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(birds chirping)

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Alex Gibney:<i> In 2002, from</i>
<i>a secret location in Thailand,</i>

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<i>CIA officers
cabled headquarters</i>

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<i>with details
about the interrogation</i>

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<i>of a prisoner.</i>

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<i>Techniques to be used
might cause him to die,</i>

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<i>in which case
he would be cremated</i>

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<i>so his body
would not be found.</i>

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<i>But if he survived,
there was a concern.</i>

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<i>Would the agency give
reasonable assurances</i>

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<i>that the prisoner
would remain in isolation,</i>

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<i>possibly forever?</i>

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<i>Headquarters reassured
the team.</i>

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<i>The detainee "will never
be placed in a situation</i>

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<i>"where he has
any significant contact</i>

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<i>"with others</i>

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<i>"and should remain
incommunicado</i>

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<i>for the remainder
of his life."</i>

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♪ ♪

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<i>Nearly 20 years later,
the CIA has kept its promise.</i>

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<i>The detainee lives
in Camp 5</i>

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<i>in Guantanamo Prison</i>

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<i>on the southeastern tip
of Cuba,</i>

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<i>a few hundred yards
from an ocean</i>

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<i>he can hear
but is not allowed to see.</i>

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(waves crashing)

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<i>He's never been charged
with a crime.</i>

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<i>He's never been permitted
to challenge his detention.</i>

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<i>He's been told
that will never change.</i>

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(somber music playing)

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(sirens wailing,
people shouting)

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(loud boom)

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(rumbling)

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(siren wailing)

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Alberto J. Mora:
<i>There was a fear and fury</i>

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<i>that gripped the nation
after 9/11.</i>

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I was in the Pentagon
the day the aircraft hit

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and then worked in the Pentagon
for the next four years.

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<i>There was the fear
that the next attack</i>

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<i>would come tomorrow</i>

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<i>or that afternoon
or in the next half hour.</i>

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<i>And the fury</i>

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<i>at the sheer inhumanity
of 3,000 murders.</i>

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There was
a bedrock conviction

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that the individuals
who had planned this attack

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and executed it

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had opted
out of the human race.

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<i>I don't think there was
an American who didn't feel</i>

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<i>that we had
to go back hard.</i>

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<i>That was
the national emotion.</i>

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<i>And I think in the process,
we lost our bearings in time.</i>

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Lawrence Wilkerson:
<i>We did some really</i>
<i>stupid things</i>

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<i>in those first few days
based on our fear</i>

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<i>and based on an attempt
to try and secure the people.</i>

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<i>There was this expectation</i>

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we're going
to get hit again,

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it's going to hit
the White House

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is going to hit
the State Department.

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I looked out my window
and saw National Airport,

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and I said, whoa,
that's about ten seconds away.

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And I didn't want to stay
in my office, you know.

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That's how,
that's how frenetic

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the atmosphere was
at that time.

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<i>I think those
first few days</i>

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<i>were a struggle
in the mind</i>

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<i>for the President
and the Vice President.</i>

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<i>They had failed</i>

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<i>to the order
of Pearl Harbor.</i>

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<i>So they were very afraid
the American people</i>

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<i>were going
to throw them out.</i>

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I want you all to know
this nation stands

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with the good people
of New York City

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and New Jersey
and Connecticut

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as we mourn the loss

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of thousands
of our citizens.

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Person (in crowd):
George, we can't hear you!

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President George W. Bush:
I can hear you.

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(cheering)

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I can hear you, the rest
of the world hears you,

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and the people who knocked
these buildings down

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will hear
all of us soon.

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(cheering)

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(whooping)

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Crowd (chanting):
USA! USA!

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USA! USA!

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USA!
USA!

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USA! USA!

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USA! USA!
USA! USA!

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USA! USA! USA!

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Gibney:
<i>In its righteous anger,</i>
<i>America would strike back...</i>

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<i>with unmatched
fury and force.</i>

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(explosions booming)

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<i>The invasion
of Afghanistan.</i>

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Peter Jennings:
<i>If you're just tuning in</i>
<i>for the first time</i>

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<i>to watch another program,</i>

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it-it's hard to begin

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where to tell you
how much has happened today.

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Gibney:
<i>Shock and awe in Iraq...</i>

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(people cheering)

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<i>...which led to ISIS.</i>

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<i>Which led to more terror
and more targeted killing.</i>

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<i>The global war on terror
has cost us</i>

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<i>eight trillion dollars.</i>

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<i>Nine hundred thousand people
have been killed.</i>

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<i>Thirty-eight million
have been displaced.</i>

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<i>As President Bush promised,
we have made ourselves heard.</i>

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(explosion booms)

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<i>With all our money
and might,</i>

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<i>did we inspire the world
with our ideals?</i>

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<i>We retreated
from Afghanistan in defeat,</i>

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<i>leaving resentment
and betrayal in our wake.</i>

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<i>What led us
to this place?</i>

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<i>I would argue
that it all started</i>

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<i>as a failure
of intelligence,</i>

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<i>both of our
intelligence agencies</i>

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<i>and ourselves
as citizens</i>

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<i>in our refusal
to listen to anything</i>

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<i>but what we wanted
to hear.</i>

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(triumphant theme playing)

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Announcer:
<i>Live from Camp David,</i>

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<i>a special edition
of "Meet the Press"</i>

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<i>with Tim Russert.</i>

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<i>An exclusive interview with
Vice President Dick Cheney.</i>

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And we are green top
in the shadows

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of the presidential retreat
at Camp David.

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Mr. Vice President,
good morning and welcome.

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Morning, Tim.

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There have been
restrictions placed

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on the United States
intelligence gathering,

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reluctance to use
unsavory characters,

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those who violated
human rights to assist
in intelligence gathering.

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Will we lift some
of those restrictions?

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Well, I think so.
I think, uh,

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if you're gonna deal only
with, uh, sort of, uh...

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officially approved
certified good guys,

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you're not going to find out
what the bad guys are doing.

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It is a mean, nasty, dangerous,
dirty business out there,

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and we have to operate
in that arena.

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Uh, I'm convinced
we can do it.

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We can do it successfully,
but we need to make certain

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that we have not tied
the hands, if you will,

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of our
intelligence communities

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in terms of accomplishing
their mission.

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John Rizzo:<i> I knew</i>
<i>based on my experience</i>

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that CIA would be directed,

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be given legal authorities
that it had never had.

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<i>So I was trying to think
of every conceivable</i>

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<i>and legal action
we could take</i>

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<i>on a covert basis to counter
what had just happened</i>

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<i>and also,
above all, prevent</i>

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another 9/11
from happening.

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Scatter, scatter,
please go home.

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Rizzo:
<i>I remember that morning</i>

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<i>there was an evacuation
of the CIA headquarters.</i>

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Let's go.

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Rizzo:
<i>I saw my fellow</i>
<i>employees walking,</i>

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<i>many running,
to their cars.</i>

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<i>It quickly developed
a huge gridlock.</i>

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<i>So I thought to myself,
well, to hell with it,</i>

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<i>I'm just going
to stay here.</i>

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<i>So I closed the door
of my office.</i>

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<i>And honestly, in those
first few minutes,</i>

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I started scribbling down

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uh, the implications
of what was happening

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<i>and what CIA
might be asked to do</i>

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<i>in the wake
of these attacks.</i>

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<i>I was literally brainstorming
at that point.</i>

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Wilkerson:
<i>It was quite clear</i>

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<i>with a threat like Al-Qaeda,</i>

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we were going to have
a problem with intelligence,

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especially the kind
you get on the battlefield.

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<i>So people started
looking around</i>

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<i>for who could be
the best</i>

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<i>to interrogate anyone detained
on that battlefield.</i>

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<i>And lo and behold,
there weren't any.</i>

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<i>The best we could do
was 12 or 13</i>

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<i>who had done it before
at the FBI.</i>

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Daniel J. Jones:<i> I came</i>
<i>to the Senate from spending</i>

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a number of years in the FBI
doing counter-terrorism work,

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specifically Al-Qaeda
international operations.

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<i>And I think the CIA
truly believed,</i>

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<i>Tenet particularly,
that it was their fault</i>

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<i>for not catching 9/11.</i>

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<i>After all, they never
passed information</i>

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<i>about the hijackers
to the FBI.</i>

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<i>So they wanted to be the
individuals with the successes.</i>

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They wanted to be

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the tip of the spear,
so to speak, in this fight,

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notwithstanding the fact
that they weren't prepared.

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And this wasn't
something the CIA

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has historically engaged in.

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<i>But six days after 9/11,</i>

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<i>a covert action authority
was signed by the President</i>

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<i>giving different US
government agencies,</i>

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particularly the CIA,
special secret powers

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to battle Al-Qaeda
and keep the country safe.

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Rizzo:<i> Capture and detain</i>
<i>senior Al-Qaeda officials.</i>

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<i>These are words
I wrote that first morning.</i>

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00:10:01,709 --> 00:10:03,250
<i>But of course,
prior to 9/11,</i>

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00:10:03,334 --> 00:10:07,500
<i>CIA had never captured
or detained anybody.</i>

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00:10:07,584 --> 00:10:09,626
<i>They would sometimes
question people</i>

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00:10:09,709 --> 00:10:11,834
<i>that a foreign
allied government</i>

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00:10:11,918 --> 00:10:13,292
<i>had captured overseas.</i>

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00:10:13,375 --> 00:10:15,834
But we had never
operated a system

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00:10:15,918 --> 00:10:17,792
where we would do
the capturing

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00:10:17,876 --> 00:10:20,542
and we would do the holding
and we would do the detaining.

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00:10:20,626 --> 00:10:24,459
So again, this was
<i>tabula rasa</i> for us
at that point.

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00:10:26,876 --> 00:10:29,709
<i>It was decided
CIA would be responsible</i>

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00:10:29,792 --> 00:10:33,792
<i>for the top echelon
of Al-Qaeda.</i>

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00:10:33,876 --> 00:10:37,042
<i>By that point,
the military had stood up</i>

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00:10:37,125 --> 00:10:41,209
<i>the detention facility
in Guantanamo Bay.</i>

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00:10:41,292 --> 00:10:43,626
<i>The thought was that
would be largely preserved</i>

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00:10:43,709 --> 00:10:45,459
<i>for lower-ranking officials</i>

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00:10:45,542 --> 00:10:47,375
but that the CIA
would take the lead

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00:10:47,459 --> 00:10:50,500
for capturing
the higher-level officials.

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Jones:<i> The CIA did do</i>
<i>research on detention</i>

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00:10:54,250 --> 00:10:56,709
<i>and eventually concluded
it was a bad idea.</i>

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00:10:56,792 --> 00:10:59,209
Somebody said the thought
of holding someone endlessly

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is incredibly scary to me.

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00:11:00,709 --> 00:11:02,792
<i>I don't want to be called back
from retirement to say,</i>

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00:11:02,876 --> 00:11:04,334
<i>what do I do with this guy?</i>

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00:11:04,417 --> 00:11:07,417
And yet they begin a detention
interrogation program.

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00:11:07,500 --> 00:11:09,667
Gibney:<i> The interrogation</i>
<i>program was designed,</i>

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00:11:09,751 --> 00:11:13,000
<i>in the words of the CIA,
to do something different.</i>

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00:11:13,083 --> 00:11:16,417
<i>When publicly revealed,
that difference set off</i>

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00:11:16,500 --> 00:11:17,626
<i>a media firestorm.</i>

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00:11:17,709 --> 00:11:19,751
George Tenet:
<i>It's been portrayed as this--</i>

230
00:11:19,834 --> 00:11:21,959
we sat around
the campfire and said,

231
00:11:22,042 --> 00:11:24,584
"Oh boy, now we go get
to torture people."

232
00:11:24,667 --> 00:11:27,209
Well, we don't
torture people.

233
00:11:27,292 --> 00:11:30,626
Let me say that again to you.
We don't torture people.

234
00:11:30,709 --> 00:11:32,417
-Okay.
-Come on, George.

235
00:11:32,500 --> 00:11:34,792
-We don't torture people--
-Khalid Shaikh Mohammed?

236
00:11:34,876 --> 00:11:36,042
We don't torture--

237
00:11:36,125 --> 00:11:37,709
-Waterboarding?
-We do not...

238
00:11:37,792 --> 00:11:39,918
-It's torture.
-I don't talk about techniques,
and we don't torture people.

239
00:11:40,000 --> 00:11:42,000
Now listen to--
No, listen to me.

240
00:11:42,083 --> 00:11:43,209
I want you to listen to me.

241
00:11:43,292 --> 00:11:45,584
I know that this program

242
00:11:45,667 --> 00:11:47,209
has saved lives.

243
00:11:47,292 --> 00:11:50,209
I know
we've disrupted plots.

244
00:11:50,292 --> 00:11:52,167
Gibney:<i> For years,</i>
<i>the CIA promoted</i>

245
00:11:52,250 --> 00:11:56,292
<i>its new interrogation program
as a success.</i>

246
00:11:56,375 --> 00:12:00,125
<i>George Tenet was awarded
the Presidential Medal
of Freedom.</i>

247
00:12:00,209 --> 00:12:03,209
<i>The CIA worked closely with
celebrated Hollywood filmmakers</i>

248
00:12:03,292 --> 00:12:04,792
<i>to promote a fable</i>

249
00:12:04,876 --> 00:12:06,667
<i>that its
interrogation techniques</i>

250
00:12:06,751 --> 00:12:08,125
<i>were tough but necessary</i>

251
00:12:08,209 --> 00:12:10,542
<i>and were responsible
for locating the hideout</i>

252
00:12:10,626 --> 00:12:12,000
<i>of Osama Bin Laden.</i>

253
00:12:12,083 --> 00:12:13,751
It's one of the great stories
of our time.

254
00:12:13,834 --> 00:12:15,918
Gibney:
<i>When critics tried to sort</i>
<i>truth from fiction,</i>

255
00:12:16,000 --> 00:12:18,042
<i>they found
alternate accounts hidden</i>

256
00:12:18,125 --> 00:12:20,417
<i>behind the black lines
of redactions</i>

257
00:12:20,500 --> 00:12:22,792
<i>and at the bottom
of shredding machines.</i>

258
00:12:24,500 --> 00:12:26,292
<i>Finding out
what really happened</i>

259
00:12:26,375 --> 00:12:27,709
<i>would require
putting together</i>

260
00:12:27,792 --> 00:12:29,417
<i>bits and pieces
of evidence that remained</i>

261
00:12:29,500 --> 00:12:33,667
<i>along with testimony
not censored by the CIA.</i>

262
00:12:34,918 --> 00:12:36,542
Rizzo:<i> As soon as</i>
<i>the President signed</i>

263
00:12:36,626 --> 00:12:38,626
<i>the Presidential finding,</i>

264
00:12:38,709 --> 00:12:40,876
<i>CIA began planning.</i>

265
00:12:40,959 --> 00:12:43,709
<i>The way I was thinking was
to just pull everything</i>

266
00:12:43,792 --> 00:12:44,918
<i>out of the toolkit.</i>

267
00:12:45,000 --> 00:12:46,667
<i>I mean, we were starting
at square one.</i>

268
00:12:46,751 --> 00:12:48,626
<i>We were scouting
potential locations</i>

269
00:12:48,709 --> 00:12:50,667
<i>where these
Al-Qaeda officials,</i>

270
00:12:50,751 --> 00:12:53,250
<i>if captured,
would be held.</i>

271
00:12:53,334 --> 00:12:55,250
<i>And the event that really
propelled it, of course,</i>

272
00:12:55,334 --> 00:12:58,459
was when we did capture
our first high-level official,

273
00:12:58,542 --> 00:13:01,125
<i>a man named
Abu Zubaydah.</i>

274
00:13:01,209 --> 00:13:03,083
News Anchor:
<i>US officials tell NBC News</i>

275
00:13:03,167 --> 00:13:05,751
Zubaydah may have been
nabbed just in time.

276
00:13:05,834 --> 00:13:08,792
Intelligence reports indicate
he was already planning

277
00:13:08,876 --> 00:13:10,792
the next wave
of terrorist attacks

278
00:13:10,876 --> 00:13:13,334
against US targets.

279
00:13:13,417 --> 00:13:15,834
Gibney:<i> Abu Zubaydah</i>
<i>is the forever prisoner</i>

280
00:13:15,918 --> 00:13:17,417
<i>at the heart of this story.</i>

281
00:13:17,500 --> 00:13:20,792
<i>His capture, detention,
and interrogation by the CIA</i>

282
00:13:20,876 --> 00:13:24,375
<i>is the origin story
of America's failure
of intelligence</i>

283
00:13:24,459 --> 00:13:26,209
<i>and our retreat
from the ideals</i>

284
00:13:26,292 --> 00:13:28,083
<i>we claim to be fighting for.</i>

285
00:13:28,167 --> 00:13:31,042
<i>For many years, it was
an impossible story to tell</i>

286
00:13:31,125 --> 00:13:34,542
<i>because the CIA prevented
key witnesses from talking.</i>

287
00:13:34,626 --> 00:13:38,500
<i>One of those was
the ex-FBI agent Ali Soufan.</i>

288
00:13:38,584 --> 00:13:40,334
<i>When he first testified
in Congress,</i>

289
00:13:40,417 --> 00:13:42,167
<i>he was behind
a black screen.</i>

290
00:13:42,250 --> 00:13:45,417
<i>When he wrote his account
of interrogating Abu Zubaydah,</i>

291
00:13:45,500 --> 00:13:47,667
<i>he was ruthlessly redacted
by the CIA,</i>

292
00:13:47,751 --> 00:13:50,000
<i>which even censored the use</i>

293
00:13:50,083 --> 00:13:52,500
<i>of his own
first person pronoun.</i>

294
00:13:52,584 --> 00:13:55,542
It's very difficult, to me,
to put it out for you

295
00:13:55,626 --> 00:13:57,250
when I cannot talk
about the story,

296
00:13:57,334 --> 00:13:59,459
the, you know
what's going on.

297
00:13:59,542 --> 00:14:01,542
So you can,
you can see that.

298
00:14:01,626 --> 00:14:03,542
You can see here
the one-letter word.

299
00:14:03,626 --> 00:14:05,918
Gibney:<i> Rather than fight</i>
<i>an endless legal battle,</i>

300
00:14:06,000 --> 00:14:10,083
<i>Soufan chose to publish
with whole pages blacked out.</i>

301
00:14:10,167 --> 00:14:12,417
<i>It was the protest
that made my interview</i>

302
00:14:12,500 --> 00:14:14,167
<i>with Soufan very difficult.</i>

303
00:14:14,250 --> 00:14:16,042
You call this guy Boris.

304
00:14:16,125 --> 00:14:18,667
-Is Boris his real name?
-No.

305
00:14:18,751 --> 00:14:21,918
I cannot talk about,
uh, about him,

306
00:14:22,000 --> 00:14:24,959
and I cannot even mention
his real name.

307
00:14:28,751 --> 00:14:30,959
Gibney:
<i>This is Boris.</i>

308
00:14:31,042 --> 00:14:32,709
<i>His real name
is James Mitchell.</i>

309
00:14:32,792 --> 00:14:36,250
<i>He also wrote a book
about the interrogation
of Abu Zubaydah.</i>

310
00:14:36,334 --> 00:14:40,792
<i>But Mitchell's book had
the full cooperation
of the CIA.</i>

311
00:14:40,876 --> 00:14:43,959
<i>Because Mitchell was
the inventor of EITs,</i>

312
00:14:44,042 --> 00:14:46,167
<i>the acronym for what
the CIA called</i>

313
00:14:46,250 --> 00:14:48,209
<i>Enhanced
Interrogation Techniques</i>

314
00:14:48,292 --> 00:14:51,334
<i>and what the rest
of the world called torture.</i>

315
00:14:52,459 --> 00:14:54,417
If my boss tells me
it's legal,

316
00:14:54,500 --> 00:14:57,334
especially if the President
has approved it,

317
00:14:57,417 --> 00:14:59,334
I'm not going to get
into the nuances

318
00:14:59,417 --> 00:15:01,709
about what some guy
in the basement

319
00:15:01,792 --> 00:15:04,167
or what some journalist
thinks about it.

320
00:15:04,250 --> 00:15:06,792
Because they're free
to trade places with me

321
00:15:06,876 --> 00:15:08,918
any time they think
they can do a better job

322
00:15:09,000 --> 00:15:11,584
of protecting Americans.

323
00:15:11,667 --> 00:15:13,626
Gibney:<i> If you hear</i>
<i>a little bit of agitation</i>

324
00:15:13,709 --> 00:15:14,959
<i>in Mitchell's voice,</i>

325
00:15:15,042 --> 00:15:16,792
<i>it's on account
of his own frustration</i>

326
00:15:16,876 --> 00:15:19,459
<i>with how the CIA
has portrayed his role.</i>

327
00:15:19,542 --> 00:15:22,250
<i>So we agree
to an interview.</i>

328
00:15:22,334 --> 00:15:25,834
<i>Then I sued the CIA
to get Soufan's book
unredacted.</i>

329
00:15:25,918 --> 00:15:29,500
<i>Unexpectedly,
the CIA backed down.</i>

330
00:15:29,584 --> 00:15:31,918
<i>Soufan agreed to sit down
one more time,</i>

331
00:15:32,000 --> 00:15:35,125
<i>knowing he could now tell me
what really happened.</i>

332
00:15:36,709 --> 00:15:38,042
Since 9/11,

333
00:15:38,125 --> 00:15:41,667
I was nonstop traveling
around the world,

334
00:15:41,751 --> 00:15:46,334
and finally, I came back
around Easter of 2002,

335
00:15:46,417 --> 00:15:50,125
and I was hoping to go with,
uh, spend some Easter time

336
00:15:50,209 --> 00:15:52,500
with the family
in Pennsylvania.

