Withholding Torture Timelines

Update 7/20: According to the CIA, those timelines are permissibly excluded "derivative" works.  See this post for an explanation.

It should not surprise you that I perk up whenever I see others discussing timelines. And so it should not surprise you, either, that I noted a little detail about the CIA so-called disclosure on its torture FOIAs.

The CIA is, apparently consistently, withholding timelines. In fact, it may be withholding different iterations the very same timelines.

As I pointed out several weeks ago, the CIA is being rather choosy about the stuff it includes in its Vaughn Index; whether by chance or plan, it has hidden any documents that might reveal discussions and approvals for torture that precede the OLC’s torture opinions in late July 2002. For example, they sampled more than the required one out of ten documents from among their sixteen undated documents relating to the torture tapes–they picked two. But both are uncontextualized descriptions of waterboarding (documents, frankly, it’s hard to believe they still claim are classified after the OLC memos). So they picked two almost identical documents, and avoided picking any of the six "Notes/Outlines" listed or, more interesting for me, any of the four  "Draft Preliminary Timelines," which are described to be 10, 29, 28, and 29 pages in length.

Boy would I like to get my hands on the CIA’s timeline of the torture program to match it up against my own!

Now, I have for some time speculated that most of these undated materials were working papers from the IG Report given the legal import of everything else, it’s hard to believe they’d be undated). And while that may or may not be the case, lo and behold, the IG Report happens to have a timeline!

In the Report’s table of contents, it lists an "Appendix B, Chronology of Significant Events." It’s one of the only two appendices the titles of which are not redacted in the TOC. Yet in the actual pages included in the FOIAed document, it not only doesn’t include the timeline, but it doesn’t even include the withholding page included for Appendices C through F, which at least provide a page count for the appendix in question. (Note, I believe there to be four or five more appendices the very existence of which the CIA is hiding, given the size of the redaction in the TOC.)

So not only won’t they give us the timeline (or wouldn’t as of this release, but I suspect they won’t give it to us on Friday, either), but they won’t even tell use how long the timeline is (we timeline geeks are sort of interested in such details).  

Now, I have no idea whether the CIA IG’s timeline reveals what mine does–that the CIA brought out the small box and used harsh techniques long before the OLC memos got written. What details we have, thus far, from the section on Abu Zubaydah and the development of the torture techniques only include the date of Abu Zubaydah’s capture, not any dates on the experimentation with particular techniques. We know the discussion on when and who got briefed is pointedly vague and inaccurate as to the content of the briefing to Congress.

The DCI briefed appropriate senior national security and legal officials on the proposed EITs. In the fall of 2002, the Agency briefed the leadership of the Congressional Intelligence Oversight Committees on the use of both standard techniques and EITs.

In the section on DOJ legal analysis, the CIA redacted two-plus lines before this sentence:

The ensuing legal opinions focus on the Convention Against Torture and Other Cruel, Inhumane and Degrading Treatment or Punishment (Torture Convention), especially as implemented in the U.S. criminal code, 18 USC 2340-2340A.

The preceding sentence or two must describe the process by which OLC came to draft the torture opinions, but it does not necessarily tell us about the timing of it.

So we have no idea whether the CIA IG had (or presented) an accurate timeline. We don’t know whether the CIA IG noted the legal problems surrounding the torture that happened before the OLC opinions were written, not to mention the statutory non-compliance in briefing Congress and the period of time in during which Abu Zubaydah cooperated with FBI interrogators before the torture started, or whether it portrayed the same deceptive timeline the CIA has always presented, in which Abu Zubaydah never cooperated, legal opinion preceded torture, and briefing of Congress was not far off timely and complete.

And if the additional timelines in the Vaughn Index pertain to the torture tape destruction, and not the torture program itself, we have no idea whether the timeline details all the warnings not to destroy the torture tapes before they were destroyed.

Timelines, you see, can be very revealing, whether they are accurate or not.

Which is probably why the CIA is refusing to hand over any of its own timelines pertaining to its own torture program.

23 replies
  1. Mary says:

    Nice.

    I’m going to toss in a couple of other things. First, one report is that the CIA briefed ranking members of the intel committees (only) about the Nov 2002 torture killing shortly after it happened. The only thing I can figure out that would fit would be the Feb 2003 briefings – for all the questions to Harman et al about briefings, so far no one from WaPo (where the Nov 2002 killings story originated) have asked members of Congress who were supposedly briefed as per the chart if the briefings included being told about the torture to death and if so, if that took place in the Feb 2003 briefing. That would be good to know and would help flesh the timeline and wouldn’t require the CIA to answer. It would require the members of Congress to say, oh, well, I can’t say what we were briefed on (even though the whole point of the chart is for the CIA to say what we were briefed on) but it would get that death out there.

