The Confusion about When Hassan Ghul’s Torture Started

In this post, I noted that John McCain seemed to be talking about Hassan Ghul when he spoke of a detainee who gave up key information on Osama bin Laden’s courier without being tortured.

It’s the other detail I find even more interesting: that info on Abu Ahmed’s real role and his real relationship with OBL came using “standard, noncoercive means.” This break in intelligence has fairly consistently been attributed to Hassan Ghul in tick tocks of the hunt for OBL. And while McCain doesn’t confirm that Ghul provided the intelligence, if he did, then consider what it probably means.

I have noted that a detainee who appears to be Ghul was held for six months–from January to August 2004–before the CIA started getting approval for his CIA-led interrogation. If the detainee who provided the key information on Abu Ahmed was Ghul and did so through noncoercive means, it means that Ghul’s interrogation before CIA got him–presumably, Ghul’s interrogation by military interrogators not using torture–yielded the key piece of information that would eventually lead to OBL. And (such a scenario would further imply) CIA insisted on taking custody and torturing him, even after he yielded information that would lead to OBL. Which might explain the legal sensitivities around Ghul’s torture, because if they got key info without torture the claims they based torture on would all be demonstrably false.

Reuters has a piece on Ghul that may accord with my earlier speculation. (h/t MadDog) They describe DiFi confirming that key information came form Ghul, but before his torture started.

Earlier this week, [Dianne] Feinstein told Reuters about a CIA detainee who “did provide useful and accurate intelligence.” But she added: “This was acquired before the CIA used their enhanced interrogation techniques against the detainee.” Three U.S. officials said Feinstein was referring to Ghul.

Reuters relies heavily on declassified CIA documents to understand Ghul’s treatment–which I assume means they’ve confirmed that the May 2005 mention of Ghul was to Hassan Ghul, and not a second Janat Ghul that may have been held in CIA custody.

But if that’s true, they seem to be missing the key documents–the August 2004 documents cited in the May 2005 documents that ask for and get approval for four more torture techniques–dietary manipulation, nudity, water dousing and abdominal slap. From those documents, we can at least presume that Ghul was being subjected to his first round of CIA interrogations between August 2 and August 25, 2004, when CIA asked for the four additional techniques (though there are other possibilities I laid out here).

Just as interesting is the paper trail discussing the CIA getting custody of a detainee–and the Principals Committee discussing the treatment of a detainee named “Ghul”–on July 2 (Jay Bybee has said that detainee was Janat Gul, but unless there’s a CIA detainee named Janat distinct from the Janat who was in Gitmo, that seems unlikely). At the Principals Committee meeting, they appear to have approved certain treatment of this Ghul, notably after the torture skeptics left the meeting.

In other words, if FOIAed documents do pertain to Hassan Ghul (and Reuters appears to suggest they do), then Ghul was likely not in CIA custody until July 2004. That is, it appears Ghul was not turned over to exclusive CIA custody until six months after he was captured. His initial torture approval came on August 2, and his second torture approval came on August 26.

So when DiFi says the key information from Ghul “was acquired before the CIA used their enhanced interrogation techniques against the detainee,” that probably also means that information was acquired before Ghul was transferred to CIA custody. That doesn’t mean CIA didn’t have access to him earlier than that, or that DOD didn’t use some kind of torture on him before then (again, see this post for some of the possibilities).

All of which has two really big possible implications.

First, that the Principals Committee–without input from key DOJ officials–approved the torture of Hassan Ghul after he had already given up vital information leading to Osama bin Laden’s location. And given that the torture approvals were always premised on the claim that a detainee wouldn’t give up information without torture, this would mean a key claim made to justify torturing Ghul appears to have been false. This would tie an illegal torture authorization directly to people like Dick Cheney, having effectively bypassed the normal DOJ approval process.

Also, this could mean that obfuscation happening here serves to hide the possibility that what we now call a CIA detainee gave up his most important information while still in DOD custody.

  1. MadDog says:

    No comments yet? Sheesh!

    Must only be EW, me and Mark Hosenball who are interested in Hassan Ghul. *g*

    Which allows me to segue to a question I’ve had on Mark Hosenball. Why is Mark Hosenball so interested in Hassan Ghul? And why now of all times?

    Certainly it is in part because of the Hassan Ghul information that lead to OBL, but that in itself does not define the contours of Hosenball’s apparent continued interest.

    After all, if Hosenball were just interested in the information that lead to OBL, then Hosenball would be spending as much time writing about KSM’s interrogation answers to the courier questions.

    Instead, Mark Hosenball continues to chase after this one Ghost Detainee. I get the sense that Hosenball knows more of the backstory of Hassan Ghul, but has yet to second source his information or to completely convince himself that he is not getting Hassan Ghul disinformation smoke blown up his ass.

    In any event, Mark Hosenball smells something here. So does EW and so do I.