337
00:15:52,584 --> 00:15:54,000
<i>But I got a phone call.</i>

338
00:15:54,083 --> 00:15:55,709
<i>They said, "You're going
to be going to</i>

339
00:15:55,792 --> 00:15:58,292
<i>interview Abu Zubaydah."</i>

340
00:15:58,375 --> 00:16:01,334
<i>They called me because
I've been investigating</i>

341
00:16:01,417 --> 00:16:02,959
<i>Al-Qaeda for a while.</i>

342
00:16:03,042 --> 00:16:06,250
<i>I was involved in the
East Africa embassy bombings,</i>

343
00:16:06,334 --> 00:16:07,918
<i>the "USS Cole" attack,</i>

344
00:16:08,000 --> 00:16:11,334
<i>and I had sources reporting
on Abu Zubaydah.</i>

345
00:16:11,417 --> 00:16:12,918
<i>So Abu Zubaydah wasn't</i>

346
00:16:13,000 --> 00:16:15,042
a character that came
out of nowhere to me.

347
00:16:15,125 --> 00:16:16,918
Abu Zubaydah was
an individual,

348
00:16:17,000 --> 00:16:18,334
a terrorist, an operative,

349
00:16:18,417 --> 00:16:21,584
that I've been following,
uh, on for a while.

350
00:16:21,667 --> 00:16:25,918
And that's why, at the time,
the FBI and the CIA,

351
00:16:26,000 --> 00:16:28,167
they felt that
I should be there

352
00:16:28,250 --> 00:16:30,876
helping the CIA
interrogating Abu Zubaydah.

353
00:16:38,417 --> 00:16:40,417
Rizzo:
<i>Abu Zubaydah was captured</i>

354
00:16:40,500 --> 00:16:42,709
<i>in a firefight
in Pakistan,</i>

355
00:16:42,792 --> 00:16:44,918
<i>and he was
immediately whisked</i>

356
00:16:45,000 --> 00:16:50,584
to the then brand-new
first CIA detention facility.

357
00:16:50,667 --> 00:16:54,125
<i>Personnel were assigned there
in, literally, days.</i>

358
00:17:03,792 --> 00:17:06,375
Ali Soufan:
<i>We came with the CIA,</i>

359
00:17:06,459 --> 00:17:08,542
<i>a couple of officers</i>

360
00:17:08,626 --> 00:17:12,042
<i>plus a medic
and two doctors.</i>

361
00:17:12,125 --> 00:17:14,542
<i>They made it clear to us,
me and Steve Gaudin</i>

362
00:17:14,626 --> 00:17:16,209
<i>who was my partner
at the time,</i>

363
00:17:16,292 --> 00:17:18,459
<i>that we're not there
to interrogate Abu Zubaydah.</i>

364
00:17:18,542 --> 00:17:21,751
We're just there to assist
the CIA in the interrogation

365
00:17:21,834 --> 00:17:25,584
because of the knowledge
and the expertise

366
00:17:25,667 --> 00:17:27,500
we have on this subject.

367
00:17:27,584 --> 00:17:29,626
They basically read us
these instructions of,

368
00:17:29,709 --> 00:17:31,959
"Hey, listen, it's
a whole 'nother ball game.

369
00:17:32,042 --> 00:17:33,751
"It's a whole
another world now.

370
00:17:33,834 --> 00:17:37,459
"This is all about preventing
the next September 11th.

371
00:17:37,542 --> 00:17:39,500
This isn't about prosecution."

372
00:17:39,584 --> 00:17:41,584
It changed...

373
00:17:41,667 --> 00:17:45,417
the scope and nature
of pretty much everything

374
00:17:45,500 --> 00:17:48,667
Ali and I had probably
ever done before to that day.

375
00:17:50,417 --> 00:17:52,584
<i>So we got to this location,</i>

376
00:17:52,667 --> 00:17:54,751
<i>pretty rural area.</i>

377
00:17:54,834 --> 00:17:56,292
It wasn't like
we walked into

378
00:17:56,375 --> 00:17:58,959
this nice, beautiful "site,"
so to speak.

379
00:17:59,042 --> 00:18:01,209
It was just like a house.

380
00:18:01,292 --> 00:18:03,542
<i>Next thing we know,
an ambulance gets there,</i>

381
00:18:03,626 --> 00:18:06,751
<i>and they carry Zubaydah
by Ali and I</i>

382
00:18:06,834 --> 00:18:09,000
<i>into the house.</i>

383
00:18:09,083 --> 00:18:11,292
Soufan:<i> Abu Zubaydah</i>
<i>was finally captured</i>

384
00:18:11,375 --> 00:18:13,250
<i>in Faisalabad, Pakistan.</i>

385
00:18:13,334 --> 00:18:16,918
<i>He tried to escape,
and he was shot in the process.</i>

386
00:18:17,000 --> 00:18:21,125
<i>So he required
intensive medical care.</i>

387
00:18:21,209 --> 00:18:23,417
Steve Gaudin:
<i>He had been shot</i>
<i>a number of times,</i>

388
00:18:23,500 --> 00:18:26,334
<i>mostly abdominal
and in the leg.</i>

389
00:18:26,417 --> 00:18:29,500
But, and this was very strange
to both Ali and I,

390
00:18:29,584 --> 00:18:31,584
the folks in charge
for some reason

391
00:18:31,667 --> 00:18:33,125
were starting to doubt
whether or not

392
00:18:33,209 --> 00:18:34,667
he was actually Abu Zubaydah.

393
00:18:36,792 --> 00:18:38,959
Soufan:
<i>We went to the chief of base,</i>

394
00:18:39,042 --> 00:18:41,709
<i>and we said, "When do you want
to start the interview?"</i>

395
00:18:41,792 --> 00:18:43,334
And he said,
"Look, me and my guys,

396
00:18:43,417 --> 00:18:45,250
"we have no idea
who the guy is.

397
00:18:45,334 --> 00:18:48,083
"We don't know anything
about these groups.

398
00:18:48,167 --> 00:18:49,751
You know about this guy,
don't you?"

399
00:18:49,834 --> 00:18:51,334
We're like, "Yeah."
He said, "Well, pff,

400
00:18:51,417 --> 00:18:52,500
"what are you waiting for?

401
00:18:52,584 --> 00:18:54,584
Go and start
interrogating him."

402
00:18:55,792 --> 00:18:57,876
<i>So Steve and I,
we go in.</i>

403
00:18:57,959 --> 00:19:01,209
<i>Abu Zubaydah was handcuffed
to the gurney.</i>

404
00:19:01,292 --> 00:19:04,709
He has a bag, a big bag
on his, on his head.

405
00:19:05,959 --> 00:19:08,334
<i>I said, </i>"Salaam alaikum,
alaikum as-salaam,

406
00:19:08,417 --> 00:19:11,500
<i>peace be upon you."
And I said,
"What's your name?"</i>

407
00:19:11,584 --> 00:19:14,209
And he looked very different
than the pictures.

408
00:19:14,292 --> 00:19:15,876
He does not have a beard.

409
00:19:15,959 --> 00:19:17,918
It seems that he had
some procedure

410
00:19:18,000 --> 00:19:19,959
in order to alter
his, his shape.

411
00:19:20,042 --> 00:19:22,959
<i>And he had a cloudy eye.</i>

412
00:19:23,042 --> 00:19:25,292
<i>One of his eyes was,
like, getting infected,</i>

413
00:19:25,375 --> 00:19:28,250
and he was kind of
looking confused,

414
00:19:28,334 --> 00:19:31,209
"Who the heck is this guy
who's speaking Arabic to me

415
00:19:31,292 --> 00:19:33,500
and where the hell
am I, right?"

416
00:19:33,584 --> 00:19:35,083
So I said,
"What's your name?"

417
00:19:35,167 --> 00:19:38,542
And he said "Daoud,"

418
00:19:38,626 --> 00:19:39,751
one of his aliases.

419
00:19:39,834 --> 00:19:42,083
It means David in Arabic.

420
00:19:42,167 --> 00:19:45,250
And I said, "Okay,
so what if I call you Hani?

421
00:19:47,083 --> 00:19:50,709
<i>He had that, "oh, my gig is up"
look on his face.</i>

422
00:19:51,834 --> 00:19:53,709
<i>Hani is the name
that his mother</i>

423
00:19:53,792 --> 00:19:56,083
<i>nicknamed him as a child.</i>

424
00:19:56,167 --> 00:19:59,709
<i>So he was shocked to hear
that name coming from me.</i>

425
00:20:08,667 --> 00:20:11,042
Hesham Abu Zubaidah:
<i>His birth name actually</i>
<i>is Zayn al-Abidin.</i>

426
00:20:11,125 --> 00:20:13,042
<i>But my mother
called him Hani.</i>

427
00:20:15,959 --> 00:20:18,626
And he was five
or six years older than me.

428
00:20:18,709 --> 00:20:22,375
He was a really great artist.
He, he liked to draw.

429
00:20:24,334 --> 00:20:27,334
<i>I remember the first drawing
I saw from him.</i>

430
00:20:27,417 --> 00:20:30,709
<i>He had a hand holding a pen
and drawing an eye.</i>

431
00:20:30,792 --> 00:20:33,250
<i>And the eye had
a tear coming out it.</i>

432
00:20:33,334 --> 00:20:35,334
<i>He carried pain with him.</i>

433
00:20:35,417 --> 00:20:38,209
<i>He used to express
his feeling by drawing.</i>

434
00:20:40,626 --> 00:20:42,250
<i>When I go
through his diary,</i>

435
00:20:42,334 --> 00:20:46,250
<i>I have so much good memory
with that guy.</i>

436
00:20:46,334 --> 00:20:50,709
<i>He was a really nice,
funny older brother.</i>

437
00:20:50,792 --> 00:20:52,542
<i>I don't remember
his being religious.</i>

438
00:20:52,626 --> 00:20:53,709
<i>He used to play piano,</i>

439
00:20:53,792 --> 00:20:55,417
he used to have
a girlfriend upstairs,

440
00:20:55,500 --> 00:20:56,918
you know,
and he used to smoke,

441
00:20:57,000 --> 00:20:59,334
go out with his friends.

442
00:20:59,417 --> 00:21:01,959
Gibney:<i> When Abu Zubaydah</i>
<i>was captured in Pakistan,</i>

443
00:21:02,042 --> 00:21:04,792
<i>FBI and CIA agents
thought they had nabbed</i>

444
00:21:04,876 --> 00:21:07,083
<i>a diabolical
Al-Qaeda mastermind.</i>

445
00:21:07,167 --> 00:21:09,834
<i>They found photos
of his many disguises,</i>

446
00:21:09,918 --> 00:21:11,876
<i>a bundle of fake passports,</i>

447
00:21:11,959 --> 00:21:14,167
<i>an address book
of Al-Qaeda operatives,</i>

448
00:21:14,250 --> 00:21:15,751
<i>and a videotape</i>

449
00:21:15,834 --> 00:21:17,792
<i>taken from a hideout
in Afghanistan.</i>

450
00:21:24,542 --> 00:21:27,083
(speaking in foreign language)

451
00:21:37,209 --> 00:21:38,751
Gibney:<i> If the video</i>
<i>was incriminating,</i>

452
00:21:38,834 --> 00:21:41,209
<i>there were other materials
that showed evidence</i>

453
00:21:41,292 --> 00:21:42,876
<i>of a more complex character.</i>

454
00:21:42,959 --> 00:21:45,500
<i>There was a diary in which
the young Hani spoke</i>

455
00:21:45,584 --> 00:21:47,083
<i>to himself in the future,</i>

456
00:21:47,167 --> 00:21:50,250
<i>hoping that that future Hani,
Hani number two,</i>

457
00:21:50,334 --> 00:21:51,709
<i>would have the wisdom
to understand</i>

458
00:21:51,792 --> 00:21:53,918
<i>the troubled life
of Hani one,</i>

459
00:21:54,000 --> 00:21:55,751
<i>a Palestinian in exile.</i>

460
00:21:55,834 --> 00:21:56,876
♪ ♪

461
00:21:56,959 --> 00:22:00,083
<i>♪ The ship
is like a ghost... ♪</i>

462
00:22:00,167 --> 00:22:01,918
Gibney:<i> After growing up</i>
<i>in Saudi Arabia,</i>

463
00:22:02,000 --> 00:22:04,918
<i>he left home
and spent a few years
traveling the world,</i>

464
00:22:05,000 --> 00:22:06,667
<i>gliding in and out
of colleges,</i>

465
00:22:06,751 --> 00:22:09,083
<i>odd jobs, and love affairs.</i>

466
00:22:09,167 --> 00:22:12,000
<i>His diaries are filled
with hookups and romances</i>

467
00:22:12,083 --> 00:22:14,667
<i>as he tries to reconcile
his sexual desires</i>

468
00:22:14,751 --> 00:22:16,500
<i>with the dictates of Islam.</i>

469
00:22:16,584 --> 00:22:19,667
<i>From Bangkok to Manila
to St. Louis,</i>

470
00:22:19,751 --> 00:22:21,417
<i>he was a rootless wanderer</i>

471
00:22:21,500 --> 00:22:24,584
<i>whose life soundtrack was
the music of Chris de Burgh.</i>

472
00:22:24,667 --> 00:22:26,751
♪ Sailor ♪

473
00:22:27,626 --> 00:22:30,250
♪ Can you hear me? ♪

474
00:22:32,375 --> 00:22:34,042
♪ Sailor ♪

475
00:22:35,375 --> 00:22:38,500
♪ Hear my call ♪

476
00:22:38,584 --> 00:22:41,083
Gibney:<i> In 1991,</i>
<i>he found himself in India,</i>

477
00:22:41,167 --> 00:22:44,000
<i>harboring a growing anger
over Israel's treatment</i>

478
00:22:44,083 --> 00:22:45,459
<i>of his fellow Palestinians.</i>

479
00:22:46,542 --> 00:22:48,375
<i>That sense
of injustice led him,</i>

480
00:22:48,459 --> 00:22:52,542
<i>like so many Muslim men,
to the land of jihad.</i>

481
00:22:52,626 --> 00:22:55,042
<i>"To hell with Chris de Burgh"
wrote Hani 1,</i>

482
00:22:55,125 --> 00:22:57,459
<i>"I desire to be a martyr."</i>

483
00:22:58,584 --> 00:23:02,792
<i>♪ Take me home ♪</i>

484
00:23:03,542 --> 00:23:06,167
(mortars firing)

485
00:23:10,292 --> 00:23:12,250
Soufan:<i> Abu Zubaydah</i>
<i>went to Afghanistan</i>

486
00:23:12,334 --> 00:23:14,500
<i>in the early '90s.</i>

487
00:23:14,584 --> 00:23:18,626
<i>And during a battle
against the Najibullah regime,</i>

488
00:23:18,709 --> 00:23:23,584
<i>he was hit with a bullet,
and he lost his memory.</i>

489
00:23:29,125 --> 00:23:32,083
<i>After he recovered,
he went to Al-Qaeda,</i>

490
00:23:32,167 --> 00:23:34,959
<i>and he said he wanted
to join Al-Qaeda.</i>

491
00:23:35,042 --> 00:23:36,375
<i>But they were very hesitant</i>

492
00:23:36,459 --> 00:23:38,584
<i>to allow somebody
like him to join</i>

493
00:23:38,667 --> 00:23:40,834
<i>because of his
state of mind.</i>

494
00:23:40,918 --> 00:23:44,125
So the approval never came,
and he took it personal.

495
00:23:44,209 --> 00:23:45,417
(laughs)

496
00:23:45,500 --> 00:23:48,959
And I don't think he ever
forgave Al-Qaeda for that.

497
00:23:49,042 --> 00:23:52,000
So he started
to do it himself.

498
00:23:52,083 --> 00:23:53,959
Gibney:<i> He became</i>
<i>an independent facilitator</i>

499
00:23:54,042 --> 00:23:56,334
<i>based in Pakistan,
forging passports</i>

500
00:23:56,417 --> 00:23:58,959
<i>and arranging travel
and connections.</i>

501
00:23:59,042 --> 00:24:00,626
<i>He established
a secret network</i>

502
00:24:00,709 --> 00:24:02,000
<i>among many of the jihadis,</i>

503
00:24:02,083 --> 00:24:04,500
<i>who wanted access to
the Khalden training camp</i>

504
00:24:04,584 --> 00:24:05,959
<i>in Afghanistan.</i>

505
00:24:08,542 --> 00:24:10,250
<i>While many came
from different groups</i>

506
00:24:10,334 --> 00:24:11,792
<i>and for different reasons,</i>

507
00:24:11,876 --> 00:24:13,292
<i>Khalden became
a recruiting pool</i>

508
00:24:13,375 --> 00:24:15,083
<i>of operatives
for Bin Laden.</i>

509
00:24:15,167 --> 00:24:17,292
<i>Khalden was not part
of Al-Qaeda,</i>

510
00:24:17,375 --> 00:24:20,125
<i>but many in Washington
were convinced it was.</i>

511
00:24:27,918 --> 00:24:30,083
Rizzo:<i> Abu Zubaydah,</i>
<i>in those early days,</i>

512
00:24:30,167 --> 00:24:34,709
<i>was deemed a very big fish
in the Al-Qaeda organization.</i>

513
00:24:34,792 --> 00:24:36,584
He was one of the few names

514
00:24:36,667 --> 00:24:40,500
that was certainly
recognizable to me.

515
00:24:42,417 --> 00:24:44,792
<i>Prior to 9/11,
the intelligence we had</i>

516
00:24:44,876 --> 00:24:50,167
<i>on the Al-Qaeda hierarchy
was woefully lacking.</i>

517
00:24:50,250 --> 00:24:53,918
<i>Beyond Bin Laden
and his deputy al-Zawahiri,</i>

518
00:24:54,000 --> 00:24:56,167
<i>we really had picked up
the identities</i>

519
00:24:56,250 --> 00:24:59,959
<i>of very few
of the more senior
Al-Qaeda officials.</i>

520
00:25:00,042 --> 00:25:02,125
<i>Abu Zubaydah was
one of the few</i>

521
00:25:02,209 --> 00:25:06,209
<i>that had actually come up
on the radar screen.</i>

522
00:25:06,292 --> 00:25:09,417
<i>And he seemed
to be popping up constantly</i>

523
00:25:09,500 --> 00:25:11,626
<i>as a facilitator,</i>

524
00:25:11,709 --> 00:25:13,709
<i>perhaps operational commander.</i>

525
00:25:13,792 --> 00:25:16,834
Every time, seemingly,
we would chase down
a possible lead

526
00:25:16,918 --> 00:25:19,459
to an Al-Qaeda facility

527
00:25:19,542 --> 00:25:20,876
or individual,

528
00:25:20,959 --> 00:25:23,584
Abu Zubaydah's name
would be attached to it.

529
00:25:28,459 --> 00:25:29,918
Gibney:
<i>In his pre-9/11 diaries,</i>

530
00:25:30,000 --> 00:25:32,751
<i>Abu Zubaydah distanced
himself from Bin Laden.</i>

531
00:25:32,834 --> 00:25:36,209
<i>While he railed against America
for its support of Israel,</i>

532
00:25:36,292 --> 00:25:38,125
<i>he objected to the way
that Bin Laden</i>

533
00:25:38,209 --> 00:25:40,709
<i>was willing
to kill innocents.</i>

534
00:25:40,792 --> 00:25:43,209
<i>Still, he operated
as a kind of travel agent</i>

535
00:25:43,292 --> 00:25:44,792
<i>for all kinds of jihadis,</i>

536
00:25:44,876 --> 00:25:47,375
<i>including Al-Qaeda
foot soldiers.</i>

537
00:25:47,459 --> 00:25:49,334
<i>That confused the CIA.</i>

538
00:25:49,417 --> 00:25:51,876
<i>Field agents identified him
as an independent.</i>

539
00:25:51,959 --> 00:25:54,667
<i>But analysts in Washington
were determined to believe</i>

540
00:25:54,751 --> 00:25:57,876
<i>that he was the number three
or four in Al-Qaeda.</i>

541
00:25:57,959 --> 00:26:01,667
It appears that they thought
he was a central character

542
00:26:01,751 --> 00:26:05,626
from whom they could extract
all manner of intelligence

543
00:26:05,709 --> 00:26:07,417
on Al-Qaeda
for the one hand

544
00:26:07,500 --> 00:26:10,375
and, more importantly,
for intelligence

545
00:26:10,459 --> 00:26:11,918
on what was coming next.

546
00:26:13,542 --> 00:26:15,250
Soufan:
<i>Our main goal was to see</i>

547
00:26:15,334 --> 00:26:16,626
<i>if there is
imminent threat,</i>

548
00:26:16,709 --> 00:26:20,125
so we didn't really
have time to play.

549
00:26:20,209 --> 00:26:22,626
<i>So during that conversation,
we said,</i>

550
00:26:22,709 --> 00:26:24,667
<i>"How do you think
you get caught, Hani?</i>

551
00:26:24,751 --> 00:26:27,292
<i>"What were you doing
that led us to you?</i>

552
00:26:27,375 --> 00:26:29,500
What mistakes did you do?"

553
00:26:29,584 --> 00:26:30,834
And all of a sudden,

554
00:26:30,918 --> 00:26:33,417
he talked about an operation
that he was planning to do.

555
00:26:33,500 --> 00:26:36,542
There was an attack in a country
friendly to the United States.

