The Longest War (69 page)

95
“All you need to know”
: Cofer Black, Joint hearing of the United States House of Representatives Select Intelligence Committee and the United States Senate Select Intelligence Committee, Washington, D.C., September 26, 2002.

95
“A state of war”
: United States Supreme Court, HAMDI V. RUMSFELD (03-6696) 542 U.S. 507 (2004), Opinion (O’Connor), June 28, 2004.
http://www.law.cornell.edu/supct/html/03-6696.ZO.html
.

95
“no information to floods”
: Bumiller op. cit., p. 168.

95
“inaccurate threat reporting possible”
: Roger Cressey interview by author, Washington, D.C., November 24, 2009.

96
anthrax letters
: “U.S. officials declare researcher is anthrax killer,” CNN.com, August 6, 2008.
http://www.cnn.com/2008/CRIME/08/06/
anthrax.case/index.html
.

96
“an enormous impact”
: Scott McClellan,
What Happened: Inside the Bush White House and Washington’s Culture of Deception
(New York: Perseus Books, 2008), p. 108.

96
“Dark Winter”
: Dark Winter Exercise, Center for Strategic and International Studies and University of Pittsburgh Medical Center, June 2001.
http://www.upmc-biosecurity.org/
website/events/2001_darkwinter/
.

96
believed by the participants
: Feith op. cit., p. 216.

97
Bush nixed the idea
: David E Sanger,
The Inheritance: The World Obama Confronts and the Challenges to American Power
(New York: Harmony, 2009), p. 423.

97
“undisclosed location”
: Bumiller op. cit., p. xx.

97
consistently believed that a 9/11
: Foreign Policy and the Center for American Progress, “Terrorism Index,” May 22, 2008.
http://www.americanprogress.org/
issues/2008/08/pdf/time_series.pdf
, p. 9.

97
And none of the senior
: Donald Rumsfeld had served as a Navy aviator in peacetime between 1954 and 1957. Department of Defense, “SecDef Histories,”
http://www.defense.gov/specials/secdef_
histories/bios/rumsfeld.htm
.

97
vigorously objected
: Colin Powell, Memorandum to Counsel to the President, Assistant to the President for National Security Affairs, subject: Draft Decision Memorandum for the President on the Applicability of the Geneva Convention to the Conflict in Afghanistan, January 26, 2002.
http://www.gwu.edu/~nsarchiv/NSAEBB/
NSAEBB127/02.01.26.pdf
.

98
Abu Omar
: Author interview with Abu Omar, Alexandria, Egypt, November 24, 2007.

98
“extraordinary rendition”
: Jane Mayer, “Outsourcing Torture,”
The New Yorker
, February 14, 2005.
http://www.newyorker.com/archive/
2005/02/14/050214fa_fact6
.

98
thousands of documents
: Tribunale di Milano, Sezione Giudice per le indagini preliminari, “The judge presiding over preliminary investigations,” n. 10838/05, n. 1966/05. Author collection; statements by Abu Omar’s wife, “Decree for the application of coercive measures,” art. 292 c.p.p., n. n. 10838/05, n. 1966/05.

99
“the Americans imposed you on us”
: Abu Omar interview.

100
“substantial grounds”
: United Nations Convention Against Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment, February 4, 1985,
http://www.hrweb.org/legal/cat.html
.

100
detailed the methods used
: United States Department of State, Bureau of Democracy, Human Rights, and Labor. 2003 Country Reports on Human Rights Practices, February 25, 2004.
http://www.state.gov/g/drl/rls/
hrrpt/2003/27926.htm
.

100
“This country does not believe in torture”
: George W. Bush, Washington, D.C., March 16, 2005.

100
“has not transported anyone”
: Condoleezza Rice, Andrews Air Force Base, Maryland, December 5, 2005.

100
sped up dramatically
: Peter Bergen and Katherine Tiedemann, “Disappearing Act: Rendition by the Numbers,”
Mother Jones
, March 3, 2008.
http://www.motherjones.com/politics/2008/03/
disappearing-act-rendition-numbers
.

100
“outsources our crimes”
: Philip Bobbitt,
Terror and Consent: The Wars for the 21st Century
(New York: Knopf, 2008), p. 368.

101
“there are approaches”
: Author interview with Brad Garrett, Washington, D.C., 2007.

101
“a real chilling effect”
: Author interview, Robert Dannenberg, New York, December 17, 2009.

101
professional liability insurance
: Michael Scheuer, interview by author, Washington, D.C., December 23, 2009.

