Enemies: A History of the FBI (70 page)

But the frictions at the FBI grew with the fear of a new al-Qaeda attack. Mueller tried to smooth over the tension among the counterterrorism commanders in Washington. He maintained that he worked in harmony with the CIA and Tenet. “
The thought of regularly sharing Bureau information is something that J. Edgar Hoover would likely have resisted,” Mueller said, “and he may well be turning around in his grave to understand the extent to which, since September 11th, there has been the interchange of information between ourselves and the CIA.”

The Bureau’s working relationships with the rest of the government remained a constant struggle. The attorney general was appalled when the FBI failed to find a mad scientist sending letters filled with anthrax spores to television newsrooms, newspapers, and United States senators. The FBI focused for four years on the wrong man. The Bureau was drowning in false leads; its networks were crashing; its desktop computers still required twelve clicks to save a document.

The FBI had no connectivity with the rest of American intelligence. Headquarters could not receive reports from the NSA or the CIA classified at the top secret level—and almost everything was classified top secret. Fresh intelligence could not be integrated into the FBI’s databases.

The pressures on the Bureau’s top people were inhuman. Counterterrorism directors held on for a year at best before burning out. Mueller’s chiefs
of staff lasted a little longer; his information technology executives even less.

As the war on terror went worldwide, the most dangerous personnel crisis Mueller faced was in the field. The fight between the FBI and their counterterrorism counterparts burned through America’s chain of command, a slow fuse that ran from the CIA’s secret prisons all the way to the White House.

Mueller began to assign the first of more than one thousand FBI agents to the theaters of war in November and December 2001. Their assignments were to collect intelligence and interrogate prisoners. The FBI’s interrogation policies were set in stone: no brutality, no violence, and no intimidation.

Some FBI agents went to military posts in Afghanistan, some to the United States Navy base at Guantánamo Bay. A handful of FBI agents joined secret capture-or-kill missions with the CIA against al-Qaeda suspects. On March 28, 2002, they took their first prize captive: a Palestinian working for al-Qaeda in Faisalabad, Pakistan. He was gravely wounded in a firefight; the raid had struck a safe house where a group of militants had gathered. Strapped to a gurney, he was flown to the CIA’s newly created secret prison—a “black site” in a warehouse at the Udon Thani air force base in the far northeast of Thailand, near the border of Laos.

“
The other day we hauled in a guy named Abu Zubaydah,” President Bush said at a Republican fund-raiser in Greenwich, Connecticut, on April 9. “He’s one of the top operatives plotting and planning death and destruction on the United States. He’s not plotting and planning anymore. He’s where he belongs.” Relying on the CIA’s subsequent reports, the president later called the prisoner al-Qaeda’s number-three man and bin Laden’s chief of operations.

“A
NATIONAL TREASURE
”

The first Americans to question Abu Zubaydah were two of the FBI’s eight Arabic-speaking agents: Steve Gaudin, a veteran of the Nairobi bombing, and Ali Soufan, who had led the
Cole
investigation in Yemen. Soufan was thirty years old, a native of Lebanon with a master’s degree in international relations from Villanova University, and he had joined the FBI on something
of a whim in 1997. He had won fame within the closed world of American counterterrorism for his knowledge as an investigator and his finesse as an interrogator. Major General Michael Dunleavy, the military commander at Guantánamo, where Soufan conducted interrogations and won confessions, called him “
a national treasure.”

Soufan approached the wounded prisoner at the black site with a soft voice and a storehouse of foreknowledge. “
I asked him his name,” Soufan later testified. “He replied with his alias. I then asked him: ‘How about if I call you Hani?’ That was the name his mother nicknamed him as a child. He looked at me in shock, said okay, and we started talking.”

Within the course of two days, the prisoner identified a photograph of Khalid Sheikh Mohammed, the planner of the al-Qaeda attacks. It was the FBI’s biggest breakthrough to date. “Before this,” Soufan testified, “we had no idea of KSM’s role in 9/11 or his importance in the al Qaeda leadership structure.”

