COMMENTS TO DRAFT IG SPECIAL REVIEW, COUNTERTERRORISM DETENTION AND INTERROGATION PROGRAM" (2003-7123-IG)"

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6566541
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RIPPUB
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20
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June 13, 2016
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F-2015-02400
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February 27, 2004
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Approved for Release: 2016/06/10 C06566541 ? DD0-0031-04 27 February 2 MEMORANDUM FOR: Inspector General FROM: James L. Pavitt Deputy Director for Operations SUBJECT: I'S-) Comments to Draft IG Special Review, "Counterterrorism Detention and Interrogation Program" (2003-7123-IG) 1. (-6-) I would like to express my appreciation for the efforts of the review team in dealing with this complex subject. We recognize that CIA's detention and interrogation activities are new, unanticipated departures for.CIA and present us with very significant operational and legal issues. Your review will be valuable in our continuing commitment to manage these activities effectively and efficiently and in a manner consistent with the law, with our authorities, and with a fundamental respect for human values. (b)(1) (b)(3) NatSecAct (b)(5) -ErEeRET (b)(3) CIAAct 80000 (b)(3) NatSecAct Approved for Release: 2016/06/10 C06566541 Approved for Release: 2016/06/10 C06566541 ur ?e'-xcri I (b)(3) NatSecAct SUBJECT: (151- Comments to Draft IG Special Review, "Counterterrorism Detention and Interrogation Program" (2003-7123-IG) (b)(1) (b)(3) NatSecAct (b)(5) ch Detailing the Successes of our Efforts: (b)(5) Nor should the Review shy away from the conclusion that our efforts have thwarted attacks and saved lives. I would make it clear as well that the EITs (including the water board) have been indispensable to our sucCesses. (b)(5) 2 8000007 TOP SECRET (b)(1) (b)(3) NatSecAct ..z Approved for Release: 2016/06/10 C06566541 ? Approved for Release: 2016/06/10 C06566541 TUF SKIT (b)(3) NatSecAct SUBJECT: 4,&) Comments to Draft IG Special Review, "Counterterrorism Detention and Interrogation Program? (2003-7123-IG) (b)(1) (b)(3) NatSecAct (b)(5) JAM bt.A.M.T 3 (b)(1) ?(b)(3) NatSecAct 8000008 Approved for Release: 2016/06/10 C06566541 Approved for Release: 2016/06/10 C06566541 'yr aw...nzi (b)(3) NatSecAct SUBJECT: 1-3) Comments to Draft IG Special Review, "Counterterrorism Detention and Interrogation Program" (2003-7123-IG) (b)(1) (b)(3) NatSecAct (b)(5) Tt7P7STCRET 4 (b)(1) ?(b)(3) NatSecAct Approved for Release: 2016/06/10 C06566541 8000009 ,49Y/.f Approved for Release: 2016/06/10 C06566541 (b)(3) NatSecAct SUBJECT: ?64 Comments to Draft IG Special Review, "Counterterrorism Detention and Interrogation Program" (2003-7123-IG) (b)(1) (b)(3) NatSecAct (b)(5) TO19?neRET 5 (b)(1) 7b)(3) NatSecAct Approved for Release: 2016/06/10 C06566541 8000010 fly,- ? Approved for Release: 2016/06/10 C06566541 (b)(3) NatSecAct SUBJECT: (13.) Comments to Draft IG Special Review, "Counterterrorism Detention and Interrogation Program? (2003-7123-IG) (b)(1) (b)(3) CIAAct (b)(3) NatSecAct (b)(5) TOP ET 6 (b)(1) ?(b)(3) NatSecAct Approved for Release: 2016/06/10 C06566541 8000011 /2Y/-4 ? Approved for Release: 2016/06/10 C06566541 (b)(3) NatSecAct SUBJECT: (-S-) Comments to Draft IG Special Review, "Counterterrorism Detention and Interrogation Program? (2003-7123-IG) (b)(1) (b)(3) CIAAct (b)(3) NatSecAct (b)(5) TeM?STCRE 7 (b)(1) ?(b)(3) NatSecAct Approved for Release: 2016/06/10 C06566541 8000012 I9W-2 ? Approved for Release: 2016/06/10 C06566541 (b)(3) NatSecAct SUBJECT: (S) Comments to Draft IG Special Review, "Counterterrorism Detention and Interrogation Program" (2003-7123-IG) ? (b)(5) (b)(6) ?,1.,ames . Pavitt (b)(5) TOP SECRET (b)(6) 8 (b)(1) 7(b)(3) NatSecAct Approved for Release: 2016/06/10 C06566541 8000013 n ? k Approved for Release: 2016/06/10 C06566541 (b)(3) NatSecAct SUBJECT: CS} Comments to Draft IG Special Review, "Counterterrorism Detention and Interrogation Program" (2003-7123-IG) (b)(3) CIAAct CTC/EXD (b)(6) (23 February 2004). Distribution: Orig & 1 - Inspector General ? 