556
00:26:37,834 --> 00:26:39,459
Gibney:
<i>We forced the US government</i>

557
00:26:39,542 --> 00:26:42,083
<i>to hand over a copy
of Ali Soufan's notes</i>

558
00:26:42,167 --> 00:26:44,834
<i>from his interrogation
of Abu Zubaydah.</i>

559
00:26:44,918 --> 00:26:46,709
<i>The plot revealed
by Zubaydah</i>

560
00:26:46,792 --> 00:26:49,292
<i>involved $100,000
from Saudi Arabia</i>

561
00:26:49,375 --> 00:26:53,626
<i>for an operation to be
conducted in Palestine.</i>

562
00:26:53,709 --> 00:26:55,626
Soufan:
<i>It was a pretty</i>
<i>advanced operation.</i>

563
00:26:55,709 --> 00:26:57,417
<i>So he thought because
of all these calls</i>

564
00:26:57,500 --> 00:27:00,959
<i>and what he was trying to do,
he got caught.</i>

565
00:27:01,042 --> 00:27:03,250
We had no idea
about that operation.

566
00:27:03,334 --> 00:27:05,959
<i>So we, uh, wrote it.</i>

567
00:27:06,042 --> 00:27:08,834
<i>We sent it back
to headquarters,</i>

568
00:27:08,918 --> 00:27:10,042
<i>and we waited.</i>

569
00:27:11,542 --> 00:27:13,125
Gibney:
<i>Back at CIA headquarters,</i>

570
00:27:13,209 --> 00:27:16,209
<i>George Tenet was thrilled
that Abu Zubaydah was talking</i>

571
00:27:16,292 --> 00:27:18,626
<i>and helping to prevent
future plots.</i>

572
00:27:18,709 --> 00:27:21,626
<i>He wanted to congratulate
the CIA agents involved.</i>

573
00:27:21,709 --> 00:27:25,167
<i>But when Tenet was told that
FBI agents were responsible,</i>

574
00:27:25,250 --> 00:27:26,792
<i>he flew into a rage.</i>

575
00:27:26,876 --> 00:27:29,626
<i>He ordered his subordinates
to find a CIA team</i>

576
00:27:29,709 --> 00:27:31,959
<i>to take over
the interrogation.</i>

577
00:27:32,042 --> 00:27:34,292
Rizzo:
<i>The FBI officials on the scene</i>

578
00:27:34,375 --> 00:27:37,626
thought that Zubaydah
was cooperating

579
00:27:37,709 --> 00:27:40,918
and that they were building
a rapport with him.

580
00:27:41,000 --> 00:27:43,667
That was not articulated
to me at the time.

581
00:27:44,876 --> 00:27:47,167
<i>CIA officials were convinced</i>

582
00:27:47,250 --> 00:27:49,167
<i>that he was withholding</i>

583
00:27:49,250 --> 00:27:51,709
<i>far more sensitive
and important stuff,</i>

584
00:27:51,792 --> 00:27:53,709
so I was not told that,

585
00:27:53,792 --> 00:27:55,542
<i>look, the FBI guys think</i>

586
00:27:55,626 --> 00:27:57,375
<i>Zubaydah is telling
everything he knows.</i>

587
00:27:57,459 --> 00:27:59,751
<i>It's just going
to take some time.</i>

588
00:27:59,834 --> 00:28:02,042
But if I had been told

589
00:28:02,125 --> 00:28:06,083
and I'd relayed that
to my CIA management,

590
00:28:06,167 --> 00:28:08,459
I think the response would be,
from CIA management,

591
00:28:08,542 --> 00:28:11,167
"Well, time is
the one thing we don't have."

592
00:28:13,083 --> 00:28:16,209
Gibney:<i> Time plays</i>
<i>a strange role in this story.</i>

593
00:28:16,292 --> 00:28:18,375
<i>There was enormous pressure
to get information</i>

594
00:28:18,459 --> 00:28:21,709
<i>out of Abu Zubaydah
to prevent future attacks.</i>

595
00:28:21,792 --> 00:28:24,500
<i>That's usually
the rationale for torture.</i>

596
00:28:24,584 --> 00:28:26,876
<i>It's called
the ticking time bomb theory.</i>

597
00:28:26,959 --> 00:28:28,876
<i>While the bomb is ticking,
there's no time</i>

598
00:28:28,959 --> 00:28:31,334
<i>to play nice
with bad guys.</i>

599
00:28:31,417 --> 00:28:34,417
<i>But strangely,
the CIA wasn't ready</i>

600
00:28:34,500 --> 00:28:36,209
<i>to take the gloves off.</i>

601
00:28:36,292 --> 00:28:39,792
<i>The agency needed to invent
a new kind of interrogation</i>

602
00:28:39,876 --> 00:28:42,125
<i>that would not land
its agents in jail,</i>

603
00:28:42,209 --> 00:28:44,334
<i>and that would take time.</i>

604
00:28:45,459 --> 00:28:46,876
<i>Meanwhile, in Thailand,</i>

605
00:28:46,959 --> 00:28:48,584
<i>FBI interrogators
were getting</i>

606
00:28:48,667 --> 00:28:50,959
<i>vital information
out of Abu Zubaydah</i>

607
00:28:51,042 --> 00:28:53,250
<i>Out of the blue,
the CIA sent a cable</i>

608
00:28:53,334 --> 00:28:56,626
<i>telling the agents
to stop the interrogation.</i>

609
00:28:56,709 --> 00:28:58,626
<i>That confused
the FBI agents.</i>

610
00:28:58,709 --> 00:29:00,918
<i>What happened
to all the urgency?</i>

611
00:29:01,000 --> 00:29:02,667
<i>But orders are orders.</i>

612
00:29:02,751 --> 00:29:04,375
<i>They were told
to wait for a team</i>

613
00:29:04,459 --> 00:29:06,918
<i>from CIA headquarters
to arrive.</i>

614
00:29:08,626 --> 00:29:09,751
<i>Back in Washington,</i>

615
00:29:09,834 --> 00:29:12,209
<i>the CIA was desperately
trying to figure out</i>

616
00:29:12,292 --> 00:29:13,542
<i>who should be on the team.</i>

617
00:29:13,626 --> 00:29:17,083
<i>And now, there was
no more time left to lose.</i>

618
00:29:19,542 --> 00:29:23,167
<i>The video you're about to see
is a deposition from a lawsuit</i>

619
00:29:23,250 --> 00:29:24,792
<i>brought against key players</i>

620
00:29:24,876 --> 00:29:26,626
<i>of the CIA
interrogation program.</i>

621
00:29:26,709 --> 00:29:28,334
Woman: Can you raise
your right hand, please?

622
00:29:28,417 --> 00:29:30,083
Do you
solemnly swear that...

623
00:29:30,167 --> 00:29:32,167
Other right hand, please.
(laughs)

624
00:29:32,250 --> 00:29:34,125
Gibney:<i> The man wearing</i>
<i>the blue and white tie</i>

625
00:29:34,209 --> 00:29:35,876
<i>is Jose Rodriguez.</i>

626
00:29:35,959 --> 00:29:37,500
<i>In 2002,
he was the head</i>

627
00:29:37,584 --> 00:29:40,083
<i>of the CIA's
Counterterrorism Center,</i>

628
00:29:40,167 --> 00:29:41,125
<i>or CTC.</i>

629
00:29:41,209 --> 00:29:42,334
-Yes, I do.
-Gibney:<i> He was the man</i>

630
00:29:42,417 --> 00:29:43,959
<i>Tenet leaned on to replace</i>

631
00:29:44,042 --> 00:29:45,459
<i>the FBI interrogators</i>

632
00:29:45,542 --> 00:29:47,792
<i>and to find someone
to invent overnight</i>

633
00:29:47,876 --> 00:29:50,667
<i>a new CIA
interrogation program.</i>

634
00:29:50,751 --> 00:29:52,792
Lawyer: I want
to direct your attention

635
00:29:52,876 --> 00:29:54,375
to the time period

636
00:29:54,459 --> 00:29:56,500
in which, um,
doctors Mitchell

637
00:29:56,584 --> 00:29:58,083
and Jessen were hired.

638
00:29:58,167 --> 00:30:00,375
-Mm-hmm.
-Lawyer: Um...

639
00:30:02,209 --> 00:30:04,083
And, uh,
for the record,

640
00:30:04,167 --> 00:30:07,083
doctors Mitchell and Jessen
are here today.

641
00:30:07,167 --> 00:30:09,459
Um, did you select

642
00:30:09,542 --> 00:30:13,042
Dr. Mitchell
to work with CTC?

643
00:30:13,125 --> 00:30:16,709
Once he was recommended
and I met, uh, Dr. Mitchell,

644
00:30:16,792 --> 00:30:20,250
yes, I recommended him
to continue working with us.

645
00:30:20,334 --> 00:30:21,375
Lawyer: Okay.

646
00:30:21,459 --> 00:30:24,000
Um, I want to read you

647
00:30:24,083 --> 00:30:26,417
a passage from your book
"Hard Measures."

648
00:30:26,500 --> 00:30:28,042
<i>-Do you see that there?</i>
-Rodriguez:<i> Mm-hmm.</i>

649
00:30:28,125 --> 00:30:29,709
-Lawyer:<i> That looks like you.</i>
-Rodriguez:<i> That looks like me?</i>

650
00:30:29,792 --> 00:30:31,167
Lawyer:
<i>Yeah. Um...</i>

651
00:30:31,250 --> 00:30:35,667
<i>and, um, if you could take
a look at page 55.</i>

652
00:30:35,751 --> 00:30:37,375
-Rodriguez:<i> Mm-hmm.</i>
-Lawyer:<i> You see that?</i>

653
00:30:37,459 --> 00:30:39,459
<i>And in the second
full paragraph</i>

654
00:30:39,542 --> 00:30:43,334
<i>is the sentence, "Within
two days of AZ's capture,</i>

655
00:30:43,417 --> 00:30:45,584
<i>"we tracked down
the contractor</i>

656
00:30:45,667 --> 00:30:47,250
<i>"and asked if he would
accompany a team</i>

657
00:30:47,334 --> 00:30:49,876
<i>"of CTC officers
to the black site</i>

658
00:30:49,959 --> 00:30:52,417
<i>where we hoped Abu Zubaydah
would be interrogated."</i>

659
00:30:52,500 --> 00:30:53,751
<i>-Do you see that?</i>
-Rodriguez:<i> Yes.</i>

660
00:30:53,834 --> 00:30:56,834
Lawyer:<i> First of all,</i>
<i>the reference to AZ</i>

661
00:30:56,918 --> 00:30:58,375
<i>is Abu Zubaydah, correct?</i>

662
00:30:58,459 --> 00:30:59,959
-Rodriguez:<i> Correct.</i>
-Lawyer:<i> And the reference</i>

663
00:31:00,042 --> 00:31:03,417
<i>to the contractor
is Dr. Mitchell.
Is that correct?</i>

664
00:31:03,500 --> 00:31:04,542
-Rodriguez:<i> Correct.</i>
-Lawyer:<i> Okay.</i>

665
00:31:04,626 --> 00:31:06,876
How did you reach him

666
00:31:06,959 --> 00:31:09,709
within two days
of AZ's capture?

667
00:31:09,792 --> 00:31:11,500
Well, I assume that
he was at headquarters.

668
00:31:11,584 --> 00:31:14,042
Somebody, you know,
somebody reached him.

669
00:31:14,125 --> 00:31:15,375
I did not reach him myself.

670
00:31:15,459 --> 00:31:17,751
Somebody in
the Counterterrorism Center

671
00:31:17,834 --> 00:31:19,167
reached him.

672
00:31:22,876 --> 00:31:24,459
Jones:
<i>Jim Mitchell was identified</i>

673
00:31:24,542 --> 00:31:26,125
<i>because one of
the chief lawyers</i>

674
00:31:26,209 --> 00:31:27,751
<i>in the
counterterrorism division</i>

675
00:31:27,834 --> 00:31:30,751
happened to be married
to another CIA employee

676
00:31:30,834 --> 00:31:31,876
who was in something called

677
00:31:31,959 --> 00:31:34,292
the Office
of Technical Services.

678
00:31:34,375 --> 00:31:35,959
<i>This involved psychologists.</i>

679
00:31:36,042 --> 00:31:38,167
<i>And there was
a psychologist on contract,</i>

680
00:31:38,250 --> 00:31:42,083
<i>Jim Mitchell,
who had written
a report for the CIA.</i>

681
00:31:42,167 --> 00:31:44,042
<i>This report was based
on what was believed</i>

682
00:31:44,125 --> 00:31:45,417
<i>to be an Al-Qaeda manual,</i>

683
00:31:45,500 --> 00:31:48,083
<i>and it included details
on interrogations.</i>

684
00:31:48,167 --> 00:31:51,083
Gibney:<i> The manual was called</i>
<i>"The Manchester Manual"</i>

685
00:31:51,167 --> 00:31:54,417
<i>in honor of where it was found
in Manchester, England,</i>

686
00:31:54,500 --> 00:31:55,792
<i>by Ali Soufan.</i>

687
00:31:55,876 --> 00:31:58,250
Soufan:<i> I was</i>
<i>in Manchester investigating</i>

688
00:31:58,334 --> 00:32:00,000
<i>a member of Al-Qaeda.</i>

689
00:32:00,083 --> 00:32:02,876
<i>And we did
a search of his house</i>

690
00:32:02,959 --> 00:32:04,709
<i>where we found
a handwritten book,</i>

691
00:32:04,792 --> 00:32:07,500
<i>"The Manchester Manual."</i>

692
00:32:07,584 --> 00:32:10,375
<i>It's mostly
about urban warfare.</i>

693
00:32:10,459 --> 00:32:13,751
And it has a section about
what happens if you get caught.

694
00:32:13,834 --> 00:32:17,626
<i>What should you
expect to endure?</i>

695
00:32:17,709 --> 00:32:20,375
<i>It talks about
very harsh techniques,</i>

696
00:32:20,459 --> 00:32:23,626
<i>beatings, rape,
they're going to be sodomized,</i>

697
00:32:23,709 --> 00:32:26,083
<i>their family going
to be tortured.</i>

698
00:32:26,167 --> 00:32:28,584
These are the things
that were ingrained

699
00:32:28,667 --> 00:32:31,375
in the head
of Qaeda operatives.

700
00:32:32,709 --> 00:32:34,667
Gibney:
<i>Soufan recognized it</i>
<i>as a kind of</i>

701
00:32:34,751 --> 00:32:36,709
<i>cut-and-paste
terrorist pamphlet.</i>

702
00:32:36,792 --> 00:32:39,083
<i>But the CIA imagined
it might be</i>

703
00:32:39,167 --> 00:32:41,000
<i>a window into
the Islamist mind.</i>

704
00:32:41,083 --> 00:32:44,125
<i>So they hired a psychologist
named James Mitchell</i>

705
00:32:44,209 --> 00:32:45,459
<i>to analyze it.</i>

706
00:32:45,542 --> 00:32:47,292
<i>He and his colleague,
Bruce Jessen,</i>

707
00:32:47,375 --> 00:32:50,584
<i>concluded that the manual
was a diabolical guide</i>

708
00:32:50,667 --> 00:32:52,834
<i>to play mind games
on interrogators,</i>

709
00:32:52,918 --> 00:32:55,542
<i>which could only be overcome
through harsh physical</i>

710
00:32:55,626 --> 00:32:58,459
<i>and psychological
countermeasures.</i>

711
00:32:58,542 --> 00:33:00,375
<i>Even though those
techniques were milder</i>

712
00:33:00,459 --> 00:33:02,709
<i>than the torture
expected by the manual,</i>

713
00:33:02,792 --> 00:33:05,125
<i>the message found favor
at the agency.</i>

714
00:33:05,209 --> 00:33:07,209
<i>Mitchell, who had
no experience</i>

715
00:33:07,292 --> 00:33:08,626
<i>interrogating anyone,</i>

716
00:33:08,709 --> 00:33:10,751
<i>was the only candidate
considered</i>

717
00:33:10,834 --> 00:33:12,250
<i>for the job of inventing</i>

718
00:33:12,334 --> 00:33:16,000
<i>the CIA's new system
of interrogation.</i>

719
00:33:16,083 --> 00:33:17,792
Jones:<i> There was</i>
<i>no blue ribbon commission.</i>

720
00:33:17,876 --> 00:33:20,000
There was no outreach
to the FBI

721
00:33:20,083 --> 00:33:22,000
or to the Department
of Defense

722
00:33:22,083 --> 00:33:24,042
or any other US agency,

723
00:33:24,125 --> 00:33:26,292
or foreign entity,
for that matter.

724
00:33:26,375 --> 00:33:28,125
Gibney:
<i>The CIA's hiring policy</i>

725
00:33:28,209 --> 00:33:29,209
<i>was much more casual.</i>

726
00:33:29,292 --> 00:33:31,417
<i>A CTC lawyer whose pictures</i>

727
00:33:31,500 --> 00:33:33,167
<i>have been scrubbed
from the internet</i>

728
00:33:33,250 --> 00:33:35,334
<i>just asked his wife
if she knew anyone</i>

729
00:33:35,417 --> 00:33:36,834
<i>who might be good
for the job.</i>

730
00:33:36,918 --> 00:33:39,584
Jones:<i> This lawyer says,</i>
<i>"Abu Zubaydah's been captured.</i>

731
00:33:39,667 --> 00:33:41,167
<i>I don't know what we're going
to do with this guy."</i>

732
00:33:41,250 --> 00:33:43,626
And she says, "Well,
I got a guy in my office

733
00:33:43,709 --> 00:33:45,250
"who just wrote a report

734
00:33:45,334 --> 00:33:47,834
"on this believed-to-be
an Al-Qaeda training manual.

735
00:33:47,918 --> 00:33:49,209
You should talk to him."

736
00:33:54,959 --> 00:33:57,751
Mitchell:<i> I got</i>
<i>a phone call from the CIA</i>

737
00:33:57,834 --> 00:34:00,918
<i>and they said, "You need
to come in tomorrow."</i>

738
00:34:01,000 --> 00:34:02,918
I was curious
because that was,

739
00:34:03,000 --> 00:34:06,459
you know, that sounds like
comic book, uh, material.

740
00:34:06,542 --> 00:34:07,751
So I went.

741
00:34:10,292 --> 00:34:12,375
<i>I parked in the furthest space
in the parking lot,</i>

742
00:34:12,459 --> 00:34:14,125
<i>the only place
I could find.</i>

743
00:34:14,209 --> 00:34:18,876
<i>That building is a labyrinth
of hallways and rooms.</i>

744
00:34:18,959 --> 00:34:19,959
<i>I got to the door,</i>

745
00:34:20,042 --> 00:34:22,125
<i>and they rushed me
into the room,</i>

746
00:34:22,209 --> 00:34:24,792
told me that they had
captured Abu Zubaydah,

747
00:34:24,876 --> 00:34:27,209
and asked me
if I would deploy

748
00:34:27,292 --> 00:34:29,667
with the interrogation team

749
00:34:29,751 --> 00:34:33,375
to help them... recognize

750
00:34:33,459 --> 00:34:36,042
if he was using
sophisticated resistance

751
00:34:36,125 --> 00:34:37,334
to interrogation techniques

752
00:34:37,417 --> 00:34:39,250
to resist
providing information.

753
00:34:39,334 --> 00:34:42,375
Lawyer: He said he provided
psychological support.

754
00:34:42,459 --> 00:34:43,626
What does that mean?

755
00:34:43,709 --> 00:34:46,375
He provided, uh, research

756
00:34:46,459 --> 00:34:49,375
and applied
psychological support,

757
00:34:49,459 --> 00:34:51,876
-uh, to the agency.
-Lawyer: Mm-hmm.

758
00:34:51,959 --> 00:34:53,500
Um, so he did research?

759
00:34:53,584 --> 00:34:55,125
I assume so.

760
00:34:55,209 --> 00:34:56,751
Lawyer:
You don't know?

761
00:34:57,500 --> 00:34:58,584
No.

762
00:34:58,667 --> 00:35:00,459
Jones:<i> So Jim Mitchell</i>
<i>walks in the door,</i>

763
00:35:00,542 --> 00:35:03,667
says that I have experience
in interrogations,

764
00:35:03,751 --> 00:35:05,709
<i>describes what he would do,</i>

765
00:35:05,792 --> 00:35:07,959
<i>and Jose Rodriguez says,
"You're hired,</i>

766
00:35:08,042 --> 00:35:09,751
"and we're going
to put you on a flight

767
00:35:09,834 --> 00:35:12,626
to the first detention site
right now."

768
00:35:13,918 --> 00:35:14,959
No other vetting.

769
00:35:15,042 --> 00:35:19,834
(airplane whooshing)

770
00:35:24,626 --> 00:35:28,167
(insects chirping)

771
00:35:28,250 --> 00:35:31,209
Gaudin:
<i>Those first few days</i>
<i>were very chaotic.</i>

772
00:35:31,292 --> 00:35:32,918
<i>He was very wounded</i>

773
00:35:33,000 --> 00:35:35,167
and sometimes while we
were talking to him,

774
00:35:35,250 --> 00:35:37,042
the doctors had to come in
and change bandages,

775
00:35:37,125 --> 00:35:38,417
or change dressings.

776
00:35:38,500 --> 00:35:40,584
And sometimes, the,
the medical folks would say,

777
00:35:40,667 --> 00:35:43,667
"You can't talk to him
for a little while.
We need to let him rest."

778
00:35:44,834 --> 00:35:46,834
Soufan:
<i>They said he was dehydrated.</i>

779
00:35:46,918 --> 00:35:49,500
<i>So Stephen and I
were caring for him.</i>

780
00:35:49,584 --> 00:35:52,000
<i>We put ice on his lips.</i>

781
00:35:52,083 --> 00:35:54,792
Ali is holding his hand.
Ali's rubbing his forehead.

782
00:35:54,876 --> 00:35:57,500
Ali's praying with him,
saying, "Hang in there, brother.