The CIA officer at the black site relayed the report to his headquarters. The CIA’s director, George Tenet, was unhappy to learn that the FBI was leading the questioning. He ordered a CIA counterterrorism team to take over in Thailand. “We were removed,” Soufan said. “Harsh techniques were introduced”—at first, stripping the prisoner of his clothes and depriving him of sleep for forty-eight hours at a time—and “Abu Zubaydah shut down and stopped talking.” Then the FBI took over again. The prisoner revealed that he had run logistics and travel for al-Qaeda and gave up information that led to the May 8 arrest of Jose Padilla, a Chicago street-gang hoodlum who had converted to Islam in prison, consorted with al-Qaeda in Pakistan and Afghanistan, and had dreams of setting off a radioactive dirty bomb in Washington.

The CIA falsely claimed credit for the arrest and wrested back control of the interrogation. Its officers blasted the prisoner with noise, froze him with cold, and buried him in a mock coffin. Soufan and Gaudin protested. The CIA officers told them the techniques had been approved at the highest levels of the American government.

Soufan said he contacted FBI headquarters to report that he was witnessing “borderline torture.” He refused to take part. The Bureau’s counterterrorism chief, Pasquale D’Amuro, pulled both agents from Thailand around the end of May. But he did not raise the issue with Mueller for at least two months. The director learned about it after the line had been crossed.

On August 1, the Justice Department’s Office of Legal Counsel granted the CIA’s request to begin water-boarding Abu Zubaydah. The technique, tantamount to torture, was designed to elicit confessions through the threat of imminent death by drowning. That same day John Yoo, now a deputy to Attorney General Ashcroft, advised the White House that the laws against torture did not apply to American interrogators. The president, the vice president, the secretary of defense, and the director of Central Intelligence approved.

The FBI did not. “
We don’t do that,” D’Amuro said to Mueller some weeks later. D’Amuro had overseen the investigation and prosecution of the East Africa embassy bombings. He knew that terrorists would talk to the FBI. He also believed that prisoners would say anything to stop the torture, and that their inventions would send the FBI chasing phantoms. And he was convinced that the secret torture would come out one way or another: FBI agents would have to testify about it in court. Their credibility, and criminal cases against terrorists, would be destroyed if they took part in torture, or condoned it. He wanted to be able to say the FBI’s hands were clean.

Both men understood that they might someday face their own interrogation, under television lights in a chamber of Congress, or in a courtroom under oath.

Mueller was caught again between the rule of law and the requisites of secrecy. He agreed with D’Amuro in principle. But he also kept his silence. He put nothing in writing. The argument about whether the FBI could countenance torture went on.

The CIA water-boarded Abu Zubaydah eighty-three times in August and kept him awake for a week or more on end. It did not work. A great deal of what the CIA reported from the black site turned out to be false. The prisoner was not bin Laden’s chief of operations. He was not a terrorist mastermind. He had told the FBI everything he knew. He told the CIA things he did not know.

“You said things to make them stop, and those things were actually untrue, is that correct?” he was asked five years later in a tribunal at Guantánamo.

“Yes,” he replied. “
They told me, ‘Sorry, we discover that you are not Number Three, not a partner, not even a fighter.’ ”

The techniques of torture continued in Afghanistan and Cuba, and FBI agents again bore witness.

In mid-September Soufan talked to an al-Qaeda prisoner named Ramzi Binalshibh, who was chained naked to the floor in a CIA black prison at the Bagram air base outside Kabul. He said he was starting to obtain “valuable actionable intelligence” before CIA officers ordered him to stop talking forty-five minutes later. On September 17, they flew their prisoner to a second black site in Morocco, then on to Poland; under extreme duress he described plots to crash airplanes into Heathrow Airport and Canary Wharf in London. He was also diagnosed as a schizophrenic.

Soufan went on to Guantánamo, one among more than four hundred FBI agents who served at the navy base over the course of the next two years. Half of them would report abuses by interrogators.

Among the prisoners Soufan questioned was an al-Qaeda operative named Mohammed al-Qahtani, captured by Pakistani forces as he fled Afghanistan. The FBI had identified him with fingerprints as the twentieth hijacker, the one who never made his flight: arriving in the United States at the Orlando Airport, speaking no English, without a return ticket, he had been detained by customs and immigration agents, fingerprinted, photographed, and deported back to Dubai shortly before the attacks.

