Find, Fix, Finish (44 page)
Authors: Aki Peritz,Eric Rosenbach
40
Baker,
In the Common Defense,
170.
Baker,
In the Common Defense,
170.
41
Michael Scheuer, “A Fine Rendition,”
New York Times,
March 11, 2005.
Michael Scheuer, “A Fine Rendition,”
New York Times,
March 11, 2005.
42
John Goetz and Britta Sandberg, “New Evidence of Torture Prison in Poland,”
Der Spiegel
, April 27, 2009; Mark Mazzetti, “Portrait of 9/11 ‘Jackal’ Emerges As He Awaits Stage in New York,”
New York Times,
November 15, 2009.
John Goetz and Britta Sandberg, “New Evidence of Torture Prison in Poland,”
Der Spiegel
, April 27, 2009; Mark Mazzetti, “Portrait of 9/11 ‘Jackal’ Emerges As He Awaits Stage in New York,”
New York Times,
November 15, 2009.
43
Anthony Lake, “Joint Intelligence Committee Testimony, Testimony of Anthony Lake,” September 19, 2002.
Anthony Lake, “Joint Intelligence Committee Testimony, Testimony of Anthony Lake,” September 19, 2002.
44
Michael Hayden, “A Conversation with Michael Hayden: Transcript,” Council on Foreign Relations, September 7, 2007.
Michael Hayden, “A Conversation with Michael Hayden: Transcript,” Council on Foreign Relations, September 7, 2007.
45
Ibid.
Ibid.
46
Jane Mayer,
The Dark Side: The Inside Story of How the War on Terror Turned into a War on American Ideals
(New York: Random House, 2009), 109.
Jane Mayer,
The Dark Side: The Inside Story of How the War on Terror Turned into a War on American Ideals
(New York: Random House, 2009), 109.
47
Hayden, “Conversation.”
Hayden, “Conversation.”
48
Mayer,
Dark Side
, 108.
Mayer,
Dark Side
, 108.
49
“Detainee Reporting Pivotal.”
“Detainee Reporting Pivotal.”
50
“Khalid Shaykh Muhammad: Preeminent Source on Al-Qa’ida.”
“Khalid Shaykh Muhammad: Preeminent Source on Al-Qa’ida.”
51
“Special Review: Counterterrorism Detention and Interrogation Activities (September 2001–October 2003),” Central Intelligence Agency Inspector General, May 7, 2004, 87.
“Special Review: Counterterrorism Detention and Interrogation Activities (September 2001–October 2003),” Central Intelligence Agency Inspector General, May 7, 2004, 87.
52
“Polish Investigation into CIA Crimes: Questions over Secrecy Remain,” Amnesty.org, June 26, 2009.
“Polish Investigation into CIA Crimes: Questions over Secrecy Remain,” Amnesty.org, June 26, 2009.
53
Jane Mayer, “The Black Sites,”
New Yorker,
August 13, 2007.
Jane Mayer, “The Black Sites,”
New Yorker,
August 13, 2007.
54
“Special Review: Counterterrorism Detention,” 104.
“Special Review: Counterterrorism Detention,” 104.
55
“Senate Confirmation Hearings: Eric Holder, Day One,”
New York Times,
January 16, 2009.
“Senate Confirmation Hearings: Eric Holder, Day One,”
New York Times,
January 16, 2009.
56
U.S. Army Intelligence and Interrogation Handbook: The Official Guide on Prisoner Interrogation
(Department of the Army 2005), 8.
U.S. Army Intelligence and Interrogation Handbook: The Official Guide on Prisoner Interrogation
(Department of the Army 2005), 8.
57
Carl W. Hoffman,
The Seizure of Tinian,
USMC Historical Monograph,
www.ibiblio.net/hyperwar/USMC/USMC-M-Tinian/USMC-M-Tinian-2.html#fn94
.
Carl W. Hoffman,
The Seizure of Tinian,
USMC Historical Monograph,
www.ibiblio.net/hyperwar/USMC/USMC-M-Tinian/USMC-M-Tinian-2.html#fn94
.
