Re: The Torture Papers: The Road to Abu Ghraib, edited by Ka
Posted: Sun Oct 13, 2013 9:16 am
PART 9 OF 27 (Inquiry Into the Treatment of Detainees in U.S. Custody)
Notes:
271. Ibid.
272. Memo from JPRA/CC (Col Randy Moulton) to JPRA J3/J7/PRA, [delete] Support to [delete] / Project 22B (August 13, 2002) at 1.
273. Ibid.
274. Committee staff interview of MAJ Paul Burney (August 21, 2007); Committee staff interview of [delete] (September 12, 2007).
275. Written statement of MAJ Paul Burney (August 21, 2007).
276. Committee staff interview of MG Michael Dunlavey (November 30, 2007).
277. [Delete] A standard operating procedure was drafted in November 2002, several months after the BSCT was established. It described BSCT tasks including: consulting on interrogation approach techniques, conducting detainee file reviews to construct personality profiles and provide recommendations for interrogation strategies; observing interrogations and providing feedback to interrogators on detainee behavior, flow of the interrogation process, translator and cultural issues and possible strategies for further interrogation; and providing consultation/training on specific behavioral science interviewing and observational techniques that promote productive interrogation. The November SOP also stated that the BSCT "does not conduct medical evaluation or treatment of detainees and does not participate in determining medical treatment protocols for detainees." While the Committee does not know whether the SOP was ever approved, it comports with what BSCT members told the Committee about their activities. JTF GTMO-BSCT Memorandum for Record, BSCT Standard Operating Procedures (November 11, 2002); Committee staff interview of [delete] (September 12, 2007); Committee staff interview of Paul Burney (August 21, 2007).
278. Written statement of MAJ Paul Burney (August 21, 2007).
279. Committee staff interview of [delete] (September 12, 2007).
280. Committee staff interview of LTC Morgan Banks (July 2, 2007).
281. Ibid.
282. Email from LTC Morgan Banks to MAJ Paul Burney (July 15, 2002).
283. Committee staff interview of [Delete] (September 12, 2007); Committee staff interview of MAJ Paul Burney (August 21, 2007).
284. Army IG, Interview of LTC Jerald Phifer (March 16, 2006) at 8; Army IG, Interview of MAJ Paul Burney (April 28, 2006) at 14.
285. SASC Hearing (June 17, 2008).
286. Written statement of MAJ Paul Burney (August 21, 2007) at 4.
287. Committee staff interview of [delete] (September 12, 2007); Committee staff interview of MAJ Paul Burney (August 21, 2007).
288. Committee staff interview of Christopher Wirts (January 4, 2008).
289. Committee staff interview of LTC Morgan Banks (July 2, 2007).
290. Army IG, Interview of MAJ Paul Burney (April 28, 2006) at 6; Committee staff interview of [delete] (September 12, 2007).
291. Army IG, Interview of MAJ Paul Burney (April 28, 2006) at 6.
292. The ICE Chief told the Committee that interrogators identified only "a couple of nebulous links." Committee staff interview of David Becker (September 17, 2007).
293. Committee staff interview of LTC Jerald Phifer (June 27, 2007); Committee staff interview of [delete] (September 12, 2007).
294. Committee staff interview of David Becker (September 17, 2007).
295. [delete] JTF-170 J2 Interrogation Section Standard Operating Procedures (August 20, 2002) (emphasis in original) (Detainees being interrogated will "remain seated and secured to the floor. DETAINEES WILL NOT BE PLACED IN STRESS POSITIONS"); see also Committee staff interview of David Becker (September 17, 2007).
296. Committee staff interview of MG Michael Dunlavey (November 30, 2007).
297. Committee staff interview of David Becker (September 17, 2007).
298. Ibid.
299. Committee staff interview of MG Michael Dunlavey (November 30, 2007).
300. [Delete] COL John Custer, [delete] CJCS External Review of Guantanamo Bay Intelligence Operations (U) (September 2002) (hereinafter "Custer Report"); see also Briefing Slides, GTMO Review: Joint Staff External Review of Intelligence Operations at Guantanamo Bay. Cuba (September 10, 2002).
301. Custer's team included subject matter experts from Fort Huachuca, the Joint Staff, and Office of the Secretary of Defense.
302. With respect to personnel, Custer cited a dearth of linguists, noted a lack of cultural training among interrogators, and called the entire mission "woefully undermanned." Custer Report at 2.
303. Ibid. at 11.
304. Ibid. at 12.
305. Ibid. 11-12.
306. Ibid. at 2.
307. Committee staff interviews of MAJ Sam McCahon (June 15, 2007); COL Britt Mallow (May 7, 2007); Timothy James (May 18, 2007).
