The Senate Intelligence Committee Report on Torture: Committee Study of the Central Intelligence Agency's Detention and Interrogation Program (105 page)

BOOK: The Senate Intelligence Committee Report on Torture: Committee Study of the Central Intelligence Agency's Detention and Interrogation Program
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1678.
DIRECTOR █████ (172132Z OCT 02).

1679.
See
section of this summary and Volume II on the “Capture of Ramzi bin al-Shibh.” The CIA’s June 2013 Response states that “the information provided by Abu Zubaydah played a key role in the capture of Ramzi Bin al-Shibh.” As described in the “Capture of Ramzi bin al-Shibh” in this summary and in greater detail in Volume II, Ramzi bin al-Shibh was not captured as a result of information acquired during or after the use of the CIA’s enhanced interrogation techniques against Abu Zubaydah.

1680.
See
section of this summary and Volume II on the Capture of Khalid Shaykh Mohammad (KSM). The CIA’s June 2013 Response acknowledges that “[b]y all accounts, KSM’s arrest was the action that most disrupted the [Heathrow] plot.” The CIA’s June 2013 Response asserts, however, that “[Abu] Zubaydah’s reporting also contributed to KSM’s arrest.” As described in the “Capture of KSM” in this summary and in more detail in Volume II, the capture of KSM was not attributable to any information obtained from the CIA’s Detention and Interrogation Program.

1681.
As described in the section of this summary related to the “Karachi Plot(s)” and in more detail in Volume II, information from CIA detainees played no role in the arrests of Ammar al-Baluchi or Khallad bin Attash.

1682.
See
series of emails dated March 22, 2006, with the subject line, “RE: Abu Adel NTB Coord: Please Respond by 14:00 Today (3/22).
See also
series of emails dated March 22, 2006, with the subject line, “RE: Abu Adel NTB Coord: Please Respond by 14:00 Today (3/22).

1683.
DIRECTOR █████ █████████.

1684.
Among other documents,
see
DIRECTOR ██████ (172132Z OCT 02).

1685.
See
CIA WASHINGTON DC ████(122310Z MAR 03); ██████ 10883 (182127Z MAR 03); █████ 10828 (151310Z MAR 03); ████ 11717 (201722Z MAY 03); ████ 10778 (121549Z MAR 03).

1686.
See
email from: [REDACTED]; to: ████████; cc: ██████████, ███████; subject: “KSM on Heathrow”; date: May 20, 2003, at 03:44 PM.

1687.
████ 222939 (031541Z JUL 04).

1688.
████ 222939 (031541Z JUL 04).

1689.
In March 2003, after Ramzi bin al-Shibh had been rendered to CIA custody and subjected to the CIA’s enhanced interrogation techniques, CIA officers wrote that they did “not believe [Ramzi] bin al-Shibh” was “being completely honest” about potential Heathrow operatives. (
See
ALEC ████ █████████.) A June 2003 CIA cable states that “KSM, Ammar, and Khallad remain loathe to reveal details of the Heathrow plot,” and that the CIA believed the detainees were withholding information that could lead to the capture of Abu Talha al-Pakistani, noting specifically that the CIA detainees had “so far clung to such information” and “deflected questions.” By this time KSM, Ammar al-Baluchi and Khallad bin Attash had all been rendered to CIA custody and subjected to the CIA’s enhanced interrogation techniques. See ALEC ████ (172242Z JUN 03) and Volume III for additional information.

1690.
ALEC █████ (161821Z JUL 03).

1691.
█████ 10787 (130716Z MAR 03). As described, the CIA represented that KSM “first repeatedly denied there was any other target than the airport,” and “[o]nly after the repeated lawful use of EITs did [KSM] stop lying and admit that the sketch of a beam labeled Canary Wharf in his notebook was in fact an illustration that KSM the engineer drew himself in order to show another AQ operative that the beams in the Wharf—like those in the World Trade Center—would likely melt and collapse the building, killing all inside” (
See
CIA memorandum to the CIA Inspector General from James Pavitt, CIA’s Deputy Director for Operations, dated February 27, 2004, with the subject line, “Comments to Draft IG Special Review, ‘Counterterrorism Detention and Interrogation Program’ (2003-7123-IG),” Attachment, “Successes of CIA’s Counterterrorism Detention and Interrogation Activities,” dated February 24, 2004). As described, KSM discussed the sketch the first time it was shown to him.
See
█████ 10787 (130716Z MAR 03).