  2. MadDog says:

    I don’t know if you read this AP piece via the Arizona Star EW, but there are a couple of interesting things in it such as:

    Dems to release findings on probe into CIA’s interrogation techniques

    Democrats on the Senate Intelligence Committee expect to release findings this summer from an 18-month investigation into the CIA’s interrogation of terrorism suspects, a review that could provide some clarity on whether harsh techniques – or even torture – played a role in helping the CIA find Osama bin Laden…

    And this:

    …Sen. Dianne Feinstein, D-Calif., who chairs the Intelligence Committee, said Thursday that the detainee who gave the CIA its best understanding of the courier who ultimately led to bin Laden – a detainee identified by U.S. officials as Hassan Ghul – did so before he was subject to unspecified harsh techniques at a CIA site in Poland…

    …Moreover, a U.S. official disclosed that Hassan Ghul was not named in a 2005 Justice Department memo that approved use of sleep deprivation, slapping, nudity and water dousing, as the Los Angeles Times reported last week. The memo referred to a detainee named Janat Gul, the official said, and no one suggests he provided information about bin Laden’s courier…

    • MadDog says:

      And the LA Times backs off as well:

      For the record

      Trail to Bin Laden: A May 5 article in Section A about the search for Osama bin Laden quoted a U.S. Justice Department memo from 2005 that approved the use of harsh interrogation techniques against a CIA detainee, identified in the story as Hassan Ghul, who provided important information in the search for Osama bin Laden. A U.S. official familiar with the intelligence subsequently said that the memo actually refers to a different CIA detainee, Janat Gul, and that there is no evidence that Gul provided information that assisted in the search for Bin Laden…

      • MadDog says:

        The “U.S. official” who insists to the LA Times that the DOJ memo refers to Janat Gul is confusing.

        According to Wikipedia, their Janat Gul was determined not to be an unlawful enemy combatant and released.

        That doesn’t comport with a purportedly high-value detainee who was the subject of a DOJ memo for undergoing torture techniques.

      • emptywheel says:

        Fascinating. Because they still seem to be mixing Janat and Hassan.

        I’d love to see someone forced to distinguish the two. Because it’s easy to point to Janat when a different Janat WAS released … from Gitmo.

        • MadDog says:

          I’ve re-read a bunch of your posts going back several years on the subject of Hassan Ghul vs Janat Gul, and I’m still with you in believing that Bybee was in error with his Janat Gul mention.

          The little information that is available on Janat Gul does not come close to fitting the profile described in OLC memo(s), while that of Hassan Ghul does.

          Therefore, I’m not taking the LA Times retraction nor the U.S. Official they quote as gospel.

          As a matter of fact, I view that U.S. Official as either a second-hand ignoramus (i.e. has no first-hand knowledge and is merely reading stuff like Bybee’s error) or someone who is plying disinformation.

        • MadDog says:

          And remember, as I said in # 1 above, there is a reason Mark Hosenball is chasing the story on Hassan Ghul so hard, and it ain’t simply the information tidbit link that lead to OBL.

        • emptywheel says:

          The argument is that there were 2 Janat Ghuls in US custody in 2004: one in Gitmo, and one in CIA custody (it’d have to be from prior custody of a third party country).

          That’s certainly possible. The reason I remain so skeptical about it is that they have no details of this CIA Ghul. And that Ghul, like Hassam, remarkably wasn’t among the 14 to be moved to Gitmo.

  3. bobschacht says:

    EW,
    Thank you for your careful parsing of the words and unraveling this for us.
    It is a pity that the “Spotlight” feature is n longer available.

    Bob in AZ

  4. Margaret says:

    Breaking news: cHuckabee says “Me run for President? Huck no”!

    Huckabee, winner of the Iowa Republican caucus in 2008, had been exploring a bid but said Saturday that he had made a “spiritual” decision not to run.

    Yeah, if by spiritual he means financial. I though Christians weren’t supposed to lie?

  5. Margaret says:

    Here’s an example of the arrogance of the ruling caste: The head of the IMF just got arrested for sexual assault.

    Strauss-Kahn, 62, allegedly crept up behind a 32-year-old maid after she entered his room and forced her to perform oral sex on him, sources told the New York Daily News. The New York Post said he was naked and had emerged from the bathroom.

    Doesn’t it just suck ass when the little people rat them off? Who do they think they are???

    • nahant says:

      I read that and felt some relief that he got caught~ He will be held accountable for what that slime ball did to that maid sickening.. Arrogant Ass I hope he pays for it with a rape and assault charges and attempting to flee the country.. In a hurry I bet..
      And if convicted he WILL spend some time with a part of the population he neeever thought he would get to know Up Front & Personal.. Here’s hoping.

      • bmaz says:

        He was not charged with anything, therefore was not “fleeing” in the legal sense of the term. Further, while it is a very sensational story, there are some dissonant elements to it; the man is presumed innocent at this time. I will be very interested in the nature and quality of the physical evidence in this case because the surface allegations seem, shall we say, awfully convenient as a political hit job. There is a legal system to sort through it; we shall see how it plays out.