308. Responses of COL Britt Mallow to questionnaire of Senator Carl Levin (September 15, 2006). Two other witnesses also told the Committee that the term "Battle Lab" was used by Major General Dunlavey to describe GTMO operations. Committee staff interview of LTC Jerald Phifer (June 27, 2007); Committee staff interview of Tim James (May 18, 2007).
309. Responses of Mark Fallon to questionnaire of Senator Carl Levin (November 15, 2006).
310. Ibid.
311. Committee staff interview of MG Michael Dunlavey (November 30, 2007).
312. Committee staff interview of MG Geoffrey Miller (December 5, 2007).
313. Memo from Joseph Witsch to Col Randy Moulton, Col John Atkins, Lt Col Baumgartner and Christopher Wirts, [Delete] USASOC Requirement to Provide Exploitation Instruction in Support of Operation Enduring Freedom (OEF) (September 24, 2002) (hereinafter "USASOC Requirement to Provide Exploitation Instruction (September 24, 2002)").
314. JPRA to USCINCSOC, Request JPRA Support, DTG: 052135ZSEP02 (September 5, 2002).
315. [Delete] Memo from Joseph Witsch to Col Randy Moulton and Christopher Wirts, Exploitation Training for [delete] [delete] Officers (July 16, 2002); Committee staff interview of Dr. Gary-Percival (July 25, 2007).
316. Testimony of Terrence Russell (August 3, 2007) at 79.
317. Email from Christopher Wirts to JPRA Staff (August 8, 2002).
318. Testimony of Joseph Witsch (September 4, 2007) at 14; Testimony of Terrence Russell (August 3, 2007) at 25.
319. Memorandum from Joseph Witsch to JPRNCC, JPRNCD, JPRNCOS, JPRNOSO, Plan of Instruction (POI) for USASOC Training Support (U) (August 28, 2002).
320. [Delete] Joint Personnel Recovery Agency, Exploitation of Captive, presentation to GTMO personnel at Fort Bragg (September 2002) (hereinafter "JPRA, Exploitation of Captive").
321. Ibid. at 4.
322. Compare JPRA, Exploitation of Captive with JPRA, Exploitation Draft Plan.
323. JPRA, Exploitation of Captive.
324. Hearing to Receive Information Relating To The Treatment of Detainees, Senate Committee on Armed Services, 110th Cong. (September 6, 2007) (Testimony of Joseph Witsch) at 12, 34 (hereinafter "Testimony of Joseph Witsch (September 6, 2007)").
325. JPRA, Exploitation of Captive.
326. Testimony of Joseph Witsch (September 6, 2007) at 16.
327. JPRA, Exploitation of Captive.
328. Testimony of Joseph Witsch (September 6, 2007) at 18.
329. Ibid. at 25.
330. JPRA, Counter Measures to Defeat al-Qa'ida Resistance, presentation to GTMO personnel at Fort Bragg (September 2002) (hereinafter "JPRA, Counter Measures to Defeat al-Qa'ida Resistance").
331. Testimony of Joseph Witsch (September 6, 2007) at 26.
332. Ibid. at 27.
333. JPRA, Counter Measures to Defeat al-Qa'ida Resistance.
334. Testimony of Joseph Witsch (September 6, 2007) at 30.
335. Army IG, Interview of MAJ Paul Burney (April 28, 2006) at 14.
336. Committee staff interview of GTMO Interrogator (November 6, 2007).
337. Testimony of Joseph Witsch (September 4, 2007) at 92.
338. Committee staff interview of MAJ Paul Burney (August 21, 2007).
339 Committee staff interview of (September 12, 2007).
340. Committee staff interview of GTMO Interrogator (November 6, 2007).
341. Ibid.
342. LTC Banks added that he was not present for all of the training sessions. Committee staff interview of LTC Morgan Banks (June 15, 2007); Testimony of Terrence Russell (August 3,2007) at 79; Testimony of Joseph Witsch (September 4, 2007) at 99.
343. Committee staff interview of LTC Morgan Banks (June 15, 2007).
344. Army IG, Interview of MAJ Paul Burney (April 28, 2006) at 8.
345. Written statement of MAJ Paul Burney (August 21, 2007).
346. Memo from Joseph Witsch to Col Moulton, Col Atkins, Lt Col Baumgartner, Mr. Wirts, U.S. Army Special Operations Command (USASOC), Requirement to Provide Exploitation Instruction (September 24, 2002).
347. Ibid.
348. Ibid.
349. Ibid.
350. Ibid.
351. [Delete] Memo from Joseph Witsch to Christopher Wirts, (U) Concerns with JPRA Involvement in Operation Enduring Freedom Exploitation o/Detained Unlawful Combatants (October 1, 2002).
