A rare look inside the C.I.A.’s secret interrogation program.
by Jane MayerAUGUST 13, 2007
The inquiry source said that most of the Poland
“Waterboarding works,” the former officer said. “Drowning is a baseline fear. So is falling. People dream about it. It’s human nature. Suffocation is a very scary thing. When you’re waterboarded, you’re inverted, so it exacerbates the fear. It’s not painful, but it scares the shit out of you.” (The former officer was waterboarded himself in a training course.) Mohammed, he claimed, “didn’t resist. He sang right away. He cracked real quick.” He said, “A lot of them want to talk. Their egos are unimaginable. K.S.M. was just a little doughboy. He couldn’t stand toe to toe and fight it out.”
The former officer said that the C.I.A. kept a doctor standing by during interrogations. He insisted that the method was safe and effective, but said that it could cause lasting psychic damage to the interrogators. During interrogations, the former agency official said, officers worked in teams, watching each other behind two-way mirrors. Even with this group support, the friend said, Mohammed’s interrogator “has horrible nightmares.” He went on, “When you cross over that line of darkness, it’s hard to come back. You lose your soul. You can do your best to justify it, but it’s well outside the norm. You can’t go to that dark a place without it changing you.” He said of his friend, “He’s a good guy. It really haunts him. You are inflicting something really evil and horrible on somebody.”
Among the few C.I.A. officials who knew the details of the detention and interrogation program, there was a tense debate about where to draw the line in terms of treatment. John Brennan, Tenet’s former chief of staff, said, “It all comes down to individual moral barometers.” Waterboarding, in particular, troubled many officials, from both a moral and a legal perspective. Until 2002, when Bush Administration lawyers asserted that waterboarding was a permissible interrogation technique for “enemy combatants,” it was classified as a form of torture, and treated as a serious criminal offense. American soldiers were court-martialled for waterboarding captives as recently as the Vietnam War.
A C.I.A. source said that Mohammed was subjected to waterboarding only after interrogators determined that he was hiding information from them. But Mohammed has apparently said that, even after he started coöperating, he was waterboarded. Footnotes to the 9/11 Commission report indicate that by April 17, 2003—a month and a half after he was captured—Mohammed had already started providing substantial information on Al Qaeda. Nonetheless, according to the person involved in the Council of Europe inquiry, he was kept in isolation for years. During this time, Mohammed supplied intelligence on the history of the September 11th plot, and on the structure and operations of Al Qaeda. He also described plots still in a preliminary phase of development, such as a plan to bomb targets on America
Ultimately, however, Mohammed claimed responsibility for so many crimes that his testimony became to seem inherently dubious. In addition to confessing to the Pearl murder, he said that he had hatched plans to assassinate President Clinton, President Carter, and Pope John Paul II. Bruce Riedel, who was a C.I.A. analyst for twenty-nine years, and who now works at the Brookings Institution, said, “It’s difficult to give credence to any particular area of this large a charge sheet that he confessed to, considering the situation he found himself in. K.S.M. has no prospect of ever seeing freedom again, so his only gratification in life is to portray himself as the James Bond of jihadism.”
By 2004, there were growing calls within the C.I.A. to transfer to military custody the high-value detainees who had told interrogators what they knew, and to afford them some kind of due process. But Donald Rumsfeld, then the Defense Secretary, who had been heavily criticized for the abusive conditions at military prisons such as Abu Ghraib and Guantánamo, refused to take on the agency’s detainees, a former top C.I.A. official said. “Rumsfeld’s attitude was, You’ve got a real problem.” Rumsfeld, the official said, “was the third most powerful person in the U.S.
C.I.A. officials were stymied until the Supreme Court’s Hamdan ruling, which prompted the Administration to send what it said were its last high-value detainees to Cuba. Robert Grenier, like many people in the C.I.A., was relieved. “There has to be some sense of due process,” he said. “We can’t just make people disappear.” Still, he added, “The most important source of intelligence we had after 9/11 came from the interrogations of high-value detainees.” And he said that Mohammed was “the most valuable of the high-value detainees, because he had operational knowledge.” He went on, “I can respect people who oppose aggressive interrogations, but they should admit that their principles may be putting American lives at risk.”
Yet Philip Zelikow, the executive director of the 9/11 Commission and later the State Department’s top counsellor, under Rice, is not convinced that eliciting information from detainees justifies “physical torment.” After leaving the government last year, he gave a speech in Houston
Without more transparency, the value of the C.I.A.’s interrogation and detention program is impossible to evaluate. Setting aside the moral, ethical, and legal issues, even supporters, such as John Brennan, acknowledge that much of the information that coercion produces is unreliable. As he put it, “All these methods produced useful information, but there was also a lot that was bogus.” When pressed, one former top agency official estimated that “ninety per cent of the information was unreliable.” Cables carrying Mohammed’s interrogation transcripts back to Washington
In theory, a military commission could sort out which parts of Mohammed’s confession are true and which are lies, and obtain a conviction. Colonel Morris D. Davis, the chief prosecutor at the Office of Military Commissions, said that he expects to bring charges against Mohammed “in a number of months.” He added, “I’d be shocked if the defense didn’t try to make K.S.M.’s treatment a problem for me, but I don’t think it will be insurmountable.”
Critics of the Administration fear that the unorthodox nature of the C.I.A.’s interrogation and detention program will make it impossible to prosecute the entire top echelon of Al Qaeda leaders in captivity. Already, according to the Wall Street Journal, credible allegations of torture have caused a Marine Corps prosecutor reluctantly to decline to bring charges against Mohamedou Ould Slahi, an alleged Al Qaeda leader held in Guantánamo. Bruce Riedel, the former C.I.A. analyst, asked, “What are you going to do with K.S.M. in the long run? It’s a very good question. I don’t think anyone has an answer. If you took him to any real American court, I think any judge would say there is no admissible evidence. It would be thrown out.”
The problems with Mohammed’s coerced confessions are especially glaring in the Daniel Pearl case. It may be that Mohammed killed Pearl Karachi , said that although Mohammed handed him a package of propaganda items, including an unedited video of the Pearl murder, he never identified himself as playing a role in the killing, which occurred in the same city just two months earlier. And a federal official involved in Mohammed’s case said, “He has no history of killing with his own hands, although he’s proved happy to commit mass murder from afar.” Al Qaeda’s leadership had increasingly focussed on symbolic political targets. “For him, it’s not personal,” the official said. “It’s business.”
Ordinarily, the U.S.
Asra Nomani, the Pearls’ friend, said of the Mohammed confession, “I’m not interested in unfair justice, even for bad people.” She went on, “Danny was such a person of conscience. I don’t think he would have wanted all of this dirty business. I don’t think he would have wanted someone being tortured. He would have been repulsed. This is the kind of story that Danny would have investigated. He really believed in American principles.”
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