Authors: Senate Select Committee on Intelligence
1616.
Among other documents,
see
CIA Headquarters document, entitled, “OPERATIONAL DEVELOPMENTS AGAINST GLOBAL SUNNI EXTREMIST TERRORISM,” dated, “14 January 2002 1630 Hours”; CIA Headquarters document, entitled, “OPERATIONAL DEVELOPMENTS AGAINST GLOBAL SUNNI EXTREMIST TERRORISM,” dated, “22 January 2002 1630 Hours”; ALEC █████ (142334Z MAY 03); and ████████ 13120 ████████████.
1617.
See
intelligence chronology in Volume II and multiple open source reports, as well as Department of Justice materials, including
United States v. Richard Reid
Indictment U.S. District Court, District of Massachusetts, January 16, 2002. According to a CIA operational update, in early December 2001, a unilateral CIA source reported that a known extremist “indicated there would be an attack on either an American or British airliner, originating in France, Germany, or Britain, with the use of explosives concealed in shoes.” According to CIA records, an unclassified notice distributed to airlines concerning information from the CIA source in early December 2001 “is credited with having alerted flight crew personnel and their having reacted so swiftly to Reid’s actions” aboard Flight 63.
See
intelligence chronology in Volume II, including CIA Headquarters document, entitled, “OPERATIONAL DEVELOPMENTS AGAINST GLOBAL SUNNI EXTREMIST TERRORISM,” dated “9 April 2002 1630 Hours.”
1618.
Italics included in CIA Memorandum to the Office of Legal Counsel, entitled, “Effectiveness of the CIA Counterterrorist Interrogation Techniques,” from March 2, 2005.
1619.
See
document entitled, “DCIA Talking Points: Waterboard 06 November 2007,” dated November 6, 2007, with the notation the document was “sent to DCIA Nov. 6 in preparation for POTUS meeting.”
1620.
From 2003 through 2009, the CIA’s representations regarding the effectiveness of the CIA’s enhanced interrogation techniques provided a specific set of examples of terrorist plots “disrupted” and terrorists captured that the CIA attributed to information obtained from the use of its enhanced interrogation techniques. CIA representations further asserted that the intelligence obtained from the use of the CIA’s enhanced interrogation techniques was unique, otherwise unavailable, and resulted in “saved lives.” Among other CIA representations, see: (1) CIA representations in the Department of Justice Office of Legal Counsel Memorandum, dated May 30, 2005, which relied on a series of highly specific CIA representations on the type of intelligence acquired from the use of the CIA’s enhanced interrogation techniques to assess their legality. The CIA representations referenced by the OLC include that the use of the CIA’s enhanced interrogation techniques was “necessary” to obtain “critical,” “vital,” and “otherwise unavailable actionable intelligence” that was “essential” for the U.S. government to “detect and disrupt’ terrorist threats. The OLC memorandum further states that “[the CIA] ha[s] informed [the OLC] that the CIA believes that this program is largely responsible for preventing a subsequent attack within the United States.” (
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.) (2) CIA representations in the Department of Justice Office of Legal Counsel Memorandum dated July 20, 2007, which also relied on CIA representations on the type of intelligence acquired from the use of the CIA’s enhanced interrogation techniques. Citing CIA documents and the President’s September 6, 2006, speech describing the CIA’s interrogation program (which was based on CIA-provided information), the OLC memorandum states: “The CIA interrogation program—and, in particular, its use of enhanced interrogation techniques—is intended to serve this paramount interest [security of the Nation] by producing substantial quantities of otherwise unavailable intelligence…. As the President explained [on September 6, 2006], ‘by giving us information about terrorist plans we could not get anywhere else, the program has saved innocent lives.’” (
See
Memorandum for John A. Rizzo, Actmg General Counsel, Central Intelligence Agency, from Steven G. Bradbury, Principal Deputy Assistant Attorney General, Office of Legal Counsel, July 20, 2007, Re: Application of the War Crimes Act, the Detainee Treatment Act, and Common Article 3 of the Geneva Conventions to Certain Techniques that May Be Used by the CIA in the Interrogation of High Value al Qaeda Detainees.) (3) CIA briefings for members of the National Security Council in July and September 2003 represented that “the use of Enhanced Techniques of one kind or another had produced significant intelligence information that had, in the view of CIA professionals, saved lives,” and warned policymakers that “[t]ermination of this program will result in loss of life, possibly extensive.” (