1 - EXDIR 2 - DDO Secretariat ? 1 - ADDO/RPP 2.- CORMS 1 - D/CTC 1 - CTC/EXDIR 1 - CTC/LGL ET 9 (b)(1) ?(b)(3) NatSecAct Approved for Release: 2016/06/10 C06566541 8000014 V/-, Approved for Release: 2016/06/10 C06566541 TOP SECRET/ /110TeRt171/X1 (b)(1) (b)(3) NatSecAct 24 February 2004 SUBJECT: (-3-14F) Successes of CIA's Counterterrorism Detention and Interrogation Activities (b)(1) CPS/ Information we received from detained (b)(3)NatSecAct terrorists as a result of th 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 suffered major terrorist attacks involving hundreds, if not thousands, of casualties. Details of some of the actionable intelligence acquired as a result of the lawful use of EITs follow. Khalid Shaykh Muhammad (b)(1) mai Khalid Shakyh Muhammad's information (b)(3)NatSecAct alone has saved at least several hundred, possibly thousands, of lives. Before the lawful use of EITs, Khalid Shaykh Muhammad ("KSM") Al-Qa'ida's chief operational planner and the architect of the 9/11 attacks-- refused to cooperate. When asked about future attacks planned against the United States, he coldly replied "Soon, you will know." (b)(1) . In fact, soon we did know -- but only (b)(3)NatSecAct after we initiated the lawful use Of EITs. The information. KSM provided resulted in the discovery .of a three person cell in the United States previously unknown to. the FBI; the operative who was tasked to head up the follow-on , attack plans inside the United States; an al-Qa'ida .explosives' smuggling plan for the United States; an al- Qa'ida sleeper agent in New York; and multiple plots for mass casualty operations inside the United States. (b)(1) (b)(3) NatSecAct (b)(3) CIAAct (b)(3) NatSecAct TOP SECRET, fiteniaerittrf/X1 Approved for Release: 2016/06/10 C06566541 g - D Approved for Release: 2016/06/10 C06566541 Jnc0=L-SEGRFR/ /NorORN//X1 (b)(1) (b)(3) NatSecAct (b)(1) - -? ePS/ Specifically, as.a result of the lawful (b)(3) NatSecAct use of EITs, KSM identified a truck driver who is now serving time in the United States for his support to al- Qa'ida. This truck driver was tasked.to procure (b)(1) (b)(3) NatSecAct specialized machine tools in support of al-Qa'ida plans to cut the cables of major U.S.. suspension bridges. The associates of. this truck driver also turned out to be dangerous extremists who discussed plans for armed attacks against U.S. shopping malls. We identified and the FBI approached one of these extremists who confessed,' and we have the other under surveillance. fft/ As a result. of the lawful use of EITs, KSM also identified and provided critical biographic information for an operative we had onlylknown'as Jaffar' al-Tayyar. KSM described Tayyar as the next Muhammad Attai a trained and skilled terrorist who was privy to al-. - Qa.'ida's master plan for follow-on attacks inside the United States. KSM stated that if Tayyar could Chose only one target, it would be the New York Stock Exchange. Acting on the new information from KSM on Jaffar's.family in the United States, the FBI -quickly publicized Tayyar's true name and aggressively followed up with Tayyar's family and friends in the United States. As a result, Tayyar went underground. (W(1) (b)(3) NatSecAct (b)(1) ("seri As a result of the lawful use of EITs, (b)(3)NatSecAct KSM also provided information on a newly recruited operative with family inside the United States who had been tasked to assist Tayyar and other al-Qa'ida operatives. Because this operative's family owned a gas station in the greater Washington metropolitan area and was relatively untrained for more sophisticated attacks, this operative was tasked with investigating how to blow up as many gas stations as possible so as to kill as many Americans as possible, incite widespread panic, and cause significant economic damage. Because of the information we were able lawfully to obtain from KSM, this operative is now in custody. (W(1) MS/ As a result of the lawful use of EITs, (b)(3)NatSecAct KSM also i.entified a photograph of a suspicious student in (b)(1) (b)(3) NatSecAct ? 