[An op-ed in today's NYT, by Ali Soufan, who was an F.B.I. supervisory special agent from 1997 to 2005.]
My Tortured Decision
FOR seven years I have remained
silent about the false claims magnifying the effectiveness of the
so-called enhanced interrogation techniques like waterboarding. I have
spoken only in closed government hearings, as these matters were
classified. But the release last week of four Justice Department memos
on interrogations allows me to shed light on the story, and on some of
the lessons to be learned.
One of the most striking parts of the memos is the false premises on
which they are based. The first, dated August 2002, grants
authorization to use harsh interrogation techniques on a high-ranking
terrorist, Abu Zubaydah, on the grounds that previous methods hadn’t
been working. The next three memos cite the successes of those methods
as a justification for their continued use.
It is inaccurate, however, to say that Abu Zubaydah had been
uncooperative. Along with another F.B.I. agent, and with several C.I.A.
officers present, I questioned him from March to June 2002, before the
harsh techniques were introduced later in August. Under traditional
interrogation methods, he provided us with important actionable
intelligence.
We discovered, for example, that Khalid Shaikh Mohammed was the
mastermind of the 9/11 attacks. Abu Zubaydah also told us about Jose
Padilla, the so-called dirty bomber. This experience fit what I had
found throughout my counterterrorism career: traditional interrogation
techniques are successful in identifying operatives, uncovering plots
and saving lives.
There was no actionable intelligence gained from using enhanced
interrogation techniques on Abu Zubaydah that wasn’t, or couldn’t have
been, gained from regular tactics. In addition, I saw that using these
alternative methods on other terrorists backfired on more than a few
occasions — all of which are still classified. The short sightedness
behind the use of these techniques ignored the unreliability of the
methods, the nature of the threat, the mentality and modus operandi of
the terrorists, and due process.
Defenders of these techniques have claimed that they got Abu
Zubaydah to give up information leading to the capture of Ramzi bin
al-Shibh, a top aide to Khalid Shaikh Mohammed, and Mr. Padilla. This
is false. The information that led to Mr. Shibh’s capture came
primarily from a different terrorist operative who was interviewed
using traditional methods. As for Mr. Padilla, the dates just don’t add
up: the harsh techniques were approved in the memo of August 2002, Mr.
Padilla had been arrested that May.
One of the worst consequences of the use of these harsh techniques
was that it reintroduced the so-called Chinese wall between the C.I.A.
and F.B.I., similar to the communications obstacles that prevented us
from working together to stop the 9/11 attacks. Because the bureau
would not employ these problematic techniques, our agents who knew the
most about the terrorists could have no part in the investigation. An
F.B.I. colleague of mine who knew more about Khalid Shaikh Mohammed
than anyone in the government was not allowed to speak to him.
It was the right decision to release these memos, as we need the
truth to come out. This should not be a partisan matter, because it is
in our national security interest to regain our position as the world’s
foremost defenders of human rights. Just as important, releasing these
memos enables us to begin the tricky process of finally bringing these
terrorists to justice.
The debate after the release of these memos has centered on whether
C.I.A. officials should be prosecuted for their role in harsh
interrogation techniques. That would be a mistake. Almost all the
agency officials I worked with on these issues were good people who
felt as I did about the use of enhanced techniques: it is un-American,
ineffective and harmful to our national security.
Fortunately for me, after I objected to the enhanced techniques, the
message came through from Pat D’Amuro, an F.B.I. assistant director,
that “we don’t do that,” and I was pulled out of the interrogations by
the F.B.I. director, Robert Mueller (this was documented in the report
released last year by the Justice Department’s inspector general).
My C.I.A. colleagues who balked at the techniques, on the other
hand, were instructed to continue. (It’s worth noting that when reading
between the lines of the newly released memos, it seems clear that it
was contractors, not C.I.A. officers, who requested the use of these
techniques.)
As we move forward, it’s important to not allow the torture issue to
harm the reputation, and thus the effectiveness, of the C.I.A. The
agency is essential to our national security. We must ensure that the
mistakes behind the use of these techniques are never repeated. We’re
making a good start: President Obama has limited interrogation
techniques to the guidelines set in the Army Field Manual, and Leon
Panetta, the C.I.A. director, says he has banned the use of contractors
and secret overseas prisons for terrorism suspects (the so-called black
sites). Just as important, we need to ensure that no new mistakes are
made in the process of moving forward — a real danger right now.
Wednesday, April 22, 2009
This from Chris Eberle:
Rob expresses the concern that the argument I articulated in favor of waterboarding KSM blurs the line -- unacceptably -- between interrogation and punishment. But I'm not sure about that. I don't think that waterboarding KSM is permissible because he 'deserves' to be punished. Retribution plays no role in the argument I articulated. Rather, I think that KSM's culpability helps us to determine how to distribute inevitable harms. That is, given the plan KSM culpably set in motion, some innocents are going to die. But we have available to us an unexpected means of redirecting the harm -- not to its intended, innocent targets, but to KSM. Given either that innocents in LA will die or that KSM will be waterboarded, KSM's having culpably initiated a plan that will otherwise result in the death of those innocents permits us to take the second option. His culpability determines who will be harmed, given that *someone* will be harmed.
Just to make clear that this argument presupposes no claim about KSM deserving to be punished, note that the argument I articulated permits KSM's waterboarding only if that would actually help to thwart his plan to kill innocents, and would be impermissible if waterboarding him had no such consequence. (I assume that, were he to 'deserve' to be waterboarded, we would be obliged, or at least permitted, to waterboard him even if doing so prevented no plan of his. He would be getting what he deserved.)