352. Ibid.
353. JTF-GTMO Distinguished Visitors Roster (September 27, 2002). Col Terrence Farrell, Trip Report - DoD General Counsel Visit to GTMO (September 27, 2002). While the September 27, 2002 trip report states that the visit occurred on September 25th, Jack Goldsmith, another senior official on the trip, recounts that the visit took place on September 26, 2002. Goldsmith notes that Patrick Philbin. then-Chertoff Chief of Staff Alice Fisher, and "several Pentagon lawyers" also went on the trip. The Terror Presidency at 99-100.
354. Col. Terrence Farrell, Trip Report - DoD General Counsel Visit to GTMO (September 27,2002).
355. Ibid.
356. Ibid.
357. Committee staff interview of MG Michael Dunlavey (November 30, 2007).
358. Committee staff interview of William J. Haynes II (April 25, 2008) at 139-42.
359. Committee staff interview of LTC Diane Beaver (November 9, 2007).
360. Committee staff interview of LTC Jerald Phifer (June 27, 2007).
361. Written statement of MN Paul Burney (August 21, 2007).
362. Ibid.
363. Army IG, Interview of MAJ Paul Burney (April 28, 2006) at 11.
364. Ibid.
365. Committee staff interview of MN Paul Burney (August 21, 2007). However, in testimony to the Army IG, MAJ Burney said he did not know whether the memo incorporated tactics from the Fort Bragg training. Army IG, Interview of MAJ Paul Burney (April 28, 2006) at 11.
366. Committee staff interview of [delete] (September 12, 2007).
367. [Delete] MAJ Paul Burney and [delete] Memorandum for Record, Counter-resistance Strategies (October 2, 2002) at 1 (hereinafter "BSCT, Counter-resistance Strategies").
368. Ibid. at 2.
369. Ibid.
370. Ibid.
371. Ibid.
312. Ibid.
373. Ibid. at 2-3. There is evidence that stress positions were used at GTMO prior to the BSCT memo. Lt. Col. Ronald Buikema, who served at Guantanamo from January 2001 until June 2001 as the JTF-170 J2 and Commanding Officer of the Joint Interagency Interrogation Facility (JIIF) indicated in his response to a Navy IG questionnaire that stress positions were used in some interrogations at GTMO. Email from Lt. Col. Ron Buikema to Victoria Gnibus (July 21, 2004).
374. BSCT, Counter-resistance Strategies at 3 (emphasis in original).
375. Ibid.
376. Ibid. at 4.
377. Ibid. at 4-5.
378. Committee staff interview of MAJ Paul Burney (August 21, 2007); Committee staff interview of [delete] (September 13, 2007).
379. BSCT, Counter-resistance Strategies at 6.
380. Email from LTC Morgan Banks to MAJ Paul Burney and [delete] (October 2, 2002).
381. Ibid.
382. Counter Resistance Strategy Meeting Minutes at 2. The meeting minutes stated that questions and comments from the meeting were paraphrased.
383. Committee staff interview of William J. Haynes II (April 25, 2008) at 145-47.
384. SASC Hearing (June 17, 2008); Counter Resistance Strategy Meeting Minutes at 3.
385. Counter Resistance Strategy Meeting Minutes at 3.
386. Ibid.
387. Ibid.
388. Ibid.
389. Ibid. at 2.
390. Ibid
391. Ibid. at 3. It is unclear how and when JTF-170 personnel became aware of the use of sleep deprivation at Bagram, though LTC Beaver told the Committee that she had seen a version of a standard operating procedure for interrogations in use at Bagram on a classified DoD internet system.
392. Ibid.
393. Ibid. at 5.
394. Ibid. at 3.
395. Ibid.
396. Ibid.
397. According to the meeting minutes, the CIA lawyer added "The Torture Convention prohibits torture and cruel, inhumane and degrading treatment. The US did not sign up to the second part, because of the 8th amendment ... That gives us more license to use more controversial techniques." Ibid.
398. Ibid. at 5.
399. Ibid. at 3.
400. Ibid.
401. Ibid.
402. SASC Hearing (June 17, 2008); BSCT, Counter-resistance Strategies at 4.
403. 11 CounterResistance Strategy Meeting Minutes at 4. LTC Beaver said that she had learned about the wet towel technique from a Navy doctor who had been assigned to the Hospital at Guantanamo and who described to her its use at the Navy SERE school. It is unclear, however, to whom LTC Beaver is referring. The Committee interviewed a Navy Lieutenant Commander who was deployed to GTMO and who had previously worked at the Navy SERE school at the Naval Air Station in Brunswick, Maine. The Lieutenant Commander told the Committee that he discussed with JTF-GTMO staff physical pressures used to teach students at SERE school how to resist interrogations. However, the Lieutenant Commander was not deployed to GTMO until November 2002. Committee staff interview of LTC Diane Beaver (October 11, 2007); see Committee staff interview of (August 22, 2007); Travel voucher.
