Khalid Sheikh Mohammed

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The 2 Year Delay in Getting ASSET X to Bring Us to Khalid Sheikh Mohammed

We’ve known for some time that CIA found Khalid Sheikh Mohammed with the help of a walk-in source. Terry McDermott and Josh Meyer describe the source as “Baluchi” in their book, The Hunt for KSM–someone, like KSM, from Baluchistan.

But the Torture Report provides a different take for the delay in having him lure in KSM, which McDermott and Meyer describe as more than a year and the Torture Report describes ASSET X, the source in question, as approaching the CIA in spring 2001. (This heavily redacted narrative starts on page 328) The CIA did not meet with him until after 9/11, probably some time after September 26, 2001. Per the Senate Report (the CIA disputes that they knew what he could bring them until after starting to torture), before the end of the year, ASSET X “proposed multiple times to the CIA that he use his contacts to locate KSM through [redacted]–the same approach that would lead the CIA to KSM more than 15 months later.” He apparently argued for a “more aggressive and proactive approach” than the CIA, but was persuaded otherwise. Then ALEC Station rejected ASSET X’s monetary demands.

So they lost him. For 9 months.

In July 2002, a detainee in foreign government custody confirmed that ASSET X “should know how to contact KSM.”

The CIA appears to have sent ASSET X to do something else before going after KSM, during which period his handler — whom McDermott and Meyer say was an Iranian-American flying into Pakistan whenever ASSET X wanted to meet — got reassigned. When a new officer took over handling ASSET X, he almost lost him.

ASSET X was thus handled by a new CIA officer who was unfamiliar with ASSET X’s potential utility in tracking KSM. Seeking guidance on how to proceed with ASSET X, the new CIA case officer sent several cables to CIA Headquarters, which he later described as disappearing into a “black hole.” According to an interview of a CIA officer involved in the operation, the cables were being sent to a special compartment at CIA Headquarters which had been previously used by the team [redacted]. With the dispersal of that CIA team, however, the compartment was idle and no one at CIA Headquarters was receiving and reading the cables being sent to the special compartment. When the CIA case officer received no response to the cables he was sending to CIA Headquarters, he made preparations to terminate the CIA’s relationship with ASSET X. According to interviews, in [redacted] 2002, the CIA officer [redacted] and was on his way to meet ASSET X to terminate the asset’s relationship withthe CIA. By chance, the CIA officer who had previously handled ASSET X [redacted] was visiting [redacted]. This visiting CIA officer overheard the discussion between the chief of Base and the CIA case officer concerning the CIA’s termination of ASSET X as a CIA source. The discussion included names that ASSET X had been discussing with the case officer [redacted]—names that the visiting officer recognized [redacted]. The visiting CIA officer interceded and recommended that the CIA Base delay the termination of ASSET X as a CIA source. At the next meeting ASSET X again demonstrated that he had direct access to KSM’s [redacted]. As a result, the CIA decided not to terminate ASSET X’s work as a CIA source.

ASSET X then traveled on his own and set up a meeting with KSM, which set off something the report redacts entirely. The debate over whether to go after KSM’s associates or directly after him appears to have continued, however.

The internal debate within the CIA continued, however, with the [redacted] and ASSET X and his CIA handlers urging the CIA to delay action and wait for an opportunity for ASSET X to locate KSM. ALEC Station initially supported immediate action to capture any KSM associate ASSET X could lead them to, before reversing its position on February [redacted] 2003. The next day, ASSET X arrived in Islamabad [redacted] where he was surprised to find KSM.

After some reservations (not included in McDermott and Meyer’s description), ASSET X appears to have again been able to locate KSM, after which Pakistani authorities conducted a raid and caught the 9/11 mastermind.

That is, even aside from CIA’s claims that they didn’t know ASSET X could bring them to KSM without further evidence gained through torture, there seems to have been delay and debate about how to do it and in what priority. But it appears the guy who eventually led the CIA to KSM had offered up his services even before 9/11.

It just took two years before the CIA would act on his ability to bring them to KSM.

KSM Had the CIA Believing in Black Muslim Convert Jihadist Arsonists in Montana for 3 Months

Before I get into the weeds, let me be clear: there are almost no black Muslims in Montana. Just 0.6% of Montana’s roughly 1 million people are African American, or about 6,100 total. Just 0.034 Montanans identify as Muslim (or around 345 people). Montana has both the fewest African Americans and fewest Muslims. It is almost certainly the least likely state to find black Muslims seeking to wage jihad.

Nevertheless, Khalid Sheikh Mohammed had the CIA believing he was going to send Dhiren al-Barot (an Indian Muslim Brit whom KSM did have case out actual US terrorist targets in 2000) to Montana to recruit African American converts to Muslim to start forest fires.

On March 17, 2003, KSM stated that, prior to the September 11, 2001, attacks, he tasked Issa[al-Hindi, whose real name is Dhiren Barot] to travel to the United States to “collect information on economic targets.” On March 21, 2003, KSM was waterboarded for failing to confirm interrogators’ suspicions that KSM sought to recruit individuals from among the African American Muslim community. KSM then stated that he had talked with Issa about contacting African American Muslim groups prior to September 11, 2001 The next day KSM was waterboarded for failing to provide more information on the recruitment of African American Muslims. One hour after the waterboarding session, KSM stated that he tasked Issa “to make contact withblack U.S. citizen converts to Islam in Montana,” and that he instructed Issa to use his ties to Shaykh Abu Hamza al-Masri, a U.K.-based Imam, to facilitate his recruitment efforts.KSM later stated that Issa’s mission in the United States was to surveil forests to potentially ignite forest fires.1502

It took the ALEC Station team over 3 months to conclude that KSM’s plan to send an Indian Muslim to Montana to recruit virtually non-existent African American Muslim converts to start forest fires was a fabrication, in part because they first spent a week after he recanted this claim believing it was an attempt to trick them again.