102
set back Spataro’s probe dramatically
: Author interview, Armando Spataro, Milan, Italy, December 3, 2007.

102
more than ten thousand
: Armando Spataro, “The kidnapping of Nasr Osama Mustafa Hassan alias Abu Omar,” Milan, February 17, 2007.

103
owned by Phillip Morse
: John Crewdson and Tom Hundley, “Jet’s travels cloaked in mystery,”
Chicago Tribune
, March 20, 2005.

103
went to trial in Milan
: Italy convicts U.S. agents in CIA kidnap trial,” CNN.com, November 4, 2009.
http://edition.cnn.com/2009/WORLD/
europe/11/04/italy. rendition.verdict/index.html
.

104
“engaged in”
: DeYoung op cit, pp. 365–366.

104
four dozen nations
: New York Times, Guantánamo Docket. Citizens of 48 countries have been held at Guantánamo.

104
“What the hell”
: Mayer op. cit., p. 82.

104
news even
: Karen Greenberg,
The Least Worst Place: Guantánamo’s First 100 Days
(New York: Oxford University Press, 2009). pp. 16–17.

104
attractive to administration officials
: Donald Rumsfeld, Defense Department Briefing, Arlington, VA, December 27, 2001.

104
“The whole theory”
: Bobbitt op. cit., p. 265.

105
“failed state”
: Memorandum for the Joint Chiefs of Staff, Subject: status of Taliban and Al-Qaida, January 19, 2002.
http://www.gwu.edu/~nsarchiv/NSAEBB
/NSAEBB127/02.01.19.pdf
. This memo draws on the January 9, 2002 memo from John Yoo.

105
the State Department’s response
: William Taft IV, United States Department of State Unclassified Memorandum to John C. Yoo, Subject: Your draft memorandum of January 9. January 11, 2002.
http://www.cartoonbank.com/newyorker/
slideshows/01TaftMemo.pdf
.

105
“Like criminals”
: Bobbitt op. cit., p. 264.

106
“vicious killers”
: Donald Rumsfeld, Defense Department Briefing, Camp X-Ray, Cuba, January 27, 2002,
http://www.defense.gov/news/newsarticle.
aspx?id=43817
.

106
only some 5 percent
: Mark Denbeaux and Joshua Denbeaux, “Report on Guantánamo detainees: A profile of 517 detainees through analysis of Department of Defense data,” Seton University School of Law,
http://law.shu.edu/aaafinal.pdf
, p. 2.

106
they have never in the past
: Ken Ballen and Peter Bergen, “The worst of the worst?”,
Foreign Policy
, October 2008.
http://www.foreignpolicy.com/story/
cms.php?story_id=4535
.

106
“I never saw anything useful”
: Author interview with Daniel Coleman, Princeton, New Jersey, December 19, 2009.

106
“don’t recall any information”
: Author interview with Michael Rolince, Washington, D.C., 2007.

106
David Hicks
: Raymond Bonner, “Australian detainee’s life of wandering ends with plea bargain,”
New York Times
, March 28, 2007.

106
Salim Hamdan
: Robert Worth, “Bin Laden driver to be sent to Yemen,”
New York Times
, November 25, 2008.
http://www.nytimes.com/2008/11/26/
washington/26gitmo.html
.

106
Ali Hamza al-Bahlul
: William Glaberson, “Detainee convicted on terrorism charges,”
New York Times
, November 3, 2008.
http://www.nytimes.com/2008/11/04/
washington/04gitmo.html
.

107
legal definition of torture
: Bob Woodward, “Detainee tortured, says U.S. official,”
Washington Post
, January 14, 2009.

107
But he was turned back
: Michael Isikoff and Daniel Klaidman, “How the 20th hijacker got turned away,”
Newsweek
, January 26, 2004.
http://www.newsweek.com/id/52857
.

107
“extreme psychological trauma”
: “Inside the interrogation of Detainee 063,”
TIME
, June 12, 2005.
http://www.time.com/time/magazine/article/
0.9171.1071284-1.00.html
.

108
compared it to a gulag
: Amnesty International released a report in 2005 calling Guantánamo “the gulag of our time.” Richard Norton-Taylor, “Guantánamo is gulag of our time, says Amnesty,”
The Guardian
, May 26, 2005.

108
until April 2006
: Ben Fox, “Pentagon releases first list of names of Guantánamo detainees,”
Associated Press
, April 20, 2006.