8000016 Tert'-&EC-R-ST ,NOFORN//X1 Approved for Release: 2016/06/10 C06566541 Approved for Release: 2016/06/10 C06566541 71,19?SteRg(b)(1) / /X1 (b)(3) NatSecAct New York whom the FBI suspected of some involvement with al-Qa'ida, but against whom we previously had had no concrete information. KSM clarified that this student had been sent back into the United States in order to continue his university studies and to keep a low profile just before the 9/11 attacks. The student was to prepare the way to receive other al-Qa'ida terrorists who would soon follow after 9/11 and who would form cells in order to execute follow-on attacks. This student is now being held on a material witness warrant. (b)(1) (46-/ As a result of the lawful use of EITs, (b)(3)NatSecAct KSM identified a mechanism by which al-Qa'ida planned to smuggle explosives into the United States via a Pakistani businessman and textile merchant who shipped his material to the United States. The businessman had agreed to use this method to help al-Qa'ida smuggle in explosives for follow-on attacks to 9/11. The man is now in custody. (b)(1) As to the purpose of all of these (b)(3) NatSecAct explosives and operatives who were to be sent to the United States following the 9/11 attacks, KSM specified that economic damage and mass casualties were al-Qatida's goal. The specific operations included everything from flying an airplane into the largest building in California to setting off bombs in subways during rush hour so as to kill the . most people. (b)(1) -mks./ As a result of the lawful use of EITs, (b)(3)NatSecAct KSM also provided information on an al-Qa'ida plot for suicide airplane attacks outside of the United States that would have killed thousands of people in the United Kingdom. KSM stated that he had been planning a 9/11- style attack against Heathrow airport and other targets in London. , In addition to targeting the airport itself, at least one hijacked plane would target London's Canary Wharf, an extensive skyscraper and commercial/residential center, which KSM stated was the rough equivalent of the World Trade Center in al-Qa'ida's view. (b)(1) (b)(3) NatSecAct Of note, even after KSM reported that al-Qa'ida was planning to.target Heathrowi.he at first repeatedly denied there was any other target than the airport.. Only after the repeated lawful use of EITs.did stop lying' and. admit that the sketch of a beam labeled (b)(1) , ? (b)(3) NatSecAct OZA1/4?ENCol LILE I'LLIf/A1 Approved for Release: 2016/06/10 C06566541 8000017 .? ? Approved for Release: 2016/06/10 C06566541 relt?sseRer'' (1)(1) /NOFORN//X1 (b)(3) NatSecAct (b)(1) (b)(3) NatSecAct (b)(1) (b)(3) NatSecAct (b)(1) (b)(3) NatSecAct (b)(1) (b)(3) NatSecAct (b)(1)i (b)(3) NatSecAct (b)(1) (b)(3) NatSecAct Canary Wharf in his notebook was in fact an illustration that KSM the engineer drew himself in order to show another AQ operative that the beams in the Wharf -- like those in the World Trade Center -- would likely melt and collapse the building, killing all inside. .ers/ As a result of the lawful use of EITs,. KSM described the plot -- which called for hiiackina aircraft where security was considered poor and identified the leading operatives involved in both cells that would support the operation... We shared these critical ' leads with our liaison partners in The plot redeived much publicity, security was vastly and demonstrably increased in and we continue to work intently to hunt down the members of the cell. To date, one al-Qa'ida terrorist who was detained in was found carrying_an_a_marent al-Qa.'ida code mentioning countries in as well as airplane- related terminology. We are still debriefing detainees and following up on leads to destroy this cell, but at a' minimum the lawful use of EIT's on KSM