299–300: Some details of the analysis, preparation, and writing of the OLC memos on the CIA interrogation techniques from the OLC Report; the Rockefeller narrative; Jay S. Bybee, “Memorandum for John Rizzo, Acting General Counsel for the Central Intelligence Agency: Interrogation of al Qaeda Operative,” August 1, 2002; Steven G. Bradbury, “Memorandum for John Rizzo, Acting General Counsel for the Central Intelligence Agency: Re: Application of 18 U.S.C. §§2340-2340A to the Combined Use of Certain Techniques in the Interrogation of High Value al Qaeda Detainees,” May 10, 2005; an undated document in the White House Counsel’s Office headed “Summary of Advice on Interrogations: Advice to the Counsel for the President”; undated file folder, National Security Council Information, containing the undated memo “Proposed Enhanced Interrogation Techniques”; April 28, 2003, document with a fax cover sheet, but which was not sent by fax, from Yoo to Scott W. Muller, Office of the General Counsel with the CIA, “Legal Principles Applicable to CIA Detention and Interrogation of Captured Al Qa’ida Personnel.” Also see Captain Nikiforos Mathews, “Beyond Interrogations: An Analysis of the Protections under the Military Commissions Act of 2006 of Technical Classified Sources, Methods and Activities Employed in the Global War on Terror,” Military Law Review 192 (Summer, 2007).
300: Jennifer Koester’s name was first disclosed in a footnote to the OLC Report.
300–301: The quotes from the government’s Hamdi filing about the training of al-Qaeda members from the original document, “Respondents’ Objections to Magistrate Judge’s May 20, 2002 Order Regarding Access,” filed with United States District Court for the Eastern District of Virginia (Norfolk) in the original docket for the case Hamdi et al. v. Rumsfeld et al., civil case no. 2:02-cv-348. Dunham quote from Matthew Roy, “Judge Blocks Access to Detainee,” Virginian-Pilot, May 25, 2002. Information about the Manchester Manual from the original document.
301–302: Some details of the hearing before Doumar from Bill Geroux, “Judge: Allow Meeting, Fundamental Right, He Says,” Richmond Times-Dispatch, May 30, 2002; and Sonja Barisic, “Judge Says American-Born Prisoner from Afghanistan Can Meet with Attorney,” Associated Press, May 29, 2002.
304–305: Some of the details about the administration’s distress over the Lindh and Moussaoui cases from Jess Bravin, “More Terror Suspects May Sit in Limbo,” Wall Street Journal, August 8, 2002. Also see Jane Mayer, “Lost in the Jihad,” New Yorker, March 10, 2003; and Karen Breslau, “Why Did John Walker Lindh Make a Deal?” Newsweek, July 16, 2002.
305: Some details of the preparation for the recommendation package on Padilla from a February 24, 2004, speech of Alberto Gonzales before the American Bar Association Standing Committee on Law and National Security.
305–306: Some details about the movement of Padilla and the failure to notify Newman from Newman, “The Jose Padilla Story,” New York Law Review 48:39 (2003).
306: The fact that the White House originally assigned Wolfowitz, Thompson, and Mueller to announce the Padilla case was first reported by John King, “DOJ Announcement of Padilla Arrest Criticized,” CNNPolitics, June 12, 2002.
306: Details of Ashcroft’s preparation for the Padilla announcement from the original feed to MSNBC. Also see Laura Sullivan, “Ashcroft’s Faith, Persona Inspire Split Sentiments,” Baltimore Sun, July 8, 2002.
307: Dialogue from Ashcroft’s press conference from an official transcript.