On June 22, 2003, CIA interrogators reported that “[KSM] nervously explained to debriefer that he was under ‘enhanced measures’ when he made these claims” about terrorist recruitment in Montana, and “simply told his interrogators what he thought they wanted to hear.”1505 A CIA Headquarters response cable stated that the CIA’s ALEC Station believed KSM’s fabrication claims were “another resistance/manipulation ploy” and characterized KSM’s contention that he “felt ‘forced’ to make admissions” under enhanced interrogation techniques as “convenient excuses.” As a result, ALECStation urged CIA officers at tiie detention site to get KSM to reveal “who is the key contact person in Montana?”1506 [citing a June 26, 2003 ALEC Station cable] By June 30, 2005, ALEC Station had concluded that KSM’s reporting about African American Muslims in Montana was”an outright fabrication.”

A year after CIA decided KSM was not really going to have a non-existent cell of black Muslims start forest fires, the FBI nevertheless warned a bunch of Rocky Mountain states, including Montana, to be on guard for the threat.

I can think of many more useful things the national security establishment could be doing than chasing ghosts — non-existent black Muslim jihadist ghosts, in the forests of Montana. But by torturing, we signed up to a ghost chase.

Why Did Alfreda Bikowsky Invent a Story about al Qaeda Trash-Talking Us?

One curious revelation in the Torture Report is the specific stories invented by the torturers. One of those is the oft-repeated claim that Abu Zubaydah said detainees were only permitted to start talking after they had reached the limits of their ability to endure torture.

The CIA has consistently represented that Abu Zubaydah stated that the CIA’s enhanced interrogation techniques were necessary to gain his cooperation. For example, the CIA informed the OLC that:

As Zubaydah himself explained with respect to enhanced techniques,’brothers who are captured and interrogated are permitted by Allah to provide information when they believe they have ‘reached the limit of their ability to withhold it’ in the face of psychological and physical hardships.

As is described in greater detail in the full Committee Study, CIA records do not support the CIA representation that Abu Zubaydah made these statements.229 CIA records indicate that Abu Zubaydah maintained that he always intended to talk and never believed he could withhold information from interrogators.230 In February 2003, Abu Zubaydah told a CIA psychologist that he believed prior to his capture that every captured “brother” would talk in detention and that he told individuals at a terrorist training camp that “brothers should be able to expect that the organization will make adjustments to protect people and plans when someone with knowledge is captured.”231

229 While there no records of Abu Zubaydah making these statements, the deputy chief of ALEC Station, [redacted, Alfreda Bikowsky] told the Inspector General on July 17, 2003, that the “best information [the CIA] received on how to handle the [CIA] detainees came from a walk-in [a source [redacted] to volunteer information to the CIA] after the arrest of Abu Zubaydah. He told us we were underestimating Al-Qa’ida. The detainees were happy to be arrested by the U.S. because they got a big show trial. When they were turned over to [foreign governments], they were treated badly so they talked. Allah apparently allows you to talk if you feel threatened. The [CIA] detainees never counted on being detained by us outside the U.S. and being subjected to methods they never dreamed of.” See [redacted] Memorandum for the Record; subject: meeting with deputy chief, Counterterrorist Center ALEC Station; date: 17 July 2003.

More interesting still, CIA claimed that both Abu Zubaydah and Khalid Sheikh Mohammed said the US was weak and would not do what is necessary — purportedly meaning, torture — to combat al Qaeda.

The CIA representation that Abu Zubaydah “expressed [his] belief that the general US population was ‘weak,’ lacked resilience, and would be unable to ‘do what was necessary’ to prevent the terrorists from succeeding in their goals” is not supported by CIA records.1190

On August 30, 2006, a CIA officer from the CIA’s al-Qa’ida Plans and Organization Group wrote: “we have no records that ‘he declared that America was weak, and lacking in resilience and that our society did not have the will to ‘do what was necessary’ to prevent the terrorists from succeeding in their goals.’”1191 In a CIA Sametime communication that same day, a CIA ALEC Station officer wrote, “I can find no reference to AZ being deifant [sic] and declaring America weak… in fact everything I have read indicated he used a non deifiant [sic] resistance strategy.” In response, the chief of the [redacted] Department in CTC, [redacted], wrote: “I’ve certainly heard that said of AZ for years, but don’t know why….” The CIA ALEC Station officer replied, “probably a combo of[deputy chief of ALEC Station, [redacted, Alfreda Bikowsky] and [redacted]. I’ll leave it at that.” The chief of the Department completed the exchange, writing “yes, believe so… and agree, we shall pass over in silence.”1192

[snip]

Finally, the CIA attributed to KSM,along with Abu Zubaydah, the statement that “the general US population was ‘weak,’ lacked resilience, and would be unable to ‘do what was necessary’ to prevent the teiTorists from succeeding in their goals.”1265 There are no CIA operational or interrogation records to support the representation that KSM or Abu Zubaydah made these statements.

It seems to suggest both of these claims came from Alfreda Bikowsky, who was Deputy Chief of ALEC station in this period. Indeed, it suggests that others within CIA believed she (and someone else, whose name is redacted) made that up.

These aren’t the only oft-repeated stories the report says were made up (others include the claim that Abu Zubaydah wrote the al Qaeda manual, which was always so problematic it’s surprising it lasted this long).

