The Senate Intelligence Committee Report on Torture: Committee Study of the Central Intelligence Agency's Detention and Interrogation Program (121 page)

2266.
Sametime communication, between John P. Mudd and ██████████, April 13, 2005, from 19:23:50 to 19:56:05.

2267.
Sametime communication, between John P. Mudd and ██████████, April 13, 2005, from 19:23:50 to 19:56:05.

2268.
Email from: █████████, Chief of Operations, ALEC Station; to ██████████, ███████, [REDACTED], [REDACTED], [REDACTED], ███████, ████████, [REDACTED], [REDACTED], ███████, ███████, ███████; [REDACTED], [REDACTED], ███████, ███████, ███████; cc: ███████, ███████; subject: Brokaw interview: Take one; date: April 13, 2005, at 6:46:59 PM; email from: ████████; to: ███████; cc: ███████, [REDACTED], [REDACTED], ████████, [REDACTED], ███████, ███████, [REDACTED], ███████, [REDACTED], [REDACTED], ███████, ███████, ███████, ███████, ███████, [REDACTED], ██████; subject: Re: Brokaw interview: Take one; date: April 13, 2005; at 6:50:28 PM; email from: ██████; to: ███████, [REDACTED], ██████████; cc: John A. Rizzo, ███████, ███████, ███████, [REDACTED]; subject: Re: Brokaw interview: Take one; date: April 13, 2005, 7:24:50 PM.

2269.
Email from: ███████; to: ███████; cc: [REDACTED], ███████, [REDACTED], John A. Rizzo, █████████, ███████, ███████; subject: Re: Brokaw interview: Take one; date: April 14, 2005, at 9:22:32 AM.

2270.
Email from: ███████; to: ███████, ██████; cc: [REDACTED], ███████, [REDACTED], ███████, ███████; subject: Re: Brokaw interview: Take one; date: April 14, 2005, at 8:08:00 AM.

2271.
Email from: █████; to: ██████; subject: Brokaw interview: Take one; date: April 15, 2005, at 1:00:59 PM. The CIA’s June 2013 Response states that “[w]ith regard to information related to covert action, authorization [to disclose information to the media] rests with the White House.” CIA records made available to the Committee, however, do not indicate White House approval for the subsequent media disclosures. In the summer of 2013, the Committee requested the CIA provide any such records should they exist. No records were identified by the CIA.

2272.
See
“The Long War; World View of War on Terror,”
Dateline NBC
, June 24, 2005. In April 2005, Mudd stated that the program would likely be aired in June.
See
email from: John P. Mudd; to: ██████; subject: Re: Brokaw interview: Take one; date: April 18, 2005, at 08:31 AM.

2273.
“The frightening evolution of al-Qaida; Decentralization has led to deadly staying power,”
Dateline NBC
, June 24, 2005.

2274.
“The frightening evolution of al-Qaida; Decentralization has led to deadly staying power,”
Dateline NBC
, June 24, 2005; “Al-Qaida finds safe haven in Iran,”
Dateline NBC
, June 24, 2005. Notwithstanding this content, the CIA’s June 2013 Response states that “[a] review of the NBC broadcast, cited by the
Study
, shows that it contained no public disclosures of classified CIA information; indeed,
the RDI program was not discussed
”(emphasis in the original). In addition to the information described above included in the online articles associated with the broadcast, the broadcast itself described the role of a CIA asset in the capture of KSM and the capture of Abu Faraj al-Libi in “joint US/Pakistani actions” (“The Long War; World View of War on Terror,”
Dateline NBC
, June 24, 2005).

2275.
As described elsewhere in this summary and in more detail in the full Committee Study, the captures of KSM and Khallad bin Attash were unrelated to the capture and interrogation of Ramzi bin al-Shibh.

2276.
Email from: ███████; to: ████████; cc: [REDACTED], ███████, █████, ████████, █████; bcc: ██████; subject: Re: Interrogation Program--Going Public Draft Talking Points--Comments Due to ███me by COB TODAY. Thanks.; date: April 20, 2005, at 5:58:47 PM.

2277.
See
email from: ████████; to: ██████; cc: [REDACTED], ███████, [REDACTED]; subject: Re: Interrogation Program--Going Public Draft Talking Points--Comments Due to ███me by COB TODAY. Thanks.; date: April 21, 2005, at 07:24 AM. █████ was referring to the assault case against David Passaro. The Committee Study does not include an analysis of the accuracy of declarations to U.S. courts by senior CIA officials.

2278.
Email from: ██████; to: ██████; cc: █████, █████████, █████, [REDACTED], ████████, [REDACTED]; subject: Re: Interrogation Program--Going Public Draft Talking Points—Comments Due to ████me by COB TODAY. Thanks.; date: April 25, 2005, at 11:41:07 AM.