See
August 5, 2003 Memorandum for the Record from Scott Muller, Subject: Review of Interrogation Program on 29 July 2003; Briefing slides, CIA Interrogation Program, July 29, 2003; September 4, 2003, CIA Memorandum for the Record, Subject: Member Briefing; and September 26, 2003, Memorandum for the Record from Muller, Subject: CIA Interrogation Program.) (4) The CIA’s response to the Office of Inspector General draft Special Review of the CIA program, which asserts: “Information [the CIA] received . . . as a result of the lawful use of enhanced interrogation techniques (‘EITs’) has almost certainly saved countless American lives inside the United States and abroad. The evidence points clearly to the fact that without the use of such techniques, we and our allies would [have] suffered major terrorist attacks involving hundreds, if not thousands, of casualties.” (
See
Memorandum for: Inspector General; from: James Pavitt, Deputy Director for Operations; subject: re (S) Comments to Draft IG Special Review, “Counterterrorism Detention and Interrogation Program” 2003-7123-IG; date: February 27, 2004; attachment: February 24, 2004, Memorandum re Successes ofCIA’s Counterterrorism Detention and Interrogation Activities.) (5) CIA briefing documents for CIA Director Leon Panetta in February 2009, which state that the “CIA assesses that the RDI program worked and the [enhanced interrogation] techniques were effective in producing foreign intelligence,” and that [m]ost, if not all, of the timely intelligence acquired from detainees in this program would not have been discovered or reported by other means.” (
See
CIA briefing documents for Leon Panetta, entitled, “Tab 9: DCIA Briefing on RDI Program- 18FEB.2009” and graphic attachment, “Key Intelligence and Reporting Derived from Abu Zubaydah and Khalid Shaykh Muhammad (KSM),” including “DCIA Briefing on RDI Program” agenda, CIA document “EITs and Effectiveness,” with associated documents, “Key Intelligence Impacts Chart: Attachment (AZ and KSM), “Background on Key Intelligence Impacts Chart: Attachment,” and “supporting references,” to include “Background on Key Captures and Plots Disrupted.”) (6) CIA document faxed to the Senate Select Committee on Intelligence on March 18, 2009, entitled, “[SWIGERT] and [DUNBAR],” located in Committee databases at DTS #2009-1258, which provides a list of “some of the key captures and disrupted plots” that the CIA had attributed to the use of the CIA’s enhanced interrogation techniques, and stating: “CIA assesses that most, if not all, of the timely intelligence acquired from detainees in this program would not have been discovered or reported by any other means.”
See
Volume II for additional CIA representations asserting that the CIA’s enhanced interrogation techniques enabled the CIA to obtain unique, otherwise unavailable intelligence that “saved lives.”
1621.
As detailed in the intelligence chronology in Volume II, there is no evidence to support the CIA assertion in October 2007 that Sajid Badat was “preparing another attack like that attempted by ‘shoe bomber’ Richard Reid.” A body of intelligence collected after the December 22, 2001, attempted shoe bomb attack by Richard Reid indicated that the proposed partner “backed out of the operation.” This information was corroborated by signals intelligence. Once detained on November 27, 2003, Sajid Badat cooperated with U.K. authorities and described how he withdrew from the operation. See, among other CIA records, CIA Headquarters document, entitled, “OPERATIONAL DEVELOPMENTS AGAINST GLOBAL SUNNI EXTREMIST TERRORISM,” dated “14 January 2002 1630 Hours.”
1622.
Italics added. CIA fax from CIA employee [REDACTED] to U.S. Senate Committee on Appropriations, Subcommittee on Defense, with fax cover sheet entitled, “Talking points,” sent on October 26, 2007, at 5:39:48 PM; document faxed entitled, “Talking Points Appeal of the $██ Million reduction in CIA/CTC’s Rendition and Detention Program.” As detailed in the intelligence chronology in Volume II, there is no evidence that Sajid Badat was “preparing another attack like that attempted by ‘shoe bomber’ Richard Reid.” All intelligence collected after the December 22, 2001, attempted shoe bomb attack by Richard Reid indicated that his proposed partner “backed out of the operation.” See, for example, CIA Headquarters document, entitled, “OPERATIONAL DEVELOPMENTS AGAINST GLOBAL SUNNI EXTREMIST TERRORISM,” dated,”14 January 2002 1630 Hours.”
1623.
Italics in original. CIA Talking Points entitled, “Talking Points for 10 March 2005 DCI Meeting PC: Effectiveness of the High-Value Detainee Interrogation (HVDI) Techniques.”
1624.
CIA “Briefing Notes on the Value of Detainee Reporting” faxed from the CIA to the Department of Justice on April 15, 2005, at 10:47AM.