1692.
See
███████ 14420 ██████████ ALEC ██████ (192314Z MAY 03); ████████ 11717 (201222Z MAY 03 ████████ 12141 (27223IZ JUN 03); ████████ 10798 (131816Z MAR 03), disseminated as ████ ████████. The CIA’s June 2013 Response asserts that Abu Talha was “the individual managing the [Heathrow] plot.” Contrary to CIA assertions, CIA records indicate that Abu Talha served as an assistant to Ammar al-Baluchi and KSM and played no leadership or managerial role in the plotting. KSM reported that Abu Talha’s “primary skill [was] his ability to gather information,” and that Abu Talha would not have been able to take over the Heathrow plotting after the arrest of Ammar al-Baluchi and Khallad bin Attash, “stress[ing] that Talha was not well trained or particularly well connected to al-Qa’ida,” did not know all of the components of the Heathrow plotting, and had no links to the unwitting Saudi operatives KSM was considering using in the plotting. KSM stated that after the arrest of Ammar al-Baluchi and Khallad bin Attash, Abu Talha “would have known that the plot was compromised and over.” (
See
████████ 12141 (272231Z JUN 03); ████████ 20525 (141731Z FEB 04). For additional information on the two potential Saudi Arabia-based operatives, Ayyub and Azmari, who were investigative targets of a foreign government prior to detainee reporting, unwitting of the Heathrow plotting, and assessed by the CIA to have been killed or detained as a result of terrorist activity unrelated to the aforementioned plotting,
see
Volume II.). The CIA’s June 2013 Response further states that “CIA lacked reporting on Abu Talha prior to March 2003 and first learned of his specific role in the plot from debriefing KSM.” A review of CIA records found that on March 6, 2003, prior to any reporting from KSM or any other CIA detainee, Majid Khan, in foreign government custody, discussed Ammar al-Baluchi’s Karachi-based assistant, “Talha.” Majid Khan provided a phone number for Talha, and used that number at the request of his captors in an effort to locate and capture Ammar al-Baluchi through Talha. (
See
████████ 13678 (070724Z MAR 03); ████████ 13710 (081218Z MAR 03); ALEC ███████ (081830Z MAR 03); ████████ 13695 (080611Z MAR 03); █████████ 11092 ████████████████) Ammar al-Baluchi, when he was in foreign government custody, provided adescription of Talha, whom he called “Suliman,” and stated that he had dispatched Talha, aka Suliman, to the United Kingdom to identify operatives “suitable for hijacking or suicide operations.” Ammar al-Baluchi also identified an email address used by Talha. (
See
████████ 14291 (021645Z May 03); ████████ 14478 █████████; █████ 14420 ████████; █████ 14304 ████████; ALEC ███ (142334Z May 03).) As KSM had not yet mentioned Abu Talha, Ammar al-Baluchi’s reporting prompted Deputy Chief of ALEC Station █████ █████ to note that KSM could be in trouble very soon.” (
See
email from: ████████; to: ████ █████, ████████, ████████, [REDACTED], [REDACTED]; subject: action detainee branch Re: ammar and KSM).) In the context of the U.K. Urban Targets Plot, the CIA’s June 2013 – Response states: “Abu Talha’s arrest – a case CIA frequently cited as a success of the detainee program – would not have happened if not for reporting from CIA-held detainees.” As described elsewhere in this summary, and in greater detail in Volume II, CIA records do not support this statement.

