Some congressional leaders are reportedly briefed on the CIA’s detainee interrogation program, but what is actually said will later be disputed. The briefing is described as “a virtual tour of the CIA’s overseas detention sites and the harsh techniques interrogators had devised to try to make their prisoners talk,” and apparently mentions waterboarding and information gleaned from detainees, according to two unnamed officials who are present and will later talk to the Washington Post.
Few, if Any, Objections Raised – Due to the feeling of “panic” following 9/11, the legislators’ attitude is described as, “We don’t care what you do to those guys as long as you get the information you need to protect the American people,” and two even ask if the methods are “tough enough.” The briefing, apparently one of the first of a series of around 30 private briefings on the CIA’s interrogation program, is for the “Gang of Eight,” the four top congressional leaders and the senior member from each party on the House and Senate intelligence committees. However, the methods used are only described in some of the briefings, and some of the meetings are just for the “gang of four”—intelligence committee members only. The groups are said to be so small because they concern highly secret covert activities, although it will later be suggested that the administration’s motivation is “partly to hide from view an embarrassing practice that the CIA considered vital but outsiders would almost certainly condemn as abhorrent.” One of the committee members present is Nancy Pelosi (D-CA), and other officials that receive such briefings are reported to include Jane Harman (D-CA), Bob Graham (D-FL), Jay Rockefeller (D-WV), Porter Goss (R-FL) and Pat Roberts (R-KS). Harman is said to be the only one to object at any point. The attendees’ recollections of the meeting will later vary greatly. Goss will say, “Among those being briefed, there was a pretty full understanding of what the CIA was doing… And the reaction in the room was not just approval, but encouragement,” although this may not be a reference to this specific meeting. Graham, who will leave the Senate Intelligence Committee in January 2003, will later say he has no memory of being told about waterboarding, “Personally, I was unaware of it, so I couldn’t object.” A “source familiar with Pelosi’s position” will say that she participates in a discussion of enhanced interrogation techniques, but understands they are at the planning stage at this time and are not in use. [Washington Post, 12/9/2007]
Restrictions on Information – Graham will later describe the limitations placed on legislators who receive such briefings: “In addition to the fact that the full members of the committee can’t hear what’s happening, those who are in the room are very restricted. You can’t take any notes. You can’t bring anyone with you and after the meeting, you cannot discuss what you’ve heard. So that if, for instance, there’s an issue about, is this legal under the Geneva Convention, you can’t go to someone who’s an expert on that subject and get their opinion. It’s a very limiting situation.” [CNN, 12/13/2007]
Secret Interrogations Already Underway – The CIA has been conducting aggressive interrogations since at least May 2002 (see Mid-May 2002 and After), but is has no firm legal basis to perform them until the Justice Department gives approval in August 2002 (see August 1, 2002). CIA Director George Tenet will later comment in a 2007 book, “After we received the written Department of Justice guidance on the interrogation issue, we briefed the chairmen and ranking members of our oversight committees. While they were not asked to formally approve the program as it was done under the President’s unilateral authorities, I can recall no objections being raised.” [MSNBC, 9/13/2007]
September 2002: Yemeni Government Official with 9/11 Foreknowledge Kidnapped in Egypt, Handed to CIA
Abdulsalam Ali Abdulrahman, a section chief in Yemen’s Political Security Organization, the Yemeni equivalent of the FBI, disappears in Cairo, Egypt, after going there on business. Abdulrahman, who appears to have had foreknowledge of 9/11 (see August 12, 2000), calls his family after arriving in Cairo, but is apparently kidnapped by Egyptian intelligence and handed over to the CIA. However, it is unclear whether the CIA takes him to Azerbaijan or Afghanistan. [Vidino, 2006, pp. 230; Grey, 2007, pp. 252] He will later be taken to Guantanamo (see September 20, 2004).
