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CIA Headquarters Micromanaged Torture

by: Jason Leopold, t r u t h o u t | Report

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(Illustration: Matt Mahurin / Washington Independent)

    CIA interrogators provided top agency officials in Langley with daily "torture" updates of Abu Zubaydah, the alleged "high-level" terrorist detainee, who was held at a secret "black site" prison and waterboarded 83 times in August 2002, according to newly released court documents obtained by this reporter.

    The extensive back-and-forth between CIA field operatives and agency officials in Langley likely included updates provided to senior Bush administration officials.

    The government documents filed May 1 with US District Court Judge Alvin Hellerstein included two sets of indexes totaling 52 pages and contained general descriptions of cables sent back to CIA headquarters describing the August 2002 videotaped interrogation sessions of Zubaydah. Those cable transmissions included a description of the techniques interrogators had used and the intelligence, if any, culled from those sessions.

    An August 1, 2002, Justice Department legal opinion released last month signed by Jay Bybee, the former head of the Office of Legal Counsel, described a "ticking time-bomb" scenario and "chatter" about a looming terrorist attack in justifying a list of ten different brutal interrogation techniques the CIA requested to use against Zubaydah. Those interrogation methods included waterboarding, slamming his head repeatedly against a wall and forcing him to remain awake for as long as 11 consecutive days.

    On the same day Bybee, now a federal appeals court judge, signed the memorandum, CIA field operatives at the "black site" prison where Zubaydah was detained sent a two-page cable to agency headquarters that included detailed information "concerning the use of interrogation techniques; atmospherics and behavioral comments; a threat update; a medical update; and administrative and security notes."

    "The cable [marked top secret] also includes CIA organizational information, CIA filing information, locations of CIA facilities, and the names and/or identifying information of personnel engaged in counterterrorism operations," according to a description of the cable.

    Another document, describing a four-page cable sent back to CIA headquarters on August 4, 2002, "includes information concerning the strategies for interrogation sessions ... reactions to the interrogation techniques, raw intelligence, and a status of threat information."

    One the same day, according to the same set of indexes, CIA field operatives prepared a 59-page notebook that contained notes of the interrogations, which contained "handwritten notes concerning treatment and conduct of interrogations; reactions to the interrogation techniques; specific intelligence topics concerning terrorist threats to the US; raw intelligence; and medical information."

    There are several instances in which multiple cables were sent to CIA headquarters on a single day, which suggests Zubaydah was subjected to a combination of brutal interrogation methods at various points throughout the day.

    For example, on August 5, 2002, a four-page cable was sent to CIA headquarters describing the use of and reaction to interrogation techniques and another two-page cable was sent the same day that contained similar descriptions as well as a "medical update." All of the other descriptions of the cables sent to CIA headquarters during the month of August 2002, some of which were as long as seven pages, contained similar descriptions.

    The first set of indexes contained information about cables sent on August 1, 2002, and ended on August 7, 2002. The second set of indexes began on August 8, 2002, and ended on August 18, 2002, but did not contain an entry for correspondence sent back to the CIA on August 13, 2002, describing the status of interrogations.

    The indexes were turned over as part of a contempt lawsuit filed by the ACLU against the Department of Defense, related to 92 interrogation videotapes that were destroyed by the agency in 2005 as public attention began focusing on allegations that the Bush administration had subjected "war on terror" detainees to brutal interrogations that crossed the line into torture.

    The CIA and the Justice Department declined to turn over a more detailed description of the cables its field agents sent back to headquarters, citing several exemptions under the Freedom of Information Act.

    "This document contains information relating to intelligence activities (including special activities), intelligence sources, intelligence methods, and foreign relations to foreign activities of the United States including confidential sources that is properly classified," the CIA stated in a document description of the August 1, 2002, cable.

    Additionally, the agency said it withheld a detailed description of the cables in this and every other August 2002 cable because it "contains information relating to intelligence sources and intelligence methods that is specifically exempted from disclosure" in accordance with the National Security Act. The documents also contain "information relating to the organization, functions, and names of person employed by the CIA that is specifically exempted from disclosure."