2279.
Email from: ██████; to: █████, John A. Rizzo, ███████, ███████, [REDACTED], Robert L. Grenier; subject: Doug Jehl - Comprehensive Story on the Capture of Abu Zubaydah and Conception of EITs; date: December 15, 2005, at 02:04 PM.

2280.
Email from: ██████; to: █████, John A. Rizzo, ███████, ███████, [REDACTED], Robert L. Grenier; subject: Doug Jehl - Comprehensive Story on the Capture of Abu Zubaydah and Conception of EITs; date: December 15, 2005, at 02:04 PM.

2281.
Email from: █████; to: [REDACTED], [REDACTED], ███████, ██████, [REDACTED], █████; cc: [REDACTED], [REDACTED], █████; subject: Doug Jehl - Comprehensive Story on the Capture of Abu Zubaydah and Conception of EITs; date: December 15, 2005, at 02:10 PM. Another CIA officer added “I don’t like so much talk about EIT’s, but that particular horse has long left the barn . . . .”
See
email from: ██████; to: ████; cc: [REDACTED], [REDACTED], [REDACTED], [REDACTED], █████, [REDACTED], ██████, ██████; subject: Re: Doug Jehl - Comprehensive Story on the Capture of Abu Zubaydah and Conception of EITs; date: December 15, 2005, at 03:03 PM.

2282.
Email from: ████████; to: [REDACTED1; cc: ███████, █████, ██████, ██████, ███████, ██████; subject: Re: Doug Jehl - Comprehensive Story on the Capture of Abu Zubaydah and Conception of EITs; date: December 15, 2005, at 8:50:36 PM.

2283.
Email from: Mark Mansfield; to: ███████, ██████; cc: ███████, Paul Gimigliano, █████████; subject: We Can’t Let This Go Unanswered; date: September 7, 2006, at 01:12 PM.

2284.
Email from: Mark Mansfield; to: ██████; cc: ████████, [REDACTED], ████████, ████████, ███████, ██████; subject: Re: Immediate re Abu Zubaydah – Re: Fw: We Can’t Let This Go Unanswered; date: September 7, 2006, at 3:14:53 PM.

2285.
“At a Secret Interrogation, Dispute Flared Over Tactics,”
New York Times
, David Johnston, September 10, 2006.

2286.
See
Abu Zubaydah detainee review in Volume III and sections on CIA claims related to the “Capture of Ramzi bin al-Shibh” in this summary and Volume II.

2287.
CY 2005 & CY 2006 CTC Media Leaks; September 21, 2006. The document described “the more serious CTC media leaks that occurred in CY 2005 and 2006.”

2288.
Senior Deputy General Counsel John Rizzo urged that his colleagues determine whether OPA cooperated with the article “[b]efore we get DOJ or FBI too cranked up on this.”
See
email from: John A. Rizzo; to: ██████; cc: [REDACTED], ███████, [REDACTED], [REDACTED], ██████ [REDACTED], █████, █████; subject: Re: Fw: Request for Crimes Reports on NYT and Time Magazine Leaks on Interrogation Activities [REDACTED]; date September 12, 2006, at 5:52:10 PM.

2289.
Sametime communication between ██████ and ███████, 28/Feb/07 09:51:10 to 19:00:42.

2290.
Email from: █████; to: █████; cc: ████████, █████; subject: Fact Check on Ron Kessler draft; date: March 13, 2007, at 05:59 PM.

2291.
Email from: █████; to: █████; cc: ████████, █████, ████████, █████, ██████, ██████; subject: Re: Fact Check on Ron Kessler draft; date: March 14, 2007, at 6:03:45 PM.

2292.
Email from: █████; to: █████; cc: ████████, █████, ████████, █████, ██████, ██████; subject: Re: Fact Check on Ron Kessler draft; date: March 15, 2007, at 7:07:52 AM.

2293.
Email from: Mark Mansfield; to: Michael V. Hayden, ███████, Stephen R. Kappes, Michael J. Morell, ██████, Jose Rodriguez, ███████, ███████; bcc: ██████; subject: Session with Author Ron Kessler; date: March 15, 2007, at 6:54:33 PM.

2294.
Kessler’s changes repeated the representation made in the president’s September 6, 2006, speech, which was based on CIA information and vetted by the CIA, that Abu Zubaydah and Ramzi bin al-Shibh “provided information that would help in the planning and execution of the operation that captured Khalid Sheikh Mohammed.” With regard to the Second Wave plotting, Kessler stated that “’[i]f it had not been for coercive interrogation techniques used on Abu Zubaydah, CIA officials suggest, the second wave of attacks might have occurred and KSM could be free and planning more attacks.” As detailed in this summary, and in greater detail in Volumes II and III, the thwarting of the Second Wave plotting and the capture of KSM were unrelated to reporting from Abu Zubaydah. Kessler’s changes also included statements about the training and expertise of CIA interrogators, the Department of Justice review of the CIA’s interrogation techniques, and congressional oversight of the CIA’s Detention and Interrogation Program. For example, Kessler wrote, “[b]efore confronting a terrorist, each interrogator was given 250 hours of specialized training.” This statement is incongruent with the history of the CIA program. Email from: Ronald Kessler; to: Mark Mansfield; subject: follow-up; date: March 16, 2007, at 10:52:05.

