Ali Soufan Claims He Had Success with Ramzi Bin al-Shibh, Too

While I’ve been taking my sweet time getting around to the ACLU document dump from Friday, Adam Serwer has been picking up the slack. Check out these posts on the FBI’s approach to torture here and here.

One of the things included in the document dump is a re-release of DOJ’s IG Report on torture, with some new disclosures. Of particular interest are details about Ali Soufan’s (recall the IG Report refers to him by the pseudonym Thomas) brief participation in the interrogation of Ramzi bin al-Shibh.

According to the, [sic] Assistant Chief for the FBI’s Counterterrorism Operational Response Team (CTORS), he and several agents, including Thomas, traveled to a CIA-controlled facility to conduct a joint interview of Binalshibh [redacted] with the CIA. The Assistant Chief said that the detainees were manacled to the ceiling and subjected to blaring music around the clock. He said the FBI agents worked with the CIA in developing questions for Binalshibh, but were denied direct access to him for 4 or 5 days, until Thomas was given 45 minutes with him. Thomas stated that Binalshibh was naked and chained to the floor when Thomas was given access to him. Thomas told the OIG that he obtained valuable actionable intelligence in a short time but that the CIA quickly shut down the interview. According to the notes of FBI General Counsel Valerie Caproni, Deputy Assistant Director T.J. Harrington told her that the FBI agents who went to the CIA site saw Binalshibh [redacted].

I’m interested in this revelation for two reasons. First, if Soufan’s claims are correct then it shows that the FBI repeatedly got intelligence the CIA was unable to get–and that the CIA, on at least two occasions, shut down the FBI access when they were succeeding.

But I’m also interested because the National Archives has been in the process of declassifying Soufan’s interview with the 9/11 Commission since April. Some agency appears to be sitting on it.

Among the thing Soufan said in that interview is that the FBI’s Khalid Sheikh Mohammed expert was unable to interview KSM. But I wonder how many more details like this were in his interview?


About KSM’s Lies

I’ve been meaning to return to this post for some time.  But with the torture apologists teeing up for another attempt at self-justification and with Ali Soufan’s recent op-ed, now is as good a time as any.

As I suggested in that earlier post, in March 2003, the CIA subjected Khalid Sheikh Mohammed to brutal torture, including waterboarding him 183 times. Then, after that month of torture concluded, they did an assessment of what he had told him.

And the CIA itself, after torturing KSM for a month, concluded he had lied (this is from footnote 4, Chapter 7 of the 9/11 Report).

In an assessment of KSM’s reporting, the CIA concluded that protecting operatives in the United States appeared to be a "major part" of KSM’s resistance efforts. For example, in response to questions about U.S. zip codes found in his notebooks, KSM provided the less than satisfactory explanation that he was planning to use the zip code to open new email accounts. CIA report, Intelligence Community Terrorist Threat Assessment, "Khalid Shaykh Muhammed’s Threat Reporting–Precious Truths, Surrounded by a Bodyguard of Lies," April 3, 2003, pp 4-5.[my emphasis]

Compare that to what Cheney’s hagiographer’s source now claims:

"Almost all of the good information came from waterboarding and the other EITs," says a former senior U.S. intelligence official. "Once they broke, they broke for good. And then they talked forever."

Hayes’ article is (plausibly or not) entirely sourced to former and current CIA officials; presumably, they’ve seen this report. They know that as soon as CIA finished waterboarding KSM, they judged that he was lying particularly about anything that would expose US operations. Yet they are out still trying to claim information KSM gave them after that point–in July and September and the following years–was tied directly to the waterboarding they did before they concluded KSM was lying to them. 

And while we’re on the subject of lying, let’s return to what KSM has said he lied about while being tortured during his 2007 Combatant Status Review Tribunal.

… I make up stories just location UBL. Where is he? I don’t know. Then he torture me. Then I said yes, he is in this area of this is al Qaida which I don’t him.

So in addition to the information about US operatives that CIA believed KSM was lying about while he was being tortured, KSM himself maintains he lied about where Osama bin Laden was.