783
00:35:57,584 --> 00:35:59,709
"Don't worry. We're going
to take care of you.

784
00:35:59,792 --> 00:36:01,250
You're going to be okay."

785
00:36:01,334 --> 00:36:03,292
He defecates
all over himself.

786
00:36:04,959 --> 00:36:06,500
Soufan:
<i>Later on, I don't know,</i>

787
00:36:06,584 --> 00:36:09,292
<i>two or three o'clock
in the morning,
the medic came in</i>

788
00:36:09,375 --> 00:36:11,876
and he said,
"Is this guy important?"

789
00:36:11,959 --> 00:36:13,918
And I said,
"Yeah, I believe so."

790
00:36:14,000 --> 00:36:15,667
He said,
"Well, if, you know,

791
00:36:15,751 --> 00:36:18,542
"if you think
he knows information,

792
00:36:18,626 --> 00:36:19,876
"you better get it
from him now.

793
00:36:19,959 --> 00:36:21,417
You better go
and talk to him now."

794
00:36:21,500 --> 00:36:23,751
I said, "Why?"
He said, "Because he's septic.

795
00:36:23,834 --> 00:36:25,959
"I don't think he will live

796
00:36:26,042 --> 00:36:28,125
to see the morning."

797
00:36:28,209 --> 00:36:31,709
<i>So the chief of base wrote
a cable about the situation,</i>

798
00:36:31,792 --> 00:36:34,834
<i>and the answer came back,
short and sweet:</i>

799
00:36:34,918 --> 00:36:37,542
"Death is not an option."

800
00:36:37,626 --> 00:36:40,792
<i>We had to come up
with a cover story</i>

801
00:36:40,876 --> 00:36:43,584
<i>to take him to a hospital.</i>

802
00:36:43,667 --> 00:36:46,125
<i>We were wearing
military uniforms,</i>

803
00:36:46,209 --> 00:36:48,125
<i>said he was one
of our soldiers,</i>

804
00:36:48,209 --> 00:36:50,459
<i>that he went crazy
and he got shot.</i>

805
00:36:50,542 --> 00:36:53,792
<i>And that's why we're
taking him for medical care.</i>

806
00:36:53,876 --> 00:36:55,042
Reporter:
<i>Abu Zubaydah,</i>

807
00:36:55,125 --> 00:36:56,626
<i>Al-Qaeda's
top field commander,</i>

808
00:36:56,709 --> 00:36:57,751
<i>is talking.</i>

809
00:36:57,834 --> 00:36:59,417
<i>The trouble is,
American interrogators</i>

810
00:36:59,500 --> 00:37:01,626
<i>are not sure
whether to believe him.</i>

811
00:37:01,709 --> 00:37:03,042
Donald Rumsfeld:
<i>I don't know</i>
<i>that I want to give</i>

812
00:37:03,125 --> 00:37:05,918
<i>a day-to-day report
on, on his, uh,</i>

813
00:37:06,000 --> 00:37:09,792
<i>how enthusiastic he is
about his situation.</i>

814
00:37:09,876 --> 00:37:14,042
<i>Um... he is not well.</i>

815
00:37:14,125 --> 00:37:16,417
<i>He's got
several bullet holes in him,</i>

816
00:37:16,500 --> 00:37:17,918
<i>and, uh...</i>

817
00:37:19,334 --> 00:37:20,751
<i>well, how fast he'll recover</i>

818
00:37:20,834 --> 00:37:24,584
<i>and when he'll start
cooperating, time will tell.</i>

819
00:37:28,167 --> 00:37:30,334
Jones:<i> While Abu Zubaydah</i>
<i>is in the hospital,</i>

820
00:37:30,417 --> 00:37:31,959
<i>things begin to change.</i>

821
00:37:33,209 --> 00:37:34,959
<i>It's during
this period of time</i>

822
00:37:35,042 --> 00:37:37,918
<i>that Jim Mitchell is sent
to the detention site.</i>

823
00:37:39,042 --> 00:37:40,834
<i>He goes merely
as an observer</i>

824
00:37:40,918 --> 00:37:43,876
<i>and to provide feedback
to CIA headquarters.</i>

825
00:37:43,959 --> 00:37:46,209
<i>But his influence
becomes very clear.</i>

826
00:37:46,292 --> 00:37:48,000
<i>They talk about
returning Abu Zubaydah</i>

827
00:37:48,083 --> 00:37:50,167
<i>to the detention site
in an all-white room,</i>

828
00:37:50,250 --> 00:37:51,375
<i>which is very bright,</i>

829
00:37:51,459 --> 00:37:53,792
<i>kept cold.</i>

830
00:37:53,876 --> 00:37:56,792
<i>He'll be kept naked
and sleep deprived.</i>

831
00:37:56,876 --> 00:37:58,834
<i>These are the ideas
that are coming about.</i>

832
00:37:58,918 --> 00:38:00,792
Even though he's not
particularly doing
the interrogation,

833
00:38:00,876 --> 00:38:02,751
these are his ideas
that he's pushing forward.

834
00:38:02,834 --> 00:38:04,626
Gibney: They weren't
asking you at that time

835
00:38:04,709 --> 00:38:06,626
to help with interrogations,
or were they?

836
00:38:06,709 --> 00:38:08,459
Not to do
interrogations.

837
00:38:08,542 --> 00:38:11,125
They were help-- asking me
to help brainstorm

838
00:38:11,209 --> 00:38:14,500
with the interrogation team,
the whole interrogation team,

839
00:38:14,584 --> 00:38:17,626
uh, any countermeasures
that they might use,

840
00:38:17,709 --> 00:38:21,667
if he was employing
resistance techniques.

841
00:38:23,459 --> 00:38:26,209
Soufan:<i> He stayed</i>
<i>in the hospital, recovering.</i>

842
00:38:26,292 --> 00:38:29,000
We get a clearance
from the doctors
that we can talk to him,

843
00:38:29,083 --> 00:38:32,125
<i>and we went back
to talking about</i>

844
00:38:32,209 --> 00:38:33,751
<i>what he knows
about a plot.</i>

845
00:38:35,375 --> 00:38:37,000
<i>So I asked him,</i>

846
00:38:37,083 --> 00:38:40,709
<i>"Do you know if Bin Laden
is planning to do anything?"</i>

847
00:38:40,792 --> 00:38:42,542
He said, "Yes,
Al-Qaeda is planning

848
00:38:42,626 --> 00:38:43,918
"to do something.

849
00:38:44,000 --> 00:38:45,417
He has his own people."

850
00:38:45,500 --> 00:38:48,292
I said, "Are you aware of
an operation that's ongoing?"

851
00:38:48,375 --> 00:38:50,709
He said, "Yes,
there's an operation

852
00:38:50,792 --> 00:38:54,500
<i>against an American facility
in a foreign country."</i>

853
00:38:54,584 --> 00:38:56,542
So I said,
"Who's doing this operation?

854
00:38:56,626 --> 00:38:57,918
He said, "al-Zayyat."

855
00:38:58,000 --> 00:39:00,042
We know al-Zayyat
is an alias

856
00:39:00,125 --> 00:39:02,250
<i>for Abu Mohamed al-Masri,</i>

857
00:39:02,334 --> 00:39:03,542
<i>who was the mastermind</i>

858
00:39:03,626 --> 00:39:06,751
<i>of the East Africa
embassy bombings.</i>

859
00:39:06,834 --> 00:39:09,083
Gaudin:<i> So Ali and I</i>
<i>came up with a plan</i>

860
00:39:09,167 --> 00:39:11,250
<i>to show him a photo
of this guy,</i>

861
00:39:11,334 --> 00:39:14,417
and if he identifies him,
he's working with us.

862
00:39:14,500 --> 00:39:17,918
I'm not saying he's giving us
the keys to the kingdom,

863
00:39:18,000 --> 00:39:19,834
but we can walk out
of the room and go,

864
00:39:19,918 --> 00:39:21,250
"Hey, I think we're
at the point now we can

865
00:39:21,334 --> 00:39:24,751
start asking him questions
to answers we don't know."

866
00:39:24,834 --> 00:39:28,584
<i>So I had
this electronic organizer,</i>

867
00:39:28,667 --> 00:39:30,709
<i>the HP Jordana.</i>

868
00:39:30,792 --> 00:39:32,375
Soufan:
<i>Steve had downloaded</i>

869
00:39:32,459 --> 00:39:35,250
<i>the poster of
the 22 most-wanted terrorists</i>

870
00:39:35,334 --> 00:39:37,918
<i>that the FBI released
after 9/11.</i>

871
00:39:38,042 --> 00:39:39,751
<i>It had the people
who were involved</i>

872
00:39:39,834 --> 00:39:41,459
<i>in the East Africa
embassy bombings,</i>

873
00:39:41,542 --> 00:39:44,000
<i>the "USS Cole,"
and the Khobar bombing.</i>

874
00:39:44,083 --> 00:39:45,626
<i>All these individuals,</i>

875
00:39:45,709 --> 00:39:47,959
<i>from Mugniyah
to Bin Laden.</i>

876
00:39:48,042 --> 00:39:51,667
<i>So, Steve clicks a photo,
gives me the Palm Pilot.</i>

877
00:39:51,751 --> 00:39:54,792
I didn't look at it to check
if it's the right person,

878
00:39:54,876 --> 00:39:56,209
<i>but I showed Abu Zubaydah.</i>

879
00:39:56,292 --> 00:39:57,918
I said, "Is this the guy?"

880
00:39:58,000 --> 00:40:00,125
<i>And Abu Zubaydah said,</i>

881
00:40:00,209 --> 00:40:02,250
<i>"No, it's not."</i>

882
00:40:02,334 --> 00:40:05,250
I was convinced that al-Zayyat
is Abu Mohamed al-Masri,

883
00:40:05,334 --> 00:40:08,417
and I thought that
he's playing games.

884
00:40:08,500 --> 00:40:09,834
So I was really frustrated.

885
00:40:09,918 --> 00:40:12,250
I'm like, "Dude,
we saved your life.

886
00:40:12,334 --> 00:40:14,667
<i>"We're sitting here
like your next of kin,</i>

887
00:40:14,751 --> 00:40:16,250
<i>and you're still
playing games with us."</i>

888
00:40:16,334 --> 00:40:17,626
<i>And Abu Zubaydah
had enough of me.</i>

889
00:40:17,709 --> 00:40:19,876
He said, "Come on, brother,
I'm not playing games.

890
00:40:20,000 --> 00:40:21,167
You know who the guy is."

891
00:40:21,250 --> 00:40:23,500
I said,
"Who the fuck is he then?"

892
00:40:23,584 --> 00:40:27,209
And he said,
"Well, this is Mokhtar."

893
00:40:27,292 --> 00:40:31,584
<i>And when he said "Mokhtar,"
my heart stopped.</i>

894
00:40:31,667 --> 00:40:35,334
<i>Mokhtar, as Abu Zubaydah
identified from the picture,</i>

895
00:40:35,417 --> 00:40:37,751
<i>was Khalid Shaikh Mohammed.</i>

896
00:40:37,834 --> 00:40:39,876
(indistinct chatter)

897
00:40:42,375 --> 00:40:45,584
<i>After 9/11, we had
an operation in Afghanistan</i>

898
00:40:45,667 --> 00:40:47,709
<i>where they found videotapes</i>

899
00:40:47,792 --> 00:40:49,417
<i>and documents</i>

900
00:40:49,500 --> 00:40:52,542
<i>in Al-Qaeda's
military community.</i>

901
00:40:52,626 --> 00:40:54,834
<i>One of the videos
is Bin Laden talking</i>

902
00:40:54,918 --> 00:40:57,375
<i>to a paraplegic mullah.</i>

903
00:40:57,459 --> 00:40:59,083
<i>He's talking about 9/11,</i>

904
00:40:59,167 --> 00:41:02,250
<i>praising the operatives
and the operation.</i>

905
00:41:02,334 --> 00:41:04,626
<i>And every time he talks,
he points towards</i>

906
00:41:04,709 --> 00:41:07,209
<i>an individual
next to the camera</i>

907
00:41:07,292 --> 00:41:08,584
and he says, "Mokhtar."

908
00:41:08,667 --> 00:41:10,083
Mokhtar.

909
00:41:10,167 --> 00:41:11,751
Soufan:<i> And then he starts</i>
<i>talking about people</i>

910
00:41:11,834 --> 00:41:13,542
<i>having dreams that
there is Al-Qaeda</i>

911
00:41:13,626 --> 00:41:15,209
<i>playing karate
with America</i>

912
00:41:15,292 --> 00:41:16,792
<i>and Mokhtar is the trainer,</i>

913
00:41:16,876 --> 00:41:18,834
<i>and he's pointing
at Mokhtar.</i>

914
00:41:18,918 --> 00:41:21,042
So we knew that
Mokhtar is important,

915
00:41:21,125 --> 00:41:23,500
but we had no idea
who Mokhtar was.

916
00:41:23,584 --> 00:41:25,000
(monitor beeping)

917
00:41:25,083 --> 00:41:28,876
<i>But we cannot show
Abu Zubaydah that we
did not know that.</i>

918
00:41:28,959 --> 00:41:30,792
<i>So I said,
"Oh, Mokhtar."</i>

919
00:41:30,876 --> 00:41:34,083
<i>He said, "Yeah, you know,
the guy who did
the plane operation."</i>

920
00:41:35,083 --> 00:41:36,417
<i>Basically 9/11.</i>

921
00:41:37,667 --> 00:41:39,709
<i>So he told me that
Khalid Shaikh Mohammed</i>

922
00:41:39,792 --> 00:41:40,959
<i>came to visit him.</i>

923
00:41:41,042 --> 00:41:44,000
<i>He had a plan
to take Cessna planes</i>

924
00:41:44,083 --> 00:41:46,459
<i>and fly them into
the World Trade Center,</i>

925
00:41:46,542 --> 00:41:51,000
and he needed resources
for this operation.

926
00:41:51,083 --> 00:41:53,334
<i>Zubaydah told him,
"This is way above me.</i>

927
00:41:53,417 --> 00:41:56,792
<i>I don't have this capability,
nor such resources."</i>

928
00:41:56,876 --> 00:41:58,667
But according
to Abu Zubaydah,

929
00:41:58,751 --> 00:42:01,542
when KSM briefed
the idea later on

930
00:42:01,626 --> 00:42:03,167
to Osama Bin Laden

931
00:42:03,250 --> 00:42:05,834
<i>and some of his
senior lieutenants,</i>

932
00:42:05,918 --> 00:42:08,584
<i>Bin Laden was
not excited about it.</i>

933
00:42:08,667 --> 00:42:11,918
<i>He commented, "Why do you
want to go to war</i>

934
00:42:12,000 --> 00:42:13,459
<i>"with an axe</i>

935
00:42:13,542 --> 00:42:15,375
<i>when you can go
with a bulldozer?"</i>

936
00:42:15,459 --> 00:42:18,167
(sirens wailing)

937
00:42:18,250 --> 00:42:19,792
Man: You better
get out of the way!

938
00:42:21,709 --> 00:42:23,667
(monitor beeping)

939
00:42:26,834 --> 00:42:29,459
But again, we cannot
make him feel

940
00:42:29,542 --> 00:42:32,125
that he gave us something
we didn't know.

941
00:42:32,209 --> 00:42:34,626
So I looked at the picture,
I'm like,

942
00:42:34,709 --> 00:42:36,500
"Oh, Steve,

943
00:42:36,584 --> 00:42:39,250
you gave me KSM's photo,
come on, man."

944
00:42:39,334 --> 00:42:42,375
And Steve looked at it,
and then Steve realized

945
00:42:42,459 --> 00:42:43,792
exactly what was going on.

946
00:42:43,876 --> 00:42:46,792
We leave the room and Ali
and I are just shaking.

947
00:42:46,876 --> 00:42:48,751
Did that really just happen?

948
00:42:48,834 --> 00:42:51,751
We just identified
who did 9/11.

949
00:42:51,834 --> 00:42:53,918
That was a huge moment.

950
00:42:54,834 --> 00:42:57,584
<i>So we send it to the CIA.</i>

951
00:42:57,667 --> 00:42:59,751
<i>We were kind of, like, high.</i>

952
00:42:59,834 --> 00:43:02,375
We just identified KSM
as the mastermind of 9/11,

953
00:43:02,459 --> 00:43:03,667
and we get another plot.

954
00:43:03,751 --> 00:43:06,626
You know, we were doing our job
and you just feel that,

955
00:43:06,709 --> 00:43:09,250
you know, wow,
it's working well.

956
00:43:09,334 --> 00:43:11,167
Right. So you're pleased
about that.

957
00:43:14,292 --> 00:43:17,042
Rizzo:<i> I was still hearing</i>
<i>progress reports nightly</i>

958
00:43:17,125 --> 00:43:19,500
<i>from our CIA people.</i>

959
00:43:19,584 --> 00:43:22,167
<i>And they were
increasingly convinced</i>

960
00:43:22,250 --> 00:43:24,375
that while he was providing

961
00:43:25,292 --> 00:43:27,000
some good information,

962
00:43:27,083 --> 00:43:29,375
he was definitely
holding back

963
00:43:29,459 --> 00:43:31,209
on the more important stuff,

964
00:43:31,292 --> 00:43:34,375
namely the location
and timing

965
00:43:34,459 --> 00:43:37,834
of another
major terrorist attack.

966
00:43:37,918 --> 00:43:41,125
<i>So that led to people from
our Counterterrorism Center</i>

967
00:43:41,209 --> 00:43:44,709
deciding that the normal
interrogation techniques

968
00:43:44,792 --> 00:43:46,542
that had been applied
up to that point

969
00:43:46,626 --> 00:43:48,584
<i>weren't going to work.</i>

970
00:43:48,667 --> 00:43:51,209
<i>Something more aggressive
had to be done.</i>

971
00:43:53,375 --> 00:43:55,125
Soufan:
<i>Abu Zubaydah was moved</i>

972
00:43:55,209 --> 00:43:56,542
<i>from the hospital,</i>

973
00:43:56,626 --> 00:43:58,375
<i>and they took him back
to the site</i>

974
00:43:58,459 --> 00:44:01,834
<i>that we originally were in.</i>

975
00:44:01,918 --> 00:44:03,209
<i>And, at the black site,</i>

976
00:44:03,292 --> 00:44:06,584
<i>a new team from CTC
had shown up.</i>

977
00:44:09,167 --> 00:44:11,959
<i>The team was comprised
of individuals</i>

978
00:44:12,042 --> 00:44:13,751
<i>that I will give aliases to,</i>

979
00:44:13,834 --> 00:44:16,334
<i>and these aliases
I used in my book.</i>

980
00:44:17,417 --> 00:44:18,751
<i>So there is Wilson,</i>

981
00:44:18,834 --> 00:44:21,292
<i>one of the top
CIA behavioral analysts.</i>

982
00:44:21,375 --> 00:44:23,959
<i>He had a lot of experience
in different regions,</i>

983
00:44:24,042 --> 00:44:25,584
<i>especially the Middle East.</i>

984
00:44:25,667 --> 00:44:27,792
<i>I worked with him before.</i>

985
00:44:27,876 --> 00:44:31,125
<i>Then there was Ed.
He's a CIA interrogator.</i>

986
00:44:31,209 --> 00:44:33,751
<i>We did a few
interrogations together.</i>

987
00:44:33,834 --> 00:44:36,250
<i>There was Frank.
He was a polygrapher.</i>

988
00:44:36,334 --> 00:44:38,918
<i>And then they had
a contractor.</i>

989
00:44:39,000 --> 00:44:40,459
<i>I call him Boris.</i>

990
00:44:40,542 --> 00:44:45,876
But since then, he has been
actively vocal, uh, about this,

991
00:44:45,959 --> 00:44:47,959
so I don't think
anybody will mind me

992
00:44:48,042 --> 00:44:50,459
calling him with his real name,
James Mitchell.

993
00:44:50,542 --> 00:44:53,709
The people who had conducted
a lot of interrogations before

994
00:44:53,792 --> 00:44:57,417
failed to do the job
that the CIA wanted.

995
00:44:57,500 --> 00:45:00,667
<i>So they were looking to use
what I knew about psychology</i>

996
00:45:00,751 --> 00:45:02,459
<i>as a weapon
against our enemies</i>

997
00:45:02,542 --> 00:45:05,292
<i>so that we could
get them to talk.</i>

998
00:45:05,375 --> 00:45:07,000
Soufan:
<i>Wilson introduced Mitchell,</i>

999
00:45:07,083 --> 00:45:10,042
<i>saying that he knows
about interrogation.</i>

1000
00:45:10,125 --> 00:45:14,459
<i>He has a strategy.
The strategy can work.</i>

1001
00:45:14,542 --> 00:45:16,083
Steve and I were just
looking at each other.

1002
00:45:16,167 --> 00:45:19,167
I'm like,
"Well, it's working."

1003
00:45:19,250 --> 00:45:21,626
You know, "If, uh, if
it's working, why break it?"

1004
00:45:21,709 --> 00:45:24,792
Now, it was like,
"Stop what you're doing.

1005
00:45:24,876 --> 00:45:27,584
"'The A-Team' is coming in
and they're taking over.

1006
00:45:27,667 --> 00:45:28,918
You guys are done."

1007
00:45:41,834 --> 00:45:43,042
Soufan:
<i>Mitchell said, look,</i>

1008
00:45:43,125 --> 00:45:45,667
<i>you take everything
away from him</i>

1009
00:45:45,751 --> 00:45:49,167
<i>to the point that
his life, his death,</i>

1010
00:45:49,250 --> 00:45:52,459
<i>his comfort all depends
on the interrogator.</i>

1011
00:45:52,542 --> 00:45:55,125
Mitchell said,
and I'll never forget

1012
00:45:55,209 --> 00:45:56,792
the way his fingers moved,

1013
00:45:56,876 --> 00:46:00,375
"We need to diminish
his capacity to resist."