307: Some details of the chaos surrounding Ashcroft’s statement from Judy Keen and Kevin Johnson, “Dramatic Ashcroft Reads Lines Not in Script,” USA Today, June 13, 2002; “The Padilla Announcement Blame Game,” ABC News, June 13, 2002; Amanda Ripley, “The Case of the Dirty Bomber,” Time, June 16, 2002; John King, “DOJ Announcement of Padilla Arrest Criticized,” CNNPolitics, June 12, 2002; Dick Meyer, “John Ashcroft: Minister of Fear,” CBSNews.com, June 12, 2002; and Sullivan, “Ashcroft’s Faith, Persona Inspire Split Sentiments.”
307, 308: Reaction of the stock market to Ashcroft’s speech, and then the Justice Department press conference, from trading data of that day collected by Bloomberg L.P.
308: Some details of the Wolfowitz-Thompson-Mueller press conference from a transcript of the event.
308–309: Some details of Fouda’s last weeks before broadcast from Fouda and Fielding, Masterminds of Terror. Also see Mayer, The Dark Side.
309–310: Some details of the government’s argument in the Hamdi appeal from Brief for Respondents-Appelants, Hamdi et al. v. Rumsfeld et al., no. 02-6895, filed with the United States Court of Appeals for the Fourth Circuit, June 2002; and Jennifer Elsea, “Detention of American Citizens as Enemy Combatants,” CRS Report for Congress, as updated, March 31, 2005.
312: Details of the Ralpho case from the ruling handed down by the Federal District Court for the District of Columbia in Ralpho v. Bell, 569 F.2d 607 (D.C.Cir.1977).
314–315: Details of the Bush Middle East speech from “Remarks on the Middle East: June 24, 2002,” Public Papers of the Presidents: George W. Bush, 2002, Vol. 1, United States Government Printing Office, 2004.
316–317: Quotes of the arguments before the Fourth Circuit from an audio recording of the hearing. Certain other details from Michael Buettner, “Court Hears Arguments over America-Born Prisoner’s Detention,” Associated Press, June 25, 2002.
317–318: Some details of the officer’s conversation with Hamdi from a June 27, 2002, e-mail from the naval brig, subject line “Re: Care of USCIT Detainee.”
318–319: Details of the hearing before Judge Kollar-Kotelly from an official transcript.
319–320: The quote defining an emergency medical condition from Emergency Medical Treatment and Labor Act, Title 42, Chapter 7, Subchapter XVIII, Part E, Section 1395dd. The use of such a law for the interrogation analysis from the final draft of the OLC memo from Jay S. Bybee, “Memorandum for John Rizzo, Acting General Counsel for the Central Intelligence Agency: Interrogation of al Qaeda Operative,” August 1, 2002.
320: The decision of the OLC to revise the wording of the health care statutes in the memos on the CIA interrogation techniques from the OLC Report. Yoo acknowledged the variation in language in his interview with the OLC when he stated: “I don’t think that was an effort to try to change it. I think that was just an effort to sort of, you know, sort of paraphrase what the statutory language was.”
320–321: Some details about the specific intent analysis from a July 13, 2002, faxed letter from Yoo to Rizzo, which contains no subject line; and the final draft of the OLC memo from Bybee, “Memorandum for John Rizzo.” Details of the medical supervision requirements from “Draft OMS Guidelines on Medical and Psychological Support to Detainee Interrogations,” a CIA document dated September 4, 2003 (CIA Medical Guidelines). Also see an undated document in CIA files, “Legal Principles Applicable to CIA Detention and Interrogation of Captured Al Qa’ida Personnel”; and an undated document in the White House Counsel’s Office headed “Summary of Advice on Interrogations: Advice to the Counsel for the President.”
321: Details of the officer’s e-mail about Hamdi from the original document.
321–322: Details of the Ministry of Defense–Pentagon meetings and the written advice given by Jack Straw from Jack Straw, Memo to the Prime Minister, “Iraq: Contingency Planning, PM/02/042,” July 8, 2002. Also see the January 21, 2011, testimony of Tony Blair before the Chilcot Inquiry.
322: Information about Zubaydah’s answers on July 10 from a CIA intelligence report of that date that was read to the author; I am not certain if I was read the entire document. Also see a July 13, 2002, letter from Yoo to Rizzo that contains no subject line.