But I find it interesting that Bikowsky, in particular, seems to have been inventing this kind of trash talking from al Qaeda. Trash talking that served to justify torture.

Moussaoui Wants to Testify Against the Saudi Banks

Zacarias Moussaoui sent a letter to the judge presiding over a lawsuit against Jordanian Arab Bank, offering to testify against that bank and several Saudi banks that he says supported 9/11.

I want to testify against financial institutions such as Arab Bank, Saudi American Bank, the National Commercial Bank of Saudi Arabia for their support and financing of Usama bin Laden and Al Qaeda from the time of the Eastern Africa embassy bombing, U.S.S. Cole bombing and 9/11.

As Alison Frankel — who broke this story — noted, Moussaoui’s testimony would be inappropriate in the case in question, which found that Arab Bank funded Hamas.

But that’s not the most interesting part of her report (and Moussaoui’s letter). He claims the lawyers for the 9/11 victims have tried to meet with him in the SuperMax at Florence, CO, and also claims he sent a letter to the judge presiding over that case, where his testimony would be on point.

Moussaoui said that plaintiffs’ lawyers representing victims of the Sept. 11 attacks have requested permission to meet with him but that prison officials have denied the request. Moussaoui also claimed that he has previously offered to testify about al Qaeda financing in letters to the judge overseeing the Sept. 11 victims’ consolidated litigation, U.S. District Judge George Daniels of Manhattan, but that he does not know if the prison has mailed them. The docket in that case does not show any communications from Moussaoui, who was once named as a defendant by Sept. 11 victims.

The implication is that the Special Administrative Measures to which Moussaoui is subject may be preventing his letters from getting out or plaintiffs lawyers from being able to meet with him.

I’m not convinced Moussaoui would really have known about the financing of the 9/11 attack; from reports, al Qaeda kept the operation much better compartmented than that, and Khalid Sheikh Mohammed reportedly had real questions about the competence of Moussaoui (which is why he got others for the mission). Plus, Moussaoui’s been in solitary so long, it’s unclear how cogent he can be (though his letter sounds more cogent than some of what he sent during his own trial).

Still, I am curious whether the government has been using the SAMs imposed on Moussaoui as yet another way to bury larger Saudi complicity in the attacks.

Remember that Nashiri’s Torture — “Real Torture” — Didn’t Work

Yesterday, the Telegraph reported that the “waterboarding” used with Khalid Sheikh Mohammed and Abd al-Rahim al-Nashiri was far worse than described before — more actual drowning to the point of death than “pours.”

The description of the torture meted out to at least two leading al-Qaeda suspects, including the alleged 9/11 mastermind Khalid Sheikh Mohammed, far exceeds the conventional understanding of waterboarding, or “simulated drowning” so far admitted by the CIA.

“They weren’t just pouring water over their heads or over a cloth,” said the source who has first-hand knowledge of the period. “They were holding them under water until the point of death, with a doctor present to make sure they did not go too far. This was real torture.”

That CIA was drowning people rather than “pouring” water over them is not news. Details described by the Telegraph exactly match the WaPo’s description of CIA’s drowning of Ammar al-Baluchi just months after KSM’s worst torture.

If declassified, the report could reveal new information on the treatment of a high-value detainee named Ali Abdul Aziz Ali, the nephew of Khalid Sheik Mohammed, the self-proclaimed mastermind of the Sept. 11 attacks. The Pakistanis captured Ali, known more commonly as Ammar al-Baluchi, on April, 30, 2003, in Karachi and turned him over to the CIA about a week later. He was taken to a CIA black site called “Salt Pit” near Kabul.

At the secret prison, Baluchi endured a regime that included being dunked in a tub filled with ice water. CIA interrogators forcibly kept his head under the water while he struggled to breathe and beat him repeatedly, hitting him with a truncheon-like object and smashing his head against a wall, officials said.

As with Zubaida and even Nashiri, officials said, CIA interrogators continued the harsh treatment even after it appeared that Baluchi was cooperating.

But I’m a little curious about this story.

It comes from a “security source” (which sounds like a contractor), single sourced. And it describes the treatment of two detainees whose torture has been most closely scrutinized, which makes it interesting this is only coming out now.

All that said, one question I hope we’ll answer once the summary of the SSCI torture report gets released later this year is what happened with Nashiri’s waterboarding.

Two things distinguish his treatment from Abu Zubaydah and KSM’s, after all: at least according to public reports, he was only waterboarded twice (by whatever twisted means you want to quantify torture). More interestingly, even Liz BabyDick Cheney doesn’t claim Nashiri gave up useful information after being waterboarded.

There’s a story about Nashiri’s “waterboarding” that’s overdue to be told. I wonder how close to death CIA brought him?

Behold, John Brennan’s Scary Memo!

Brennan with TortureI’ve been writing for a long time about the “Scary Memos” the government used to justify its dragnet.

As the Joint IG Report described, they started in tandem with George Bush’s illegal wiretap program, and were written before each 45-day reauthorization to argue the threat to the US was serious enough to dismiss any Fourth Amendment concerns that the President was wiretapping Americans domestically.

Jack Goldsmith relied on one for his May 6, 2004 memo reauthorizing some — but not all — of the dragnet.

Yesterday, James Clapper’s office released the Scary Memo included in the FISA Court application to authorize the Internet dragnet just two months later, on July 14, 2004.

ODNI calls it the Tenet Declaration — indeed it is signed by him (which, given that he left government on July 11, 2004 and that final FISC applications tend to be submitted days before their approval, may suggest signing this Scary Memo was among the very last things he did as CIA Director).