1693.
DIRECTOR █████ (241921Z MAR 02).

1694.
Among other news sources,
see
“The Secret Mastermind Behind the Bali Horror,”
The Observer,
19 October 2002.

1695.
Italics included in CIA Memorandum to the Office of Legal Counsel, entitled, “Effectiveness of the CIA Counterterrorist Interrogation Techniques,” from March 2, 2005.

1696.
From 2003 through 2009, the CIA’s representations regarding the effectiveness of the CIA’s enhanced interrogation techniques provided a specific set of examples of terrorist plots “disrupted” and terrorists captured that the CIA attributed to information obtained from the use of its enhanced interrogation techniques. CIA representations further asserted that the intelligence obtained from the use of the CIA’s enhanced interrogation techniques was unique, otherwise unavailable, and resulted in “saved lives.” Among other CIA representations, see: (1) CIA representations in the Department of Justice Office of Legal Counsel Memorandum, dated May 30, 2005, which relied on a series of highly specific CIA representations on the type of intelligence acquired from the use of the CIA’s enhanced interrogation techniques to assess their legality. The CIA representations referenced by the OLC include that the use of the CIA’s enhanced interrogation techniques was “necessary” to obtain “critical,” “vital,” and “otherwise unavailable actionable intelligence” that was “essential” for the U.S. government to “detect and disrupt” terrorist threats. The OLC memorandum further states that “[the CIA] ha[s] informed [the OLC] that the CIA believes that this program is largely responsible for preventing a subsequent attack within the United States.” (
See
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, May 30, 2005, Re: Application of United States Obligations Under Article 16 of the Convention Against Torture to Certain Techniques that May Be Used in the Interrogation of High Value al Qaeda Detainees.) (2) CIA representations in the Department of Justice Office of Legal Counsel Memorandum dated July 20, 2007, which also relied on CIA representations on the type of intelligence acquired from the use of the CIA’s enhanced interrogation techniques. Citing CIA documents and the President’s September 6, 2006, speech describing the CIA’s interrogation program (which was based on CIA-provided information), the OLC memorandum states: “The CIA interrogation program— and, in particular, its use of enhanced interrogation techniques—is intended to serve this paramount interest [security of the Nation] by producing substantial quantities of otherwise unavailable intelligence. . . . As the President explained [on September 6, 2006], ‘by giving us information about terrorist plans we could not get anywhere else, the program has saved innocent lives.’” (
See
Memorandum for John A. Rizzo, Acting General Counsel, Central Intelligence Agency, from Steven G. Bradbury, Principal Deputy Assistant Attorney General, Office of Legal Counsel, July 20, 2007, Re: Application of the War Crimes Act, the Detainee Treatment Act, and Common Article 3 of the Geneva Conventions to Certain Techniques that May Be Used by the CIA in the Interrogation of High Value al Qaeda Detainees.) (3) CIA briefings for members of the National Security Council in July and September 2003 represented that “the use of Enhanced Techniques of one kind or another had produced significant intelligence information that had, in the view of CIA professionals, saved lives,” and warned policymakers that “[t]ermination of this program will result in loss of life, possibly extensive.” (
See
August 5, 2003 Memorandum for the Record from Scott Muller, Subject: Review of Interrogation Program on 29 July 2003; Briefing slides, CIA Interrogation Program, July 29, 2003; September 4, 2003, CIA Memorandum for the Record, Subject: Member Briefing; and September 26, 2003, Memorandum for the Record from Muller, Subject: CIA Interrogation Program.) (4) The CIA’s response to the Office of Inspector General draft Special Review of the CIA program, which asserts: “Information [the CIA] received . . . as a result of the lawful use of enhanced interrogation techniques (‘EITs’) has almost certainly saved countless American lives inside the United States and abroad. The evidence points clearly to the fact that without the use of such techniques, we and our allies would [have] suffered major terrorist attacks involving hundreds, if not thousands, of casualties.” (
See
Memorandum for: Inspector General; from: James Pavitt, Deputy Director for Operations; subject: re (S) Comments to Draft IG Special Review, “Counterterrorism Detention and Interrogation Program” 2003-7123-IG; date: February 27, 2004; attachment: February 24, 2004, Memorandum re Successes of CIA’s Counterterrorism Detention and Interrogation Activities.) (5) CIA briefing documents for CIA Director Leon Panetta in February 2009, which state that the “CIA assesses that the RDI program worked and the [enhanced interrogation] techniques were effective in producing foreign intelligence,” and that “[m]ost, if not all, of the timely intelligence acquired from detainees in this program would not have been discovered or reported by other means.” (
See
CIA briefing documents for Leon Panetta, entitled, “Tab 9: DCIA Briefing on RDI Program- 18FEB.2009” and graphic attachment, “Key Intelligence and Reporting Derived from Abu Zubaydah and Khalid Shaykh Muhammad (KSM),” including “DCIA Briefing on RDI Program” agenda, CIA document “EITs and Effectiveness,” with associated documents, “Key Intelligence Impacts Chart: Attachment (AZ and KSM),” “Background on Key Intelligence Impacts Chart: Attachment,” and “supporting references,” to include “Background on Key Captures and Plots Disrupted.”) (6) CIA document faxed to the Senate Select Committee on Intelligence on March 18, 2009, entitled, “[SWIGERT] and [DUNBAR],” located in Committee databases at DTS #2009-1258, which provides a list of “some of the key captures and disrupted plots” that the CIA had attributed to the use of the CIA’s enhanced interrogation techniques, and stating: “CIA assesses that most, if not all, of the timely intelligence acquired from detainees in this program would not have been discovered or reported by any other means.”
See
Volume II for additional CIA representations asserting that the CIA’s enhanced interrogation techniques enabled the CIA to obtain unique, otherwise unavailable intelligence that “saved lives.”