    The documents contain information relating to intra-agency predecisional deliberations, including preliminary evaluations, opinions, and recommendations of CIA personnel" and contains "information relating to the identities of personnel engaged in counterterrorism operation" and disclosing those details "would constitute a clearly unwarranted invasion of personal privacy."

    In a two-page letter accompanying the indexes, CIA Associate General Counsel John McPherson wrote that a "senior government official" would submit a declaration on May 22 "that more fully explains the justifications for withholding a more detailed description of the cables.

    "We wish to note that the records at issue, which are actual operational cables between CIA station(s) and CIA headquarters are different in kind from the general legal memoranda addressing CIA interrogation methods that were disclosed on April 16, 2009," says McPherson's May 1 letter to Hellerstein. "Unlike the memoranda, which address the legality of interrogation methods that are no longer used, the cables disclose extremely sensitive operational information that would threaten the efficacy of present and future interrogations.

    "For example disclosure of the cables could reveal how the CIA approaches interrogations as a general matter, including its strategic decisions about when particular interrogation methods were used, in what order, and, most importantly, why particular methods were used in certain situations. The cables also contain sensitive information about what types of questions are asked and at what point in the interrogation, and how interrogators calibrate particular interrogation approaches to the detainees responses.

    "Even though some of those methods are no longer employed by the CIA, the cables reveal the strategy and tactics of the CIA interrogations and provide insight into how the CIA elicits information from those whom they interrogate, as well as actual intelligence obtained during interrogations. If this kind of information is disclosed, our enemies will be better prepared to resist and subvert interrogations now and in the future."

    Amrit Singh, an ACLU staff attorney, said, "It's disappointing that the Obama administration is continuing to withhold the text of these cables despite the promise of transparency."

    She added that withholding the information may have more to do with protecting senior CIA and Bush administration officials as opposed to revealing national security secrets.

    "I think the frequency of the cables showed that CIA headquarters and senior officials had sanctioned interrogation methods that were illegal," she said. "We see no basis for continuing to withhold this information."

    The CIA stated in previous court filings that it had 3,000 documents related to the destruction of the 92 interrogation videotapes. The Justice Department said the documents include "cables, memoranda, notes and e-mails" related to the destroyed CIA videotapes, which were made between April and December 2002.

    Twelve of those videotapes depict CIA interrogators subjecting Zubaydah and Abd al-Rahim al-Nashiri, the alleged mastermind of the attack on the USS Cole in 2000, to brutal interrogation methods, including waterboarding. The 80 other videotapes purportedly show Zubaydah and al-Nashiri in their prison cells. But it's unknown whether the interrogation tapes that predate the August 1, 2002, "torture" memo depict "enhanced interrogation" techniques not yet approved by the Justice Department.

    The Justice Department had refused to turn over indexes for interrogations that predated the August 1, 2002, memo. But last month, Hellerstein, in a two-page order dated April 20, said "the government shall produce records relating to the content of the tapes not merely from August 2002, but from the entire period the tapes were destroyed."

    "The Government represents this period to be April through December 2002," Hellerstein's order said. "In addition to the current plan for production from a sample month, the Government shall propose a schedule for production of documents from the entire period. The Government shall produce documents relating to the destruction of the tapes, which describe the persons and reasons behind their destruction, from a period reasonably longer than April through December 2002."

    Zubaydah, who is believed to have arranged travel for al-Qaeda operatives, was captured after a gunfight in Pakistan in March 2002, and was whisked away to a CIA "black site" prison on March 28, 2002.

    Documents released last week by the Senate Select Committee on Intelligence that high-level Bush administration officials, including then National Security Adviser Condoleezza Rice and Vice President Dick Cheney, began discussing using "enhanced interrogation" methods against Zubaydah in May 2002, suggesting that he may have been subjected to some techniques not yet authorized.