See also
a CIA document dated December 20, 2005, and entitled, “Examples of Detainee Reporting Used by Our CT Partners to Thwart Terrorists, 2003-2005,” which includes four columns: “Detainees,” “What They Told Us,” “Actions Taken By Our CT Partners,” and “Results.” Under the heading of KSM and Ammar al-Baluchi, the document states: “What They Told Us . . .” “Provided lead information to Issa al-Britani, a.k.a. Sajid Badat in the United Kingdom, November 2003. KSM said Badat was an operative slated to launch a shoe-bomb attack simultaneously with Richard Reid in December 2001. Ammar al-Baluchi provided additional information on Badat . . . Results . . . Disrupted a shoe-bomb attack.”
1625.
For additional information,
see
Volume I and Volume II.
1626.
There are no records of KSM identifying Sajid Badat as “Issa al-Pakistani.” CIA records indicate that KSM stated he did not know Richard Reid’s partner’s true name, but referred to him only as “Abu Issa al-Britani” (described in CIA cables as “Abu Issa the Britain” [sic]), or as “Issa Richard.”
See
intelligence chronology in Volume II, including ALEC █████ (112157Z JUN 03).
1627.
CIA “Briefing Notes on the Value of Detainee Reporting” faxed from the CIA to the Department of Justice on April 15, 2005, at 10:47AM. As detailed in Volume II, there are no CIA records of KSM providing any reporting in November 2003 contributing to Sajid Badat’s arrest.
1628.
CIA Briefing for Obama National Security Team- “Renditions, Detentions, and Interrogations (RDI),” including “Tab 7,” named “RDG Copy- Briefing on RDI Program 09 Jan. 2009”: “. . . [L]eads provided by KSM and Ammar al-Baluchi in November 2003 led directly to the arrest in the United Kingdom of Sajid Badat the operative who was slated to launch a simultaneous shoe-bomb attack with Richard Reid in December 2001.” Ammar al-Baluchi, while still in foreign government custody, and prior to being transferred to CIA custody and subjected to the CIA’s enhanced interrogation techniques, stated that he had contacted “Abu Issa” on behalf of KSM but the CIA believed that Ammar al-Baluchi was providing inaccurate information. (
See
ALEC 206234 ██████████). ███ [foreign partner] authorities later indicated that they believed that Ammar al-Baluchi was providing accurate reporting on Abu Issa. (
See
███████ 10054 ██████████. Later, in CIA custody, Ammar al-Baluchi described Issa’s connection to the Richard Reid plot. The CIA credited confronting Ammar al-Baluchi with emails as “key in gaining Ammar’s admissions.” (
See
ALEC ████████████.) As detailed in Volume II, Ammar al-Baluchi, like KSM, was unable, or unwilling, to identify Sajid Badat by name.
1629.
See
list of CIA prepared briefings and memoranda from 2003 through 2009 with representations on the effectiveness of the CIA’s enhanced interrogation techniques referenced in this summary and described in detail in Volume II.
1630.
CIA briefing for Vice President Cheney, dated March 4, 2005, entitled, “Briefing for Vice President Cheney: CIA Detention and Interrogation Program.” The briefing document states: “Shoe Bomber: Sajid Badat, an operative slated to launch a simultaneous shoe bomb attack with Richard Reid in December 2001, identified and captured. Source: Abu Zubaydah.” There are no CIA records to support this statement. On August 17, 2003, Abu Zubaydah was shown a picture of Sajid Badat that a CIA officer stated “looks an awful lot like the sketches” from a detainee in foreign government custody. Abu Zubaydah stated he did not recognize the person in the photo. On August 22, 2003, sketches of Badat were shown to Abu Zubaydah, who did not recognize the individual depicted.
See
email from: ██████████ to: ██████████ (multiple ccs); subject: “Re: Meeting with █████”; date: August 17, 2003, at 1:04 PM; █████ 12679 (181124Z AUG 03); █████ 12713 (231932Z AUG 03).
1631.
The CIA also credited Abu Zubaydah, who was captured in March 2002, with identifying Richard Reid, who was arrested in December 2001. This inaccurate information was presented to select National Security Council principals. Secretary of State Powell and Secretary of Defense Rumsfeld, and Assistant Attorney General Jack Goldsmith.
See
CIA briefing slides entitled, “
CIA Interrogation Program
,” dated July 29, 2003, presented to senior White House officials (Memorandum for the Record; subject: CIA Interrogation Program; September 27, 2003 (OGC-FO-2003-50088); Slides, CIA Interrogation Program, 16 September 2003). The Memorandum for the Record drafted by John Bellinger refers to a “detailed handout” provided by the CIA.
See
John B. Bellinger III, Senior Associate Counsel to the President and Legal Advisor, National Security Council; Memorandum for the Record; subject: Briefing of Secretaries Powell and Rumsfeld regarding Interrogation of High-Value Detainees; date: September 30, 2003.
See also
Scott W. Muller; Memorandum for the Record; Interrogation briefing for Jack Goldsmith; date: 16 October 2003 (OGC-FO-2003-50097).