2295.
Email from: Ronald Kessler; to: Mark Mansfield; subject: follow-up; date: March 16, 2007, at 10:52:05.

2296.
Memorandum for John Rizzo, Acting General Counsel, Central Intelligence Agency, from Jay Bybee, Assistant Attorney General, Office of Legal Counsel, August 1, 2002, Interrogation of al Qaeda Operative (DTS #2009-1810, Tab 1). Also on August 1, 2002, OLC issued an unclassified, but non-public, opinion, from Deputy Assistant Attorney General John Yoo to White House Counsel Alberto Gonzales analyzing whether certain interrogation methods violate 18 U.S.C. §§ 2340-2340A.

2297.
Memorandum for John Rizzo, Acting General Counsel, Central Intelligence Agency, from Jay Bybee, Assistant Attorney General, Office of Legal Counsel, August 1, 2002, Interrogation of al Qaeda Operative (DTS #2009-1810. Tab 1).

2298.
Memorandum for John Rizzo, Acting General Counsel, Central Intelligence Agency, from Jay Bybee, Assistant Attorney General, Office of Legal Counsel, August 1, 2002, Interrogation of al Qaeda Operative (DTS #2009-1810, Tab 1). During a 2008 hearing of the Senate Select Committee on Intelligence, then-Acting Assistant Attorney General Steven Bradbury stressed that the OLC’s opinions relied on factual representations made by the CIA. As Bradbury testified, “all of our advice addressing the CIA’s specific interrogation methods has made clear that OLC’s legal conclusions were contingent on a number of express conditions, limitations and safeguards adopted by the CIA and designed to ensure that the program would be administered by trained professionals with strict oversight and controls, and that none of the interrogation practices would go beyond the bounds of the law.” When asked whether information could be elicited from detainees using techniques authorized by the Army Field Manual, Bradbury responded, “I will have to defer, because on those kinds of questions in terms of the effectiveness and the information obtained I have to rely on the professional judgment of the folks involved at the agency, and General [Michael] Hayden I think has spoken to this issue before this Committee.” (
See
transcript of hearing of the Senate Select Committee on Intelligence, June 10, 2008 (DTS #2008-2698).) General Hayden’s representations to the Committee are described elsewhere in this summary and in greater detail in Volume II.

2299.
Memorandum for John Rizzo, Acting General Counsel, Central Intelligence Agency, from Jay Bybee, Assistant Attorney General, Office of Legal Counsel, August 1, 2002, Interrogation of al Qaeda Operative (DTS #2009-1810, Tab 1).

2300.
Email from: ████████; to: ████████ with multiple cc’s; subject: AZ information; date: July 10, 2002, at 1:18:52 PM. This claim was included in subsequent OLC memoranda.
See
Memorandum for John A. Rizzo, Senior Deputy General Counsel, Central Intelligence Agency, from Steven G. Bradbury, Principal Deputy Assistant Attorney General, Office of Legal Counsel, May 30, 2005, 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 (DTS #2009-1810, Tab 11).

2301.
CIA Intelligence Assessment, August 16, 2006, “Countering Misconceptions About Training Camps in Afghanistan, 1990-2001.”

2302.
Memorandum for John Rizzo, Acting General Counsel, Central Intelligence Agency, from Jay Bybee, Assistant Attorney General, Office of Legal Counsel, August 1, 2002, Interrogation of al Qaeda Operative (DTS #2009-1810, Tab 1). This claim was included in subsequent OLC memoranda.
See
Memorandum for John A. Rizzo, Senior Deputy General Counsel, Central Intelligence Agency, from Steven G. Bradbury, Principal Deputy Assistant Attorney General, Office of Legal Counsel, May 30, 2005, 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 (DTS #2009-1810, Tab 11).

2303.
Memorandum for John Rizzo, Acting General Counsel, Central Intelligence Agency, from Jay Bybee, Assistant Attorney General, Office of Legal Counsel, August 1, 2002, Interrogation of al Qaeda Operative (DTS #2009-1810, Tab 1).

2304.
Memorandum for John Rizzo, Acting General Counsel, Central Intelligence Agency, from Jay Bybee, Assistant Attorney General, Office of Legal Counsel, August 1, 2002, Interrogation of al Qaeda Operative (DTS #2009-1810, Tab 1).