Yet the Memo would have been written by the Terrorist Threat Integration Center, then headed by John Brennan.

Much of the Scary Memo describes a “possible imminent threat” that DOJ plans to counter by,

seeking authority from this Court [redacted] to install and use pen register and trap and trace devices to support FBI investigations to identify [redacted], in the United States and abroad, by obtaining the metadata regarding their electronic communications.

There is no mention of NSA. There is no mention that the program operated without legal basis for the previous 2.5 years. And there’s a very curious redaction after “this Court;” perhaps CIA also made a show of having the President authorize it, so as to sustain a claim that all this could be conducted exclusively on Presidential authority?

After dropping mention of WMD – anthrax! fissile material! chemical weapons! — the Scary Memo admits it has no real details about this “possible imminent threat.”

[W]e have no specific information regarding the exact times, targets, or tactics for those planned attacks, we have gathered and continue to gather intelligence that leads us to believe that the next terrorist attack or attacks on US soil could be imminent.

[snip]

Reporting [redacted] does not provide specific information on the targets to be hit or methods to be used in the US attack or attacks.

But based on “detainee statements and [redacted] public statements since 9/11,” the Scary Memo lays out, CIA believes al Qaeda (curiously, sometimes they redact al Qaeda, sometimes they don’t) wants to target symbols of US power that would negatively impact the US economy and cause mass casualties and spread fear.

It took an “intelligence” agency to come up with that.

Based on that “intelligence,” it appears, but not on any solid evidence, CIA concludes that the Presidential conventions would make juicy targets for al Qaeda.

Attacks against or in the host cities for the Democratic and Republican Party conventions would be especially attractive to [redacted].

And because of that — because CIA’s “intelligence” has decided a terrorist group likes to launch attacks that cause terror and therefore must be targeting the Presidential conventions — the FBI (though of course it’s really the NSA) needs to hunt out “sleeper cells.”

Identifying and disrupting the North American-based cells involved in tactical planning offers the most direct path to stopping an attack or attacks against the US homeland. Numerous credible intelligence reports since 9/11 indicate [redacted] has “sleepers” in North America. We judge that these “sleepers” have been in North American, and the US in general, for much of the past two years. We base our judgment, in part, [redacted] as well as on information [redacted] that [redacted] had operatives here.

Before we get to what led CIA to suggest the US was targeted, step back and look at this intelligence for a moment. This report mentions detainee reporting twice. It redacts the name of what are probably detainees in several places. Indeed, several of the claims in this report appear to match those from the exactly contemporaneous document CIA did on Khalid Sheikh Mohammed to justify its torture program, thus must come from him.

Yet, over a year after KSM had been allegedly rendered completely cooperative via waterboarding, CIA still did not know the answer to a question that KSM was probably one of the only people alive who could answer.

We continue to investigate whether the August 2001 arrest of Zacarias Moussaoui may have accelerated the timetable for the 9/11 attacks because he knew of al-Qa’ida’s intention to use commercial aircraft as weapons.

Nevertheless, they believed KSM was being totally straight up and forthcoming.

Note, too, the CIA relied on claims of sleeper cells that were then two years old, dating back to the time they were torturing Abu Zubaydah, whom we know did give “intelligence” about sleeper cells.

To be sure, we know CIA’s claims of a “possible imminent threat” in the US do not derive exclusively from CIA’s earlier torture (though CIA had claimed, just months earlier, that their best intelligence came from that source for the Inspector General’s report).

Less than 3 weeks after this Scary Memo was written, we’d begin to see public notice of this “possible imminent threat,” when Tom Ridge raised the threat level on August 1, 2004 because of an election year plot, purportedly in response to the capture of Muhammad Naeem Noor Khan in Pakistan on July 13 (which could only have been included in “the Tenet declaration” if Khan were secretly arrested and flipped earlier, because Tenet was no longer CIA Director on July 13). But what little basis the election year plot had in any reality dated back to the December 2003 British arrest and beating of Khan’s cousin, Babar Ahmed, which would lead to both Khan’s eventual capture as well as the British surveillance of Dhiren Barot as early as June 10 and the latter’s premature arrest on August 3. KSM’s nephew, Musaad Aruchi, was also handed over by Pakistan to CIA on June 12; best as I know, he remains among those permanently disappeared in CIA’s torture program. This would also lead to a new round of torture memos reauthorizing everything that had been approved in the August 1, 2002 Bybee Memo plus some.

The claims the US was a target derive, based on the reporting in the NYT, from Dhiren Barot. Barot apparently did want to launch a terrorist attack. Both KSM and Hambali had identified Barot during interrogations in 2003, and he had scouted out attack sites in the US in 2000 and 2001. But his active plots in 2004 were all focused on the UK. In 2007 the Brits reduced his sentence because his plots weren’t really all that active or realistic.

Which is to say this election plot — the Scary Plot that drives the Scary Memo that provided the excuse for rolling out (or rather, giving judicial approval for continuing) an Internet dragnet that would one day encompass all Americans — arose in significant part from 2003 torture-influenced interrogations that led to the real world detention of men who had contemplated attacking the US in 2000, but by 2004 were aspirationally plotting to attack the UK, not the US, as well as men who may have been plotting in Pakistan but were not in the US.

That, plus vague references to claims that surely were torture derived, is what John Brennan appears to have laid out in his case for legally justifying a US dragnet.