404. Counter Resistance Strategy Meeting Minutes at 4.
405. Ibid.
406. Ibid.
407. Ibid. at 3.
408. Email from Mark Fallon to MAJ Sam McCahon et al. (October 28, 2002).
409. [Delete] LTG Joseph Inge, DEPSECDEF Inquiry Regarding Location of Interrogation Plan for ISN 063 (August 24, 2006) at 5 (hereinafter "Inge Report'').
410. Email from MAJ Paul Burney to LTC Morgan Banks (October 4, 2002).
411. Ibid.
412. Email from LTC Morgan Banks to MAJ Paul Burney (October 4, 2002).
413. Memo from COL John Hadis (JTF-GTMO Chief of Staff to SOUTHCOM Chief of Staff (March 14, 2005), attached as Tab 1 to Inge Report (August 24, 2006).
414. Khatani was identified as a possible twentieth highjacker after it was determined that he had tried to enter the U.S. in August 2001 but was detained at the Orlando, Florida airport and later deported. When Khatani arrived at the Orlando airport. Mohammed .Atta was waiting. JTF-GTMO, Analyst Support Summary (March 18, 2003), attached as Tab 22 to Inge Report (August 24, 2006).
415. Inge Report at 5.
416. Memo from COL John Redis (JTF-GTMO Chief of Staff to SOUTHCOM Chief of Staff (March 14, 2005), attached as Tab 1 to Inge Report (August 24, 2006); Inge Report at 5.
417. Memo from J. K. Sieber (CITF SAC) to CITF Deputy Commander, CITF Operations Officer, CITF SJA, DOD Interrogation Techniques Issue (September 23, 2002).
418. Committee staff interview of David Becker (September 17, 2007).
419. The memo was provided to the Committee as an appendix to the AR-15-6 Report completed by Lieutenant General Randall Schmidt and Brigadier General John T. Furlow into FBI allegations of abuse at Guantanamo Bay (hereinafter "Schmidt-Furlow Report''). The memo is unsigned but contains a handwritten notation "////signed on 1 Oct 02////." Committee staff requested the Department of Defense provide a signed copy or advise the Committee of any reason why the Committee should not rely on the document. The Department provided neither.
420. Memo from MG Michael Dunlavey to JTF-160 Commander, Interrogation Plan for ISN 063 (October 1, 2002), attached as exhibit 40 to Schmidt-Furlow Report.
421. Ibid.
422. Ibid.
423. Ibid.
424. Ibid.
425. Ibid.; Committee staff interview of LTC Diane Beaver (October 11, 2007); see also Memo from J. K. Sieber (CITF SAC) to CITF Deputy Commander, CITF Operations Officer, CITF SJA, DOD Interrogation Techniques Issue (September 23, 2002) ("the JTF 170 SJA had not been briefed on the plan prior to her contact with the FBI SSA. When she learned of the plan, she sought guidance from up her chain of command and also sought guidance from DOD legal and other intelligence agencies. She wants to ensure that even if these techniques are not legally objectionable, her chain of command is aware that these types of techniques are being utilized and that the personnel on the ground are properly trained to conduct these techniques.")
426. Committee staff interview of MG Michael Dunlavey (November 30, 2007).
427. Summarized witness statement of David Becker (March 3, 2005), exhibit 21 to Schmidt-Furlow Report; summarized witness statement of ENS Mary Travers (February 23, 2005), exhibit 33 to Schmidt-Furlow Report; summarized witness statement of Agent Robert Morton (January 20, 2005), exhibit 36 to Schmidt-Furlow Report; summarized witness statement of Agent Charles Dorsey (January 20, 2005), exhibit 41 to Schmidt-Furlow Report. 428. Summarized witness statement of Agent Charles Dorsey (January 20, 2005), exhibit 41 to Schmidt-Furlow Report.
429. Army IG, Interview of David Becker (September 20, 2005) at 30.
430. Committee staff interview of David Becker (September 17, 2007).
431. Army IG, Interview of LTC Jerald Phifer (March 16, 2006) at 13.
432. Responses of LTC Jerald Phifer to questionnaire of VADM Church (July 16, 2004). It is not clear from those written answers whether LTC Phifer was referring to the use of dogs in JTF-170's October 2002 interrogation of Khatani or in the subsequent interrogation of Khatani that began in late November.