58
Phil Zelikow, Testimony of Philip Zelikow Before the Senate Judiciary Committee, May 13, 2009,
http://judiciary.senate.gov/hearings/testimony.cfm?id=3842&wit_id=7907
.
Phil Zelikow, Testimony of Philip Zelikow Before the Senate Judiciary Committee, May 13, 2009,
http://judiciary.senate.gov/hearings/testimony.cfm?id=3842&wit_id=7907
.
59
Glenn Fine, Testimony of Glenn A. Fine, Inspector General, U.S. Department of Justice, Before the Senate Committee on the Judiciary, June 10, 2008,
www.justice.gov/oig/testimony/t0806a/index.htm
.
Glenn Fine, Testimony of Glenn A. Fine, Inspector General, U.S. Department of Justice, Before the Senate Committee on the Judiciary, June 10, 2008,
www.justice.gov/oig/testimony/t0806a/index.htm
.
60
John Cloonan, Testimony of John E. Cloonan, Retired FBI Special Agent, Before the Senate Committee on the Judiciary, June 10, 2008,
http://judiciary.senate.gov/hearings/testimony.cfm?id=3399&wit_id=7228
.
John Cloonan, Testimony of John E. Cloonan, Retired FBI Special Agent, Before the Senate Committee on the Judiciary, June 10, 2008,
http://judiciary.senate.gov/hearings/testimony.cfm?id=3399&wit_id=7228
.
61
Gary Coh, “Torture Was Taught by CIA; Declassified Manual Details the Methods Used in Honduras; Agency Denials Refuted,”
Baltimore Sun
, January 27, 1997. “The CIA also declassified a Vietnam-era training manual called ‘KUBARK Counterintelligence Interrogation—July 1963,’ which also taught torture and is believed by intelligence sources to have been a basis for the 1983 manual.... The 1983 manual was altered between 1984 and early 1985 to discourage torture after a furor was raised in Congress and the press about CIA training techniques being used in Central America.”
Gary Coh, “Torture Was Taught by CIA; Declassified Manual Details the Methods Used in Honduras; Agency Denials Refuted,”
Baltimore Sun
, January 27, 1997. “The CIA also declassified a Vietnam-era training manual called ‘KUBARK Counterintelligence Interrogation—July 1963,’ which also taught torture and is believed by intelligence sources to have been a basis for the 1983 manual.... The 1983 manual was altered between 1984 and early 1985 to discourage torture after a furor was raised in Congress and the press about CIA training techniques being used in Central America.”
62
“Special Review: Counterterrorism Detention,” 9.
“Special Review: Counterterrorism Detention,” 9.
63
Ibid., 10.
Ibid., 10.
64
Jack Goldsmith,
The Terror Presidency: Law and Judgment Inside the Bush Administration
(New York: Norton, 2007), 142.
Jack Goldsmith,
The Terror Presidency: Law and Judgment Inside the Bush Administration
(New York: Norton, 2007), 142.
65
Office of Legal Counsel, Department of Justice,
www.justice.gov/olc/index.html
.
Office of Legal Counsel, Department of Justice,
www.justice.gov/olc/index.html
.
66
Goldsmith,
Terror Presidency
.
Goldsmith,
Terror Presidency
.
67
Memorandum for Alberto R. Gonzalez, Counsel to the President, from Jay S. Bybee, Assistant Attorney General, Office of Legal Counsel,
Re: Standards of Conduct for Interrogation under 18 U.S.C. §§ 2340–2340A
,” August 1, 2002.
Memorandum for Alberto R. Gonzalez, Counsel to the President, from Jay S. Bybee, Assistant Attorney General, Office of Legal Counsel,
Re: Standards of Conduct for Interrogation under 18 U.S.C. §§ 2340–2340A
,” August 1, 2002.
68
Memorandum for John A. Rizzo, Senior Deputy General Counsel, Central Intelligence Agency, from Steven G. Bradbury, Principal Deputy Assistant Attorney General, Office of Legal Counsel,
Re: Application of 18 U.S.C. §§ 2340–2340A to Certain Techniques That May Be Used in the Interrogation of a High Value al-Qaeda Detainee,
May 10, 2005.