    Ali Soufan, a former FBI agent who first interrogated Zubaydah shortly after he was captured, complained to officials at FBI headquarters that early interrogations of Zubaydah by the CIA amounted to "borderline torture," according to a report released last year by Justice Department Inspector General Glenn Fine related to the FBI's role in harsh interrogations.

    Whether Zubaydah was tortured before the August 1, 2002, memo was issued has been a matter of debate for some time.

    In the book, "The Dark Side" by New Yorker reporter Jane Mayer, she suggested there was a turf war between the CIA and the FBI related to interrogations of "war on terror" detainees. She wrote that when CIA Director George Tenet learned that it was the FBI agents whose "rapport-building" approach resulted in valuable intelligence from Zubaydah, Tenet sent in a CIA team in April 2002, led by Dr. James Mitchell, a psychologist under contract to the agency, to take over the interrogations, which became more aggressive.

    Mayer wrote that when Mitchell arrived he told Soufan and the other FBI agent that Zubaydah needed to be treated "like a dog in a cage."

    Mitchell said Zubaydah was "like an experiment, when you apply electric shocks to a caged dog, after a while he's so diminished, he can't resist."

    Soufan and the other FBI agent argued that Zubaydah was "not a dog, he was a human being" to which Mitchell responded: "Science is science."

    The likelihood that President George W. Bush was briefed on Zubaydah's torture was reported by journalist Ron Suskind, who wrote in his book "The One Percent Doctrine" that Bush had become "obsessed" with Zubaydah and the information he might have about pending terrorist plots against the United States.

    "Bush was fixated on how to get Zubaydah to tell us the truth," Suskind wrote. Bush questioned one CIA briefer, "Do some of these harsh methods really work?"

  

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Jason Leopold is the Deputy Managing Editor at Truthout. He is the author of the Los Angeles Times bestseller, News Junkie, a memoir. Visit www.newsjunkiebook.com for a preview.

Comments

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Jason, your fine article

Jason, your fine article reveals why they may never prosecute these torturers - there were simply too many of them;plus, entire agencies of the U.S. government cooperated. My guess is that Congresspersons and Senators were whispering to each other in and around the halls of Congress, in their offices: 'have you heard what's going on in GITMO?" The fact is that Congress and Senate knew. Congress also knows, if pre-knowledge could be established, and they remained silent, complicity could be established and we could have massive indictments that would include members of Congress, Judges, Lawyers, Physicians, Psychologists and Psychiatrists. I'll tell you, though: if there are NO prosecutions, we will be pushed further down the rabbit hole of MacBeth-like ethics. Another "Bush" will be elected, who will continue where Bush and Cheney left off.

"Science is science." Maybe

"Science is science." Maybe that's what the religious right thinks science is, an amoral force, and ultimately, in their terms, an "evil" force performing soul-crushing experiments. The psychologists who gave their knowledge to revising the Chi-com "Manchurian Candidate" techniques certainly deserve to be regarded as examples of amoral science. And if the APA doesn't expel these characters from their midst, their next annual convention should be picketed. Thing is, some of the religious right are willing to use "science" in that way in order to protect their "Christian" world view and their "Crusade." It really is a cancer and has spread to the U.S. military. As one commentator put it the other night, "The U.S. Air Force Academy is a now a seminary."

The fact that Bybee is a

The fact that Bybee is a federal appeals court judge instead of cooling his heels in Leavenworth tells you everything you need to know about the US in the 21st. century. Democratic 'leaders' were briefed as early as 2002 that the illegitimate 'administration' was torturing people, but they saw fit to say nothing and do nothing, which is why prosecutions are unlikely. Their own complicity would come to light and some political careers would be ended. Plus you've got the right wing media still pretending that torture is a policy rather than a heinous crime. We should all be ashamed and outraged but since we aren't, as Mr. Spaetheica says, it's just going to keep right on happening. I wouldn't have thought that Mr. Obama would, after the campaign he ran, leave an occupying force in Iraq, escalate in Afghanistan, and pledge no prosecutions for CIA torturers, but here we are.