433. Committee staff interview of Major General Michael Dunlavey (November 30, 2007).
434. Email from FBI Special Agent to FBI Special Agent (October 8, 2002).
435. Committee staff interview of David Becker (September 17, 2007).
436. Email from FBI Special Agent to FBI Special Agent (October 8, 2002).
Notes:
271. Ibid.
272. Memo from JPRA/CC (Col Randy Moulton) to JPRA J3/J7/PRA, [delete] Support to [delete] / Project 22B (August 13, 2002) at 1.
273. Ibid.
274. Committee staff interview of MAJ Paul Burney (August 21, 2007); Committee staff interview of [delete] (September 12, 2007).
275. Written statement of MAJ Paul Burney (August 21, 2007).
276. Committee staff interview of MG Michael Dunlavey (November 30, 2007).
277. [Delete] A standard operating procedure was drafted in November 2002, several months after the BSCT was established. It described BSCT tasks including: consulting on interrogation approach techniques, conducting detainee file reviews to construct personality profiles and provide recommendations for interrogation strategies; observing interrogations and providing feedback to interrogators on detainee behavior, flow of the interrogation process, translator and cultural issues and possible strategies for further interrogation; and providing consultation/training on specific behavioral science interviewing and observational techniques that promote productive interrogation. The November SOP also stated that the BSCT "does not conduct medical evaluation or treatment of detainees and does not participate in determining medical treatment protocols for detainees." While the Committee does not know whether the SOP was ever approved, it comports with what BSCT members told the Committee about their activities. JTF GTMO-BSCT Memorandum for Record, BSCT Standard Operating Procedures (November 11, 2002); Committee staff interview of [delete] (September 12, 2007); Committee staff interview of Paul Burney (August 21, 2007).
278. Written statement of MAJ Paul Burney (August 21, 2007).
279. Committee staff interview of [delete] (September 12, 2007).
280. Committee staff interview of LTC Morgan Banks (July 2, 2007).
281. Ibid.
282. Email from LTC Morgan Banks to MAJ Paul Burney (July 15, 2002).
283. Committee staff interview of [Delete] (September 12, 2007); Committee staff interview of MAJ Paul Burney (August 21, 2007).
284. Army IG, Interview of LTC Jerald Phifer (March 16, 2006) at 8; Army IG, Interview of MAJ Paul Burney (April 28, 2006) at 14.
285. SASC Hearing (June 17, 2008).
286. Written statement of MAJ Paul Burney (August 21, 2007) at 4.
287. Committee staff interview of [delete] (September 12, 2007); Committee staff interview of MAJ Paul Burney (August 21, 2007).
288. Committee staff interview of Christopher Wirts (January 4, 2008).
289. Committee staff interview of LTC Morgan Banks (July 2, 2007).
290. Army IG, Interview of MAJ Paul Burney (April 28, 2006) at 6; Committee staff interview of [delete] (September 12, 2007).
291. Army IG, Interview of MAJ Paul Burney (April 28, 2006) at 6.
292. The ICE Chief told the Committee that interrogators identified only "a couple of nebulous links." Committee staff interview of David Becker (September 17, 2007).
293. Committee staff interview of LTC Jerald Phifer (June 27, 2007); Committee staff interview of [delete] (September 12, 2007).
294. Committee staff interview of David Becker (September 17, 2007).
295. [delete] JTF-170 J2 Interrogation Section Standard Operating Procedures (August 20, 2002) (emphasis in original) (Detainees being interrogated will "remain seated and secured to the floor. DETAINEES WILL NOT BE PLACED IN STRESS POSITIONS"); see also Committee staff interview of David Becker (September 17, 2007).
296. Committee staff interview of MG Michael Dunlavey (November 30, 2007).
297. Committee staff interview of David Becker (September 17, 2007).
298. Ibid.
299. Committee staff interview of MG Michael Dunlavey (November 30, 2007).
300. [Delete] COL John Custer, [delete] CJCS External Review of Guantanamo Bay Intelligence Operations (U) (September 2002) (hereinafter "Custer Report"); see also Briefing Slides, GTMO Review: Joint Staff External Review of Intelligence Operations at Guantanamo Bay. Cuba (September 10, 2002).
301. Custer's team included subject matter experts from Fort Huachuca, the Joint Staff, and Office of the Secretary of Defense.
302. With respect to personnel, Custer cited a dearth of linguists, noted a lack of cultural training among interrogators, and called the entire mission "woefully undermanned." Custer Report at 2.
303. Ibid. at 11.
304. Ibid. at 12.
305. Ibid. 11-12.
306. Ibid. at 2.
307. Committee staff interviews of MAJ Sam McCahon (June 15, 2007); COL Britt Mallow (May 7, 2007); Timothy James (May 18, 2007).