Soufan tried to get al-Qahtani to talk over the course of a month at Guantánamo, where the prisoner was placed in the navy brig, in a freezing cell where the lights burned through the night. But Soufan could not break him with words.

Army officers demanded “
a piece of al-Qahtani” and “told the FBI to step aside” in October. They questioned him for twenty-hour stretches, leashed him and made him perform dog tricks, stripped him naked and paraded him, froze him to the point of hypothermia, wrapped him from the neck up in duct tape, confronted him with snarling dogs, and ordered him to pray to an idol shrine.

By October 22, 2002, FBI agents at Guantánamo had started a running file that they later labeled “War Crimes.”

An e-mail from Cuba, which circulated at the top of the Counterterrorism Division in November, alerted top officials to what the agents were seeing and hearing. “Those who employ these techniques may be indicted, prosecuted, and possibly convicted,” Spike Bowman, the chief of the FBI’s national security law unit, advised his colleagues at headquarters. “We can’t control what the military is doing,” he wrote. “But we need to stand well clear of it, and we need to get as much information as possible to … Mueller as soon as possible.”

No one got the information to Mueller.

The FBI agents at Guantánamo continued to report what their counterparts were doing. The gist of their reports went from the lawyers at the FBI to the highest levels of the Justice Department. But Mueller’s closest aides shielded him from an increasingly fierce battle—“
ongoing, longstanding, trench warfare,” in the words of Ashcroft’s chief of staff—at Justice, the CIA, the Pentagon, and the White House. The argument over interrogation, intelligence, torture, and the law went on for more than a year.

Ali Soufan resolved it in his own way. He left the FBI in 2005—a rare event in American government, a resignation of conscience over a matter of honor.

“N
O ONE WAS MORE SHOCKED
”

Mueller was embroiled in another ferocious argument over the rule of law and the role of the FBI as the interrogation fight festered. Vice President Cheney had wanted to send the American military to a Muslim enclave in Lackawanna, a dead-end upstate New York town by the Canadian border. The troops were going to seize six suspected al-Qaeda supporters—all of them Americans—charge them as enemy combatants, and send them to Guantánamo forever.

The fear was that the suspects in Lackawanna were ticking time bombs, a sleeper cell of secret al-Qaeda agents in America. All had family roots in Yemen. All had traveled to Afghanistan. But Mueller convinced the White House to let the FBI round them up rather than sending in the army.

The investigation had fused the powers of the FBI, the CIA, and the National Security Agency. They came together in a flash on a remote road in Yemen on November 3, 2002, when a Predator drone aircraft armed with a Hellfire missile destroyed a pickup truck carrying two wanted terrorists among its passengers. One was a member of al-Qaeda implicated in the bombing of the
Cole;
he had been traced by a combination of Soufan’s investigation, NSA data mining, and CIA surveillance. Another was Kamal Derwish, who had lived in Lackawanna, consorted with the arrested suspects, and counseled them to go to Afghanistan. He was the subject of a sealed indictment in the case. His sentence was final: the first American targeted and killed by Americans in the war on terror.

As President Bush made the case for a wider war against Iraq in his State
of the Union address on January 28, 2003, he called the six men in Lackawanna an al-Qaeda cell. The FBI would conclude that this was not true. No evidence ever surfaced that they had planned an attack. They were not sleeper agents. They were malleable young men who meekly cooperated with the government. They drew relatively light sentences of seven years. Three of them entered the federal witness protection program and testified on behalf of the United States at Guantánamo tribunals.

The case set off an intense debate at headquarters that went on after the suspects pleaded guilty. If the FBI had been thinking like an intelligence service, it could have worked with one or more of the Lackawanna suspects to penetrate al-Qaeda in Afghanistan. Should the Bureau have recruited them as spies instead of arresting them?

Mueller had no way to resolve such questions. The Bureau still had no capacity to use intelligence as a weapon of national security. It was consumed by reacting to the events of the day, the hour, and the minute. It could not see over the horizon. It was hard for Mueller and his deputies to see beyond the edges of their own desks. Mueller was trying to double the number of counterterrorism agents and intelligence analysts at the FBI, but the machinery ground with unbearable inertia.