1014
00:46:00,459 --> 00:46:03,334
Soufan:
<i>This way, he will immediately</i>
<i>start cooperating</i>

1015
00:46:03,417 --> 00:46:05,626
<i>and give you
everything you want.</i>

1016
00:46:05,709 --> 00:46:09,209
And he will see
only one interrogator.

1017
00:46:09,292 --> 00:46:11,751
Only one interrogator.
Nobody else.

1018
00:46:11,834 --> 00:46:13,209
<i>The next time
you meet with him,</i>

1019
00:46:13,292 --> 00:46:15,959
<i>you say, "Our boss
is upset with you."</i>

1020
00:46:16,042 --> 00:46:19,626
<i>You introduce the boss,
which is going to be Ed.</i>

1021
00:46:19,709 --> 00:46:22,918
And then you walk
and you'll never see him again.

1022
00:46:23,000 --> 00:46:25,584
That's it.
So Ed is going to be his god.

1023
00:46:27,167 --> 00:46:30,417
Gibney:<i> With a new god</i>
<i>came a new white Heaven.</i>

1024
00:46:36,584 --> 00:46:38,459
<i>Years later,
while in Guantanamo,</i>

1025
00:46:38,542 --> 00:46:41,292
<i>Abu Zubaydah penned
descriptions and drawings</i>

1026
00:46:41,375 --> 00:46:43,334
<i>of what happened
to him in Thailand.</i>

1027
00:46:55,459 --> 00:46:57,417
(keys jingling,
gate clanks)

1028
00:47:09,876 --> 00:47:11,834
Soufan:
<i>So they put him in the cell.</i>

1029
00:47:11,918 --> 00:47:14,000
<i>They put cameras,
hidden CCTV.</i>

1030
00:47:14,083 --> 00:47:16,083
<i>They were recording
everything.</i>

1031
00:47:16,167 --> 00:47:18,834
<i>He's totally naked.
He has nothing.</i>

1032
00:47:18,918 --> 00:47:22,918
<i>So then Ed walks in,
and Ed tells him,</i>

1033
00:47:23,000 --> 00:47:24,876
"Tell me what
I want to know."

1034
00:47:24,959 --> 00:47:28,250
And Abu Zubaydah
looks at him and he said,
"What do you want to know?"

1035
00:47:28,334 --> 00:47:30,584
An Ed cannot
tell him anything.

1036
00:47:30,667 --> 00:47:33,083
The only thing,
the only thing that Ed can do,

1037
00:47:33,167 --> 00:47:36,250
the instructions
from "the expert"

1038
00:47:36,334 --> 00:47:38,375
is to turn and get out.

1039
00:47:38,459 --> 00:47:40,209
(keys jingling,
gate clanks)

1040
00:47:42,709 --> 00:47:45,709
<i>So they add something
to make Abu Zubaydah's life
more uncomfortable:</i>

1041
00:47:45,792 --> 00:47:46,626
loud music.

1042
00:47:46,709 --> 00:47:48,751
(rock music blaring)

1043
00:47:55,417 --> 00:47:58,459
Then, you wait
for 12 hours or so

1044
00:47:58,542 --> 00:47:59,792
and then he does it again.

1045
00:47:59,876 --> 00:48:01,042
<i>"Tell me what
I want to know."</i>

1046
00:48:01,125 --> 00:48:02,584
"Well, what do you
want to know?"

1047
00:48:02,667 --> 00:48:03,876
<i>You walk out.</i>

1048
00:48:05,042 --> 00:48:07,292
The music that
they played initially

1049
00:48:07,375 --> 00:48:10,500
was music
that the guards had.

1050
00:48:10,584 --> 00:48:11,959
(rock music playing)

1051
00:48:12,042 --> 00:48:14,000
<i>And it was as bad for us
as it was for him</i>

1052
00:48:14,083 --> 00:48:16,584
because we're
in that same building,

1053
00:48:16,667 --> 00:48:18,626
not far from where he's at,
and it's blaring.

1054
00:48:18,709 --> 00:48:20,792
(rock music blaring)

1055
00:48:31,209 --> 00:48:35,500
<i>Eventually, we went
to white noise generators</i>

1056
00:48:35,584 --> 00:48:38,334
because nobody wanted
to listen to that music.

1057
00:48:38,417 --> 00:48:41,542
(static hissing)

1058
00:48:46,584 --> 00:48:49,334
So it goes from this
to sleep deprivation,

1059
00:48:49,417 --> 00:48:51,959
<i>"24 hours didn't work.
Maybe we need 48 hours.</i>

1060
00:48:52,042 --> 00:48:54,667
Oh, 48 hours didn't work.
Maybe we need 72 hours."

1061
00:48:54,751 --> 00:48:56,167
And nothing's coming out.

1062
00:48:56,250 --> 00:49:00,542
(static hissing)

1063
00:49:00,626 --> 00:49:03,500
So they decided to go back
to the loud music,

1064
00:49:03,584 --> 00:49:07,584
the same song again
and again and again, very loud.

1065
00:49:07,667 --> 00:49:09,417
Gibney: Do you remember
what the song was?

1066
00:49:09,500 --> 00:49:12,626
I think it was, uh,
Red Hot Chili Peppers.

1067
00:49:12,709 --> 00:49:14,250
It was the only CD
that somebody had.

1068
00:49:14,334 --> 00:49:16,876
Something like, you know,
it was just going, going around.

1069
00:49:16,959 --> 00:49:19,417
<i>♪ What I got you got
to give it to your mama ♪</i>

1070
00:49:19,500 --> 00:49:22,959
<i>♪ What I got you've got
to give it to your papa ♪</i>

1071
00:49:23,042 --> 00:49:26,292
I used to like them until now.
I never listened to them again.

1072
00:49:26,375 --> 00:49:29,125
<i>♪ Give it away, give it away,
give it away now ♪</i>

1073
00:49:29,209 --> 00:49:31,709
<i>♪ Give it away,
give it away,
give it away now ♪</i>

1074
00:49:31,792 --> 00:49:34,000
<i>♪ Give it away, give it away,
give it away now ♪</i>

1075
00:49:34,083 --> 00:49:37,167
<i>♪ I can't tell if I'm
a kingpin or a pauper ♪</i>

1076
00:49:37,250 --> 00:49:39,959
♪ ♪

1077
00:49:41,459 --> 00:49:43,000
(water splashes)

1078
00:49:46,125 --> 00:49:48,500
Soufan:
<i>I spoke with Wilson,</i>

1079
00:49:48,584 --> 00:49:50,250
<i>the other psychologist,</i>

1080
00:49:50,334 --> 00:49:51,834
and I said,
"This is crazy."

1081
00:49:51,918 --> 00:49:53,959
And he said, "Look, this guy
is supposedly an expert.

1082
00:49:54,042 --> 00:49:55,250
"He knows what he's doing.

1083
00:49:55,334 --> 00:49:57,626
"What if he's successful?
That will be really good.

1084
00:49:57,709 --> 00:50:00,834
<i>"You know, we don't have
the time and the experts</i>

1085
00:50:00,918 --> 00:50:02,918
<i>"to talk to
all these people.</i>

1086
00:50:03,000 --> 00:50:04,584
<i>Give him a chance."</i>

1087
00:50:04,667 --> 00:50:05,918
<i>But I looked at Wilson,</i>

1088
00:50:06,000 --> 00:50:08,584
and I think
he was just being

1089
00:50:08,667 --> 00:50:09,626
a good soldier

1090
00:50:09,709 --> 00:50:12,083
and saying
the company line.

1091
00:50:12,167 --> 00:50:14,209
<i>But a decision has been made</i>

1092
00:50:14,292 --> 00:50:16,500
<i>in a place way higher
than all of us.</i>

1093
00:50:17,500 --> 00:50:18,417
<i>At one point, they had</i>

1094
00:50:18,500 --> 00:50:20,083
<i>everything approved
by Gonzales.</i>

1095
00:50:20,167 --> 00:50:21,250
And my thing is like,

1096
00:50:21,334 --> 00:50:23,000
"Who the hell is Gonzales?
Is he from DOJ?"

1097
00:50:23,083 --> 00:50:25,709
I had no idea
who Gonzales was at the time.

1098
00:50:25,792 --> 00:50:29,626
<i>And he said, "No, I,
I think he's Bush's lawyer."</i>

1099
00:50:29,709 --> 00:50:32,042
I was like,
"But is he part of DOJ?

1100
00:50:32,125 --> 00:50:34,500
He said,
"I... don't think so.

1101
00:50:34,584 --> 00:50:36,375
I think he's part
of the White House."

1102
00:50:36,459 --> 00:50:38,125
So I said,
"No, we need DOJ."

1103
00:50:38,209 --> 00:50:41,209
<i>They came back and said,
"DOJ gave verbal approval."</i>

1104
00:50:41,292 --> 00:50:43,417
<i>"Verbal approval
don't mean anything.</i>

1105
00:50:43,500 --> 00:50:45,042
"You're in the CIA.
I'm in the FBI.

1106
00:50:45,125 --> 00:50:46,417
"You know what
the saying is,

1107
00:50:46,500 --> 00:50:49,125
if it's not on paper,
it doesn't exist."

1108
00:50:49,209 --> 00:50:51,125
Gibney:<i> The man</i>
<i>who gave verbal approval</i>

1109
00:50:51,209 --> 00:50:53,542
<i>was John Yoo from
the Department of Justice.</i>

1110
00:50:53,626 --> 00:50:56,000
<i>He provided
unofficial reassurance</i>

1111
00:50:56,083 --> 00:50:57,626
<i>to the CIA,
the White House,</i>

1112
00:50:57,709 --> 00:50:59,375
<i>and the US Attorney General</i>

1113
00:50:59,459 --> 00:51:02,626
<i>that Mitchell's experiments
need not be considered torture</i>

1114
00:51:02,709 --> 00:51:05,125
<i>as long as the interrogators
didn't intend</i>

1115
00:51:05,209 --> 00:51:07,459
<i>to cause severe pain
or suffering.</i>

1116
00:51:16,334 --> 00:51:17,751
Soufan:
<i>These things were going on</i>

1117
00:51:17,834 --> 00:51:20,292
<i>in April, in May.</i>

1118
00:51:20,375 --> 00:51:21,667
Suddenly...

1119
00:51:23,834 --> 00:51:25,626
all intelligence

1120
00:51:25,709 --> 00:51:28,125
that was
flowing before stopped.

1121
00:51:29,334 --> 00:51:31,542
And people in D.C.
were asking...

1122
00:51:32,334 --> 00:51:33,709
"What's going on?"

1123
00:51:36,542 --> 00:51:39,834
<i>A few days and nothing
is coming out from that base.</i>

1124
00:51:39,918 --> 00:51:43,626
<i>Even though everything
that they requested
has been approved.</i>

1125
00:51:45,918 --> 00:51:47,751
<i>And nothing's coming out.</i>

1126
00:51:47,834 --> 00:51:50,292
<i>So Wilson mounted
a campaign</i>

1127
00:51:50,375 --> 00:51:53,292
<i>to bring Steve and I back
to the interrogation room.</i>

1128
00:51:53,375 --> 00:51:55,626
<i>And this was
the first violation</i>

1129
00:51:55,709 --> 00:51:57,709
of the cardinal rule
of Mitchell,

1130
00:51:57,792 --> 00:52:00,125
that he will only see
one person.

1131
00:52:00,209 --> 00:52:03,083
It is going to be Ed,
and he's his god.

1132
00:52:03,167 --> 00:52:06,459
Now, all of a sudden...
we're back.

1133
00:52:08,209 --> 00:52:11,209
<i>I made a cup of tea, and I
brought it to Abu Zubaydah,</i>

1134
00:52:11,292 --> 00:52:13,542
I said, "Take it.
That will make you feel better."

1135
00:52:13,626 --> 00:52:16,000
<i>We covered him
to help him warm up.</i>

1136
00:52:20,626 --> 00:52:23,292
That's something
I told Wilson

1137
00:52:23,375 --> 00:52:25,751
when he brought us back in.

1138
00:52:25,834 --> 00:52:28,459
I said, "I will never talk
to him naked. Period.

1139
00:52:28,542 --> 00:52:32,500
"I will never do that.
I know that's your rule.

1140
00:52:32,584 --> 00:52:36,500
It's approved by Langley,
but I won't go in."

1141
00:52:36,584 --> 00:52:38,834
<i>Abu Zubaydah took the tea,
he drank some,</i>

1142
00:52:38,918 --> 00:52:40,792
<i>and he looked at me
and he smiled.</i>

1143
00:52:47,334 --> 00:52:49,584
<i>It was tough
to reengage Abu Zubaydah.</i>

1144
00:52:49,667 --> 00:52:51,751
<i>He really had no clue
what's happening,</i>

1145
00:52:51,834 --> 00:52:54,334
But we tried
to reengage him,

1146
00:52:54,417 --> 00:52:55,751
and we were able
to bring him back.

1147
00:52:55,834 --> 00:52:58,500
<i>We started the rapport again.</i>

1148
00:52:58,584 --> 00:53:00,959
<i>And sometimes
he's that guy</i>

1149
00:53:01,042 --> 00:53:03,417
that you can sit down
and talk to about everything,

1150
00:53:03,500 --> 00:53:05,918
from social justice
to economic justice.

1151
00:53:06,000 --> 00:53:08,709
That guy wasn't
a typical Qaeda operative.

1152
00:53:08,792 --> 00:53:11,083
<i>Rarely he talked
about religion.</i>

1153
00:53:11,167 --> 00:53:13,459
<i>He was more into
American corporations</i>

1154
00:53:13,542 --> 00:53:14,751
<i>controlling the world,</i>

1155
00:53:14,834 --> 00:53:16,918
<i>the United States
destroying grain</i>

1156
00:53:17,000 --> 00:53:19,834
<i>and agricultural products
to maintain prices,</i>

1157
00:53:19,918 --> 00:53:22,334
<i>and the fact that
Americans spend more money</i>

1158
00:53:22,417 --> 00:53:26,125
<i>on their pets
when people are hungry
around the world.</i>

1159
00:53:26,209 --> 00:53:27,375
And I don't argue with him.

1160
00:53:27,459 --> 00:53:29,167
I take these opportunities

1161
00:53:29,250 --> 00:53:30,792
for us to build rapport.

1162
00:53:30,876 --> 00:53:33,167
So I can be lectured
about all these
kind of things,

1163
00:53:33,250 --> 00:53:34,292
you know,
I give him something.

1164
00:53:34,375 --> 00:53:36,125
This is one of the things
that I give him,

1165
00:53:36,209 --> 00:53:38,876
to lecture me
about his views

1166
00:53:38,959 --> 00:53:41,334
of the United States
and the world.

1167
00:53:41,417 --> 00:53:43,250
So I said, "Look, I'm going
to go and get a soda.

1168
00:53:43,334 --> 00:53:45,918
You want anything?"
He said, "Pepsi."

1169
00:53:46,000 --> 00:53:47,459
I said,
"Are you kidding me?

1170
00:53:47,542 --> 00:53:49,125
"After lecturing me
for an hour

1171
00:53:49,209 --> 00:53:51,000
"about American corporations,

1172
00:53:51,083 --> 00:53:52,292
you want Pepsi?"

1173
00:53:52,375 --> 00:53:54,584
He said, "Yeah,
I'm embarrassed,
but I like Pepsi."

1174
00:53:54,667 --> 00:53:55,792
(laughs)

1175
00:53:58,250 --> 00:54:00,667
<i>But Mitchell continued
to interfere.</i>

1176
00:54:03,500 --> 00:54:05,167
<i>Like, one point,
for example,</i>

1177
00:54:05,250 --> 00:54:07,542
<i>we came to talk to him,
Steve and I.</i>

1178
00:54:07,626 --> 00:54:09,209
<i>We walked in the room,
in the cell,</i>

1179
00:54:09,292 --> 00:54:10,792
<i>and it was freezing cold.</i>

1180
00:54:10,876 --> 00:54:12,209
Freezing cold.

1181
00:54:12,292 --> 00:54:14,751
And remember, Abu Zubaydah
was totally nude

1182
00:54:14,834 --> 00:54:17,292
and on the floor,
on a cement floor.

1183
00:54:18,375 --> 00:54:19,709
<i>He looked bluish.</i>

1184
00:54:19,792 --> 00:54:21,000
<i>I went back and said,</i>

1185
00:54:21,083 --> 00:54:22,500
<i>"Are you playing
with the temperature?"</i>

1186
00:54:22,584 --> 00:54:23,751
<i>And he said,
"No, no, no."</i>

1187
00:54:23,834 --> 00:54:25,042
<i>I said, "Well, go
and check him out."</i>

1188
00:54:25,125 --> 00:54:27,250
<i>So he puts a mask,
he goes in,</i>

1189
00:54:27,334 --> 00:54:29,250
<i>he checks his vitals,
and he comes back.</i>

1190
00:54:29,334 --> 00:54:31,000
<i>And he was basically like,</i>

1191
00:54:31,083 --> 00:54:33,375
"Pfah!
There's nothing going on.

1192
00:54:33,459 --> 00:54:34,417
He's fine."

1193
00:54:34,500 --> 00:54:36,542
As if we're making
that thing up.

1194
00:54:39,918 --> 00:54:42,000
Gibney: And it was
temperature manipulation--

1195
00:54:42,083 --> 00:54:44,125
Well, I saw
that temperature.

1196
00:54:44,209 --> 00:54:46,083
I saw the temperature
manipulation thing,

1197
00:54:46,167 --> 00:54:48,542
but I don't recall--
I don't actually re--

1198
00:54:48,626 --> 00:54:51,125
And I have no reason
to hide it. I--

1199
00:54:51,209 --> 00:54:53,083
because I don't,
you know what I mean?

1200
00:54:53,167 --> 00:54:55,500
But I don't remember
temperature manipulation.

1201
00:54:55,584 --> 00:54:56,876
I don't remember anybody

1202
00:54:56,959 --> 00:54:58,626
specifically manipulating
the temperature.

1203
00:54:58,709 --> 00:55:01,042
I don't remember that.
I've seen it in reports.

1204
00:55:01,125 --> 00:55:03,417
If it happened, it wasn't
while I was there.

1205
00:55:05,918 --> 00:55:07,834
<i>He was nude a lot.</i>

1206
00:55:07,918 --> 00:55:10,292
<i>That was something that was
discussed with the physicians</i>

1207
00:55:10,375 --> 00:55:12,334
<i>because he had
a pretty severe leg wound,</i>

1208
00:55:12,417 --> 00:55:14,375
<i>and they were concerned
about infection.</i>

1209
00:55:14,459 --> 00:55:16,584
(air conditioner rumbling)

1210
00:55:16,667 --> 00:55:18,667
I'm not saying that that's
the only reason he was nude.

1211
00:55:18,751 --> 00:55:22,542
He was nude to make him feel
vulnerable and uncomfortable.

1212
00:55:23,959 --> 00:55:25,375
Gaudin:
<i>Mitchell seemed to be the one</i>

1213
00:55:25,459 --> 00:55:27,334
<i>that everybody
had to defer to,</i>

1214
00:55:27,417 --> 00:55:29,667
<i>and we would actually be
given questions saying,</i>

1215
00:55:29,751 --> 00:55:31,375
"Okay, let's theorize.

1216
00:55:31,459 --> 00:55:33,542
"If you were going to do
an attack on the United States,

1217
00:55:33,626 --> 00:55:35,000
where would you do
an attack?"

1218
00:55:35,083 --> 00:55:36,751
<i>And Zubaydah would say
something like,</i>

1219
00:55:36,834 --> 00:55:39,083
<i>"Well, you know,
I would look at your
biggest landmarks,</i>

1220
00:55:39,167 --> 00:55:40,709
<i>"something that would
hurt you.</i>

1221
00:55:40,792 --> 00:55:41,918
"Maybe the Brooklyn Bridge

1222
00:55:42,000 --> 00:55:43,626
or maybe
the Statue of Liberty."

1223
00:55:43,709 --> 00:55:47,500
And then we would see on CNN
later that day or the next day,

1224
00:55:47,584 --> 00:55:48,918
<i>the Statue of Liberty
is closed.</i>

1225
00:55:49,000 --> 00:55:51,334
<i>Brooklyn Bridge just closed.</i>

1226
00:55:51,417 --> 00:55:53,125
My God.
(chuckles)

1227
00:55:53,209 --> 00:55:54,751
It was, it was nuts.

1228
00:55:56,334 --> 00:55:58,792
Soufan:<i> Shows you what kind</i>
<i>of an operative he was, right?</i>

1229
00:55:58,876 --> 00:56:00,626
<i>He kinda figured out
what's going on.</i>

1230
00:56:00,709 --> 00:56:03,500
But the cornerstone
of an interrogation is

1231
00:56:03,584 --> 00:56:06,667
what that suspect understands

1232
00:56:06,751 --> 00:56:08,709
<i>the evidence
against them to be.</i>

1233
00:56:09,584 --> 00:56:11,042
<i>So, for example, we had</i>

1234
00:56:11,125 --> 00:56:14,000
<i>three taped calls
from Abu Zubaydah.</i>

1235
00:56:14,083 --> 00:56:16,083
<i>But having
Abu Zubaydah think</i>

1236
00:56:16,167 --> 00:56:18,459
<i>we only have
three conversation</i>

1237
00:56:18,542 --> 00:56:19,709
<i>does not work.</i>

1238
00:56:19,792 --> 00:56:22,500
He's going to have
a different impression

1239
00:56:22,584 --> 00:56:25,667
of the information
that we have against him.

