operations

Destruction of CIA Tapes (94)Operation Copper Green (9)Qala-i-Janghi Massacre (17)

US Bases and Interrogation Centers

Abu Ghraib Prison (Iraq) (187)Al Jafr Prison (Jordan) (8)Al Qaim (Iraq) (6)Bagram (Afghanistan) (60)Camp Bucca (Iraq) (13)Camp Cropper (Iraq) (13)Diego Garcia (8)Gardez (Afghanistan) (7)Guantanamo (US Base in Cuba) (293)Kandahar (Afghanistan) (19)Salt Pit (Afghanistan) (34)Stare Kiejkuty (Poland) (21)US Base (Thailand) (15)USS Peleliu (7)Other US Bases and Centers (40)

High Ranking Detainees

Abd al-Rahim al-Nashiri (32)Abu Zubaida (52)Ahmed Khalfan Ghailani (6)Ali Saleh Kahlah al-Marri (26)Hambali (9)Ibn al-Shaykh al-Libi (10)Khalid Shaikh Mohammed (34)Majid Khan (7)Ramzi bin al-Shibh (13)Other High Ranking Detainees (14)

Other Detainees

Abed Hamed Mowhoush (8)Asif Iqbal (20)Binyam Mohamed (14)Bisher al-Rawi (11)Hassan Mustafa Osama Nasr (37)Huda al-Azzawi (10)Jamal Udeen (10)Jamil al-Banna (9)John Walker Lindh (29)Jose Padilla (31)Khalid el-Masri (17)Maher Arar (14)Moazzam Begg (8)Mohamed al-Khatani (13)Mohammed Jawad (14)Rhuhel Ahmed (22)Saddam Salah al-Rawi (8)Salim Ahmed Hamdan (12)Shafiq Rasul (20)Tarek Dergoul (11)Yaser Esam Hamdi (22)Other Detainees (167)
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