You see, it’s actually John Brennan’s dragnet — it all goes back to his Scary Memo — and his role in it is presumably one of the reasons he doesn’t want us to know how many lies went into the CIA torture program.

Brennan’s Scary Memo provides yet more evidence how closely linked are torture and the surveillance of every American.

Intelligence Response to KSM’s Claim Intelligence Supersedes Justice Holds Up His Own Trial

Matt Apuzzo collects the thoughts of a number of people who are getting frustrated with the way the CIA and FBI (though I suspect it might be CIA and CIA) keep holding up the Gitmo show trials.

Most damning of them is this quote from top military justice lawyer professor, Eugene Fidell.

“It’s a courtroom with three benches,” said Eugene R. Fidell, who teaches military justice at Yale Law School. “There’s one person pretending to be the judge, and two other agencies behind the scenes exerting at least as much influence.”

That assessment is not all that far from the claim Khalid Sheikh Mohammed made in the propaganda tract behind this latest delay.

Every democratic country in the west has a constitution, an executive branch, a judicial branch, and a legislative branch. They also have a big black box above and beyond these branches that implements all that it sees as being in the interest of the country or ruling party without consideration for any constitution, morality, religion, or principle. This black box is called Intelligence and its authority supersedes all other considerations.

The Kangaroo Court trying KSM is proving him right. That’s not a good thing.

Dangerous Censored Documents, in Soviet Russia and War on Terror America

Yesterday, in announcing the public release of documents relating to CIA’s publication of a Russian edition of Dr. Zhivago, the CIA bragged (justifiably) about its Cold War success in making books Warsaw Pact governments had banned available within those countries.

In a memo dated April 24, 1958 a senior CIA officer wrote: “We have the opportunity to make Soviet citizens wonder what is wrong with their government when a fine literary work by the man acknowledged to be the greatest living Russian writer is not even available in his own country [and] in his own language for his people to read.”

[snip]

Obtaining, publishing, and distributing banned books like Doctor Zhivago was an important Cold War-era success story for the CIA.

Even as CIA was declassifying the documents underlying Peter Finn’s book on this topic, the 9/11 Gitmo trial was being stalled, once again, by issues arising from the Court’s fragile Constitutional foundation.

The issue, this time, makes for ironic comparison with CIA’s boasts of making banned texts available to societies where the government was too fragile to release such texts.

On Monday, the 9/11 defense lawyers revealed that their Defense Security Officer had been recruited as an informant by the FBI as part of an investigation into how an unclassified 36-page tract written by Khalid Sheikh Mohammed became available to the HuffPo.

The Gitmo prosecutors claim to have no knowledge of the FBI investigation.

At Monday’s hearing, the judge pointedly asked the prosecutor, Army Brig. Gen. Mark Martins, if his prosecution team was “aware of this visit” by two agents to the bin al Shibh team member’s house on Sunday, April 6, to question him after church. At issue, in part, was how the Huffington Post and Britain’s Channel 4 television got a copy of the Mohammed commentary.

“No, we were not,” Martins replied — even before the judge had finished his question.

[snip]

At the prison, spokesman Navy Cmdr. John Filostrat on Monday night replied to a question of whether the prison staff asked the FBI to investigate the document this way: “I am unaware of any investigation and won’t get into ongoing legal proceedings, anyway.”

Tuesday, a Pentagon spokesman said that while Martins did give the FBI the copy of the Mohammed document neither the chief prosecutor “nor the prosecution team had any idea that an investigation was launched.”

“He gave it to the FBI to maintain as evidence in event that there could at some point be an investigation,” said Army Lt. Col. Todd Breasseale, “and in the event that it is determined that releasing [Mohammed’s 36-page commentary] was unlawful.”

Nevertheless, it appears someone requested an investigation into the disclosure. And DOJ’s part of the prosecution team suggests the judge would infringe on Executive Branch privileges if he investigates the FBI investigation.

Separately, a lead case prosecutor, Ed Ryan of the Justice Department warned the judge against asking to question the FBI agents who visited a defense team member.

“Your Honor is suggesting that you want to investigate an ongoing investigation. There are numerous government privileges that would be at stake,” Ryan said at the hearing. “I think the commission would be greatly mistaken to go down a road of trying to look inside an ongoing investigation being conducted by the Federal Bureau of Investigation if, in fact, one exists.”

Defense Attorneys also complained that a (perhaps now former) member of the Prosecution team is the Chief of Staff to FBI Deputy Director Mark Giuliano.

And then finally, there’s a member of the trial team, Ms. Baltes, who is also — who also serves as the Chief of Staff to the Deputy Director of the FBI. And I appreciate counsel’s unequivocal statement that the prosecution was not aware of this investigation, did not know — did not know that an investigation was taking place and did not direct FBI agents to go and try to penetrate Mr. Harrington’s team, but somebody did, and somebody at the FBI did. And I don’t think it’s too much of a leap to imagine that when a member of the trial team has a dual role as the Chief of Staff to the Deputy Director of the FBI, that there could be an interface there, and I think it would be appropriate to examine Ms. Baltes as well.

Joanna Baltes happens to have been the lawyer who, in January, refused to admit in public that the CIA had installed a means to censor Gitmo proceedings, unbeknownst to the Judge. Is she, once again, answering to the CIA above and beyond her obligations to a court purportedly delivering independent justice?

So our attempt to hold the perpetrators for 9/11 responsible for their crimes has once again ground to a halt as the Judge investigates whether and why (and at whose behest) the FBI is investigating the release of KSM’s unclassified writings.

Americans might ask, like Russians before them, “wonder what is wrong with their government” that we must delay justice in the 9/11 attack because someone made a shitty tract from KSM publicly available.