    Also, do we know Something just which speech of Bush’s involving Zubaydah prompted the next-day give and take between Bush and Tenet about *I said he was important, you won’t let me lose face*

    I don’t have my ONe Percent available, but two possibles, both of which would have been prompting Tenet to take action before the August memos/July verbal advice are (per Mark Danner’s site)April and June:

    Bush’s personal investment in Zubaida was obvious even in public statements. As early as April 9, 2002, Bush bragged to fellow Republicans at a political fundraiser: “The other day we hauled in a guy named Abu Zubaydah. He’s one of the top operatives plotting and planning death and destruction on the United States. He’s not plotting and planning anymore. He’s where he belongs.”

    In a June 6, 2002, address, Bush called Zubaida al Qaeda’s “chief of operations” and said that “[f]rom him and from hundreds of others, we are learning more about how the terrorists plan and operate, information crucial in anticipating and preventing future attacks.”

    I can’t remember if Suskind nails the date of the speech that preceded the give and take down.

    A couple of other things that I think about when I look at your timeline (jmo, and may not be tied in well enough to include in it) would be
    (i)the August 2002 memo, presumably from Nakhleh, notifity the WH that a large portion of the detainees at GITMO (who has been subject to interrogations from FBI, JTF, CIA, etc. all with differing rules) were completely innocnent; and
    (ii) the description of Tenet’s Summer of 2003 presentation on combining techniques.

    “At one meeting in the summer of 2003 — attended by Vice President Cheney, among others — Tenet made an elaborate presentation for approval to combine several different techniques during interrogations, instead of using one method at a time, according to a highly placed administration source.”

    I know you have this July 2003: Tenet and Muller meet with Cheney, Condi, Ashcroft, Acting head of OLC?, Yoo, Gonzales, and Bellinger to discuss torture. Principals reaffirmed that program was lawful. and while there isn’t a link I think that’s from the SSCI report isn’t it? I wondered if it was the same as the Tenet presentation meeting though? Or what happened to his presentation materials. This would have been after knowing that a lot of innocent detainees were getting caught in the nets, and after the combination of hypothermia, stress positions, etc. led to a death in Nov 2002. But it would also have been while Bush needed someone to make him look good, and not lose face, on WMDs.

    One more thing – I really think it would be helpful if we could find a date for the al-Libi live burial *interrogation* and info and how it was forwarded on. It would not only demonstrate that they knew he was being tortured but might also have been the direct impetus to the decision to put Zubaydah in a live burial situation too.

  2. Aeon says:

    Speaking of AZ, the CIA is pissed at the WaPo for daring to print some of the same things about him that have been featured here for years. From this morning’s print edition:

    Mischaracterizing Abu Zubaida’s Role

    The June 16 news story “CIA Mistaken on ‘High-Value’ Detainee, Document Shows” suggests that Abu Zubaida was an unimportant terrorist figure before his capture in 2002. That is wrong. Mr. Zubaida was a major terrorist facilitator with extensive knowledge of al-Qaeda. During questioning, Mr. Zubaida provided valuable information, including a detailed road map to al-Qaeda operatives that greatly expanded our understanding of the terrorist group and helped take other terrorists off the streets. Had your reporters asked, we would have made those points.

    GEORGE LITTLE

    Spokesman

    Central Intelligence Agency

    Langley

    • Mary says:

      Mr. Holder’s and Mr. Obama’s statements suggest that the former President was an unimportant war crimes figure before the end of his second term in 2008. That is wrong. Mr. Bush was a major war crimes facilitator with extensive knowledge of CIA and MI war crimes. During briefings, Mr. Bush provided valuable direction, including detailed Executive Orders for torture and human purchase and experimentation that greatly expanded our powers to engage in international torture, torture killings and human experimentation and helped take America to previously unthinkable depravity as a matter of law and policy. Had you reporters asked, we wouldn’t have made those points.

      /s

  3. Loo Hoo. says:

    OT- via Jed Lewison, Sanford seen boarding a plane.

    On Tuesday, sources told News 4’s Nigel Robertson that a state vehicle is missing and was tracked down, not to the Appalachian Trail, but to the Hartsfield-Jackson Airport in Atlanta.

    Sources told Robertson that a federal agent spotted Sanford in the airport boarding a plane. Robertson was told that the governor was not accompanied by security detail.

  4. prostratedragon says:

    Stuck that somewhere too.

    So let’s see, who else was missing … or got quiet like a light going out …

  5. Garrett says:

    The lack of exemption markings plus the inconsistency of redactions (some toc headings redacted on the actual page, but some headings on the actual page redacted from the toc) show that they were not taking segregability very serious. Or, that they were taking it serious, but not in good faith.

    Except in very specific circumstances, I can’t see that a raw date is ever withholdable under any exemption, or ever not reasonably segregable, or ever much of a burden to attend to.