Memorandum for John A. Rizzo, Senior Deputy General Counsel, Central Intelligence Agency, from Steven G. Bradbury, Principal Deputy Assistant Attorney General, Office of Legal Counsel,
Re: Application of 18 U.S.C. §§ 2340–2340A to Certain Techniques That May Be Used in the Interrogation of a High Value al-Qaeda Detainee,
May 10, 2005.
69
Jonathan Karl, “‘High-Value’ Detainees Transferred to Guantanamo,” ABC News, September 6, 2006,
http://abcnews.go.com/International/story?id=2400470
; “Bush Admits to CIA Secret Prisons,” BBC News, September 7, 2006,
http://news.bbc.co.uk/2/hi/americas/5321606.stm
.
Jonathan Karl, “‘High-Value’ Detainees Transferred to Guantanamo,” ABC News, September 6, 2006,
http://abcnews.go.com/International/story?id=2400470
; “Bush Admits to CIA Secret Prisons,” BBC News, September 7, 2006,
http://news.bbc.co.uk/2/hi/americas/5321606.stm
.
70
Dana Priest, “CIA Holds Terror Suspects in Secret Prisons,”
Washington Post,
November 2, 2005.
Dana Priest, “CIA Holds Terror Suspects in Secret Prisons,”
Washington Post,
November 2, 2005.
71
Ibid.
Ibid.
72
Alistair Horne,
A Savage War of Peace: Algeria 1954–1962
(New York: New York Review of Books. 2006), 204–206.
Alistair Horne,
A Savage War of Peace: Algeria 1954–1962
(New York: New York Review of Books. 2006), 204–206.
73
Suketu Mehta,
Maximum City: Bombay Lost and Found
(New York: Vintage, 2004), 132.
Suketu Mehta,
Maximum City: Bombay Lost and Found
(New York: Vintage, 2004), 132.
74
Scott Shane and Mark Mazzetti, “Advisers Fault Harsh Methods in Interrogation,”
New York Times,
May 30, 2007.
Scott Shane and Mark Mazzetti, “Advisers Fault Harsh Methods in Interrogation,”
New York Times,
May 30, 2007.
75
David Rose, “Tortured Reasoning,”
Vanity Fair
, December 16, 2008.
David Rose, “Tortured Reasoning,”
Vanity Fair
, December 16, 2008.
76
Mark Mazzetti and Scott Shane, “C.I.A. Abuse Cases Detailed in Report on Detainees,”
New York Times,
August 24, 2009.
Mark Mazzetti and Scott Shane, “C.I.A. Abuse Cases Detailed in Report on Detainees,”
New York Times,
August 24, 2009.
77
William Ranney Levi, “Interrogation’s Law,” 118 Y
ale L.J.
1434, 1436 (2009).
William Ranney Levi, “Interrogation’s Law,” 118 Y
ale L.J.
1434, 1436 (2009).
78
“Special Review: Counterterrorism Detention,” 101–102.
“Special Review: Counterterrorism Detention,” 101–102.
79
Ibid., 105.
Ibid., 105.
80
David Rose, “Tortured Reasoning,”
Vanity Fair
, December 16, 2008.
David Rose, “Tortured Reasoning,”
Vanity Fair
, December 16, 2008.
81
Randy James, “A Brief History of Military Commissions,”
Time
, May 19, 2009.
Randy James, “A Brief History of Military Commissions,”
Time
, May 19, 2009.
82
317 U.S. 1 (1942).
317 U.S. 1 (1942).
83
American Bar Association Task Force on Terrorism and the Law: Report and Recommendations on Military Commissions
(2002).
American Bar Association Task Force on Terrorism and the Law: Report and Recommendations on Military Commissions
(2002).
84
Victor Hansen, “The Usefulness of a Negative Example: What We Can Learn About Evidence Rules from the Government’s Most Recent Efforts to Construct a Military Commissions Process,” 35
Wm. Mitchell L. Rev
. 1480, 1485 (2009).
Victor Hansen, “The Usefulness of a Negative Example: What We Can Learn About Evidence Rules from the Government’s Most Recent Efforts to Construct a Military Commissions Process,” 35
Wm. Mitchell L. Rev
. 1480, 1485 (2009).