provided us with critical information that alerted us to these threats and enabled .U.S,, other. liaison authorities- to take proactive measures which have, at a minimum, disrupted and perhaps forestalled those attacks. Abu Zubaydah Abu Zubaydah -- a master al-Qa'ida facilitator -- was similarly arrogant and uncooperative before the lawful use of EITs. He had obfuscated, prevaricated, and generally treated his debriefers with contempt in the early stages. Only following the lawful use of EITs did he develop into currently our most cooperative detainee. While verbally continuing to describe his hatred of the United States, Abu Zubaydah ("AZ") now helps us interpret sensitive al-Qa'ida communications and to identify newly captured operatives. His information is singularly unique and valuable from an intelligence point of view, but it also has produced concrete results that have helped saved lives. His knowledge of al-Qa'ida lower-level facilitators, modus (W(1 ) (b)(3) NatSecAct TO? SEatT AICLF-01411/X1 Approved for Release: 2016/06/10 C06566541 8000018 (b)(1) (b)(3) NatSecAct (b)(1) (b)(3) NatSecAct (b)(1) (b)(3) NatSecAct Approved for Release: 2016/06/10 C06566541 /?14FORNV / X1 TO"r"SteRET , (b)(1) (b)(3) NatSecAct operandi and safehouses, which he shared with us as a result of the use of EITs, for example, played a key role in the ultimate capture of Ramzi Bin al-Shibh. ? (Ingl Abu Zubaydah has Commented that the*use of EITs is what convinced him to cease his active resistance, as Allah does not 'expect a man to bear more than he can, and he has volunteered to counsel fellow . detainees to 'cooperate with our interrogators in order to avoid the use of EITs. .Subsequent to the lawful use of EITs he. reiterated on several occasions that he would gladly assist us with trying to convince others to ' cooperate; along these same lines, In early February 2004 AZ.stated that he continues to help us with information not so much to help us,- but rather to help make things easier ? for those we capture. lie-indicates.that this'As due to the use of the EITs. T.126/ .Indeed, when asked if it would be possible to gain cooperation from high value detainees.. without the use of. the water board, AZ reported that were we not to use, the water board in appropriate instances we might not be able to gain cooperationunless we were willing. to subject-the.detainee to some other form of 'harsh treatment. He said that: use of *the harsh measures or the valid threat of the use of harsh measures actually helps brothers avoid sin: .while providing information to one's 'enemies is a tin, nonetheless Allah does not expect - brothers to bear a burden that is too great for. them to withstand. AZ_reported that accordingly, Islam allows brothers to provide information without sin, if-they believe' that they have reached the limit of their ability to withhold that information. He observed, that some high value detainees will have to. endure harsh treatment, even the water board,. before providing the critical information, while others will not need to be pushed that far. ? Riduan "Hambali" Isomuddin (SS/ Similarly, before the lawful use of EITs, Riduan "Hambali" Isomuddin ("Hambali") commented only on previous attacks, providing largely historical information. Only after the use of EITs did he provide the (b)(1) (b)(3) NatSecAct Tel?SECRET, /Nornivq//X1 8000019 sq-1/ Approved for Release: 2016/06/10 C06566541 ? (b)(1) (b)(3) NatSecAct (b)(1) (b)(3) NatSecAct (b)(1) (b)(3) NatSecAct (b)(1) (b)(3) NatSecAct Approved for Release: 2016/06/10 C06566541 iNOFORNHX1 TriP-5E-emoxi) (b)(3) NatSecAct information that has enabled us to disrupt future attacks. Prior to the lawful use of EITs, Hambali had provided historical information on the Bali operation and other historical matters, but continued to minimize his role in al-Qa'ida and his association with Khalid Shaykh Muhammad. As a result of the lawful use of EITs, Hambali provided information that identified the members of anHal-Qeida cell in Karachi, some