322–323: Details of the appeals court ruling from a copy of the decision.
Chapter 11
324: Some details about the Criminal Justice Information Services Division from Peter Meyer, “26306: FBI,” National Geographic, May 2005.
324–325: Some details of the discovery of Qahtani at Guantanamo from the FBI/OIG Report; “Case Study: FBI,” an un
dated report by Cross Match Technologies; and Tim Golden and Don Van Natta Jr., “U.S. Said to Overstate Value of Guantanamo Detainees,” New York Times, June 21, 2004.
324: Details of Qahtani at the airport from the Meléndez-Pérez testimony.
325: Details of the actions by Mohammed Atta at the Orlando Airport from Charge Sheet, “Name of Accused: Khalid Sheikh Mohammed et al.,” filed on MC Form 458 for the Office of Military Commissions, February 11, 2008.
325: Some details about the concerns about an attack in the summer of 2002 from the June 17, 2008, testimony of William Haynes II before the Senate Armed Services Committee in the hearings headed “Origins of Aggressive Interrogation Techniques.” The concerns are referenced in Eric Lichtblau, “FBI Braces for Possibility of July 4 Attacks,” Los Angeles Times, June 19, 2002. In addition to information coming from a foreign intelligence service—which was at first dismissed as unreliable—information provided by Zubaydah reinforced those fears.
326–327: Details of the guilty plea of Lindh from a transcript of the hearing. Also see Bob Franken and John King, “ ‘I Plead Guilty,’ Taliban American Says,” CNN.com/Law Center, posted July 17, 2002; and Jane Mayer, “Lost in the Jihad,” New Yorker, March 10, 2003.
327–328: Haynes discussed the disappointment with the information coming out of Guantanamo in his June 17, 2008, congressional testimony. Some details of the discussions between Haynes, Shiffrin, and Baumgartner from Shiffrin and Baumgartner’s June 17, 2008, testimony before the House Armed Services Committee in the hearings headed “Origins of Aggressive Interrogation Techniques.” Also see “Inquiry into the Treatment of Detainees in U.S. Custody,” Report of the Committee on Armed Services, United States Senate, November 20, 2008 (Armed Services Report).
328–330: Some details of the beliefs of the Blair officials from the July 23, 2002, entry in the Campbell diaries. Also see the January 29, 2010, testimony of Tony Blair and the November 30, 2009, testimony of David Manning before the Chilcot Inquiry.
329–330: The battles between Doumar and the administration from Hamdi v. Rumsfeld, civil action no. 2:02cv439, filed in Federal District Court for the Eastern District of Virginia, Norfolk Division: “Order” of July 18, 2002; “Order” of July 22, 2002; “Respondents’ Response to, and Motion to Dissmiss, the Petition for a Writ of Habeas Corpus” of July 25, 2002; “Respondents’ Memorandum in Support of Motion for Relief from This Court’s Order Requiring the Government to File Federal Rule of Criminal Procedure 26(a)(1) Initial Disclosures” of July 24, 2002. Also see Tim McGlone, “Norfolk Judge Insists He Be Told Why Hamdi Is Being Held,” Virginian-Pilot, July 19, 2002; McGlone, “Judge Slams Government for Ignoring Order in Hamdi Case,” Virginian-Pilot, July 24, 2002; McGlone, “Government Lawyers Object to Order for Summary by Judge in Hamdi Case,” Virginian-Pilot, July 23, 2002.
329–330: Details of the Mobbs declaration from the original document.
330–331: Some details of Baumgartner’s work and his conversations with Ogrisseg from the June 17, 2008, testimony before the Senate Armed Services Committee in the hearings headed “Origins of Aggressive Interrogation Techniques.” Also see Armed Services Report. Background about the air force’s concerns regarding the use of SERE techniques from a November 2, 2002, memo from USAF Colonel Ronald E. Richburg entitled “Memo for UN and Multilateral Affairs Division (J-5), Joint Staff (Attn. CDR Lippold); Subject: Counter-Resistance Techniques.”