85
548 US 557 (2006).
548 US 557 (2006).
86
128 S. Ct. 2229 (2008).
128 S. Ct. 2229 (2008).
87
Ibid.
Ibid.
88
William Glaberson, “Five Charged in 9/11 Attacks Seek to Plead Guilty
,” New York Times,
December 8, 2008.
William Glaberson, “Five Charged in 9/11 Attacks Seek to Plead Guilty
,” New York Times,
December 8, 2008.
89
William Glaberson, “U.S. May Revive Guantanamo Military Courts,”
New York Times,
May 1, 2009.
William Glaberson, “U.S. May Revive Guantanamo Military Courts,”
New York Times,
May 1, 2009.
90
Executive Order 13492, issued January 22, 2009.
Executive Order 13492, issued January 22, 2009.
91
Glaberson, “U.S. May Revive Guantanamo Military Courts,”
Glaberson, “U.S. May Revive Guantanamo Military Courts,”
92
Jane Mayer, “The Trial,”
New Yorker
, February 15, 2010.
Jane Mayer, “The Trial,”
New Yorker
, February 15, 2010.
93
Statement of President Barack Obama on Military Commissions, White House Office of the Press Secretary, May 15, 2009.
Statement of President Barack Obama on Military Commissions, White House Office of the Press Secretary, May 15, 2009.
94
Ibid.
Ibid.
95
Jim Comey and Jack Goldsmith, “Holder’s Decisions on Mohammed Trial Defended,”
Washington Post,
November 20, 2009.
Jim Comey and Jack Goldsmith, “Holder’s Decisions on Mohammed Trial Defended,”
Washington Post,
November 20, 2009.
96
“Terror Trial Switch? NYC: Not in My Backyard,”
Good Morning America
, January 29, 2010; Joseph Lieberman et al., Letter to the Honorable Eric H. Holder Jr., Attorney General. Washington DC, January 26, 2010; Kasie Hunt, “Two Senate Democrats Want KSM Trial Out of NYC,”
Politico
, January 26, 2010.
“Terror Trial Switch? NYC: Not in My Backyard,”
Good Morning America
, January 29, 2010; Joseph Lieberman et al., Letter to the Honorable Eric H. Holder Jr., Attorney General. Washington DC, January 26, 2010; Kasie Hunt, “Two Senate Democrats Want KSM Trial Out of NYC,”
Politico
, January 26, 2010.
97
“Terror Trial Switch?”
“Terror Trial Switch?”
98
Anthony M. DeStefano, “Kelly: New York 9/11 Trial ‘Politically Impossible,’”
Newsday,
June 4, 2010; Suzanne Malveaux, “White House Considers Military Trial for Khalid Sheikh Mohammed,” CNN, March 5, 2010.
Anthony M. DeStefano, “Kelly: New York 9/11 Trial ‘Politically Impossible,’”
Newsday,
June 4, 2010; Suzanne Malveaux, “White House Considers Military Trial for Khalid Sheikh Mohammed,” CNN, March 5, 2010.
99
Mayer, “Trial.”
Mayer, “Trial.”
100
Warren Richey, “Obama Endorses Military Commissions for Guantanamo Detainees,”
Christian Science Monitor
, October 29, 2009.
Warren Richey, “Obama Endorses Military Commissions for Guantanamo Detainees,”
Christian Science Monitor
, October 29, 2009.
101
“President Obama Signs Military Commissions Changes into Law,”
ACLU,
October 28, 2009.
CHAPTER 5: INTERROGATIONS, INTELLIGENCE, AND WAR“President Obama Signs Military Commissions Changes into Law,”
ACLU,
October 28, 2009.
1
NEFA Foundation,
Ibn al-Sheikh al-Libi,
October 2009, 4; Jane Mayer,
The Dark Side: The Inside Story of How the War on Terror Turned into a War on American Ideals
(New York: Doubleday, 2008), 103; Edward Cody, “Pakistan Sends Ex-Taliban Envoy Back to Afghanistan,”
Washington Post,
January 5, 2002.