of whom had been designated as the pilots for planned follow-up aircraft. attacks' inside the. United States These operatives had ? been previously unknown to us.. As a result of the Hardpan reporting, they are now in custody. elE,S/ As a result of the lawful use of EITs, Hambali had reported that a group of hand-picked students were to comprise the "next generation" of al-Qa'ida managers, operators, and teachers in Southeast Asia. In 1999, Hambali had set up the so-called "al-Ghuraba" AQ/JI cell in Karachi, designed to steep students in radical Islamic studies and provide the opportunity for military style training to prepare them for jihad. Some members of the that Karachi cell were to be part of senior al-Qa'ida leader KSM's "second wave" operation to attack the United States using the same method as used on 11 September 2001. (TB/ Hambali stated that he had 'planned to review the 'students' progress at the end of 'the. semester (presumably late 2003) and turn the more promising ones over to al-Q4'.ida operative Abu Talha, who would in turn oversee their placement in training facilities in Europe in order to.carry out aircraft.operatiops against U.S. targets.' Asa result. of. the.lawful.use of EITs 14 members of the al-Ghuraba cell were 'detained in Karachi on 20 September 2003. As a result of the lawful use of EITs, Hambali also reported complementary information to that which KSM had provided, confirming that KSM had described California as a target and that after the 9/11 attacks KSM had ambitions to attack the United States again by means of commandeered aircraft. Hambali also reported that while KSM and he were discussing suggestions by Yazid Sufaat to bomb a monument in the United Kingdom, KSM made the point that the plan was a goOd one, although targets in the (b)(1) 8000020 (b)(3) NatSecAct 1WL Imyrvnim4/At Approved for Release: 2016/06/10 C06566541 Approved for Release: 2016/06/10 C06566541 TOP ET/ '/NOrnizli//X1 (b)(1) (b)(3) NatSecAct United States were preferable to those in the United Kingdom. Nashiri (b)(1) Prior to the lawful use of EITs, Nashiri (b)(3) NatSecAct had willingly provided information, (b)(1) only about historical matters such as defunct (b)(3) NatSecAct planned attacks, his leadership role in the bombing of the U.S.S. Cole, and the disrupted plots to sink western ships in the Straits of Hormuz and Straits of Gibraltar. Indeed, he appeared very willing to talk about historical matters - - but not about ongoing, viable plans for new attacks. (b)(1). 4Tei With regard to ongoing operations, . (b)(3)NatSecAct specifically his operation to sink a 'ship in Port Rashid, U.A.E., the.infomation he provided before the use of EITs suggested that he was only in .the preliminary Stages of planning. But as a result of the lawful-use.of EITs, he 'provided in-depth information about the, specific operatives involved in that planned attack, as well, as information.. abouthismost-current operational-planningi-td include ongoing operations Saudi Arabia. against both U.S.' and Saudi.interests in (b)(1) gr-Er/ AS a result of the lawful use of EITs, (b)(3) NatSecAct our debrie ings then were able to establish that the information he previously had provided (b)(1) was not accurate. For example, (b)(3) NatSecAct Nashiri had provided Only general information about Abu Hazim, the pilot who had been, designated to carry out the Port Rashid operation. In contrast; as a result of the lawful use of EITs we were able to obtain much more detailed. information from Nashiri about Abu Hazim's role - and responsibilities within. al-Qa'ida. We learned that Abu Hazim was a significant player within 'this network, and one capable of assuming' a leadership position; indeed, subsequent repotting shows that Abu Hazim has assumed control of:the Saudi cell and serves as al-Nashiri's replacement.' Although Abu Hazim has not yet been captured, largely as a.result of the Nashiri reporting we'have ensured. that he is now a major target for apprehension, not only in Saudi Arabia but worldwide as well. ? (b)(1) (b)(3) NatSecAct 1-rdt-'?"J'EL-Tcr, 41111-111.1.13.141/X1- 8000021 w -14 Approved for Release: 2016/06/10 C06566541 Approved for Release: 2016/06/10 C06566541 TOP 5(b)(1)tittIOTOR,N.