331–332: Details of the Baumgartner memos and their attachments from the original documents.
332: Some details of the “carotid” interrogation from Central Intelligence Agency Inspector General Special Review, Counterterrorism Detention and Interrogation Activities (September 2001–October 2003), 2003-7123-IG, May 7, 2004 (CIA IG Report).
332–333: Some details of the initial interrogation of Qahtani from the FBI/OIG Report; “Summary of Administrative Board Proceedings for ISN 063,” before an administrative review board at Guantanamo; and a partially unclassified FBI 302 of a September 10, 2004, interview with an unnamed agent for file no. 297-HQ-A1327699-A. Also see Golden and Van Natta, New York Times, June 21, 2004.
333–334: Some details of the issues discussed in the OLC meetings from the OLC Report.
334: Quotes from the final draft of the OLC Memo from Jay S. Bybee, “Memorandum for John Rizzo, Acting General Counsel for the Central Intelligence Agency: Interrogation of al Qaeda Operative,” August 1, 2002.
335–336: Details of Kollar-Kotelly’s decision from “Memorandum Opinion,” in Shafiq Rasul v. George Walker Bush, civil action no. 02-299; and Fawiz Khalid Abdullah Fahad al-Odah v. United States, civil action no. 02-828, filed July 31, 2002, in the United States District Court for the District of Columbia. Also see “Brief for Plaintiffs-Appellants,” al-Odah v. United States, filed with the Federal Court of Appeals for the District of Columbia Circuit, case no. 02-5251. Details of the Wilner e-mail from the original document.
336: Details of the Wilner–al-Odah e-mails from the original documents.
337–338: Some details from the CIA interrogation of Zubaydah from CIA/OIG Report; the CIA Medical Guidelines; Steven G. Bradbury, “Memorandum for John Rizzo, Acting General Counsel for the Central Intelligence Agency: Re: Application of 18 U.S.C. §§2340–2340A to the Combined Use of Certain Techniques in the Interrogation of High Value al Qaeda Detainees,” May 10, 2005; the CIA/OIG Memorandum for the Record; and the ICRC Report.
338–339: Some details of the concerns of Powell, the dialogue of his conversations with Bush, and the Franks presentation from Bob Woodward, Plan of Attack, Simon & Schuster, 2004. Also see Christopher Meyer, DC Confidential, Weidenfeld & Nicolson, 2005.
339–340: Some details of the Soufan interrogation with Qahtani from the FBI/OIG Report. Also see Golden and Van Natta, New York Times, June 21, 2004; and Michael Isikoff, “We Could Have Done This the Right Way,” Newsweek, April 25, 2009.
340: Some details of the removal of the Princeton mailbox from the first Arredondo affidavit; Center for Counterproliferation Research, Working Paper: Anthrax in America, November 2002; and Leslie Koren and Wendy Ruderman, “Anthrax Spores Found in Mailbox,” Record (Bergen County), August 13, 2002.
341: Details of the August 13 hearing before Judge Doumar from a transcript of the event. Also see Tom Jackman, “Judge Skewers U.S. Curbs on Detainee,” Washington Post, August 14, 2002.
342: Quotes from Doumar’s ruling out of the original document filed August 16, 2002.
342–343: Some details of the Pasquale D’Amuro meetings from the FBI/OIG Report. Also see Isikoff, Newsweek, April 25, 2009.
344–345: Some details of the outcomes from Zubaydah’s cooperation from Steven G. Bradbury, “Memorandum for John Rizzo”; Bradbury memo for Rizzo, “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,” May 30, 2005. Also see CIA Directorate of Intelligence, Detainee Reporting Pivotal for the War Against Al-Qa’ida (Secret/Noforn), June 3, 2005 (CI/DI Report); a partially declassified CIA Report numbered C05403863 (CIA Numbered Report). Also see Chitra Ragavan, “A Hunt for the Pilot,” U.S. News & World Report, March 30, 2003.