1697.
See
May 2, 2006, Briefing for the Chief of Staff to the President: Briefing for Chief of Staff to the President Josh Bolten: CIA Rendition, Detention and Interrogation Programs.

1698.
Italics added.
See
May 2, 2006, Briefing for Chief of Staff to the President Josh Bolten: CIA Rendition, Detention and Interrogation Programs. The CIA’s June 2013 Response maintains that the chronology in this passage and similar representations are correct. The CIA’s June 2013 Response describes the following as “standard language” and the CIA’s “typical representation” of Hambali’s capture: “KSM provided information about an al-Qa’ida operative, Majid Khan, who he was aware had recently been captured. KSM—possibly believing the detained operatives was ‘talking’ admitted to having tasked Majid with delivering a large sum of money to individuals working for another senior al-Qa’ida associate. In an example of how information from one detainee can be used in debriefing another detainee in a ‘building block’ process.
Khan—confronted with KSM’s information about the money—acknowledged that he delivered the money to an operative named Zubair and provided Zubair’s physical description and contact number
” (italics added). The CIA’s June 2013 Response states that this chronology is “accurate.” As detailed in this summary, and in greater detail in Volume II, this June 2013 CIA representation is inaccurate. Majid Khan—who was in foreign government custody—first provided information on the money exchange and Zubair, prior to any reporting from KSM.

1699.
CIA, “Khalid Shaykh Muhammad: Preeminent Source On Al-Qa’ida,” was authored by [REDACTED], CTC/UBLD/AQPO/AQLB.

1700.
CIA fax to the Department of Justice, entitled, “███, Materials on KSM and Abu Zubaydah. ███,” dated 22 April 2005. For background on the intelligence product,
see
DTS #2004-3375.

1701.
Italics added. CIA Directorate of Intelligence, “Khalid Shaykh Muhammad: Preeminent Source on Al-Qa’ida,” dated July 13, 2004, faxed to the Department of Justice, April 22, 2005, entitled, “████, Materials on KSM and Abu Zubaydah. ████.” This report was widely disseminated in the Intelligence Community and provided to the Senate Select Committee on Intelligence on July 15, 2004.

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