Don’t get me wrong. Unlike Boris Pasternak’s novel, KSM’s tract is not literature, not even close. Continue reading

CIA’s Own Records of CIA’s Lies to Congress

Monday, WaPo made big news for reporting what Ron Wyden made clear 14 months ago: a key conclusion of the Senate Torture report is that CIA lied to Congress (and DOJ and the White House).

But much of this has been clear for even longer, having been exposed in some form in 2009-10.

Yet much of that got lost in CIA’s aggressive attack on Congress — one that anticipated what we’ve seen and will surely continue to see with the release of the Torture Report.  At the time, CIA attempted to claim Congress had been fully briefed on torture, and therefore shouldn’t criticize the agency. Yet it gradually became clear how laughable CIA’s claims were. Along the way details of the lies CIA told in briefings came out.

The lies CIA told Congress in its first several years of the torture program include that it,

  • Refused, at first, to reveal that the CIA relied on the September 17, 2001 Finding and therefore hid that the President had personally authorized the torture.
  • Briefed on torture techniques that had happened months in the past, but claimed they had never yet been used.
  • Falsely claimed CIA had not tortured before the August 1 memos purportedly authorizing it.
  • Claimed Abd al Rahim al-Nashiri and Abu Zubaydah were not yet compliant as late as February 2003, even though they had been found compliant, after which CIA continued to use torture anyway.
  • Claimed the torture tapes were a perfect match with what had been recorded in the torture log when a CIA OGC lawyer reviewed them in December 2002.
  • Did not disclose the tapes had already been altered by the time CIA OGC reviewed them.
  • Claimed the torture tapes had shown the torturers followed DOJ’s guidance when in fact they showed the torturers exceeded DOJ guidance.
  • Misled regarding whether the detainees who had been killed had been tortured.
  • Oversold the value of information provided by Abu Zubaydah.
  • Lied about importance of torture in getting Abu Zubaydah to talk.

There are a number of claims CIA made that are almost certainly also false — most notably with regards to what intelligence came from torture — but most of that didn’t get recorded in the CIA’s records. I fully expect we’ll find details of those in the Senate Intelligence Committee report.

September 17, 2001: Bush signs “Gloves Come Off” Memorandum of Notification that authorizes capture and detention of top al Qaeda leaders, but leaves CIA to decide the details of that detention

Before I focus on the briefings, some background is in order.

Torture started as a covert operation authorized by the September 17, 2001 Memorandum of Notification. Under the National Security Act, the Intelligence Committees had to be briefed on that Finding and they were. However, the Finding was structured such that it laid out general ideas — in this case, the capture and detention of senior al Qaeda figures — and left the implementation up to CIA. As a result, key members of Congress (notably, Jane Harman, who was Ranking Member of the House Intelligence Committee for much of the period during which the program operated) apparently had no idea that the Finding they had been briefed on in timely fashion actually served as the Presidential authorization for torture until years later. Also, since that September 17, 2001 Finding authorized both torture and the outsourcing of nasty jobs to foreign intelligence partners, the earliest torture, such as that of Ibn Sheikh al-Libi in Egyptian custody starting in February 2002 and Binyam Mohamed in Pakistani custody starting in April 2002, should be considered part of the same covert op.

April to July 2002: CIA tortures Abu Zubaydah based solely on Presidential authorization

By now there is no dispute: the CIA started torturing Abu Zubaydah well before the August 1, 2002 memo that purportedly prospectively authorized that treatment. CIA even exceeded early verbal guidance on things like sleep deprivation, after which CIA unilaterally authorized what CIA had done retrospectively. The CIA appears to have gotten in real trouble when they moved to conduct mock burial with Abu Zubaydah, to which Ali Soufan objected; his objections appear to be the reason why mock burial (and by extension, mock execution) was the only technique John Yoo ultimately rejected. On July 13, after Michael Chertoff refused to give advance declination of prosecution to CIA for things they were ostensibly talking about prospectively but which had in fact already occurred, Yoo wrote a short memo, almost certainly coached by David Addington but not overseen by Yoo’s boss Jay Bybee, that actually served as the authorization CIA’s CTC would rely on for Abu Zubaydah’s torture, not the August 1 memos everyone talks about. As a result, CIA could point to a document that did not include limits on specific techniques and the precise implementation of those techniques as their authorization to torture.

CIA had, in internal documents, once claimed to have briefed the Gang of Four (then Porter Goss, Nancy Pelosi, Richard Shelby, and Bob Graham) in April 2002. But after being challenged, they agreed they did not conduct those briefings. This, then, created a problem, as CIA had not really briefed Congress — not even the Gang of Four — about this “covert op.”

Septmber 4, 2002: CIA provides initial trial balloon briefing to Pelosi and Goss, then starts destroying evidence

On September 4, 2002, 7 months after Egypt started torturing Ibn Sheikh al-Libi at America’s behest, almost 5 months after CIA started torturing Abu Zubaydah, and over a month after the OLC memo that purportedly started a month of torture for Abu Zubaydah, Jose Rodriguez, a CTC lawyer, and Office of Congressional Affairs head Stan Moskowitz first briefed Congress on torture techniques.

The record supports a claim that CIA provided some kind of description of torture to Nancy Pelosi and Porter Goss. It supports a claim that neither objected to the techniques briefed. Both Pelosi and Goss refer to this briefing, however, as a prospective briefing. Goss referred to the torture techniques as “techniques [that] were to actually be employed,” not that had already been employed, and when asked he did not claim they had been briefed on techniques that had been used. Pelosi claimed,

I was informed then that Department of Justice opinions had concluded that the use of enhanced interrogation techniques was legal. The only mention of waterboarding at that briefing was that it was not being employed.

