Of the many controversial decisions made by the US government in the wake of the 9/11 attacks, the establishment of a network of black sites and the employment of enhanced interrogation techniques that would be labeled torture (not just by the usual leftists but by none other than the Red Cross) is definitely one of the most controversial.
If the report’s conclusions are taken at face value and accepted as factually and historically accurate, this is the conclusion you would have to arrive at: a very large number of CIA personnel orchestrated a massive, years-long conspiracy in which they 1) lied to the Justice Department about the EITs they planned to employ to gain formal legal support for them 2) recklessly detained people who met no legal standard for detention, without even properly accounting for their number, 3) systematically lied to their overseers about the detainees’ conditions, 4) impeded oversight by the White House, Congress, and their own IG, 5) ignored numerous critiques and objections from their own workforce, and 6) then managed a coordinated program of targeted leaks of classified information in order to manipulate the media into inaccurately portraying the effectiveness of the EITs — all so that, year after year, they could stubbornly maintain a program that...wait for it...was producing no intelligence of any worth! The report allows for no other conclusion than this one, and accepting the report as a truthful, definitive account requires its acceptance.
Obviously, the report does not get into moral issues, focusing its inquiry around three main questions: 1) did the program follow guidelines set by the Justice Department? 2) did it help prevent terrorist attacks?, and 3) was Congress, the White House, and the Justice Department kept adequately informed? The Senate report tries very hard to make these answers a definitive no, and it reads much more like a prosecutor’s brief than a historical document. Feinstein has been the politician most identified with the report, and its release has done much to appease her leftist base, who apparently have no problem with Feinstein’s support for the NSA’s collection of bulk phone records (“It’s called protecting America,” she says), even though two independent panels have doubted its value, or with the Agency’s drone program.
There’s been a lot of buzz that the release of the report was motivated by politics. Of course it was. The Democrats have long claimed to be against these practices, and are now claiming tohave been kept in the dark regarding the program. Whether you believe that or not is up to you. Another apparent problem with the report is that the authors refused to interview any of the participants. As such, it relies exclusively on cable traffic between Langley and the various black sites. Again, the scope of the report is specific, and, unfortunately, the report has nothing to say about the Agency’s use of aircraft proprietaries to shuttle the detainees between their points of origin and the various black sites.
One of the most striking headings in the conclusions section is this: "CIA's use of enhanced interrogation techniques was not an effective means of acquiring intelligence or gaining cooperation from detainees.” The very next sentence after this conclusion reads, “According to CIA records, seven of the 39 CIA detainees known to have been subjected to the CIA’s enhanced interrogation techniques produced no intelligence while in CIA custody.” In other words, EITs were ineffective because 18% of detainees subjected to the techniques revealed no intelligence---while 82% of detainees subjected to the techniques did. Is this supposed to convince us that the techniques were ineffective? Do these SSCI staffers take us for idiots? Apparently so. In another instance, the authors claim that the CIA learned about Abu Ahmed al-Kuwaiti “prior to any detainee reporting.” This is misleading: the Agency had information about the Kuwaiti, but none of it was corroborated until it had access to detainee interrogations. Whether these particular interrogations involved EITs, however, is still a matter of dispute, and readers will pick whatever version suits them.
The report also ignores context to some extent; following 9/11 there was a surge of overseas threat reporting and a widespread perception that there would be some sort of second wave? How did that affect the performance of the Agency or the authorities that the government delegated to the Agency? Isn’t that a reasonable question?
At the same time, the report documents many shortcomings on the Agency’s part. In one instance, the Agency claimed that reports from KSM’s interrogation led to the arrest of Saleh al-Marri---even though al-Marri was captured in December 2001 and KSM was captured in March 2003. Either the officers involved were incompetent or their memories were pretty damn short.
Also, the report claims that "there is no indication in CIA records that Abu Zubaydah provided information on bin al-Shibh's whereabouts.” It cites no evidence to support this claim, even though Zubaydah reportedly identified bin al-Shibh four times, according to the minority report.
The report claims that the CIA impeded oversight by its own inspector general. The law requires the IG to report its level of access to CIA programs and to file reports when its access is impeded. If the CIA really did illegally interfere in this area, one would expect reports to be filed, and for the Intelligence Committee to have enough clout to gain access to them. Unfortunately, the report does not cite any such documentary evidence. The IG made almost 30 reports about the program throughout its duration, visited two of the black sites, and of course, reviewed the 92 interrogation tapes that were eventually destroyed by Jose Rodriguez.
Often the analysis is cursory or convoluted. One particularly glaring problem that is often raised is this: if, as the report claims, the program was ineffective from the start, why was it kept going for four years, even when Congress was briefed? To be clear, only the leadership of the oversight committees was briefed when Abu Zubaydah was interrogated, with the others only briefed in 2006. By all accounts, the leaders posed no objections at this initial briefing. It is entirely possible that this fairly large and expensive detention program was kept going only by default. If it was, why doesn’t the report look into this? Another question is the issue of interviews; the committee did not interview any of the CIA or government personnel involved inthe program. Whether this is the Committee’s fault is unclear, given that Obama’s Justice Department opposed such a move. But I don’t doubt they would have proved useful. The report charges that the CIA “actively avoided or impeded oversight” by Congress. Unlikely; if the committee chairmen wanted to brief the other members, they could have done so on their own initiative, or expressed this wish to the White House. If they really wanted to brief their colleagues, I’m sure they would have found a way to do it. Again, the Study did not conduct any interviews; if they had, we might know what these members were briefed on, but we don’t. And restricting briefings to committee leaders isn’t exactly unprecedented. The Study claims that Bush was not briefed until 2006; Bush’s memoirs indicate he was briefed in 2002. The Study cites this section of the memoir in a footnote somewhere but does not explain the apparent contradiction. The Study also claims that the CIA “blocked State Department leadership” from access to information regarding the black sites, but cites no real evidence.
Another aspect is that the RDI program was basically three different programs: renditions, in which terrorists and terrorist suspects were illegally snatched by CIA paramilitary officers and transported by planes to the various black sites; detention, in which the prisoners were held indefinitely in black sites; and interrogation, in which the prisoners were questioned using both standard rapport-building techniques and the controversial EITs. Were all of these aspects complete failures, or just the EITs? The report constantly hints that detainees were cooperative until subjected to EITs. Were traditional interrogations more successful? These traditional interrogations were part of the program, after all.
As an example, the Study claims that the CIA was inaccurate in asserting that EITs led to the disruption of a terrorist attack on Camp Lemonier. This is misleading; nobody ever claimed EITs led to the plot’s disruption; President Bush asserted that terrorists “in CIA custody” provided this information.
Also, the study does not offer a single recommendation regarding interrogation practices even though this was one the study’s purposes. This is odd, given that it was part of the Study’s terms of reference.
I’m not convinced that this report is completely historically accurate. Is it entirely useless? No. Can it be called “definitive”? Probably not.