NEFA Foundation,
Ibn al-Sheikh al-Libi,
October 2009, 4; Jane Mayer,
The Dark Side: The Inside Story of How the War on Terror Turned into a War on American Ideals
(New York: Doubleday, 2008), 103; Edward Cody, “Pakistan Sends Ex-Taliban Envoy Back to Afghanistan,”
Washington Post,
January 5, 2002.
2
The three custody exchanges would be US to Egypt, Egypt to US, and US to Libya.
The three custody exchanges would be US to Egypt, Egypt to US, and US to Libya.
3
Mayer,
Dark Side,
119.
Mayer,
Dark Side,
119.
4
See note 150.
See note 150.
5
Camille al-Tawil, “US Reportedly Hands Over to Libya Ibn al-Shaykh al-Libi,”
Al-Hayat,
May 3, 2006; Mayer,
Dark Side,
134.
Camille al-Tawil, “US Reportedly Hands Over to Libya Ibn al-Shaykh al-Libi,”
Al-Hayat,
May 3, 2006; Mayer,
Dark Side,
134.
6
Eric Schmitt and Erik Eckholm, “A Nation Challenged: The Hunted; US Takes Custody of a Qaeda Trainer Seized by Pakistan,”
New York Times,
January 6, 2002; Bill Hemmer, “Ibn al-Shaykh al-Libi Is in US Custody,” CNN, January 5, 2002.
Eric Schmitt and Erik Eckholm, “A Nation Challenged: The Hunted; US Takes Custody of a Qaeda Trainer Seized by Pakistan,”
New York Times,
January 6, 2002; Bill Hemmer, “Ibn al-Shaykh al-Libi Is in US Custody,” CNN, January 5, 2002.
7
“Organizations with Assets Frozen by Bush’s Order,”
Washington Post,
September 24, 2001,
http://old.911digitalarchive.org/crr/documents/1123.pdf
. The list also included Osama bin Laden, Ayman al-Zawahiri, Muhammad Atif, Abu Zubaydah, Sayf al-Adl, Abu Hafs, Shaykh Saiid, Abd al-Hadi al-Iraqi, Thirwat Salah Shihata, Tariq Anwar Al-Sayyid Ahmad, and Muhammad Salah.
“Organizations with Assets Frozen by Bush’s Order,”
Washington Post,
September 24, 2001,
http://old.911digitalarchive.org/crr/documents/1123.pdf
. The list also included Osama bin Laden, Ayman al-Zawahiri, Muhammad Atif, Abu Zubaydah, Sayf al-Adl, Abu Hafs, Shaykh Saiid, Abd al-Hadi al-Iraqi, Thirwat Salah Shihata, Tariq Anwar Al-Sayyid Ahmad, and Muhammad Salah.
8
“The Truth About Torture,”
Newsweek,
November 13, 2005.
“The Truth About Torture,”
Newsweek,
November 13, 2005.
9
Senate Select Committee on Intelligence,
Postwar Findings About Iraq’s WMD Programs and Links to Terrorism and How They Compare with Prewar Assessments,
September 8, 2006, 76–77,
www.fas.org/irp/congress/2006_rpt/srpt109–331.pdf
.
Senate Select Committee on Intelligence,
Postwar Findings About Iraq’s WMD Programs and Links to Terrorism and How They Compare with Prewar Assessments,
September 8, 2006, 76–77,
www.fas.org/irp/congress/2006_rpt/srpt109–331.pdf
.
10
George W. Bush, speech in Cincinnati, Ohio, October 7, 2002,
http://archives.cnn.com/2002/ALLPOLITICS/10/07/bush.transcript
; Colin Powell, Presentation to the U.N. Security Council, February 5, 2003,
www.cnn.com/2003/US/02/05/sprj.irq.powell.transcript
.
George W. Bush, speech in Cincinnati, Ohio, October 7, 2002,
http://archives.cnn.com/2002/ALLPOLITICS/10/07/bush.transcript
; Colin Powell, Presentation to the U.N. Security Council, February 5, 2003,
www.cnn.com/2003/US/02/05/sprj.irq.powell.transcript
.
11
David Corn and Michael Isikoff,
Hubris: The Inside Story of Spin, Scandal, and the Selling of the Iraq War
(New York: Three Rivers, 2006), 119.