1240
00:56:25,751 --> 00:56:29,083
<i>So we bought a few dozen
empty audiotapes,</i>

1241
00:56:29,167 --> 00:56:31,459
<i>painstakingly marked
all these tapes</i>

1242
00:56:31,542 --> 00:56:34,334
<i>and planned
the interrogation</i>

1243
00:56:34,417 --> 00:56:36,918
<i>so that every time he is trying
to lie about something,</i>

1244
00:56:37,000 --> 00:56:39,500
<i>we turned the conversation
into a tape</i>

1245
00:56:39,584 --> 00:56:41,584
<i>that we already have.</i>

1246
00:56:41,667 --> 00:56:43,334
<i>And by luck,
on one tape,</i>

1247
00:56:43,417 --> 00:56:46,417
<i>Abu Zubaydah forgot
to hang up.</i>

1248
00:56:46,500 --> 00:56:48,834
<i>So you can hear what's going on
in the background.</i>

1249
00:56:50,500 --> 00:56:53,751
So Abu Zubaydah thought
that all these tapes

1250
00:56:53,834 --> 00:56:56,000
<i>are not only phone calls.</i>

1251
00:56:56,083 --> 00:56:58,626
<i>He thought we had
a wire in his house.</i>

1252
00:56:58,709 --> 00:57:02,792
<i>So we changed his impression
of what we have on him.</i>

1253
00:57:02,876 --> 00:57:03,834
And he starts talking.

1254
00:57:03,918 --> 00:57:07,500
(men singing
in foreign language)

1255
00:57:12,667 --> 00:57:16,125
Soufan:
<i>After the "USS Cole,"</i>
<i>the Taliban shut down</i>

1256
00:57:16,209 --> 00:57:19,000
<i>all the Arab training camps
in Afghanistan.</i>

1257
00:57:19,083 --> 00:57:21,083
<i>So when Khalden
was shut down,</i>

1258
00:57:21,167 --> 00:57:22,792
Abu Zubaydah doesn't have
a job anymore

1259
00:57:22,876 --> 00:57:24,375
to bring people
to Khalden.

1260
00:57:24,459 --> 00:57:26,459
So he came to Afghanistan.

1261
00:57:26,542 --> 00:57:28,626
And this is actually
the first time

1262
00:57:28,709 --> 00:57:30,584
that he met
Osama Bin Laden.

1263
00:57:34,042 --> 00:57:35,626
<i>And when he arrived,
they said,</i>

1264
00:57:35,709 --> 00:57:39,083
"Oh, so this is Abu Zubaydah
that we hear about."

1265
00:57:39,167 --> 00:57:42,167
<i>He became very well known
in the jihadi networks.</i>

1266
00:57:42,250 --> 00:57:44,584
<i>He gets the money,
he gets the operatives.</i>

1267
00:57:44,667 --> 00:57:46,542
<i>He can smuggle people
left and right.</i>

1268
00:57:46,626 --> 00:57:49,500
<i>Anything you need,
Abu Zubaydah can get it.</i>

1269
00:57:49,584 --> 00:57:51,876
So they gave him
protection in Kandahar,

1270
00:57:51,959 --> 00:57:54,834
and he was working with them
and he was trusted.

1271
00:57:56,125 --> 00:57:57,876
<i>And then 9/11 happened,</i>

1272
00:57:57,959 --> 00:58:01,792
<i>and Abu Zubaydah decided
to also capitalize.</i>

1273
00:58:01,876 --> 00:58:05,334
(speaking in foreign language)

1274
00:58:19,500 --> 00:58:22,042
Soufan:<i> He wanted</i>
<i>to put a video out,</i>

1275
00:58:22,125 --> 00:58:24,918
<i>sell it
to Western media...</i>

1276
00:58:25,000 --> 00:58:28,250
(speaking in foreign language)

1277
00:58:28,334 --> 00:58:30,417
Soufan:<i> ...saying that</i>
<i>all the Arab Mujahideen</i>

1278
00:58:30,500 --> 00:58:31,751
now are under Bin Laden.

1279
00:58:31,834 --> 00:58:33,417
He is their emir
in the fight

1280
00:58:33,500 --> 00:58:36,000
against the United States
and so forth,

1281
00:58:36,083 --> 00:58:38,584
and he wanted to do
different operations.

1282
00:58:40,334 --> 00:58:43,500
Mitchell:
<i>They got intelligence</i>
<i>that Abu Zubaydah had sent</i>

1283
00:58:43,584 --> 00:58:47,542
<i>an American citizen
named Jose Padilla</i>

1284
00:58:47,626 --> 00:58:48,709
<i>to KSM</i>

1285
00:58:48,792 --> 00:58:51,375
so that he could send him
to the United States

1286
00:58:51,459 --> 00:58:54,542
to join "the others
already on the ground"

1287
00:58:54,626 --> 00:58:57,542
and do possibly
a dirty bomb

1288
00:58:57,626 --> 00:59:00,500
or if not that,
some other kind of an attack.

1289
00:59:00,584 --> 00:59:03,709
And actually,
it was not, uh...

1290
00:59:05,125 --> 00:59:08,834
it was not
the Muslim FBI agent

1291
00:59:08,918 --> 00:59:10,959
that got the information
about Jose--

1292
00:59:11,042 --> 00:59:12,459
Gibney:
You mean Ali Soufan?

1293
00:59:12,542 --> 00:59:13,959
It was not Soufan,
it was the other one

1294
00:59:14,042 --> 00:59:15,125
whose name
I can't give you,

1295
00:59:15,209 --> 00:59:17,792
<i>uh, because
it's still protected</i>

1296
00:59:17,876 --> 00:59:20,459
<i>by the government,
regardless of what's known</i>

1297
00:59:20,542 --> 00:59:21,959
in the press, right?

1298
00:59:22,042 --> 00:59:25,584
So, uh, what happened
that night was

1299
00:59:25,667 --> 00:59:27,167
they had been, uh...

1300
00:59:27,250 --> 00:59:28,667
Gibney:
<i>This was a strange moment</i>

1301
00:59:28,751 --> 00:59:29,959
<i>in the interview.</i>

1302
00:59:30,042 --> 00:59:32,500
<i>Mitchell felt he needed
to throw shade on Soufan,</i>

1303
00:59:32,584 --> 00:59:34,834
<i>whom he called
"the Muslim agent."</i>

1304
00:59:34,918 --> 00:59:38,542
<i>But he also acknowledged
that the FBI, not the CIA,</i>

1305
00:59:38,626 --> 00:59:41,626
<i>obtained critical information
about Jose Padilla.</i>

1306
00:59:43,167 --> 00:59:46,125
<i>Later on, the CIA would try
to rewrite the story</i>

1307
00:59:46,209 --> 00:59:48,876
<i>and claim EITs
caused Abu Zubaydah</i>

1308
00:59:48,959 --> 00:59:51,375
<i>to spill
the beans about Padilla.</i>

1309
00:59:51,459 --> 00:59:53,500
<i>That claim was false.</i>

1310
00:59:53,584 --> 00:59:56,209
Soufan:
<i>Padilla was arrested</i>

1311
00:59:56,292 --> 00:59:58,959
<i>because of smart police work.</i>

1312
00:59:59,042 --> 01:00:00,834
<i>We got some information
from Abu Zubaydah</i>

1313
01:00:00,918 --> 01:00:02,500
<i>about two individuals.</i>

1314
01:00:02,584 --> 01:00:04,709
<i>Put it in a cable</i>

1315
01:00:04,792 --> 01:00:06,542
<i>and some smart
intelligence officer</i>

1316
01:00:06,626 --> 01:00:08,000
<i>in Pakistan looked at it
and was like,</i>

1317
01:00:08,083 --> 01:00:10,125
<i>"Wait a second,
I just saw the passports</i>

1318
01:00:10,209 --> 01:00:11,292
<i>"of these two guys.</i>

1319
01:00:11,375 --> 01:00:14,584
<i>It seems they fit
the description."</i>

1320
01:00:14,667 --> 01:00:15,792
Someone was able to say,

1321
01:00:15,876 --> 01:00:17,292
"You know what?
There were these two guys,

1322
01:00:17,375 --> 01:00:18,667
"there was an American
and British guy,

1323
01:00:18,751 --> 01:00:21,125
<i>and the American was here
to get a new passport."</i>

1324
01:00:21,209 --> 01:00:24,125
<i>They just pulled on the thread
until they figured,</i>

1325
01:00:24,209 --> 01:00:27,125
<i>okay, is this the guy?</i>

1326
01:00:27,209 --> 01:00:29,167
Gibney:
<i>My understanding is that</i>
<i>Abu Zubaydah</i>

1327
01:00:29,250 --> 01:00:31,542
had actually identified
the photo of Padilla.

1328
01:00:31,626 --> 01:00:35,042
And I think Padilla
was arrested in May 2002.

1329
01:00:35,125 --> 01:00:37,918
Well, he didn't identify
a picture of Padilla.

1330
01:00:38,000 --> 01:00:39,542
Your understanding
is incorrect.

1331
01:00:39,626 --> 01:00:41,000
-He mentions--
-Gibney: You're absolutely sure?

1332
01:00:41,083 --> 01:00:43,876
-I was there.
-Gibney: Uh-huh.

1333
01:00:43,959 --> 01:00:46,250
I was there...

1334
01:00:46,334 --> 01:00:48,918
for all of those interrogations
and watched all of them.

1335
01:00:49,000 --> 01:00:51,375
So, yeah,
I'm absolutely sure.

1336
01:00:51,459 --> 01:00:54,000
Gibney:
<i>Actually, according to</i>
<i>declassified cables,</i>

1337
01:00:54,083 --> 01:00:56,667
<i>Abu Zubaydah
did identify Padilla's photo.</i>

1338
01:00:56,751 --> 01:00:58,792
<i>Zubaydah also revealed</i>

1339
01:00:58,876 --> 01:01:01,500
<i>that Padilla was not
the terrorist mastermind</i>

1340
01:01:01,584 --> 01:01:03,417
<i>the CIA imagined him to be.</i>

1341
01:01:03,500 --> 01:01:06,250
Soufan:<i> They wanted to go</i>
<i>to the United States,</i>

1342
01:01:06,334 --> 01:01:08,000
<i>hijack a uranium truck,</i>

1343
01:01:08,083 --> 01:01:11,125
<i>steal the uranium,
and build a dirty bomb.</i>

1344
01:01:11,209 --> 01:01:13,918
And Abu Zubaydah said, "So how
do you enrich the uranium?"

1345
01:01:14,000 --> 01:01:16,375
And literally, they told him,
"We put it in a bucket

1346
01:01:16,459 --> 01:01:18,542
"and we turn
the bucket very fast,

1347
01:01:18,626 --> 01:01:20,500
and then that's how
it will be enriched."

1348
01:01:20,584 --> 01:01:23,375
And he was just like,
"Yeah, that does not work."

1349
01:01:23,459 --> 01:01:25,292
Zubaydah was like,
"Yeah, yeah, yeah,

1350
01:01:25,375 --> 01:01:26,918
that's exactly
what we should do."

1351
01:01:27,000 --> 01:01:28,000
But he was placating them.

1352
01:01:28,083 --> 01:01:30,125
I don't need this guy
to make a bomb.

1353
01:01:30,209 --> 01:01:33,000
I need this guy because
he has an American passport.

1354
01:01:33,083 --> 01:01:35,209
<i>He knew the value
that it could have</i>

1355
01:01:35,292 --> 01:01:38,417
<i>to people that were actually
planning real operations.</i>

1356
01:01:39,542 --> 01:01:42,209
Soufan:<i> He called KSM</i>
<i>and he told him,</i>

1357
01:01:42,292 --> 01:01:45,584
<i>"I'm sending you these two
operatives, see what they have.</i>

1358
01:01:45,667 --> 01:01:48,542
If you can use them in
an operation, they are yours."

1359
01:01:48,626 --> 01:01:51,834
Gibney:
<i>KSM did send Jose Padilla</i>
<i>to the United States</i>

1360
01:01:51,918 --> 01:01:55,667
<i>allegedly to blow up a series
of apartment buildings.</i>

1361
01:01:55,751 --> 01:01:58,125
<i>He was arrested
in Chicago on May 8th,</i>

1362
01:01:58,209 --> 01:02:01,209
<i>just 15 days after
Abu Zubaydah identified him.</i>

1363
01:02:05,000 --> 01:02:07,250
<i>Despite Abu Zubaydah's
cooperation,</i>

1364
01:02:07,334 --> 01:02:08,834
<i>the CIA and Mitchell</i>

1365
01:02:08,918 --> 01:02:12,042
<i>kept pushing
to turn up the heat.</i>

1366
01:02:12,125 --> 01:02:15,209
Soufan:<i> Even when we</i>
<i>were allowed back in</i>
<i>under our condition,</i>

1367
01:02:15,292 --> 01:02:16,709
<i>they still
were playing games.</i>

1368
01:02:16,792 --> 01:02:20,959
<i>One day I walked in and
I saw a big coffin in the room.</i>

1369
01:02:21,042 --> 01:02:22,417
<i>I actually went in it.</i>

1370
01:02:22,500 --> 01:02:24,500
I'm telling you,
it's not a good feeling.

1371
01:02:26,292 --> 01:02:27,542
<i>You try to be professional.</i>

1372
01:02:27,626 --> 01:02:30,334
<i>You try to focus
on the mission.</i>

1373
01:02:30,417 --> 01:02:33,417
<i>But unfortunately, you know,
every day you bring him back,</i>

1374
01:02:33,500 --> 01:02:36,000
<i>and then they try
to play that game again.</i>

1375
01:02:37,584 --> 01:02:40,125
<i>And at this point,
everything that I was seeing</i>

1376
01:02:40,209 --> 01:02:43,042
<i>was kind of like
borderline torture.</i>

1377
01:02:43,125 --> 01:02:45,459
<i>But now we're even
crossing that line.</i>

1378
01:02:48,042 --> 01:02:50,751
<i>So I called
FBI headquarters.</i>

1379
01:02:50,834 --> 01:02:53,125
<i>I asked to speak
with my boss in New York.</i>

1380
01:02:53,209 --> 01:02:55,000
I said, "Please,
I-I need to leave.

1381
01:02:55,083 --> 01:02:56,250
"I-I cannot stay here.

1382
01:02:56,334 --> 01:02:58,459
"If I stay here, I...

1383
01:02:58,542 --> 01:03:00,584
"I will probably
arrest that guy.

1384
01:03:00,667 --> 01:03:02,876
I mean, this is crazy."

1385
01:03:02,959 --> 01:03:06,751
<i>So he said, "Okay,
I need you to leave
the location immediately."</i>

1386
01:03:08,375 --> 01:03:12,167
<i>And that was the end
of my involvement
in the black site.</i>

1387
01:03:14,042 --> 01:03:16,542
Gibney:<i> Soufan and</i>
<i>the CIA polygrapher returned</i>

1388
01:03:16,626 --> 01:03:18,292
<i>to the United States.</i>

1389
01:03:18,375 --> 01:03:21,125
<i>Mysteriously, the entire
interrogation team</i>

1390
01:03:21,209 --> 01:03:22,500
<i>soon followed.</i>

1391
01:03:22,584 --> 01:03:24,959
<i>All the questions
and answers stopped.</i>

1392
01:03:25,042 --> 01:03:27,209
<i>Abu Zubaydah was left alone
in his cell</i>

1393
01:03:27,292 --> 01:03:31,083
<i>where the only sound
was the hiss of
a white noise machine.</i>

1394
01:03:34,500 --> 01:03:37,292
<i>These are more than 100 pages
of interrogation notes</i>

1395
01:03:37,375 --> 01:03:38,667
<i>from Ali Soufan.</i>

1396
01:03:38,751 --> 01:03:41,584
<i>Though heavily redacted,
we can see they contain details</i>

1397
01:03:41,667 --> 01:03:44,209
<i>about future plots
and portraits of the people</i>

1398
01:03:44,292 --> 01:03:47,000
<i>in and around Al-Qaeda,
how they worked,</i>

1399
01:03:47,083 --> 01:03:48,542
<i>and what they were planning.</i>

1400
01:03:48,626 --> 01:03:50,375
<i>To the FBI,
it was a treasure trove</i>

1401
01:03:50,459 --> 01:03:51,542
<i>of evidence and proof</i>

1402
01:03:51,626 --> 01:03:53,500
<i>that Abu Zubaydah
was cooperating.</i>

1403
01:03:53,584 --> 01:03:55,375
<i>The CIA saw it differently.</i>

1404
01:03:55,459 --> 01:03:56,959
<i>Analysts in Washington
were certain</i>

1405
01:03:57,042 --> 01:03:59,876
<i>he was holding back
because he wasn't telling them</i>

1406
01:03:59,959 --> 01:04:01,375
<i>what they wanted to hear.</i>

1407
01:04:01,459 --> 01:04:03,626
<i>It was time to take
the gloves off.</i>

1408
01:04:05,042 --> 01:04:07,167
Wilkerson:
<i>We've tortured before.</i>

1409
01:04:07,250 --> 01:04:09,834
<i>We tortured
in the Philippines.</i>

1410
01:04:09,918 --> 01:04:11,584
<i>We tortured in Vietnam.</i>

1411
01:04:13,709 --> 01:04:16,334
<i>We are one of
the most violent people</i>

1412
01:04:16,417 --> 01:04:18,083
<i>on the face of the Earth.</i>

1413
01:04:19,667 --> 01:04:24,250
To deny that is
to deny reality.

1414
01:04:24,334 --> 01:04:27,834
<i>But we were the leaders
of the effort</i>

1415
01:04:27,918 --> 01:04:30,042
<i>to push through
the United Nations</i>

1416
01:04:30,125 --> 01:04:31,876
<i>the Convention against Torture</i>

1417
01:04:31,959 --> 01:04:34,042
<i>and Cruel
and Unusual Punishment.</i>

1418
01:04:34,125 --> 01:04:36,209
<i>We were the leaders</i>

1419
01:04:36,292 --> 01:04:38,584
<i>in getting
that phrase in there</i>

1420
01:04:38,667 --> 01:04:40,250
<i>that essentially says,</i>

1421
01:04:40,334 --> 01:04:43,959
<i>"No in extremis
national security conditions</i>

1422
01:04:44,042 --> 01:04:46,834
<i>warrant going beyond this."</i>

1423
01:04:46,918 --> 01:04:49,834
<i>After 9/11, we obviated
the whole thing.</i>

1424
01:04:49,918 --> 01:04:52,834
<i>We said, because of
national security concerns,</i>

1425
01:04:52,918 --> 01:04:54,375
<i>that's out the window.</i>

1426
01:04:54,459 --> 01:04:58,292
This was the first time
that torture as a policy

1427
01:04:58,375 --> 01:04:59,500
was authorized

1428
01:04:59,584 --> 01:05:02,000
by the highest power
in the land.

1429
01:05:02,083 --> 01:05:04,250
Gibney:<i> President Bush</i>
<i>paved the way for torture</i>

1430
01:05:04,334 --> 01:05:07,083
<i>when he signed an order saying
that the Geneva Conventions</i>

1431
01:05:07,167 --> 01:05:08,918
<i>did not apply
to Al-Qaeda.</i>

1432
01:05:09,000 --> 01:05:11,834
<i>That allowed George Tenet
to try something different</i>

1433
01:05:11,918 --> 01:05:14,334
<i>so long as Abu Zubaydah
was believed</i>

1434
01:05:14,417 --> 01:05:16,292
<i>to be a member
of Al-Qaeda.</i>

1435
01:05:16,375 --> 01:05:18,792
<i>President Bush today
has decided that Al-Qaeda</i>

1436
01:05:18,876 --> 01:05:20,584
<i>is an international
terrorist group</i>

1437
01:05:20,667 --> 01:05:22,000
<i>under the treaty.</i>

1438
01:05:22,083 --> 01:05:24,125
Gibney:<i> If members</i>
<i>of Al-Qaeda were different</i>

1439
01:05:24,209 --> 01:05:25,667
<i>from other prisoners of war,</i>

1440
01:05:25,751 --> 01:05:28,083
<i>then perhaps different
interrogation techniques</i>

1441
01:05:28,167 --> 01:05:29,375
<i>could be used,</i>

1442
01:05:29,459 --> 01:05:32,209
<i>but not so different as
to cause permanent damage,</i>

1443
01:05:32,292 --> 01:05:34,834
<i>which could be
evidence of torture.</i>

1444
01:05:34,918 --> 01:05:37,334
<i>That led the CIA
to retrofit a program</i>

1445
01:05:37,417 --> 01:05:39,083
<i>developed after
the Korean War,</i>

1446
01:05:39,167 --> 01:05:41,292
<i>in which we brutalized
our own soldiers</i>

1447
01:05:41,375 --> 01:05:44,834
<i>to prepare them to resist
the brutality of others.</i>

1448
01:05:44,918 --> 01:05:48,918
<i>If we did it to ourselves,
how bad could it be?</i>

1449
01:05:49,000 --> 01:05:52,125
Col. Steven Kleinman:
<i>When I started, I was</i>
<i>a human intelligence officer,</i>

1450
01:05:52,209 --> 01:05:53,584
<i>but then I had
an opportunity</i>

1451
01:05:53,667 --> 01:05:55,209
<i>to go on the other side
of the table</i>

1452
01:05:55,292 --> 01:05:57,083
<i>and work
in resistance training.</i>

1453
01:05:57,167 --> 01:05:59,709
<i>The CIA Enhanced
Interrogation Program</i>

1454
01:05:59,792 --> 01:06:01,959
is the product
of the government's fear

1455
01:06:02,042 --> 01:06:04,209
of what they saw happen
during the Korean War.

1456
01:06:04,292 --> 01:06:05,667
Especially
the Chinese interrogators

1457
01:06:05,751 --> 01:06:07,834
were masterful
in their ability to manipulate.