108
accused was not able to see all
: Department of Defense, “Military Commission Rules of Evidence, Section I,”
www.defense.gov/pubs/pdfs/
Part%20III%20-%20MCREs%20(FINAL).pdf
.

108
covered by the Article 3
: Hamdan v. Rumsfeld, Secretary of Defense, et al, Supreme Court of the United States, October 2005. Argued March 28, 2006, decided June 29, 2006.
http://www.supremecourtus.gov/
opinions/05pdf/05-184.pdf
.

108
“accompanying serious physical injury”
: John C. Yoo, Memorandum to Alberto Gonzales, United States Department of Justice, Office of Legal Counsel, August 1, 2002.
http://media.mcclatchydc.com/smedia/2008/06/04/14/
Tab-L.source.prod_affiliate.91.pdf
; Dana Priest and R. Jeffrey Smith, “Memo offered justification for the use of torture,”
Washington Post
, June 8, 2004.

109
hit all of them
: Tenet op. cit., p. 241. Scott Shane, “Inside the interrogation of a 9/11 mastermind,”
New York Times
, June 22, 2008.

109
Abu Zubaydah was captured
: John F. Burns, “In Pakistan’s Interior, A Troubling Victory In Hunt for Al-Qaeda,”
New York Times
, April 9, 2002; “losing a testicle”: Author interview with Ali Soufan, New York, December 17, 2009.

109
CIA arranged for a leading surgeon
: Tenet op. cit., p. 241.

110
located in Thailand
: Scott Shane and Mark Mazzetti, “In Adopting Harsh Tactics, No Look at Past Use,”
New York Times
, April 22, 2009.

110
calling him “Hani”
: Soufan interview.

110
some sort of a plan
: Osama bin Laden, December 13, 2001. Transcript available from CNN, translated by Department of Defense.
http://archives.cnn.com/2001/
U.S./12/13/tape.transcript/
.

110
“Who is Mukhtar?”
: Soufan interview.

110
his central role
: A longtime CIA al-Qaeda expert said that in early March 2002 the Agency had first learned that ‘KSM’ was behind 9/11 following the arrest of a group of militants in Oman who, when they were interrogated, said that someone who went by the alias of ‘Mukhtar’ was the brains behind the attacks. When they were shown a bunch of photos of al-Qaeda members the arrested militants pointed out KSM to be ‘Mukhtar.’ The CIA official said this took place some weeks before Abu Zubayadah was ever in American custody. (Author interview with CIA official, Washington, D.C., 2006).

110
“highest ranking members”
: U.S. Department of Justice, Office of Legal Counsel, Memorandum for John A. Rizzo, “Interrogation of al-Qaida operative,” August 1, 2002.
http://www.fas.org/irp/agency/
doj/olc/zubaydah.pdf
.

110
“al-Qaeda’s chief of operations”
: George W. Bush, Washington, D.C., June 6, 2002.
http://georgewbush-whitehouse.archives.gov/
news/releases/2002/06/20020606-8.html
; “travel agent”: Daniel Coleman, interview by author, Princeton, New Jersey, December 19, 2009.

111
White House lawyers authorized
: U.S. Department of Justice, Office of Legal Counsel, Memorandum for John A. Rizzo, May 10, 2005.

111
James E. Mitchell
: Senate Armed Services Committee op. cit., p. xiv.

111
had never conducted a real interrogation
: Scott Shane and Mark Mazzetti, “In Adopting Harsh Tactics, No Look at Past Use,”
New York Times
, April 22, 2009.

111
“Enhanced Interrogation Techniques”
: Central Intelligence Agency, Inspector General, Counterterrorism Detention and Interrogation Activities, May 7, 2004, pp. 13–15.

111
a total of twenty-eight detainees in American custody
: Stephen G. Bradbury, “Memorandum Re: Application of United States Obligations Under Article 16 of the Convention Against Torture to Certain techniques that May Be used in the Interrogation of High Value al-Qaeda Detainees”, 30 May 2005 (footnote, p. 5),
http://luxmedia.vo.llnwd.net/o10/
clients/aclu/olc_05302005_bradbury.pdf
.

111
“Only one person and one person only”
: Author interview with Ali Soufan.

112
allowed to resume their questioning
: Ali Soufan, testimony before Senate Judiciary Committee, Washington, D.C., May 13, 2009,
http://judiciary.senate.gov/hearings/
testimony.cfm?id=3842&wit_id=7906
; and Michael Isikoff and Mark Hosenball, “Fresh questions about the CIA’s interrogation tapes,”
Newsweek
, May 2, 2009.