345–346: Some details of the Lady-Pironi dinner from a formal statement given by Pironi on April 14, 2006, to the Milan district attorney. Also see “Decree for the Application of Coercive Measures,” filed with the Judge Presiding of Preliminary Investigations in Milan, filed under article 292 c.p.p., no. 10838/05.
346–347: Some details of the robbery at the Toko Elita Indah jewelry store from Wayne Turnbull, “Bali: Developing the Tactical Plan,” Monterey Institute of International Studies, July 31, 2003; Matt Cianflone et al., “Anatomy of a Terrorist Attack,” a report prepared for the Matthew B. Ridgway Center for International Security Studies at the University of Pittsburgh, Spring 2007; and Eric Ellis, “Allah’s Assassins,” Bulletin, March 5, 2003.
349: Some details of the t
orture of Almalki from the Iacobucci Report, the Toope Report; the O’Connor Report; Paul Copeland, “Abdullah Almalki: Chronology”; and Kenny Pither, Dark Days, Viking Canada, 2008.
350–351: Some details about Black’s writing of his statement from the September 26, 2002, document, “Unclassified Testimony of Cofer Black,” delivered to Congress’s Joint Select Committee on Intelligence that was investigating the 9/11 attacks.
351: Some details of the detection of bin al-Shibh’s call from Jason Burke, “Brutal Gun-Battle That Crushed 9/11 Terrorists,” Observer, September 15, 2002; and Mayer, The Dark Side.
352–353: The description of the stage at the VFW convention from photographs of the event. Quotes from Cheney’s speech from “Full Text of Dick Cheney’s Speech,” Guardian, August 27, 2002.
353: Some details of the White House reaction to Cheney’s speech from Julian Borger, “White House in Disarray over Cheney Speech,” Guardian, September 2, 2002; Borger, “Daggers Drawn in the House of Bush,” Guardian, August 28, 2002; and Meyer, DC Confidential.
353–354: Some details of Meyer’s reaction to the Cheney speech and the call from the Clinton official from Meyer, DC Confidential.
354–357: Some details of the September 8 meetings between Blair and Bush from the Campbell diaries. Also see the January 29, 2010, testimony of Tony Blair; the November 30, 2009, testimony of David Manning; and the January 10, 2010, testimony of Jack Straw before the Chilcot Inquiry.
358–359: Details of the intelligence report, “Iraq: Status of WMD Programs,” from the original document. Rumsfeld’s e-mail to Myers from the original document.
BOOK THREE
Chapter 12
361–363: Some details of the capture of bin al-Shibh from the December 8, 2006, memo from Harry B. Harris Jr., “The Joint Task Force at Guantanamo to the Commander for United States Southern Command in Miami; Subject: Combatant Status Review Tribunal Input and Recommendations for Continued Detention Under DOD Control (CD) for Guantanamo Detainee, ISN US9YM-010013DP (S)” (Detainee Assessment, Ramzi bin al-Shibh); Jason Burke, “Brutal Gun-Battle That Crushed 9/11 Terrorists,” Observer, September 15, 2002; and Michael Elliott, “Reeling in al-Qaeda,” Time, September 15, 2002. Also see K. Alan Kronstadt and Bruce Vaughn, “Terrorism in South Asia,” CRS Report for Congress, August 31, 2005; Laila Bokhari, “Paths to Global Jihad,” FFI Rapport, Norwegian Defence Research Establishment, March 15, 2006; Fouda and Fielding, Masterminds of Terror; “Top al-Qaeda Suspect Captured,” BBC News, September 14, 2002; and “Binalshibh to Go to Third Country for Questioning,” CNN World News, September 17, 2002.
500 Days: Secrets and Lies in the Terror Wars Page 74