Continue reading


From the Blogger’s Basement on Jane Mayer

Since Spencer asked, I read Jane Mayer’s piece this morning while sitting at my kitchen table eating mr. ew’s "best in the world" sourdough pancakes (from our homegrown sourdough), syrup from my syrup guy out in Mason, my butcher Bob’s amazing breakfast links, and locally roasted Ethiopian Yirgacheffe coffee. Though I admittedly read it while still wearing the t-shirt I had slept in.

Aside from the bloggers-on-cheetos slur, there were some interesting bits in the story. Mayer catalogs the changing fortunes of Mitchell and Jessen’s torture boondoggle.

In April, Panetta fired all the C.I.A.’s contract interrogators, including the former military psychologists who appear to have designed the most brutal interrogation techniques: James Mitchell and Bruce Jessen. The two men, who ran a consulting company, Mitchell, Jessen & Associates, had recommended that interrogators apply to detainees theories of “learned helplessness” that were based on experiments with abused dogs. The firm’s principals reportedly billed the agency a thousand dollars a day for their services. “We saved some money in the deal, too!” Panetta said. (Remarkably, a month after Obama took office the C.I.A. had signed a fresh contract with the firm.)

According to ProPublica, the investigative reporting group, Mitchell and Jessen’s firm, which in 2007 had a hundred and twenty people on its staff, recently closed its offices, in Spokane, Washington. One employee was Deuce Martinez, a former C.I.A. interrogator in the black-site program; Joseph Matarazzo, a former president of the American Psychological Association, was on the company’s board. (According to Kirk Hubbard, the former head of the C.I.A.’s research and analysis division, Matarazzo served on an agency professional-standards board during the time the interrogation program was set up, but was not consulted about the interrogations.)

I’ll note that April was the same month that the ICRC Report, SASC Report, and Ali Soufan’s first public statements came out (all of which specifically implicated the contractors). It’s amazing how quickly a little sunshine can make outsourcing torture unsustainable.

Mayer also notes something I’ve been sensing too–that John Durham’s investigation into the torture tape destruction may well have to investigate the reasons why the CIA had to destroy the tapes, most notably all the torture they did before OLC had authorized it.

A prosecutor appointed by the Justice Department, John Durham, has convened a grand jury in Washington to weigh potential criminal charges against C.I.A. officers who were involved in the destruction of ninety-two videotapes documenting the interrogations of Abu Zubaydah and other detainees. Continue reading


Whitehouse: Laying the Groundwork for the Torture Case

KeithO had Sheldon Whitehouse on this evening to set up his torture hearing tomorrow (10 AM, and yes, I’m liveblogging it). Here’s what Whitehouse said he hopes to accomplish tomorrow.

I hope what America will learn is that the facts that were alleged in the torture memos are very likely not true, the legal theories were contested even by Bush Administration lawyers who weren’t in on the fix, and a little bit about what the consequences are for lawyers who commit professional malfeasance.

I explained how Ali Soufan has (and will) shown that "the facts that were alleged in the torture memos" are not true here:

Ali Soufan, the FBI interrogator described in the DOJ IG report on interrogation as the interrogator (whom they call "Thomas") who called CIA’s tactics on AZ, "borderline torture," has an important op-ed in the NYT. He writes,

One of the most striking parts of the memos is the false premises on which they are based. 

I pointed this out myself, in a post on why the debate over whether these techniques were necessary and effective is so heated.

Check out what the second paragraph of the Bybee Memo says:

Our advice is based upon the following facts, which you have provided to us. We also understand that you do not have any facts in your possession contrary to the facts outlined here, and this opinion is limited to these facts. If these facts were to change, this advice would not necessarily apply. Zubaydah is currently being held by the United States. The interrogation team is certain that he has additional information that he refuses to divulge. Specifically, he is withholding information regarding terrorist networks in the United Stares or in Saudi Arabia and information regarding plans to conduct attacks within the United States or against our interests overseas. Zubaydah has become accustomed to a certain level of treatment and displays no signs of willingness to disclose further information. Moreover, your intelligence indicates that there is currently level of "chatter" equal to that which preceded the September 11 attacks. In light of the information you believe Zubaydah has and the high level of threat you believe now exists, you wish to move the interrogations into what you have described as an "increased pressure phase." [my emphasis]

Here’s what Ali Soufan says:

It is inaccurate, however, to say that Abu Zubaydah had been uncooperative. Continue reading


Zelikow, the 9/11 Commission, and Effectiveness

If you’ve been paying attention, you know I’ve been poring through the 9/11 Report to figure out how useful the interrogation reports from the waterboarded detainees were, and when they made them.