308. Responses of COL Britt Mallow to questionnaire of Senator Carl Levin (September 15, 2006). Two other witnesses also told the Committee that the term "Battle Lab" was used by Major General Dunlavey to describe GTMO operations. Committee staff interview of LTC Jerald Phifer (June 27, 2007); Committee staff interview of Tim James (May 18, 2007).
309. Responses of Mark Fallon to questionnaire of Senator Carl Levin (November 15, 2006).
310. Ibid.
311. Committee staff interview of MG Michael Dunlavey (November 30, 2007).
312. Committee staff interview of MG Geoffrey Miller (December 5, 2007).
313. Memo from Joseph Witsch to Col Randy Moulton, Col John Atkins, Lt Col Baumgartner and Christopher Wirts, [Delete] USASOC Requirement to Provide Exploitation Instruction in Support of Operation Enduring Freedom (OEF) (September 24, 2002) (hereinafter "USASOC Requirement to Provide Exploitation Instruction (September 24, 2002)").
314. JPRA to USCINCSOC, Request JPRA Support, DTG: 052135ZSEP02 (September 5, 2002).
315. [Delete] Memo from Joseph Witsch to Col Randy Moulton and Christopher Wirts, Exploitation Training for [delete] [delete] Officers (July 16, 2002); Committee staff interview of Dr. Gary-Percival (July 25, 2007).
316. Testimony of Terrence Russell (August 3, 2007) at 79.
317. Email from Christopher Wirts to JPRA Staff (August 8, 2002).
318. Testimony of Joseph Witsch (September 4, 2007) at 14; Testimony of Terrence Russell (August 3, 2007) at 25.
319. Memorandum from Joseph Witsch to JPRNCC, JPRNCD, JPRNCOS, JPRNOSO, Plan of Instruction (POI) for USASOC Training Support (U) (August 28, 2002).
320. [Delete] Joint Personnel Recovery Agency, Exploitation of Captive, presentation to GTMO personnel at Fort Bragg (September 2002) (hereinafter "JPRA, Exploitation of Captive").
321. Ibid. at 4.
322. Compare JPRA, Exploitation of Captive with JPRA, Exploitation Draft Plan.
323. JPRA, Exploitation of Captive.
324. Hearing to Receive Information Relating To The Treatment of Detainees, Senate Committee on Armed Services, 110th Cong. (September 6, 2007) (Testimony of Joseph Witsch) at 12, 34 (hereinafter "Testimony of Joseph Witsch (September 6, 2007)").
325. JPRA, Exploitation of Captive.
326. Testimony of Joseph Witsch (September 6, 2007) at 16.
327. JPRA, Exploitation of Captive.
328. Testimony of Joseph Witsch (September 6, 2007) at 18.
329. Ibid. at 25.
330. JPRA, Counter Measures to Defeat al-Qa'ida Resistance, presentation to GTMO personnel at Fort Bragg (September 2002) (hereinafter "JPRA, Counter Measures to Defeat al-Qa'ida Resistance").
331. Testimony of Joseph Witsch (September 6, 2007) at 26.
332. Ibid. at 27.
333. JPRA, Counter Measures to Defeat al-Qa'ida Resistance.
334. Testimony of Joseph Witsch (September 6, 2007) at 30.
335. Army IG, Interview of MAJ Paul Burney (April 28, 2006) at 14.
336. Committee staff interview of GTMO Interrogator (November 6, 2007).
337. Testimony of Joseph Witsch (September 4, 2007) at 92.
338. Committee staff interview of MAJ Paul Burney (August 21, 2007).
339 Committee staff interview of (September 12, 2007).
340. Committee staff interview of GTMO Interrogator (November 6, 2007).
341. Ibid.
342. LTC Banks added that he was not present for all of the training sessions. Committee staff interview of LTC Morgan Banks (June 15, 2007); Testimony of Terrence Russell (August 3,2007) at 79; Testimony of Joseph Witsch (September 4, 2007) at 99.
343. Committee staff interview of LTC Morgan Banks (June 15, 2007).
344. Army IG, Interview of MAJ Paul Burney (April 28, 2006) at 8.
345. Written statement of MAJ Paul Burney (August 21, 2007).
346. Memo from Joseph Witsch to Col Moulton, Col Atkins, Lt Col Baumgartner, Mr. Wirts, U.S. Army Special Operations Command (USASOC), Requirement to Provide Exploitation Instruction (September 24, 2002).
347. Ibid.
348. Ibid.
349. Ibid.
350. Ibid.
351. [Delete] Memo from Joseph Witsch to Christopher Wirts, (U) Concerns with JPRA Involvement in Operation Enduring Freedom Exploitation o/Detained Unlawful Combatants (October 1, 2002).