    When a less redacted version of a document comes out, people very naturally look to see what had been hidden last time. I think the CIA might be very badly embarrassed by some of the timeline entries. September 11, 2001: You redacted that?

  6. readerOfTeaLeaves says:

    … whether by chance or plan,[the CIA] has hidden any documents that might reveal discussions and approvals for torture that precede the OLC’s torture opinions in late July 2002.

    I’m shocked! SHOCKED, I tell you!!
    Who could possibly have imagined CYA in a large bureaucracy…?

  7. Jeff Kaye says:

    Somewhat OT, but did anyone see the National Geographic show on the CIA fighting terrorism on television a couple of nights ago? It had a big section on Zubaydah, and pushed the narrative that he was very big, a #3 for bin Laden (though at the end of the show there’s a one liner that he wasn’t exactly what they thought, but the interrogation results are secret). Kiriakou has a big part, is interviewed over and over, and at the end says that this is like the Cold War, and fighting terrorism will probably take one hundred years. The show never mentions (that I could see) that Kiriakou’s own participation in the waterboarding.

    Anyone see this mess?

    • Rayne says:

      Agh, you beat me to it, was just going to ask the same question. I missed it and am looking right now to see if it’s available to view online.

      Wondering what kind of special propaganda it contained.

      There was a program on History Channel last fall, “Inside the CIA”, as well, also missed it and wonder if it was wallpapering.

  8. Rayne says:

    Ah, it was NatGeo’s ‘CIA Confidential: The Hunt for Bin Laden’ on Sunday night, followed by ‘CIA Confidential: Pakistan Undercover’.

    Looks like tomorrow night is all-CIA-all-the-time for NatGeo, will re-broadcast the The Hunt for Bin Laden piece again tomorrow at 9:00 pm EDT, sandwiched between other CIA content, beginning with CIA Secret Experiments at 8:00 pm (wonder if Mitchell-Jessen has a bit part?).

    See NatGeo’s schedule.

    I also note how conveniently NatGeo put on all-Iraq-Iran programming on Monday night this week…

    • Jeff Kaye says:

      Yes, that was the show. It was mostly pure propaganda. The CIA never really sleeps. They pride themselves on being one step ahead, and you can bet they will ratchet up the spin and domestic psyops for the inevitable disclosures that lie ahead. Their strategy appears to be to swamp the critics with an alternate narrative. Not a bad strategy, from their point of view, and is why everything we do here is so precious and important… every blogger, every commenter, every story.

      I think I’ll try and tape and take a look at who produced the show, advisers, etc., see if we can’t track down what’s going on here. This wasn’t just a show by some “patriot.” This was propaganda, and sophisticated, too, i.e., to stick in at the end some “critical” material, only to wind up with that closing statement re 100 years for the “war on terror.” Lots of money can be made in a 100 years, not to mention the job security, from a contemporary standpoint.

      • Rayne says:

        There’s some video overview content, worth pre-screening I think. So far it looks like hype.

        WRT to topic: has been puzzling all along the way as we picked this apart that the powers that be did not want to show the earliest bits of anything.

        At first it looked like they acted without authority and got support retroactively, but now it looks more like there was an effort to keep us from comparing what happened at distinct points in time.

        I have to hunt down another copy of Ghost Plane, mine has truly gone walk about; I think we are going to have to be very granular with rendition info soon. Probably wouldn’t hurt to comb through the EU’s rapporteur content to see if there is a different timeline from EU perspective, n’est-ce pas?

      • thatvisionthing says:

        Another TV show coming up that I wonder about — PBS (apparently it was on tonight — I missed it — and will repeat here July 2 at 4 a.m.) Nova scienceNOW:

        Breakthroughs in the engineering of artificial diamonds; the science that went into solving the deadly post – 9/11 anthrax attacks and the ingenious technique researchers developed to pinpoint the source; “AutoTune,” the controversial computer pitch-correction software that turns sour notes into sweet ones; and a profile of computer scientist Luis von Ahn.

        I thought the anthrax story never was resolved — ?

  9. thatvisionthing says:

    Question to the experts — “Manning memo” or “White House memo” was covered on KO tonight as well as on Daily Kos yesterday — I thought it was old news, where Bush and Blair met and Bush suggested a false flag UN flight over Iraq to provoke Saddam into shooting at it and starting the war. The DKos story has an interesting detail that says Bush told Blair he had briefed congressional intelligence committee leaders, on or before February 16, 2002. (Timeline?)

    http://www.dailykos.com/storyo…..0214/71374

    That Bush was interested in provoking Iraq is confirmed by extensive covert operations called DB/Anabasis reported by Michael Isikoff and David Corn in their 2006 book “Hubris: The Inside Story of Spin, Scandal, and the Selling of the Iraq War.” These operations “envisioned staging a phony incident that could be used to start a war. A small group of Iraqi exiles would be flown into Iraq by helicopter to seize an isolated military base near the Saudi border. They then would take to the airwaves and announce a coup was under way. If Saddam responded by flying troops south, his aircraft would be shot down by US fighter planes patrolling the no-fly zones established by UN edict after the first Persian Gulf War. A clash of this sort could be used to initiate a full-scale war. On February 16, 2002, President Bush signed covert findings authorizing the various elements of Anabasis. The leaders of the congressional intelligence committees — including Porter Goss, a Republican, and Senator Bob Graham, a Democrat — were briefed.”

