Authors: Senate Select Committee on Intelligence
1454.
CIA internal assessments concur with this analysis. See “disruption” text in an email from: [REDACTED]; to: [REDACTED], at the Office of Director of National Intelligence; subject: “URGENT: Unclassified Fact Sheet for [REDACTED]”; date: October 6, 2005, at 02:39 PM.
1455.
CIA ██████ (242144Z AUG 04).
1456.
Disseminated intelligence product by the IICT, entitled, “Homeland: Reappraising al-Qa’ida’s “Election Threat,” dated September 10, 2004.
1457.
FBI Intelligence Assessment, “The Gas Limos Project: An al-Qa’ida Urban Attack Plan Assessment,” dated December 14, 2004.
1458.
See Royal Courts of Justice Appeal, Barot v R [2007], EWCA Crim 1119 (16 May 2007). The expert assessments determined that the plotting involved “a professional-looking attempt from amateurs who did not really know what they were doing.” See
also
June 15, 2007,
Bloomberg
news article entitled, “Terrorist Gang Jailed for Helping London and New York Bomb Plot.”
1459.
Italics included in CIA Memorandum to the Office of Legal Counsel, entitled, “Effectiveness of the CIA Counterterrorist Interrogation Techniques,” from March 2, 2005. See
also
CIA talking points for National Security Council entitled, “Talking Points for 10 March 2005 DCI Meeting PC: Effectiveness of the High-Value Detainee Interrogation (HVDI) Techniques,” dated March 4, 2005, as well as multiple other CIA briefing records and memoranda.
1460.
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.”
1461.
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, Acting 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 of CIA’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 (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.”
1462.
Italics added. 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).” The documents include “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.”
1463.
The reference in the document to KSM’s reporting related to Majid Khan is inaccurate. The document asserts: “When confronted with KSM’s information, Majid admits he delivered the money to Zubair . . . .” As described in this summary, and more extensively in Volume II, Majid Khan provided information on the referenced money transfer while in foreign government custody, to an interrogator using rapport-building techniques, prior to any information from KSM.
1464.
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).” Includes “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.”
1465.
Italics in original.
1466.
The CIA’s June 2013 Response states that the “CIA accurately represented that Khalid Shaykh Muhammad (KSM) provided the initial lead to a UK-based al-Qa’ida operative named Dhiren Barot, aka Issa al-Hindi, whom KSM had tasked to case US targets. That information [from KSM] allowed us to identify this Issa as Barot and ultimately led British authorities to arrest him.” As is described in this summary, and in greater detail in Volume II, this CIA representation is not supported by internal CIA records.
1467.
CIA memorandum to “National Security Advisor,” from “Director of Central Intelligence,” Subject: “Effectiveness of the CIA Counterterrorist Interrogation Techniques,’’ included in email from: ███████████████; to: █████████████████, ███████████████, and ████████████████; subject: “paper on value of interrogation techniques”; date: December 6, 2004, at 5:06:38 PM. The email references the attached “information paper to Dr. Rice explaining the value of the interrogation techniques.” The document includes references to the following: The Karachi Plot, the Heathrow Plot, the “Second Wave” plots, the Guraba Cell, Issa al-Hindi, Abu Talha al-Pakistani, Hambali’s Capture, Jafaar al-Tayyar, the Dirty Bomb Plot, Sajid Badat, and Shkai, Pakistan. The document also asserts that “[p]rior to the use of enhanced measures” the CIA “acquired little threat information or significant actionable intelligence” from KSM. As detailed in the summary, KSM was subjected to the CIA’s enhanced interrogation techniques immediately upon entering CIA custody.
1468.
CIA classified statement for the record, Senate Select Committee on Intelligence, provided by General Michael V. Hayden, Director, Central Intelligence Agency, 12 April 2007; and accompanying Senate Select Committee on Intelligence hearing transcript for April 12, 2007, entitled, “Hearing on Central Intelligence Agency Detention and Interrogation Program” (DTS #2007-1563).
1469.
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.
1470.
CIA records indicate that CIA detainees largely provided corroborative reporting on Abu Issa, aka Dhiren Barot, and that CIA representations that “most, if not all, of the timely intelligence acquired from detainees in this program would not have been discovered or reported by other means,” is not supported by CIA records. See intelligence chronology in Volume II for additional details.
1471.
Dhiren Barot’s arrest by U.K. authorities was also unrelated to reporting from the CIA’s Detention and Interrogation Program. See information in this summary, as well as the intelligence chronology in Volume II.
1472.
When Issa’s U.S. casing reports were found on Abu Talha al-Pakistani’s computer, KSM stated that he did not know of any al-Qa’ida plans, by Abu Talha or anyone else, to target the Citigroup/Citibank building, Prudential Group building, or the United Nations building in New York. (See ██████████████ 1477 ██████████████████ ) Nonetheless, KSM’s reporting on Issa’s travel to the U.S. was later corroborated by FBI reporting and individuals detained by foreign governments. See FBI IIR ████████████ (26 AUG 2004) and TTIC Special Analysis Report 2004-28H, entitled, “Homeland: Threat Assessment for IMF/World Bank Annual Meeting, 2-3 October 2004,” dated September 28, 2004; and DIRECTOR ██████ ██████████████████. See
also
reissue, DIRECTOR ██████ █████████████████.
1473.
██████████ 10948 (222101Z MAR 03).
1474.
A CIA officer’s comment on talking points prepared for “ADCI Tuesday Briefing of Kerry/Edwards” on Issa al-Hindi states that “KSM didn’t decode the [phone] numbers for us (he just provided info on how he may have encoded the numbers—which when used didn’t result in valid numbers) [an] address with the number didn’t exist; it was a dead end, and it appears KSM was protecting [Issa] al-Hindi.” See email from: [REDACTED]; to: [REDACTED],with multiple ccs; subject: “IMMEDIATE: al-Hindi TPs for ADCI Tuesday Briefing of Kerry/Edwards”; date: August 30, 2004, at 02:51 PM, which contains comments on previous drafts of talking points.
1475.
Email from: ████████████████████; to: ████████████████, ████████████████, ████████████, ████████████, ████████████████, ██████████████, [REDACTED]; cc: ████████████; subject: KSM and Khallad Issues; date; October 16, 2003 at 5:25:13 PM. See
also
email from: ████████████████ to: [REDACTED], [REDACTED]; cc: ███████████████, ██████████████, [REDACTED], [REDACTED]; subject: Some things to ping Mukie on--cable coming; date: April 11, 2003, at 5:00:12 PM; and ALEC ██████ (222153Z APR 03).