352. Ibid.
353. JTF-GTMO Distinguished Visitors Roster (September 27, 2002). Col Terrence Farrell, Trip Report - DoD General Counsel Visit to GTMO (September 27, 2002). While the September 27, 2002 trip report states that the visit occurred on September 25th, Jack Goldsmith, another senior official on the trip, recounts that the visit took place on September 26, 2002. Goldsmith notes that Patrick Philbin. then-Chertoff Chief of Staff Alice Fisher, and "several Pentagon lawyers" also went on the trip. The Terror Presidency at 99-100.
354. Col. Terrence Farrell, Trip Report - DoD General Counsel Visit to GTMO (September 27,2002).
355. Ibid.
356. Ibid.
357. Committee staff interview of MG Michael Dunlavey (November 30, 2007).
358. Committee staff interview of William J. Haynes II (April 25, 2008) at 139-42.
359. Committee staff interview of LTC Diane Beaver (November 9, 2007).
360. Committee staff interview of LTC Jerald Phifer (June 27, 2007).
361. Written statement of MN Paul Burney (August 21, 2007).
362. Ibid.
363. Army IG, Interview of MAJ Paul Burney (April 28, 2006) at 11.
364. Ibid.
365. Committee staff interview of MN Paul Burney (August 21, 2007). However, in testimony to the Army IG, MAJ Burney said he did not know whether the memo incorporated tactics from the Fort Bragg training. Army IG, Interview of MAJ Paul Burney (April 28, 2006) at 11.
366. Committee staff interview of [delete] (September 12, 2007).
367. [Delete] MAJ Paul Burney and [delete] Memorandum for Record, Counter-resistance Strategies (October 2, 2002) at 1 (hereinafter "BSCT, Counter-resistance Strategies").
368. Ibid. at 2.
369. Ibid.
370. Ibid.
371. Ibid.
312. Ibid.
373. Ibid. at 2-3. There is evidence that stress positions were used at GTMO prior to the BSCT memo. Lt. Col. Ronald Buikema, who served at Guantanamo from January 2001 until June 2001 as the JTF-170 J2 and Commanding Officer of the Joint Interagency Interrogation Facility (JIIF) indicated in his response to a Navy IG questionnaire that stress positions were used in some interrogations at GTMO. Email from Lt. Col. Ron Buikema to Victoria Gnibus (July 21, 2004).
374. BSCT, Counter-resistance Strategies at 3 (emphasis in original).
375. Ibid.
376. Ibid. at 4.
377. Ibid. at 4-5.
378. Committee staff interview of MAJ Paul Burney (August 21, 2007); Committee staff interview of [delete] (September 13, 2007).
379. BSCT, Counter-resistance Strategies at 6.
380. Email from LTC Morgan Banks to MAJ Paul Burney and [delete] (October 2, 2002).
381. Ibid.
382. Counter Resistance Strategy Meeting Minutes at 2. The meeting minutes stated that questions and comments from the meeting were paraphrased.
383. Committee staff interview of William J. Haynes II (April 25, 2008) at 145-47.
384. SASC Hearing (June 17, 2008); Counter Resistance Strategy Meeting Minutes at 3.
385. Counter Resistance Strategy Meeting Minutes at 3.
386. Ibid.
387. Ibid.
388. Ibid.
389. Ibid. at 2.
390. Ibid
391. Ibid. at 3. It is unclear how and when JTF-170 personnel became aware of the use of sleep deprivation at Bagram, though LTC Beaver told the Committee that she had seen a version of a standard operating procedure for interrogations in use at Bagram on a classified DoD internet system.
392. Ibid.
393. Ibid. at 5.
394. Ibid. at 3.
395. Ibid.
396. Ibid.
397. According to the meeting minutes, the CIA lawyer added "The Torture Convention prohibits torture and cruel, inhumane and degrading treatment. The US did not sign up to the second part, because of the 8th amendment ... That gives us more license to use more controversial techniques." Ibid.
398. Ibid. at 5.
399. Ibid. at 3.
400. Ibid.
401. Ibid.
402. SASC Hearing (June 17, 2008); BSCT, Counter-resistance Strategies at 4.
403. 11 CounterResistance Strategy Meeting Minutes at 4. LTC Beaver said that she had learned about the wet towel technique from a Navy doctor who had been assigned to the Hospital at Guantanamo and who described to her its use at the Navy SERE school. It is unclear, however, to whom LTC Beaver is referring. The Committee interviewed a Navy Lieutenant Commander who was deployed to GTMO and who had previously worked at the Navy SERE school at the Naval Air Station in Brunswick, Maine. The Lieutenant Commander told the Committee that he discussed with JTF-GTMO staff physical pressures used to teach students at SERE school how to resist interrogations. However, the Lieutenant Commander was not deployed to GTMO until November 2002. Committee staff interview of LTC Diane Beaver (October 11, 2007); see Committee staff interview of (August 22, 2007); Travel voucher.