//X1 (b)(3) NatSecAct (b)(1) (b)(3) NatSecAct eps/ Only as a result of the lawful use of EITs have we obtained information from Nashiri that has contributed to creating a clearer picture of al-Qa'ida's Saudi cell and their efforts to attack U.S. and Saudi targets. In addition to identifying Abu Hazim, these Nashiri debriefings have uncovered other, major al-Qa'ida ? cell members, such as Muhsin al-Qassimi and Abu Hajir al- b 1) Najdi, who are in involved in current operational planning ()( (b)(3) NatSecActand who also now have been placed on (b)(1) / As a result of the lawful use of EITs, (b)(3) NatSecAct ? we have obtained from Nashiri a significantly greater .understanding of the Saudi al-Qa'ida network; the details provided by al-Nashiri have greatly assisted our efforts to disrupt their planning, detain some of their members, and keep the others on the run. Those, cell 'members arejlo longer able to operate freely in. Saudi Arabia, making. it .harder to continue ops planning 'and thereby deferring or (b)(1) . forestalling major terrorist attacks. (b)(3) NatSecAct For example, as a result of the lawful use of EITs Nashiri noted that prior to his arrest, three individuals named Muhsin, Abu Hajir, and Abu Hazim had been discussing possible terrorist attacks against U.S. targets in Saudi Arabia, and had suggested they would acquire AK- ? 47 assault rifles and handguns, identify American soft targets such as buses or vehicles that carry a large number of Americans, and spray them with bullets to kill the (b)(1) Americans inside. (b)(3) NatSecAct (b)(1) (b)(3) NatSecAct 4-T-S4 Nashiri further stated that he had provided a significant amount of funding to Abu Hajir and Muhsin, and that these two'operatives were formulating ideas about additional lethal attacks against thS.U-S. .Embassy in Riyadh. Nashiri admitted to having tet.on two occasions with Abu Hajir and discussed the operation to attack the U.S. Embassy. (Te./ Similarly, as a result of the lawful use of EITs Nashiri provided details about Muhsin's proposal for a terrorist attack on the headquarters of the Saudi Arabia National Guard ("SANG"). Nashiri stated that Muhsin believed that many Americans visit the SANG facility, and so a well planned attack using explosives and automatic (b)(1) (b)(3) NatSecAct 8000022 4012?SZGRET/ QIUDZIORbW/X1 Approved for Release: 2016/06/10 C06566541 Approved for Release: 2016/06/10 C06566541 TOP?SEeRET/ rtiparam//xl (b)(1) (b)(3) NatSecAct firearms would cause large number of both Saudi and American casualties. Though Nashiri claimed to have rejected the idea, he stated that he provided Muhsin with the money to continue planning the SANG operation and had told Muhsin to present Nashiri with a tight plan on his ideas to successfully carry out this attack. (b)(1) ? tins/ As a result of the lawful use of EITs, (b)(3)NatSecAct Nashiti.sal t at an operative named Hamza al-Tabuki had told him about an idea for attacking compounds in Saudi - Arabia and also had admitted to a plan by Salman/Sulayman al-Ta'ibi? to target a military ship in the Port Of Jeddah. ,Al-Taiibi also had Mentioned to. Nashiri they should take' swimming and/or diving lessons, and proposed conducting ? small rifle attacks against U.S. citizens on the streets of Jeddah. Additionally, al-Teibi had offered to provide Nashiri, and three to four operatives of. Naphiri's. choosing; with scuba diving and underwater navigation training in Jeddah. (b)(1) (b)(3) NatSecAct (b)(1) (b)(3) NatSecAct 8000023 TOP SECRET /4142sFGRINI/X1 Approved for Release: 2016/06/10 C06566541 ? : Approved for Release: 2016/06/10 C06566541 (b)(3) NatSecAct biessificatioamoik U Cl(/codcwordIIFGJ//D1scm:coitrols//Noti-inteineCtisi OtiaPProti14840 ): Comments to Draft IG Silecial Review. 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