1458
01:06:07,918 --> 01:06:10,167
<i>They knew how to get people
to say things</i>

1459
01:06:10,250 --> 01:06:12,417
<i>that they didn't want to say,
and the CIA would say,</i>

1460
01:06:12,500 --> 01:06:16,042
"Wow, if they can do that,
what else can they do?"

1461
01:06:16,125 --> 01:06:19,959
Allow me to introduce
our American visitors.

1462
01:06:20,042 --> 01:06:21,209
I must ask you to forgive

1463
01:06:21,292 --> 01:06:23,459
their somewhat
lackadaisical manners,

1464
01:06:23,542 --> 01:06:26,459
but I have conditioned them
or "brainwashed" them,

1465
01:06:26,542 --> 01:06:29,250
which I understand is
the new American word.

1466
01:06:29,334 --> 01:06:30,959
Take this scarf.

1467
01:06:34,042 --> 01:06:36,000
And strangle Ed Mavole.

1468
01:06:40,417 --> 01:06:42,250
-Hey, Sarge. Cut it out. What--
-Tut-tut-tut-tut.

1469
01:06:42,334 --> 01:06:44,083
Quiet, Ed, please.

1470
01:06:44,167 --> 01:06:46,000
Now you just
sit there quietly

1471
01:06:46,083 --> 01:06:47,751
and cooperate.

1472
01:06:48,500 --> 01:06:49,751
Yes, ma'am.

1473
01:06:52,167 --> 01:06:54,459
(choking)

1474
01:06:56,250 --> 01:06:58,542
Gibney:
<i>The popular fear</i>
<i>of brainwashing,</i>

1475
01:06:58,626 --> 01:07:01,209
<i>making prisoners do
or say anything,</i>

1476
01:07:01,292 --> 01:07:02,876
<i>led every branch
of the military</i>

1477
01:07:02,959 --> 01:07:04,918
<i>to create schools
for soldiers</i>

1478
01:07:05,000 --> 01:07:06,250
<i>to learn how to survive,</i>

1479
01:07:06,334 --> 01:07:08,709
<i>evade capture,
resist interrogation</i>

1480
01:07:08,792 --> 01:07:11,334
<i>and, if possible, escape.</i>

1481
01:07:11,417 --> 01:07:13,834
<i>The so-called SERE School
for the Air Force</i>

1482
01:07:13,918 --> 01:07:15,209
<i>near Spokane, Washington,</i>

1483
01:07:15,292 --> 01:07:18,417
<i>is where James Mitchell
taught resistance.</i>

1484
01:07:18,500 --> 01:07:21,209
Mitchell:<i> The basic course</i>
<i>is several weeks long,</i>

1485
01:07:21,292 --> 01:07:22,918
<i>and there's two parts.</i>

1486
01:07:23,000 --> 01:07:25,167
<i>There's the bugs
and berries part of it</i>

1487
01:07:25,250 --> 01:07:28,500
where, you know, they teach you
how to survive and evade.

1488
01:07:28,584 --> 01:07:30,918
<i>And then there's
the second part of it,</i>

1489
01:07:31,000 --> 01:07:33,876
which is the resistance
to interrogation lab.

1490
01:07:33,959 --> 01:07:36,167
And in that,
they essentially have

1491
01:07:36,250 --> 01:07:38,667
what I would call
an undergraduate course

1492
01:07:38,751 --> 01:07:41,292
<i>for protecting secrets.</i>

1493
01:07:41,375 --> 01:07:43,083
<i>Our emotions
can marshal resources</i>

1494
01:07:43,167 --> 01:07:44,959
that we never knew
that we had available.

1495
01:07:45,042 --> 01:07:46,584
But those
very same emotions,

1496
01:07:46,667 --> 01:07:48,918
either fear or anger
or anxiety,

1497
01:07:49,000 --> 01:07:51,292
<i>can also cripple us
in survival situations.</i>

1498
01:07:51,375 --> 01:07:53,792
Eyes on the ground!

1499
01:07:53,876 --> 01:07:56,417
Mitchell:
<i>They expose you to a variety</i>

1500
01:07:56,500 --> 01:07:58,584
<i>of interrogation strategies</i>

1501
01:07:58,667 --> 01:08:01,667
<i>and teach you
how to resist.</i>

1502
01:08:01,751 --> 01:08:04,417
It's a phenomenally
well-designed,

1503
01:08:04,500 --> 01:08:06,667
systematic,
professional program

1504
01:08:06,751 --> 01:08:08,959
from, from beginning to end.

1505
01:08:09,042 --> 01:08:12,292
<i>And it was Jim Mitchell
who helped develop
that program.</i>

1506
01:08:12,375 --> 01:08:15,834
<i>He was actually known for being
a stickler for safety,</i>

1507
01:08:15,918 --> 01:08:17,667
<i>because when they're performing
as interrogators,</i>

1508
01:08:17,751 --> 01:08:20,250
<i>they were simulating torture.</i>

1509
01:08:20,334 --> 01:08:23,209
<i>What we tried
to teach people is
how to be resilient</i>

1510
01:08:23,292 --> 01:08:26,000
in the face of stress,
of coercion, even torture,

1511
01:08:26,083 --> 01:08:30,042
so that you will not
create propaganda.

1512
01:08:30,125 --> 01:08:31,626
Gaudin:
<i>I went to SERE School.</i>

1513
01:08:31,709 --> 01:08:34,209
<i>SERE School
is teaching people,</i>

1514
01:08:34,292 --> 01:08:36,542
<i>if you get captured,
how to stay alive.</i>

1515
01:08:36,626 --> 01:08:39,083
It's teaching people
how to resist.

1516
01:08:39,167 --> 01:08:42,250
It's not eliciting information
from people.

1517
01:08:42,334 --> 01:08:45,542
Jones:<i> These techniques</i>
<i>were used in a coercive way</i>

1518
01:08:45,626 --> 01:08:47,959
to get someone to admit
to something they didn't do,

1519
01:08:48,042 --> 01:08:49,417
to get them
to say anything.

1520
01:08:49,500 --> 01:08:51,125
It was never devised

1521
01:08:51,209 --> 01:08:52,834
even by the worst regimes,

1522
01:08:52,918 --> 01:08:55,250
as a means to obtain
accurate intelligence.

1523
01:08:55,334 --> 01:08:57,292
<i>And that was
Jim's experience.</i>

1524
01:08:57,375 --> 01:08:59,876
<i>He was observing
our US service members</i>

1525
01:08:59,959 --> 01:09:02,083
<i>being exposed to some
of these techniques</i>

1526
01:09:02,167 --> 01:09:03,667
<i>during training.</i>

1527
01:09:03,751 --> 01:09:05,500
Gibney:<i> So the purpose</i>
<i>of the school is not</i>

1528
01:09:05,584 --> 01:09:07,125
<i>to teach interrogation.</i>

1529
01:09:07,209 --> 01:09:08,918
It was to teach people
how to resist interrogation.

1530
01:09:09,000 --> 01:09:11,042
-Is that right?
-Yeah, that's the purpose
of the...

1531
01:09:11,125 --> 01:09:12,959
That's the purpose
of the survival school,

1532
01:09:13,042 --> 01:09:14,834
is to teach people
how to resist interrogation.

1533
01:09:14,918 --> 01:09:17,417
But you know what, if you don't
understand interrogation,

1534
01:09:17,500 --> 01:09:19,500
you're not going to do
a very good job resisting it.

1535
01:09:19,584 --> 01:09:22,000
It isn't gonna happen.

1536
01:09:22,083 --> 01:09:24,667
Gibney:
<i>The kind of interrogation</i>
<i>Mitchell was interested in</i>

1537
01:09:24,751 --> 01:09:27,500
<i>was rooted in another
psychological experiment</i>

1538
01:09:27,584 --> 01:09:30,667
<i>in which dogs were jolted
with electric shocks.</i>

1539
01:09:30,751 --> 01:09:31,959
(dog whimpering)

1540
01:09:32,042 --> 01:09:33,918
<i>The idea was to create,
in animals,</i>

1541
01:09:34,000 --> 01:09:37,209
<i>a feeling called
"learned helplessness."</i>

1542
01:09:37,292 --> 01:09:39,500
<i>To get humans
into that state,</i>

1543
01:09:39,584 --> 01:09:41,417
<i>interrogators would
subject prisoners</i>

1544
01:09:41,500 --> 01:09:44,250
<i>to SERE techniques
until they were helpless</i>

1545
01:09:44,334 --> 01:09:46,417
<i>and would do
or say anything.</i>

1546
01:09:48,125 --> 01:09:51,667
Lawyer: Why did you think
Dr. Mitchell was qualified?

1547
01:09:51,751 --> 01:09:53,918
Because of his experience
with SERE

1548
01:09:54,000 --> 01:09:56,292
and because we needed
to do something different

1549
01:09:56,375 --> 01:09:57,709
than what had been
done before,

1550
01:09:57,792 --> 01:09:59,959
and he looked like
the right person to do it.

1551
01:10:00,042 --> 01:10:01,792
Lawyer: Why did he look like
the right person to do it?

1552
01:10:01,876 --> 01:10:04,334
Because he had
a tremendous expertise

1553
01:10:04,417 --> 01:10:06,542
and, uh...

1554
01:10:06,626 --> 01:10:09,876
he, uh, had
a good vision

1555
01:10:09,959 --> 01:10:11,709
for what needed
to be done.

1556
01:10:11,792 --> 01:10:13,125
Lawyer:
Okay.

1557
01:10:14,876 --> 01:10:17,626
What did he have
tremendous expertise in?

1558
01:10:18,209 --> 01:10:20,209
In SERE.

1559
01:10:20,292 --> 01:10:22,542
Lawyer: What was his,
uh, SERE experience,

1560
01:10:22,626 --> 01:10:23,792
to your knowledge in,
at that time?

1561
01:10:23,876 --> 01:10:25,918
He had spent
many years, uh,

1562
01:10:26,000 --> 01:10:28,626
with the Air Force,
uh, working on SERE.

1563
01:10:28,709 --> 01:10:30,083
Lawyer: Okay.
Did he have...

1564
01:10:30,167 --> 01:10:33,709
was there any other source
of his tremendous expertise?

1565
01:10:33,792 --> 01:10:37,167
Uh, the expertise I was
interested in was SERE.

1566
01:10:42,042 --> 01:10:43,667
Mitchell:
<i>Once the CIA concluded</i>

1567
01:10:43,751 --> 01:10:46,083
<i>that he was
withholding information,</i>

1568
01:10:46,167 --> 01:10:49,209
<i>they pulled everybody back
in the early summer,</i>

1569
01:10:49,292 --> 01:10:51,083
<i>and it was clear to me</i>

1570
01:10:51,167 --> 01:10:53,292
<i>in the conversations that
were going around the table</i>

1571
01:10:53,375 --> 01:10:55,292
<i>that they had decided
they were going to use</i>

1572
01:10:55,375 --> 01:10:58,000
<i>physical coercion
against Abu Zubaydah.</i>

1573
01:10:58,083 --> 01:10:59,250
And I thought...

1574
01:11:00,375 --> 01:11:01,834
well, if you're gonna use it,

1575
01:11:01,918 --> 01:11:03,167
then you ought
to use something--

1576
01:11:03,250 --> 01:11:04,542
not that you should use it

1577
01:11:04,626 --> 01:11:06,167
or even that
it was desirable

1578
01:11:06,250 --> 01:11:07,542
or even that it was legal.

1579
01:11:07,626 --> 01:11:09,000
But if you're going
to do that,

1580
01:11:09,083 --> 01:11:10,626
then you ought to consider
using the things

1581
01:11:10,709 --> 01:11:12,334
that they've been using
at the SERE schools

1582
01:11:12,417 --> 01:11:14,626
because they don't produce
a lot of lasting injuries.

1583
01:11:14,709 --> 01:11:17,375
They don't produce injuries.

1584
01:11:17,459 --> 01:11:20,918
<i>So I gave them
a list of techniques
that they could consider.</i>

1585
01:11:26,292 --> 01:11:29,083
<i>Once they decided
they were going
to go forward with it,</i>

1586
01:11:29,167 --> 01:11:30,751
they began to, I guess...

1587
01:11:30,834 --> 01:11:32,250
I mean, we've got
all of the documents

1588
01:11:32,334 --> 01:11:35,042
released from the CIA,
so it's perfectly...

1589
01:11:35,125 --> 01:11:36,167
We can trace it,

1590
01:11:36,250 --> 01:11:38,042
you don't have to depend
on my memory.

1591
01:11:38,125 --> 01:11:40,167
Interviewer: I'm just
trying to reconcile too,

1592
01:11:40,250 --> 01:11:42,375
because we interviewed
James Mitchell,

1593
01:11:42,459 --> 01:11:45,375
and he puts the timeline
more towards June, July

1594
01:11:45,459 --> 01:11:47,500
that he proposes
the EIT program.

1595
01:11:47,584 --> 01:11:49,083
So, I'm just trying
to figure out, I'm just trying--

1596
01:11:49,167 --> 01:11:51,584
Well, that's not--
Yeah, that's not correct.

1597
01:11:51,667 --> 01:11:54,626
I mean, uh,
by June and July,

1598
01:11:54,709 --> 01:11:56,918
I was heavy
into discussions with the,

1599
01:11:57,000 --> 01:11:59,334
with the, uh,
Justice Department.

1600
01:11:59,417 --> 01:12:01,834
All I can tell you was

1601
01:12:01,918 --> 01:12:04,626
I was first told
about this idea

1602
01:12:04,709 --> 01:12:06,542
of Enhanced
Interrogation Techniques

1603
01:12:06,626 --> 01:12:10,459
in... sometime
in early to mid April.

1604
01:12:12,083 --> 01:12:14,334
Gibney:<i> When exactly were</i>
<i>the techniques invented?</i>

1605
01:12:14,417 --> 01:12:17,042
<i>The answer is the difference
between a wink and a nod</i>

1606
01:12:17,125 --> 01:12:18,584
<i>and a written plan.</i>

1607
01:12:18,667 --> 01:12:20,751
<i>In April and May,
Mitchell was experimenting</i>

1608
01:12:20,834 --> 01:12:23,000
<i>with SERE techniques
for which he had</i>

1609
01:12:23,083 --> 01:12:25,250
<i>no official legal approval.</i>

1610
01:12:25,334 --> 01:12:26,959
<i>To go further,
the techniques would have</i>

1611
01:12:27,042 --> 01:12:29,500
<i>to be codified
and approved in writing.</i>

1612
01:12:29,584 --> 01:12:32,042
Rizzo:<i> There was a team</i>
<i>that came up to my office</i>

1613
01:12:32,125 --> 01:12:34,042
one afternoon,
you know, unannounced.

1614
01:12:34,125 --> 01:12:35,709
I mean,
I had no preview.

1615
01:12:35,792 --> 01:12:39,042
I was just told it was
a matter of some urgency

1616
01:12:39,125 --> 01:12:42,209
about an operational proposal.
That's all I knew.

1617
01:12:42,292 --> 01:12:44,000
<i>And I was gobsmacked.</i>

1618
01:12:45,459 --> 01:12:48,292
My very first reaction was,
you guys are crazy.

1619
01:12:48,375 --> 01:12:49,918
This is, we shouldn't
be doing this.

1620
01:12:50,000 --> 01:12:52,709
We've never done
this kind of thing before.

1621
01:12:52,792 --> 01:12:55,751
<i>But I remember walking
around the CIA compound,</i>

1622
01:12:55,834 --> 01:12:58,042
<i>smoking a cigar,
trying to absorb</i>

1623
01:12:58,125 --> 01:12:59,375
<i>what I'd just been told.</i>

1624
01:12:59,459 --> 01:13:01,959
And I started to play out
the scenarios in my head,

1625
01:13:02,042 --> 01:13:03,209
that, okay,

1626
01:13:03,292 --> 01:13:04,667
<i>I go in to
the CIA director.</i>

1627
01:13:04,751 --> 01:13:06,417
<i>I say,
"We shouldn't do this.</i>

1628
01:13:06,500 --> 01:13:07,918
<i>"This is barbaric.</i>

1629
01:13:08,000 --> 01:13:10,167
<i>It may
or may not be legal."</i>

1630
01:13:10,250 --> 01:13:14,042
And on the other hand,
I thought, well, here
are all the experts.

1631
01:13:14,125 --> 01:13:18,000
Saying that, that these kinds
of aggressive measures

1632
01:13:18,083 --> 01:13:19,667
are the only ones

1633
01:13:19,751 --> 01:13:21,584
that we believe

1634
01:13:21,667 --> 01:13:23,876
will cause Abu Zubaydah

1635
01:13:23,959 --> 01:13:25,250
to tell us completely

1636
01:13:25,334 --> 01:13:27,584
what he knows about
another terrorist attack.

1637
01:13:29,500 --> 01:13:31,417
<i>And the idea
of the consequences</i>

1638
01:13:31,500 --> 01:13:34,751
<i>was something I couldn't
countenance on myself.</i>

1639
01:13:34,834 --> 01:13:36,542
<i>So that led
to a couple meetings</i>

1640
01:13:36,626 --> 01:13:37,834
<i>in George Tenet's office</i>

1641
01:13:37,918 --> 01:13:40,292
<i>with the senior
CIA leadership.</i>

1642
01:13:42,125 --> 01:13:45,667
Lawyer: So did you propose
any other list

1643
01:13:45,751 --> 01:13:47,083
other than this list

1644
01:13:47,167 --> 01:13:49,667
-to Mr. Rizzo
or to the department?
-No.

1645
01:13:49,751 --> 01:13:51,834
Lawyer: So you never proposed
any other list

1646
01:13:51,918 --> 01:13:53,584
-other than this list
to Mr. Rizzo?
-No.

1647
01:13:53,667 --> 01:13:55,500
Lawyer: Did you propose
any other list

1648
01:13:55,584 --> 01:13:57,709
other than this list
to the Department of Justice?

1649
01:13:57,792 --> 01:13:58,918
No.

1650
01:14:02,250 --> 01:14:04,042
Mitchell:<i> They began</i>
<i>to work back and forth</i>

1651
01:14:04,125 --> 01:14:06,459
with the Justice Department,
but they needed approval

1652
01:14:06,542 --> 01:14:08,083
<i>from Tenet to go forward.</i>

1653
01:14:08,167 --> 01:14:10,918
<i>And so I met
with Tenet, Rizzo.</i>

1654
01:14:11,000 --> 01:14:13,292
<i>Jose Rodriguez
took me up there,</i>

1655
01:14:13,375 --> 01:14:15,542
<i>and there were several
other people in the room.</i>

1656
01:14:15,626 --> 01:14:19,375
He asked me to describe
the techniques,
and I described them.

1657
01:14:19,459 --> 01:14:22,042
Rizzo:<i> They went through</i>
<i>each of these techniques.</i>

1658
01:14:22,125 --> 01:14:24,125
Mitchell:
<i>Attention grasps,</i>

1659
01:14:24,209 --> 01:14:25,125
<i>walling.</i>

1660
01:14:25,209 --> 01:14:28,042
Sort of a shock and awe
technique.

1661
01:14:28,125 --> 01:14:32,334
Mitchell:<i> Facial slaps,</i>
<i>a couple of stress positions...</i>

1662
01:14:32,417 --> 01:14:34,709
Rizzo:
<i>Extended sleep deprivation</i>

1663
01:14:34,792 --> 01:14:36,000
<i>for days.</i>

1664
01:14:36,083 --> 01:14:37,584
And the most
controversial one was,

1665
01:14:37,667 --> 01:14:39,626
of course, waterboarding.

1666
01:14:39,709 --> 01:14:41,626
Rizzo:<i> I'd never heard</i>
<i>of waterboarding.</i>

1667
01:14:41,709 --> 01:14:43,334
<i>I didn't even know
what the term meant.</i>

1668
01:14:43,417 --> 01:14:46,209
Simulated drowning is the way
it was described to me.

1669
01:14:49,626 --> 01:14:53,000
<i>And there was another one
that called for a mock burial.</i>

1670
01:14:53,083 --> 01:14:55,751
It sounded something
out of Edgar Allan Poe.

1671
01:14:55,834 --> 01:14:57,000
I think it was.

1672
01:14:58,584 --> 01:15:00,792
Mitchell:
<i>So Tenet gets up</i>
<i>to get a cigar.</i>

1673
01:15:00,876 --> 01:15:02,083
He didn't smoke
in the building,

1674
01:15:02,167 --> 01:15:04,375
but he had a cigar
quite frequently.

1675
01:15:05,292 --> 01:15:06,584
<i>He motions with his head</i>

1676
01:15:06,667 --> 01:15:08,876
<i>for Rizzo to walk
over there with him,</i>

1677
01:15:08,959 --> 01:15:11,417
<i>and he leans forward
and he says in a way</i>

1678
01:15:11,500 --> 01:15:13,500
<i>that I don't think
I'm supposed to hear.</i>

1679
01:15:13,584 --> 01:15:16,709
"Make sure this is legal
before we go forward
with this."

1680
01:15:18,250 --> 01:15:19,876
Rizzo:
<i>So that's when I decided</i>

1681
01:15:19,959 --> 01:15:22,334
<i>to seek
definitive legal guidance</i>

1682
01:15:22,417 --> 01:15:23,834
from the Department
of Justice

1683
01:15:23,918 --> 01:15:25,584
as to whether any or all

1684
01:15:25,667 --> 01:15:27,751
of these techniques
were legal

1685
01:15:27,834 --> 01:15:30,459
and if any crossed
the line into torture.