This entire process of

This entire process of analysis and wonderment reveals that the flaw is the reliance on the 'system'. It will not deliver us. This is deeply rooted in the materialism of capital accumulation and the values it installs. If, within these few years Obama is to be 'in charge' there is not fundamental change in our attitudes, then reliance on constitutional process is doomed. In my opinion. I don't think agencies can 'correct' themselves. And, it also seems, we cannot correct the agencies --because of the 'democratic' constraints. This requires some hard looks. i don't find them attractive but it is there.

"Science is science"...

"Science is science"... remember that the CIA has been connected with psychological torture for decades. It has even funded research about it using "respectable" universities to do its work. The good Dr. Mitchell's remark maybe says more than he thinks. Readers: imagine if ALL the CIA's documents from beginning to end were leaked to the public. What other garbage is in them? You can be absolutely sure this wouldn't "endanger" the US. This is "agency" propaganda. It would definitely endanger the folks who created this filth. Again: eliminate the CIA.

What kind of people slam a

What kind of people slam a man's head against a wall? What kind of perverse pleasure do they get out of it? What kind of people OK this torture? Would you want this man (Bybee) to judge you? Is Bybee fit to be a judge in any country? Is this the kind of leaders we want? Is this the kind of country we support? We MUST bring these people to justice. Otherwise, torture will happen again in our country. Congress can't investigate because they are too deeply involved. This investigation requires a special commission.

I am beginning to believe

I am beginning to believe congress and the CIA are afraid of an independent council appointed to uncover the truth about illegal torture. What if THEY THEMSELVES are exposed? This is MUCH bigger than appointing an independent council for lying under oath about having sex in the Oval office. MUCH BIGGER.

Mitchelle, the psychologist

Mitchelle, the psychologist who designed and controlled many of the CIA's interrogations should be prosecuted: " Mitchell said Zubaydah was "like an experiment, when you apply electric shocks to a caged dog, after a while he's so diminished, he can't resist." He is no different from the Nazi doctors who experimented on Jews in their concentration camps. The U.S. prosecuted those Nazi doctors, why has Mitchell not been charged?

A smoking gun? & heavens,

A smoking gun? & heavens, what happened to those 'few rotten apples' Bush complained of?

It's virtually guaranteed

It's virtually guaranteed that there will be no torture prosecutions for all of the reasons mentioned in other posters' entries, and in Leopold's article. We are a corrupt nation that has no shame. The entire federal government was aware of torture, knew it was a war crime, and co-operated with those who ordered the torture. Pelosi will never be held accountable. Reid will never be held accountable. No one will. Eric Holder will consistently refuse to prosecute or appoint an independent prosecutor to address the torture issue because there are too many people to protect. Obama and Holder's assertion that "no one is above the Law" is a functioning lie. We all must come to this conclusion. Dozens, perhaps hundreds, are functionally ABOVE THE LAW. The proof is in the pudding. Enough of the myth. If we were to hold the truth, we would understand that the US Constitution is an optional document that is used when convenient. Right now, with so many politicians liable for prosecution because Bush/Cheney co-opted them in the use of torture, the Constitution has been abandoned for political expediency. So let's not quibble. We have a ruling plutocracy that keeps the population complacent by using corporate media to keep us ignorant, afraid, and lied to by perpetuating the myth that we are all equal under the law. It's all for show, folks.

Upton Sinclair, I believe,

Upton Sinclair, I believe, observed that, "When fascism comes to America it will be wrapped in the Flag and carrying a Bible." We're pert' near there, folks! I doubt that Obama/Holder can really do much about it, either. The degree and extent of corruption (clearly exemplified by Bybee's court appointment) and the extent of 'burrowing' into our government's agencies of the fascist 'sleepers' from all the way back to the Nixon regime are so ubiquitous as to be almost impossible to root out. I'm not even sure a true revolution could accomplish it.