That exercise shows that the 9/11 Report found just 10 pieces of intelligence from Abu Zubaydah’s interrogation reports informative and credible; it found just 16 pieces of such intelligence in al-Nashiri’s interrogation reports. And while the Commission did find KSM’s interrogation reports to be incredibly useful, an incomplete index (I’m working on this, but it’s on the back burner for the next week) of the references to KSM show that many of his most productive interrogation sessions came long after he was waterboarded. And, as Philip Zelikow made clear in a memo relating to the torture tape destruction, there were abundant other problems with the quality of the interrogation reports coming from CIA, too.

I emailed Zelikow yesterday to see if he would answer some more questions on this. He hasn’t responded and I haven’t had time to follow-up.

But it looks like I may not have to. Zelikow promises to address some of these issues shortly.

I will have more to say on the topic of effectiveness later. 

Of particular interest, he makes this promise to address the effectiveness of torture in the context of the work the 9/11 Commission did with Ali Soufan, the FBI interrogator who called George Bush a liar yesterday.

I met and interviewed Soufan in the course of my work at the 9/11 Commission, while he was still doing important work at the FBI. From my commission work, my fellow staffers and I had direct knowledge about several of the specific assertions Soufan makes in this piece: about Abu Zubaydah, Ramzi Binalshibh, and Khalid Sheikh Mohammed. My fellow staffers and I considered Soufan to be credible. Indeed, Soufan is fluent in Arabic, and he seemed to us to be one of the more impressive intelligence agents — from any agency — that we encountered in our work.

If the 9/11 Commission spoke with Soufan about AZ’s treatment (Zelikow does not say they did, though he does say they asked why Soufan’s KSM-expert colleague wasn’t involved in those interrogations), it might explain why only 10 pieces of intelligence from AZ show up in the 9/11 Report. 

In this post, Zelikow also confirms something I suggested this afternoon. Continue reading


Abu Zubaydah’s FBI Interrogator Removes the Legal Cornerstone of the Torture Regime

Ali Soufan, the FBI interrogator described in the DOJ IG report on interrogation as the interrogator (whom they call "Thomas") who called CIA’s tactics on AZ, "borderline torture," has an important op-ed in the NYT. He writes,

One of the most striking parts of the memos is the false premises on which they are based. 

I pointed this out myself, in a post on why the debate over whether these techniques were necessary and effective is so heated.

Check out what the second paragraph of the Bybee Memo says:

Our advice is based upon the following facts, which you have provided to us. We also understand that you do not have any facts in your possession contrary to the facts outlined here, and this opinion is limited to these facts. If these facts were to change, this advice would not necessarily apply. Zubaydah is currently being held by the United States. The interrogation team is certain that he has additional information that he refuses to divulge. Specifically, he is withholding information regarding terrorist networks in the United Stares or in Saudi Arabia and information regarding plans to conduct attacks within the United States or against our interests overseas. Zubaydah has become accustomed to a certain level of treatment and displays no signs of willingness to disclose further information. Moreover, your intelligence indicates that there is currently level of "chatter" equal to that which preceded the September 11 attacks. In light of the information you believe Zubaydah has and the high level of threat you believe now exists, you wish to move the interrogations into what you have described as an "increased pressure phase." [my emphasis]

Here’s what Ali Soufan says:

It is inaccurate, however, to say that Abu Zubaydah had been uncooperative. Along with another F.B.I. agent, and with several C.I.A. officers present, I questioned him from March to June 2002, before the harsh techniques were introduced later in August. Under traditional interrogation methods, he provided us with important actionable intelligence.

We discovered, for example, that Khalid Shaikh Mohammed was the mastermind of the 9/11 attacks. Abu Zubaydah also told us about Jose Padilla, the so-called dirty bomber. This experience fit what I had found throughout my counterterrorism career: traditional interrogation techniques are successful in identifying operatives, uncovering plots and saving lives.

There was no actionable intelligence gained from using enhanced interrogation techniques on Abu Continue reading