    I’m guessing that Bush lied to the British about Congress (or at least Graham?) being briefed to false flag? Maybe I’m misreading the story. I don’t see a link to the memo itself.

    • acquarius74 says:

      OMG, that visionthing!:

      On February 16, 2002, President Bush signed covert findings authorizing the various elements of Anabasis.

      I started by searching the word, Anabasis. You’re probably way ahead of me on this….so, who in Bush/Co’s closest circle was the scholar of ancient Greek warfare? Do you think the PNAC group led W to believe he could become the next Alexander the Great?? Just how mad, literally, was/is that bunch?

      Legend has it that Alexander the Great was inspired by Xenophon’s writings [entitled, “Anabasis”] of his adventures with Cyrus in his attempt to conquer Persia. The word, anabasis, meaning ‘inland and upward from the coast’.

      In reading online versions of Xenophon’s ‘Anabasis’, the states (now countries) that Cyrus conquered in that story surely sound much like the countries on Bush’s list of the Axis of Evil; Iraq, Syria, Iran, Gaza, [Egypt is already our puppet]…can’t remember the others on the list which lie within the Middle East.

      And 02/16/2002 GWB had the audacity/madness to name his secret ‘finding’, the Anabasis ???

      What an awesome door you have opened, thatvisionthing! I must try to learn more of that GWB 02/16/2002 finding.

      • Mary says:

        Historycommons on Anabasis:

        http://www.historycommons.org/…..anabasis_1

        One “nifty” part of the plan originally was to entice disloyal elements in the very hopes that Sadaam would then kill the guys we enticed.

        …the CIA would send a team of paramilitary CIA officers to recruit disloyal Iraqi officers by offering them large chunks of cash. The CIA would conduct a disinformation campaign aimed at making Hussein believe that there was growing internal dissent. Hussein would become increasingly paranoid and eventually implement a repressive internal security policy, mostly likely involving the executions of suspected disloyal officers.

        emph added

        There’s some incentive to work with the CIA, a little sweetner to go with their abilities at disappearing children and sodomy.

        • acquarius74 says:

          Oh, thank you, Mary. I’ll go to your link next. I tracked back from thatvisionthing’s link to dkos, then back to tinyrevolution.com, which ref’d Philippe Sands book, Lawless World in which he first mentioned the Bush 02/16/2002 finding which authorized elements of Operation Anabasis.

          I could not believe what I was reading! The comments at tinyrevolution are excellent and some there also had detected the Alexander the Great delusion. Mary, this is something out of the Twilight Zone! “cooked up by two CIA operatives”. Back in the day, people with Napolean delusions were put away in the asylum – Now if you scheme to become Alexander the Great you run the most powerful country in the world. And every last one of them is walking free on the earth!

          In reading the online version of Anabasis, the words leapt out at me when I read that Cyrus had imprisoned the wives and children of some of his officers to ensure loyalty.

          You know GWB was not a Greek scholar – so who planted, watered and nourished this insane plan?

          I’m going to your link now; hope I can bear what I find there.

        • thatvisionthing says:

          You know GWB was not a Greek scholar – so who planted, watered and nourished this insane plan?

          That’s a really good question, or at least who named the plan… Classical scholar? Blair? Rumsfeld? Or, you know how Suskind reported that the CIA gave telltale code names — Cheney’s was “Edgar,” as in Edgar Bergen the ventriloquist, and of course “Curveball,” the Iraq-Al Qaeda intelligence source… Maybe the CIA named its own program.

        • acquarius74 says:

          Thank you again for that link, Mary. That’s a really good timeline. I never had any use for Gen. Tommy Franks, but he got that one right. (even with his alcohol-soaked brain).

          I’m still stunned and in disbelief. It’s unspeakable and unthinkable.

    • veforvendetta says:

      So, I wonder if anyone will ask Porter Goss and Bob Graham if they were briefed on this? Since it’s surely a classified briefing, they may not be able to acknowledge one way or the other.

      I wonder, in general, how many of these “classified briefings” were conducted over the Bush years, and how many Dems just sat on all this information without doing a damn thing about it?!

Comments are closed.