404. Counter Resistance Strategy Meeting Minutes at 4.
405. Ibid.
406. Ibid.
407. Ibid. at 3.
408. Email from Mark Fallon to MAJ Sam McCahon et al. (October 28, 2002).
409. [Delete] LTG Joseph Inge, DEPSECDEF Inquiry Regarding Location of Interrogation Plan for ISN 063 (August 24, 2006) at 5 (hereinafter "Inge Report'').
410. Email from MAJ Paul Burney to LTC Morgan Banks (October 4, 2002).
411. Ibid.
412. Email from LTC Morgan Banks to MAJ Paul Burney (October 4, 2002).
413. Memo from COL John Hadis (JTF-GTMO Chief of Staff to SOUTHCOM Chief of Staff (March 14, 2005), attached as Tab 1 to Inge Report (August 24, 2006).
414. Khatani was identified as a possible twentieth highjacker after it was determined that he had tried to enter the U.S. in August 2001 but was detained at the Orlando, Florida airport and later deported. When Khatani arrived at the Orlando airport. Mohammed .Atta was waiting. JTF-GTMO, Analyst Support Summary (March 18, 2003), attached as Tab 22 to Inge Report (August 24, 2006).
415. Inge Report at 5.
416. Memo from COL John Redis (JTF-GTMO Chief of Staff to SOUTHCOM Chief of Staff (March 14, 2005), attached as Tab 1 to Inge Report (August 24, 2006); Inge Report at 5.
417. Memo from J. K. Sieber (CITF SAC) to CITF Deputy Commander, CITF Operations Officer, CITF SJA, DOD Interrogation Techniques Issue (September 23, 2002).
418. Committee staff interview of David Becker (September 17, 2007).
419. The memo was provided to the Committee as an appendix to the AR-15-6 Report completed by Lieutenant General Randall Schmidt and Brigadier General John T. Furlow into FBI allegations of abuse at Guantanamo Bay (hereinafter "Schmidt-Furlow Report''). The memo is unsigned but contains a handwritten notation "////signed on 1 Oct 02////." Committee staff requested the Department of Defense provide a signed copy or advise the Committee of any reason why the Committee should not rely on the document. The Department provided neither.
420. Memo from MG Michael Dunlavey to JTF-160 Commander, Interrogation Plan for ISN 063 (October 1, 2002), attached as exhibit 40 to Schmidt-Furlow Report.
421. Ibid.
422. Ibid.
423. Ibid.
424. Ibid.
425. Ibid.; Committee staff interview of LTC Diane Beaver (October 11, 2007); see also Memo from J. K. Sieber (CITF SAC) to CITF Deputy Commander, CITF Operations Officer, CITF SJA, DOD Interrogation Techniques Issue (September 23, 2002) ("the JTF 170 SJA had not been briefed on the plan prior to her contact with the FBI SSA. When she learned of the plan, she sought guidance from up her chain of command and also sought guidance from DOD legal and other intelligence agencies. She wants to ensure that even if these techniques are not legally objectionable, her chain of command is aware that these types of techniques are being utilized and that the personnel on the ground are properly trained to conduct these techniques.")
426. Committee staff interview of MG Michael Dunlavey (November 30, 2007).
427. Summarized witness statement of David Becker (March 3, 2005), exhibit 21 to Schmidt-Furlow Report; summarized witness statement of ENS Mary Travers (February 23, 2005), exhibit 33 to Schmidt-Furlow Report; summarized witness statement of Agent Robert Morton (January 20, 2005), exhibit 36 to Schmidt-Furlow Report; summarized witness statement of Agent Charles Dorsey (January 20, 2005), exhibit 41 to Schmidt-Furlow Report. 428. Summarized witness statement of Agent Charles Dorsey (January 20, 2005), exhibit 41 to Schmidt-Furlow Report.
429. Army IG, Interview of David Becker (September 20, 2005) at 30.
430. Committee staff interview of David Becker (September 17, 2007).
431. Army IG, Interview of LTC Jerald Phifer (March 16, 2006) at 13.
432. Responses of LTC Jerald Phifer to questionnaire of VADM Church (July 16, 2004). It is not clear from those written answers whether LTC Phifer was referring to the use of dogs in JTF-170's October 2002 interrogation of Khatani or in the subsequent interrogation of Khatani that began in late November.
433. Committee staff interview of Major General Michael Dunlavey (November 30, 2007).
434. Email from FBI Special Agent to FBI Special Agent (October 8, 2002).
435. Committee staff interview of David Becker (September 17, 2007).
436. Email from FBI Special Agent to FBI Special Agent (October 8, 2002).