David Corn and Michael Isikoff,
Hubris: The Inside Story of Spin, Scandal, and the Selling of the Iraq War
(New York: Three Rivers, 2006), 119.
12
Ibid.
Ibid.
13
Omar Nasiri,
Inside the Jihad: My Life with Al-Qaeda
(New York: Basic Books, 2006), 178.
Omar Nasiri,
Inside the Jihad: My Life with Al-Qaeda
(New York: Basic Books, 2006), 178.
14
The Libyan Islamic Fighting Group (LIFG), an al-Qaeda affiliate, was founded in the 1990s by Libyans who had fought against the Soviets in Afghanistan and were now waging jihad against Muammar Qadhafi’s regime and seeking to establish an Islamic state in Libya. Nic Robertson and Paul Cruickshank, “Jihadist Death Threatened Libyan Peace Deal,” CNN, November 28, 2009.
The Libyan Islamic Fighting Group (LIFG), an al-Qaeda affiliate, was founded in the 1990s by Libyans who had fought against the Soviets in Afghanistan and were now waging jihad against Muammar Qadhafi’s regime and seeking to establish an Islamic state in Libya. Nic Robertson and Paul Cruickshank, “Jihadist Death Threatened Libyan Peace Deal,” CNN, November 28, 2009.
15
Mayer,
Dark Side
, 104; Nasiri,
Inside the Jihad
, 120.
Mayer,
Dark Side
, 104; Nasiri,
Inside the Jihad
, 120.
16
“Rendition to Torture: The Case of Maher Arar,” Joint Hearing Before the Subcommittee on International Organizations, Human Rights, and Oversight of the House Foreign Affairs Committee and the Subcommittee on the Constitution, Civil Rights, and Civil Liberties of the House Judiciary Committee, 110th Congress, 1st sess., Serial 110–118/110–52, October 18, 2007, 13; Jack Cloonan, discussion with author, April 6, 2009.
“Rendition to Torture: The Case of Maher Arar,” Joint Hearing Before the Subcommittee on International Organizations, Human Rights, and Oversight of the House Foreign Affairs Committee and the Subcommittee on the Constitution, Civil Rights, and Civil Liberties of the House Judiciary Committee, 110th Congress, 1st sess., Serial 110–118/110–52, October 18, 2007, 13; Jack Cloonan, discussion with author, April 6, 2009.
17
Bobby Ghosh, “Terror Interrogations: Can the CIA and FBI Work Together?”
Time
, July 26, 2009.
Bobby Ghosh, “Terror Interrogations: Can the CIA and FBI Work Together?”
Time
, July 26, 2009.
18
“Rendition to Torture.”
“Rendition to Torture.”
19
Kenneth Levit, “The CIA and the Torture Controversy: Interrogation Authorities and Practices in the War on Terror,”
Journal of National Security Policy and Law
1, no. 341 (2005): 350.
Kenneth Levit, “The CIA and the Torture Controversy: Interrogation Authorities and Practices in the War on Terror,”
Journal of National Security Policy and Law
1, no. 341 (2005): 350.
20
Jack Cloonan, discussion with author, April 6, 2009.
Jack Cloonan, discussion with author, April 6, 2009.
21
Ibid.
Ibid.
22
Satinder Bindra, “India Identifies Terrorist Training Camps,” CNN
,
September 19, 2001.
Satinder Bindra, “India Identifies Terrorist Training Camps,” CNN
,
September 19, 2001.
23
“Unclassified Verbatim Transcript of Combatant Status Review Tribunal Hearing for ISN 10016 (Abu Zubaydah),” March 27, 2007,
www.defenselink.mil/news/transcript_ISN10016.pdf
.
“Unclassified Verbatim Transcript of Combatant Status Review Tribunal Hearing for ISN 10016 (Abu Zubaydah),” March 27, 2007,
www.defenselink.mil/news/transcript_ISN10016.pdf
.
24
Omar Nasiri,
Inside the Jihad
, 179.
Omar Nasiri,
Inside the Jihad
, 179.
25
Jack Cloonan, discussion with author, April 6, 2009.
Jack Cloonan, discussion with author, April 6, 2009.
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