September 2002: US Assertions of Ties Between Iraq and Al-Qaeda Based on Single Guantanamo Prisoner
A US official with inside knowledge of the interrogations of detainees at the US prison at Guantanamo tells USA Today that the administration’s recent assertions that Iraq has trained al-Qaeda members are based on uncorroborated information from a single Guantanamo detainee. The source also notes that the detainees may be lying to US authorities to encourage a US invasion of Iraq in order to add support to the al-Qaeda argument “that the United States is the mortal enemy of Muslim countries.” [USA Today, 9/26/2002]
September 2002: CIA Completes ‘Iraqi Ties to Terrorism’ Report Based on Al-Libi Interrogation
The CIA completes a highly classified report on “Iraqi Ties to Terrorism,” summarizing claims that Iraq has provided “training in poisons and gases” to members of al-Qaeda. The report warns that evidence for the claim comes from “sources of varying reliability” and has not yet been substanitated. The main source behind this allegation, Ibn al-Shaykh al-Libi, who once operated bin Laden’s Khaldan training camp in Afghanistan and who is being held in custody by the CIA, will later recant the claim (see February 14, 2004). [New York Times, 7/31/2004; Newsweek, 7/5/2005]
Early September 2002: ’Stunningly Explicit and Specific’ CIA Warning Lists Bali Nighclubs as Targets
In the first half of September 2002, a secret report compiled by the CIA, State Department, FBI, NSA, and other US agencies lists six likely bomb targets in Indonesia, including two Bali nightclubs (the Sahid Bali Seaside Resort and the Hard Rock Hotel) that are just a short distance away from the two nightclubs that will ultimately be attacked one month later (see October 12, 2002). The CIA passes the report to its stations in Southeast Asia, alerting them to an imminent attack. The information is at least partially based on the interrogation of al-Qaeda operative Mohammed Mansour Jabarah, who revealed that al-Qaeda is planning an attack on nightclubs and restaurants in Southeast Asia, particularly in Bali (see August 21, 2002). [Guardian, 10/17/2002; Australian Broadcasting Corporation, 6/26/2003] On September 26, 2002, the US embassy in Indonesia issues a public warning that states, “Americans and Westerners should avoid large gatherings, and locations known to cater primarily to a Western clientele such as certain bars, restaurants and tourist areas.” However, the US State Department does not issue any travel warning for Indonesia, and other governments such as Australia do not issue any warnings. There also is no evidence that the owners of Bali nightclubs are given any warnings. [Sydney Morning Herald, 10/10/2003] A US intelligence source will later tell the Guardian, “The State Department didn’t act on [the early September warning] and it’s become a bubbling scandal.” The Guardian will say shortly after the October 2002 Bali bombings that the warning has “fueled a growing row” in the US, Britain, and Australia “over whether Indonesia could have acted sooner against Islamist militants or whether tourists could have been given more warning of the dangers of traveling to resorts like Bali.” [Guardian, 10/17/2002] The Sydney Morning Herald will conclude in 2003 that it is now “impossible for anyone to believe that Mohammed Mansour Jabarah’s interrogation did not result in the US learning of JI’s plan for a terrorist attack in Bali.” Deputy Secretary of State Richard Armitage will later call Jabarah’s warning “stunningly explicit and specific.” [Sydney Morning Herald, 10/10/2003]
Shortly After September 11, 2002: Ramzi Bin Al-Shibh Allegedly Not Waterboarded
In 2002 and 2003, many of the highest-ranking al-Qaeda detainees are subjected to waterboarding and other forms of interrogation generally considered to be torture (see May 2002-2003). However, Ramzi bin al-Shibh, captured in Pakistan in September 2002 and sent to a secret CIA prison (see September 11, 2002), is not waterboarded. NBC News will later claim that he agreed to talk with just the threat of waterboarding. “Bin al-Shibh was viewed as a weakling and a narcissist and the agency played heavily on that. He quickly became the most cooperative of those detained…” However, by the time bin al-Shbih is charged before a military tribunal in 2007, he once again is refusing to talk (see March 9-April 28, 2007). [MSNBC, 9/13/2007]
Tortured in Jordan Instead? – It is unknown what other interrogation techniques may have been used on him. In contradiction to the allegation that bin al-Shibh broke easily by the mere threat of torture, it will later be reported that in late 2002, he was secretly transferred to Jordanian custody for a time so he could be tortured by the Jordanian government (see Late 2002).
After September 11, 2002: KSM’s Children Said to Be Tortured
Khalid Shaikh Mohammed’s (KSM’s) children, who were captured in a September 2002 raid on a house KSM used (see September 11, 2002), are allegedly tortured following their capture. A statement that they are tortured is made in a submission to a Guantanamo Bay hearing to determine the status of a detainee called Majid Khan. The submission is made by Khan’s father, based on information from another of his sons. It reads: “The Pakistani guards told my son that the boys were kept in a separate area upstairs and were denied food and water by other guards. They were also mentally tortured by having ants or other creatures put on their legs to scare them and get them to say where their father was hiding.” [US department of Defense, 4/15/2007 
] Human Rights Watch, based on eyewitness accounts, says that KSM’s children are held in an adult detention center (see June 7, 2007), and KSM also says that his children are abused in US custody (see March 10-April 15, 2007). [US Department of Defense, 3/10/2007 ; Reuters, 6/7/2007]
September 16, 2002: US Allegedly Pressures Indonesia to Rendition Accused Spiritual Leader of Al-Qaeda-Linked Group
US officials hold a secret meeting with Indonesian President Megawati Sukarnoputri and strongly urge her to allow the US to rendition Abu Bakar Bashir out of the country. Bashir is a radical Islamist imam alleged to be the spiritual leader of Jemaah Islamiyah (JI), al-Qaeda’s main Southeast Asian affiliate. US ambassador to Indonesia Ralph Boyce, National Security Council official Karen Brooks, and a CIA official meet with Megawati at her home in Jakarta. The interpreter is an American named Fred Burks, who will later reveal details of the meeting during an Indonesian trial. Burks claims the CIA official tells Megawati that Bashir was responsible for a series of Christmas Eve bombings in Indonesia in 2000 and asks to rendition him. Megawati had allowed the US to rendition two suspects earlier in the year, Omar al-Faruq and Muhammad Saad Iqbal Madni (see June 5, 2002 and Early January-January 9, 2002).