Those conducting the briefing promised to inform the appropriate Members of Congress if that technique were to be used in the future.

Thus, at least as far as Goss and Pelosi are concerned, over a month after they first waterboarded Abu Zubaydah (and many more after Egypt had waterboarded al-Libi for us), CIA implied they had not yet done so with any detainee.

As striking as the evidence that CIA only briefed prospectively on torture that had been used for as many as 7 months, however, is what happened next. CIA moved to destroy evidence.

The day after that initial briefing in which CIA told Congress it might torture in the future, it “determined that the best alternative to eliminate those security and additional risks is to destroy these tapes.” Then, the following day, CTC altered its own notes on the substance of the briefing, taking out a sentence (it’s not clear what that sentence said). CIA’s Office of Congressional Affairs never finalized a description for this, and at one time even listed Jane Harman as the attendee rather than Pelosi. In fact, in a list of the briefings on torture compiled in July 2004, it did not treat this briefing as one covering torture at all.

In addition, for some reason a briefing for Bob Graham and Richard Shelby  initially scheduled for September 9 got rescheduled for the end of the month, September 27. According to available records, Jose Rodriguez did not attend. According to Bob Graham’s notoriously meticulous notes, the briefing was not conducted in a SCIF, but instead in Hart Office Building, meaning highly classified information could not have been discussed. Graham says it chiefly described the intelligence the CIA claimed to have gotten from their interrogation program. Graham insists waterboarding did not come up, but Shelby, working off memory, disputes that claim.

February 4 and 5, 2002: CIA gets Republican approval to destroy the torture tapes, kills SSCI’s nascent investigation, and refuses to explain torture’s Presidential authorization

By November 2002, Bob Graham had started to hear vague rumors about the torture program. He did not, he says, receive notice that CIA froze Gul Rahman to death after dousing him with water or even hear about it specifically. But because of those rumors, Graham moved to exercise more oversight over the torture program, asking to have another staffer read into the program, and asking that a staffer see a Black Site and observe interrogation. That effort was thwarted in the first full briefing CIA gave Congress on torture on February 4, 2002, when CIA told Pat Roberts (who had assumed Senate Intelligence Chair; newly Ranking Member Jay Rockefeller was not present at this briefing, though a staffer was) they would not meet Graham’s requests. CIA claims — but Roberts disputes — that he said he could think of “ten reasons right off why it is a terrible idea” to exercise such oversight.

In addition to getting Roberts to quash that nascent assessment, CIA gave Roberts the following false information:

  • CIA described Abu Zubaydah and Abd al Rahim al-Nashiri “as founts of useful information” about “on-going terrorist operations, information that might well have saved American lives.” While Abu Zubaydah provided some useful information, the “ongoing operations” were often invented. Moreover, of all the information Abu Zubaydah gave up under torture, just 10 bits of it were deemed important enough to appear in the 9/11 Report.
  • CIA told Roberts about the “difficulty of getting that information from [Nashiri and Zubaydah], and the importance of enhanced techniques in getting that information.” Public records show CIA repeatedly attributed to Abu Zubaydah either things FBI had elicited without torture or things CIA learned via other means.
  • CIA claimed Nashiri and Abu Zubaydah were not yet compliant. “[T]hey have not, even under enhanced techniques, revealed everything they know of importance.” Subsequent reports made clear that in both cases, they were fully compliant but people within CIA demanded more torture believing they were withholding information.
  • To get Roberts to buy off on the destruction of the torture tapes, CIA told Roberts “the match” between what appeared in the torture tapes and what got recorded in CIA logs “was perfect” and that the CIA OGC lawyer who had reviewed the tapes “was satisfied that the interrogations were carried out in full accordance with the guidance.” While it is in fact true that CIA OGC claimed the tapes were an exact match, in fact the tapes had already been significantly altered (and the taping system had been shut down for some torture sessions), and the tapes showed that the torturers had not followed DOJ’s guidelines on torture. CIA also appears to have neglected to tell Roberts that 2 of the tapes showed interrogations involved Nashiri.

The Memorandum of Understanding of this briefing appears to be one of only two that got finalized (it actually included a reference that Goss and Harman had been briefed on the torture tape, but not that Harman warned against destroying it).

The February 5, 2003 briefing involving Porter Goss and Jane Harman is just as interesting, though CIA has refused to release their notes from it.

Five days after the briefing, Harman wrote a letter questioning whether torture had been reviewed from a policy perspective and advising against destroying Abu Zubaydah’s torture tape. In addition, she asked if the President had signed off, revealing that she didn’t know that the Finding she had been briefed on included torture. The CIA and the White House met to decide how to respond. In the end, CIA General Counsel Scott Muller’s response didn’t really answer any of Harman’s questions, nor note her warning against destroying the torture tape.

Also note: in the month before these briefings, the CIA prepared what appears to be a tear-line document on Abu Zubaydah. While it’s not certain the document was prepared to brief the Gang of Four, it matches what we know to have been said to Roberts, especially as regards to the torture tapes. But it also reveals real discrepancies between the tear-line (Secret) claims and the Top Secret claims it was based on, notably inflating the value of Abu Zubaydah’s intelligence below the tear-line.

September 4, 2003: An innocuous briefing left off some of the tracking

We don’t really know what happened in the September 4, 2003 briefings of both Goss and Harman and Roberts and Rockfeller, which is a shame because it would have covered Khalid Sheikh Mohammed’s treatment (and that of Ammar al-Baluchi, whom we now know may have been treated even worse than his uncle). In fact, it was left off lists of “sensitive” briefings at different times.

July 2004: CIA has to tell Congress even CIA(‘s IG) thinks they lied

On May 7, 2004, CIA’s IG John Helgerson completed his report finding that the torture had exceeded guidelines and questioning the value of the intelligence obtained using it. On June 23, the Roberts and Rockefeller got copies (it’s not clear whether Goss and Harman got advance copies). On July 13, 2004, CIA briefed Goss and Harman again.

The briefing did include some details from CIA IG John Helgerson’s report on the program — that it violated the Convention Against Torture and did not comply with the OLC memos. He also explained that both Abu Zubaydah and Khalid Sheikh Mohammed’s waterboarding was problematic, the first in execution and the second in number.

As part of that briefing (or by reading the IG Report), Harman learned that the Finding authorized this torture; in the briefing she pointed out the Finding had only authorized detention and capture, not interrogation.

But CIA persisted in a narrow dodge and two false claims:

  • CIA claimed that none of the at least 3 or 4 detainees who had died in CIA custody by that point were in the interrogation program; by that, it meant only that they weren’t part of the RDI program, but CIA did in fact torture them before they died.
  • CIA claimed we had not used any torture before the OLC memos, which is only true if you ignore that al-Libi and Mohamed’s torture was carried out by proxies.
  • CIA claimed it did not start torturing Abu Zubaydah until August 1; in reality, they had started torturing him earlier.

There are few details on the briefing CIA gave Roberts and Rockefeller on July 15.

These are just the details of the lies CIA itself has documented and released CIA telling Congress. There are other allegations of CIA lies in briefings, though those records were not released under FOIA. And things started getting really funky in 2005, as Dick Cheney started participating in CIA briefings to try to defeat the Detainee Treatment Act. In addition, CIA briefed Pete Hoekstra (who had become the Chair of the House Intelligence Committee) on the morning they destroyed the torture tapes; the content of that briefing has never been revealed.

None of this excuses Congress, of course: the knew enough to know this was problematic.

But it is clear that CIA lied to them both to boost the value of the torture they were doing and to diminish the problems and abuses.

Conspiracy Stories Surrounding Nils Horner Murder Hard to Dismiss Due to US Behavior

Today’s New York Times has a fascinating update on the investigation into the killing of Swedish reporter Nils Horner on March 11. Although there have been systematic attacks on journalists in the region for years, it appears that in the case of Horner, suggestions of the involvement of Western intelligence agencies are getting significant attention:

Now, some are saying Mr. Horner may have been killed as part of some shadowy intelligence war in Afghanistan waged by foreigners.

/snip/

The allegation first surfaced in a widely disputed claim of responsibility issued by a group calling itself Feday-e-Mahaz, and thought to be an offshoot of the Taliban.

/snip/

“This was certainly not the work of the Taliban,” Mr. Faizi said in an interview, adding that he did not believe there were any breakaway factions. “They are fictions.”

/snip/

Afghan officials linked Mr. Horner’s death to the attack on Taverna du Liban, a Lebanese restaurant popular with foreigners that suicide attackers struck in January, killing 21 people, most of them foreigners.

Though the Taliban took credit for that attack, Mr. Karzai has suggested that it may be linked to foreigners and not Afghan insurgents. Mr. Horner was shot as he tried to find and interview a chef who had escaped from that Lebanese restaurant, officials said.

“Perhaps there are some of those with fears about what he would find out,” one Afghan official said, speaking on the condition of anonymity because of the continuing investigation.

The official emphasized that he was speaking of the possibility that Westerners were responsible in both the restaurant attack and Mr. Horner’s shooting, and not Pakistanis, whom Afghan officials often blame after attacks because of what the official called Pakistan’s clandestine support of the Taliban.

But how on earth could such a ludicrous story get started? I mean, it’s not like the US meddles and tries to prevent the outbreak of peace talks or anything like that. Oh, wait.

Okay, but surely this meddling is recent. The history of our motives in the region must be pure. Just ask someone who has observed our actions over the years, like, say,  Khalid Sheikh Mohammed, (pdf):

But it was too late because some of the organizations had become a part of the Afghan
people. As for Afghanistan itself, the West did not support the Afghan organizations in
order to bring about peace, prosperity, and security in Afghanistan. The U.S. proxies in the
lSI under American control foiled every attempt to reconcile or integrate the various
Afghan organizations. Every time they saw a strong leader or an organization, they
supported him in order to split his organization off from the others. They split the group
Hezb Al-Islami Hekmatyar into two parties- one by the same name and one by the name
Hezb Al-Islami Younis Khalis and so on.

Well, yes, as Marcy notes, KSM is trolling, but there are bits that can’t be denied.

Oh, and don’t forget the use of a doctor in a vaccination ruse to obtain intelligence on the compound where Osama bin Laden was living prior to the attack that killed him. So why wouldn’t the West use a journalist? And look at Horner’s history:

Horner, 51, was an experienced Hong Kong-based reporter who had previously been in Afghanistan to witness the fall of the Taliban in 2001 and in Iraq during the war in 2003.

And just to make things juicier, even though Horner worked for Swedish radio, he held British citizenship. The Wall Street Journal article linked here notes that Horner covered Asia generally since 2001 and “had visited Kabul many times in the past”.

I’m not ready to embrace these conspiracies, but it sure is easy to see how the concept can take hold when we consider how the US has behaved in the region for decades.

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