But neither of them are Indonesian citizens, whereas Bashir is. Megawati rejects the request, saying Bashir is too popular to simply disappear without repercussions. (Megawati’s Vice President Hamzah Haz describes himself as “very close” to Bashir, and shortly after this meeting he says publicly, “If you want to arrest Abu Bakar Bashir, you will have to deal with me first” (see July 23, 2001-October 20, 2004).) Burks claims that Megawati says: “I can’t render somebody like him. People will find out.” Boyce will later claim that the US did press forcefully for Indonesia to arrest Bashir because the CIA had just learned from interrogating al-Faruq that Bashir was the head of a terrorist network that was about to attack Indonesia. However, he will deny the US wanted to rendition him. Boyce will later call the meeting the centerpiece of a month-long series of meetings with Indonesian officials in an attempt to prevent a terrorist attack in Indonesia. [BBC, 1/3/2005; Boston Globe, 3/2/2005] However, the Bali bombings take place one month later, killing over 200 (see October 12, 2002). In 2005, Bashir will be acquitted of charges that he was involved in any terrorist acts and set free after serving a year in prison on minor charges (see March 3, 2005).
September 18, 2002: 9/11 Congressional Inquiry Holds Public Hearing Amidst Protests about Lack of Government Cooperation
The 9/11 Congressional Inquiry holds its first public hearing. The inquiry was formed in February 2002, but suffered months of delays. The day’s testimony focuses on intelligence warnings that should have led the government to believe airplanes could be used as bombs. [US Congress, 9/18/2002] However, the Washington Post reports, “lawmakers from both parties… [protest] the Bush administration’s lack of cooperation in the congressional inquiry into September 11 intelligence failures and [threaten] to renew efforts to establish an independent commission.” Eleanor Hill, the joint committee’s staff director, testifies that, “According to [CIA Director Tenet], the president’s knowledge of intelligence information relevant to this inquiry remains classified even when the substance of that intelligence information has been declassified.” She adds that “the American public has a compelling interest in this information and that public disclosure would not harm national security.” [Washington Post, 9/19/2002] Furthermore, the committee believes that “a particular al-Qaeda leader may have been instrumental in the attacks” and US intelligence has known about this person since 1995. Tenet “has declined to declassify the information we developed [about this person] on the grounds that it could compromise intelligence sources and methods and that this consideration supersedes the American public’s interest in this particular area.” [US Congress, 9/18/2002] A few days later, the New York Times reveals this leader to be Khalid Shaikh Mohammed, the mastermind of the 9/11 attacks. [New York Times, 9/22/2002] An FBI spokesman says the FBI had offered “full cooperation” to the committee. A CIA official denies that the report is damning: “The committee acknowledges the hard work done by intelligence community, the successes it achieved…” [MSNBC, 9/18/2002]
September 25, 2002: Bush Says Al-Qaeda and Saddam Hussein Are Indistinguishable
During a White House meeting with Colombian President Alvaro Uribe, George Bush makes the claim that Saddam Hussein and Osama bin Laden work together. “They’re both risks, they’re both dangerous,” Bush tells reporters. “The danger is, is that they work in concert,” he says in response to a question from a Reuters reporter. “The difference, of course, is that al-Qaeda likes to hijack governments. Saddam Hussein is a dictator of a government. Al-Qaeda hides, Saddam doesn’t, but the danger is, is that they work in concert. The danger is, is that al-Qaeda becomes an extension of Saddam’s madness and his hatred and his capacity to extend weapons of mass destruction around the world. Both of them need to be dealt with. The war on terror, you can’t distinguish between al-Qaeda and Saddam when you talk about the war on terror. And so it’s a comparison that is – I can’t make because I can’t distinguish between the two, because they’re both equally as bad, and equally as evil, and equally as destructive.” [Knight Ridder, 9/25/2002; Washington Post, 9/26/2002; US President, 9/30/2002; Center for Public Integrity, 1/23/2008] Later in the day, Bush’s comments are downplayed by White House Press Secretary Ari Fleischer, who says that Bush did not mean bin Laden and Hussein are working together, but rather that there is the danger that they could work together. He explains: “Clearly, al-Qaeda is operating inside Iraq. In the shadowy world of terrorism, sometimes there is no precise way to have definitive information until it is too late.” [Washington Post, 9/26/2002; White House, 9/25/2003] Bush fails to mention that the Defense Intelligence Agency has found no evidence of any such connections (see July 2002), or that eight days before his statement, the director of the CIA, George Tenet, told a Senate committee that no such connections can be shown to exist (see September 17, 2002). [Center for Public Integrity, 1/23/2008]