1686
01:15:31,834 --> 01:15:33,542
Gibney:<i> While the lawyers</i>
<i>in Washington worked</i>

1687
01:15:33,626 --> 01:15:36,042
<i>to make sure that
no one would be prosecuted</i>

1688
01:15:36,125 --> 01:15:38,584
<i>for using Mitchell's techniques
on Abu Zubaydah,</i>

1689
01:15:38,667 --> 01:15:42,834
<i>the prisoner himself
remained in Thailand, alone.</i>

1690
01:15:57,125 --> 01:16:00,125
(birds chirping)

1691
01:16:20,417 --> 01:16:23,626
Soufan:
<i>When all intelligence stopped</i>
<i>coming from Abu Zubaydah,</i>

1692
01:16:23,709 --> 01:16:26,083
<i>Mueller asked Tenet</i>

1693
01:16:26,167 --> 01:16:28,918
<i>why the intelligence stopped
from Abu Zubaydah,</i>

1694
01:16:29,000 --> 01:16:30,584
<i>what happened
with Abu Zubaydah.</i>

1695
01:16:32,000 --> 01:16:34,167
<i>And Tenet's response
to him was,</i>

1696
01:16:34,250 --> 01:16:36,667
<i>"Your guys
really messed him up.</i>

1697
01:16:36,751 --> 01:16:39,667
So we're, we're trying
to fix him."

1698
01:16:41,042 --> 01:16:45,000
<i>This was shocking to me,
because if you are trying</i>

1699
01:16:45,083 --> 01:16:48,459
<i>to get EITs approved,</i>

1700
01:16:48,542 --> 01:16:50,792
even though you were
doing it before,

1701
01:16:50,876 --> 01:16:53,918
if you're trying
to get EITs approved...

1702
01:16:55,459 --> 01:16:58,751
because of the
ticking bomb scenario, right,

1703
01:16:58,834 --> 01:17:03,292
<i>you don't leave a guy
with nobody interrogating him.</i>

1704
01:17:03,375 --> 01:17:05,876
Mitchell:<i> There's a difference</i>
<i>between a ticking time bomb</i>

1705
01:17:05,959 --> 01:17:08,292
<i>and a looming time bomb.</i>

1706
01:17:08,375 --> 01:17:10,792
At some point,
we realized

1707
01:17:10,876 --> 01:17:13,042
that it was
a looming time bomb,

1708
01:17:13,125 --> 01:17:14,542
not a ticking time bomb.

1709
01:17:14,626 --> 01:17:17,167
Uh, and, um...

1710
01:17:20,167 --> 01:17:22,375
So that's-- Of course,
we didn't know it at that time.

1711
01:17:22,459 --> 01:17:25,042
You'd have to ask the CIA
why they had that long.

1712
01:17:25,125 --> 01:17:26,792
I didn't, you know,
I wasn't in charge.

1713
01:17:26,876 --> 01:17:29,709
I didn't do it.
I'm not making light of it.
It was a long time.

1714
01:17:29,792 --> 01:17:31,250
Lawyer 2: Do you know
whether Abu Zubaydah

1715
01:17:31,334 --> 01:17:34,167
was asked any questions
during the isolation phase?

1716
01:17:35,083 --> 01:17:36,334
Did I know?

1717
01:17:36,417 --> 01:17:38,167
-Lawyer 2: Do you know now?
-Do I know now?

1718
01:17:38,250 --> 01:17:39,751
Uh, I've come--

1719
01:17:39,834 --> 01:17:41,959
yeah, I've come to learn that
there was a period of time

1720
01:17:42,042 --> 01:17:43,792
where he was
not asked questions.

1721
01:17:43,876 --> 01:17:46,459
Lawyer 2: And at the time,
did you know that?

1722
01:17:46,542 --> 01:17:48,667
At, at the very beginning,

1723
01:17:48,751 --> 01:17:51,042
as the techniques
were being described to me?

1724
01:17:51,125 --> 01:17:54,417
-At that point in time?
-Lawyer 2: At the time
when you were seeking

1725
01:17:54,500 --> 01:17:57,292
the Department
of Justice's opinion

1726
01:17:57,375 --> 01:17:58,626
on the techniques?

1727
01:17:58,709 --> 01:18:00,375
No, I don't believe so.

1728
01:18:11,417 --> 01:18:15,334
Jones:<i> The CIA is tasked</i>
<i>with stopping the next attack.</i>

1729
01:18:15,417 --> 01:18:18,042
Abu Zubaydah has been
providing intelligence

1730
01:18:18,125 --> 01:18:19,584
up until this point.

1731
01:18:19,667 --> 01:18:21,083
<i>And yet they leave him,</i>

1732
01:18:21,167 --> 01:18:23,709
<i>the only
high-value detainee,</i>

1733
01:18:23,792 --> 01:18:25,792
<i>alone without any contact.</i>

1734
01:18:27,542 --> 01:18:31,542
<i>During that period,
there are analysts still
sending in requirements.</i>

1735
01:18:31,626 --> 01:18:32,876
<i>One analyst says,</i>

1736
01:18:32,959 --> 01:18:34,959
"I want to learn more
about an individual

1737
01:18:35,042 --> 01:18:36,918
"who is in
Abu Zubaydah's address book.

1738
01:18:37,000 --> 01:18:39,792
<i>Abu Ahmed al-Kuwaiti."</i>

1739
01:18:39,876 --> 01:18:41,459
Of course,
nobody is around

1740
01:18:41,542 --> 01:18:43,292
to ask about
Abu Ahmed al-Kuwaiti.

1741
01:18:43,375 --> 01:18:44,292
(helicopter blades whirring)

1742
01:18:44,375 --> 01:18:46,125
(indistinct radio conversation)

1743
01:18:46,209 --> 01:18:47,751
<i>Nearly a decade later,</i>

1744
01:18:47,834 --> 01:18:50,459
<i>we finally obtained
Bin Laden's location,</i>

1745
01:18:50,542 --> 01:18:54,125
and it's through a man
named Abu Ahmed al-Kuwaiti.

1746
01:18:54,209 --> 01:18:55,959
So this lost opportunity

1747
01:18:56,042 --> 01:18:59,751
to ask Abu Zubaydah
in July of 2002,

1748
01:18:59,834 --> 01:19:02,667
when he's providing information
about a man in his address book

1749
01:19:02,751 --> 01:19:05,667
<i>who is Osama Bin Laden's
personal assistant</i>

1750
01:19:05,751 --> 01:19:08,125
<i>is a remarkable failure.</i>

1751
01:19:08,209 --> 01:19:11,626
Abu Zubaydah's isolation
was not about Abu Zubaydah.

1752
01:19:11,709 --> 01:19:15,000
It was about the politics
and legal opinions, right?

1753
01:19:15,083 --> 01:19:17,375
This was the idea
that we need to go hard.

1754
01:19:17,459 --> 01:19:20,000
We want it on paper that
you will not prosecute us

1755
01:19:20,083 --> 01:19:21,500
for engaging in torture.

1756
01:19:26,334 --> 01:19:28,751
<i>From the very beginning
in late 2001,</i>

1757
01:19:28,834 --> 01:19:30,417
<i>there were people
in the Agency,</i>

1758
01:19:30,500 --> 01:19:32,125
<i>in the
Counterterrorism Division,</i>

1759
01:19:32,209 --> 01:19:35,584
in their legal department
discussing torture.

1760
01:19:35,667 --> 01:19:37,042
<i>And they're using
the word "torture."</i>

1761
01:19:37,125 --> 01:19:39,083
<i>One email says
in the subject line,</i>

1762
01:19:39,167 --> 01:19:40,292
<i>"Torture update"</i>

1763
01:19:40,375 --> 01:19:42,417
And the lawyers,
not the operators,

1764
01:19:42,500 --> 01:19:44,125
not people who are
out in the field,

1765
01:19:44,209 --> 01:19:45,542
lawyers are discussing

1766
01:19:45,626 --> 01:19:48,167
how the CIA
can engage in torture

1767
01:19:48,250 --> 01:19:50,125
without being prosecuted
later on.

1768
01:19:50,209 --> 01:19:52,292
And in fact, they reach out
to the Department of Justice

1769
01:19:52,375 --> 01:19:55,083
to try to obtain
a declination of prosecution,

1770
01:19:55,167 --> 01:19:56,792
which says, "If we engage
in torture,

1771
01:19:56,876 --> 01:19:58,959
will you agree
not to prosecute us?"

1772
01:20:00,334 --> 01:20:03,292
Rizzo:
<i>After that initial</i>
<i>briefing by our people,</i>

1773
01:20:03,375 --> 01:20:06,751
<i>I convened a meeting
at the White House.</i>

1774
01:20:06,834 --> 01:20:10,459
<i>The initial reaction,
not just of the
Justice Department lawyers,</i>

1775
01:20:10,542 --> 01:20:11,876
but the White House counsel,

1776
01:20:11,959 --> 01:20:13,918
and the National Security
Council legal advisors

1777
01:20:14,000 --> 01:20:17,292
was what
my initial reaction was.

1778
01:20:17,375 --> 01:20:19,375
What, what is this stuff,
I mean, you know,

1779
01:20:19,459 --> 01:20:21,042
it was just
so beyond anything

1780
01:20:21,125 --> 01:20:23,667
any of us could have
even contemplated.

1781
01:20:25,083 --> 01:20:27,500
<i>None of the lawyers
assembled there said,</i>

1782
01:20:27,584 --> 01:20:28,834
<i>"You guys are crazy.</i>

1783
01:20:28,918 --> 01:20:31,000
<i>"This administration
is never going</i>

1784
01:20:31,083 --> 01:20:32,667
<i>"to do something
like that.</i>

1785
01:20:32,751 --> 01:20:34,834
<i>"This is immoral,
it is illegal.</i>

1786
01:20:34,918 --> 01:20:36,000
End of story."

1787
01:20:36,083 --> 01:20:37,334
None of them did that.

1788
01:20:37,417 --> 01:20:38,459
There's two kinds of lawyers.

1789
01:20:38,542 --> 01:20:40,125
There's one
that comes in and says,

1790
01:20:40,209 --> 01:20:42,500
"What do you want to do, boss?
I'll tell you if it's legal."

1791
01:20:42,584 --> 01:20:44,417
And then there's the other one
that comes in and says,

1792
01:20:44,500 --> 01:20:46,292
"What do you want to do, boss?
I'll make it legal."

1793
01:20:46,375 --> 01:20:49,042
Well, I found out
there were six of those,

1794
01:20:49,125 --> 01:20:50,584
at least six of those

1795
01:20:50,667 --> 01:20:53,209
second type
in the administration.

1796
01:20:53,292 --> 01:20:57,334
<i>Starts with White House
Counsel Alberto Gonzales.</i>

1797
01:20:57,417 --> 01:20:59,959
But the real Machiavelli
in the whole thing,

1798
01:21:00,042 --> 01:21:01,876
and that's an insult
to Machiavelli,

1799
01:21:01,959 --> 01:21:04,292
was David Addington,

1800
01:21:04,375 --> 01:21:06,292
<i>Dick Cheney's go-to man</i>

1801
01:21:06,375 --> 01:21:09,375
<i>for everything
of a legal nature.</i>

1802
01:21:09,459 --> 01:21:12,417
<i>We used to call him when he was
in the Pentagon, "Weird David."</i>

1803
01:21:12,500 --> 01:21:14,125
<i>We thought no one
would listen to David.</i>

1804
01:21:14,209 --> 01:21:15,876
<i>He's so crazy.</i>

1805
01:21:15,959 --> 01:21:17,792
<i>David was crafting</i>

1806
01:21:17,876 --> 01:21:22,292
<i>the, the whole business
of cover for torture</i>

1807
01:21:22,375 --> 01:21:24,250
from the
Vice President's office,

1808
01:21:24,334 --> 01:21:26,959
<i>using John Yoo
using Jay Bybee.</i>

1809
01:21:27,042 --> 01:21:29,417
<i>And the lawyers
are omnipresent.</i>

1810
01:21:29,500 --> 01:21:33,000
If you get a bunch of them
whose whole philosophy is,

1811
01:21:33,083 --> 01:21:34,959
"Tell me what you want
to do, Mr. President,

1812
01:21:35,042 --> 01:21:37,751
and I'll make it legal,"
they mean it.

1813
01:21:37,834 --> 01:21:39,667
Jones:<i> At the very end,</i>
<i>end of July,</i>

1814
01:21:39,751 --> 01:21:41,250
<i>Condoleezza Rice
is pushing back.</i>

1815
01:21:41,334 --> 01:21:43,626
<i>"How can you tell me
waterboarding,</i>

1816
01:21:43,709 --> 01:21:44,918
<i>"sleep deprivation,</i>

1817
01:21:45,000 --> 01:21:46,250
"putting someone
in a coffin-shaped box,

1818
01:21:46,334 --> 01:21:47,918
"how can you tell me
this won't result

1819
01:21:48,000 --> 01:21:49,209
"in lasting harm?

1820
01:21:49,292 --> 01:21:51,542
How could you
possibly say that?"

1821
01:21:51,626 --> 01:21:55,209
<i>So Mitchell and company
go back to the SERE Program</i>

1822
01:21:55,292 --> 01:21:56,667
<i>and they say,
"Has there ever been</i>

1823
01:21:56,751 --> 01:21:59,083
<i>any lasting harm
with these techniques?"</i>

1824
01:21:59,167 --> 01:22:01,292
And the SERE Program says,
"Hold on.

1825
01:22:01,375 --> 01:22:03,751
"First of all,
this is a training scenario.

1826
01:22:03,834 --> 01:22:06,292
"We expose these members
very briefly

1827
01:22:06,375 --> 01:22:08,083
"to techniques used
by our enemies

1828
01:22:08,167 --> 01:22:09,375
"that don't believe
in Geneva.

1829
01:22:09,459 --> 01:22:11,042
"And second of all,
are you thinking

1830
01:22:11,125 --> 01:22:13,000
"about using this
for intelligence collection?

1831
01:22:13,083 --> 01:22:15,834
Because this doesn't--
this isn't for that."

1832
01:22:15,918 --> 01:22:17,167
Woman:
Raise your right hand.

1833
01:22:17,250 --> 01:22:19,667
Gibney:<i> For some reason,</i>
<i>the CIA never consulted</i>

1834
01:22:19,751 --> 01:22:20,918
<i>its own experts.</i>

1835
01:22:21,000 --> 01:22:22,417
<i>One of them
was Charles Morgan,</i>

1836
01:22:22,500 --> 01:22:23,876
<i>a psychiatrist
who had studied</i>

1837
01:22:23,959 --> 01:22:25,542
<i>the effects of
the SERE Program</i>

1838
01:22:25,626 --> 01:22:27,959
<i>and knew that
some soldiers had died</i>

1839
01:22:28,042 --> 01:22:30,667
<i>and many others
suffered from PTSD.</i>

1840
01:22:30,751 --> 01:22:33,000
With respect to stress,
it was well known

1841
01:22:33,083 --> 01:22:35,083
with the data
we had presented

1842
01:22:35,167 --> 01:22:37,125
and were publishing
in the science community

1843
01:22:37,209 --> 01:22:40,042
that the level of stress
in the training program

1844
01:22:40,125 --> 01:22:43,042
was creating hormone changes
and psychological changes

1845
01:22:43,125 --> 01:22:45,209
greater than we'd
ever measured in humans,

1846
01:22:45,292 --> 01:22:46,918
in human experiments

1847
01:22:47,000 --> 01:22:49,375
and that that stress
was capable

1848
01:22:49,459 --> 01:22:51,500
of being traumatic

1849
01:22:51,584 --> 01:22:54,584
in the training program,
that it had that capacity.

1850
01:22:54,667 --> 01:22:56,042
So, I would have said that.

1851
01:22:56,125 --> 01:22:57,709
The second point
would have been

1852
01:22:57,792 --> 01:22:59,209
that, um...

1853
01:22:59,292 --> 01:23:02,042
as a way of using techniques
to get information,

1854
01:23:02,125 --> 01:23:04,542
it was probably
a very dumb idea.

1855
01:23:04,626 --> 01:23:06,792
And I would
say that because

1856
01:23:06,876 --> 01:23:08,667
the impact of stress
on human cognition

1857
01:23:08,751 --> 01:23:10,334
degrades
cognitive functioning

1858
01:23:10,417 --> 01:23:12,500
and human memory.

1859
01:23:12,584 --> 01:23:14,667
Rapport-building techniques
is, is the way to go

1860
01:23:14,751 --> 01:23:17,125
if you want
to get accurate data.

1861
01:23:17,209 --> 01:23:19,709
<i>That never gets reported
back to Rice.</i>

1862
01:23:21,584 --> 01:23:23,167
Rizzo:
<i>A month or two later,</i>

1863
01:23:23,250 --> 01:23:25,792
we received the final
written opinion,

1864
01:23:25,876 --> 01:23:28,542
the first of many
over the years,

1865
01:23:28,626 --> 01:23:31,083
<i>now euphemistically
referred to</i>

1866
01:23:31,167 --> 01:23:33,459
<i>as the torture memos.</i>

1867
01:23:33,542 --> 01:23:35,042
Gibney:
<i>The first memo was predicated</i>

1868
01:23:35,125 --> 01:23:37,542
<i>on facts presented
by the CIA.</i>

1869
01:23:37,626 --> 01:23:40,918
<i>But it also stated that
if those facts were to change,</i>

1870
01:23:41,000 --> 01:23:43,584
<i>the legal basis for torture
might disappear.</i>

1871
01:23:43,667 --> 01:23:47,292
<i>And what if the facts
weren't facts at all?</i>

1872
01:23:47,375 --> 01:23:50,042
<i>As support for EITs,
the CIA presented</i>

1873
01:23:50,125 --> 01:23:52,959
<i>a psychological assessment
of Abu Zubaydah</i>

1874
01:23:53,042 --> 01:23:55,209
<i>as a rationale
for why the agency</i>

1875
01:23:55,292 --> 01:23:58,459
<i>would have to subject him
to something different.</i>

1876
01:23:58,542 --> 01:24:01,209
Here, take a look at this,
or-or scan through it quickly.

1877
01:24:01,292 --> 01:24:04,042
-Right.
-And talk about the
psychological assessment

1878
01:24:04,125 --> 01:24:05,542
of how important this was

1879
01:24:05,626 --> 01:24:07,751
in terms of setting up
this whole

1880
01:24:07,834 --> 01:24:10,000
enhanced interrogation program.

1881
01:24:11,083 --> 01:24:12,417
Yeah.

1882
01:24:12,500 --> 01:24:13,792
Yeah, this is it.

1883
01:24:13,876 --> 01:24:15,459
This is the document.

1884
01:24:16,709 --> 01:24:18,751
<i>It's really overly generous</i>

1885
01:24:18,834 --> 01:24:21,167
<i>to call this
a psychological assessment.</i>

1886
01:24:21,250 --> 01:24:23,584
That's the label
they give to it.

1887
01:24:23,667 --> 01:24:26,250
Um, but, um,

1888
01:24:26,334 --> 01:24:28,918
what it is,
an-an-and to this day,

1889
01:24:29,000 --> 01:24:32,292
so far as I know,
we don't know who wrote it.

1890
01:24:32,375 --> 01:24:35,918
<i>What we know is that
it was faxed to John Yoo,</i>

1891
01:24:36,000 --> 01:24:38,292
<i>who is a lawyer in the Office
of Legal Counsel</i>

1892
01:24:38,375 --> 01:24:41,375
<i>on the 24th of July
of 2002,</i>

1893
01:24:41,459 --> 01:24:45,209
<i>when Yoo was drafting
the torture memo.</i>

1894
01:24:45,292 --> 01:24:47,542
<i>In the memo that approves</i>

1895
01:24:47,626 --> 01:24:50,959
<i>the enhanced interrogation
of Abu Zubaydah,</i>

1896
01:24:51,042 --> 01:24:54,334
<i>John Yoo recognizes
that these techniques</i>

1897
01:24:54,417 --> 01:24:57,459
<i>could have lasting
destructive effect</i>

1898
01:24:57,542 --> 01:24:58,834
<i>on Abu Zubaydah.</i>

1899
01:24:58,918 --> 01:25:01,209
<i>And for that reason,
it is important, he says,</i>

1900
01:25:01,292 --> 01:25:04,125
<i>to know something
about his background</i>

1901
01:25:04,209 --> 01:25:06,042
<i>and psychological profile.</i>

1902
01:25:06,125 --> 01:25:08,542
So lo and behold,
this document appears,

1903
01:25:08,626 --> 01:25:12,250
which says, here's--
here's who he is.

1904
01:25:15,000 --> 01:25:16,626
Soufan:<i> They made</i>
<i>their legal position</i>

1905
01:25:16,709 --> 01:25:19,751
<i>based on facts presented
to them by the CIA.</i>

1906
01:25:20,834 --> 01:25:22,667
<i>And their facts are what?</i>

1907
01:25:22,751 --> 01:25:25,626
<i>That Abu Zubaydah
was not cooperating.</i>

1908
01:25:25,709 --> 01:25:27,334
Which is a lie.
He was.

1909
01:25:27,417 --> 01:25:30,083
There was a discussion
about the CIA representation

1910
01:25:30,167 --> 01:25:32,500
that Abu Zubaydah
is resisting interrogation

1911
01:25:32,584 --> 01:25:34,375
and that he's
a trained resister.

1912
01:25:34,459 --> 01:25:36,542
<i>But there's no evidence
of that whatsoever.</i>

1913
01:25:36,626 --> 01:25:38,375
<i>In fact, all of
the documentary evidence</i>

1914
01:25:38,459 --> 01:25:41,209
<i>suggests that Abu Zubaydah
always cooperated.</i>

1915
01:25:41,292 --> 01:25:43,250
Joe Margulies:<i> It claims,</i>
<i>"Abu Zubaydah is currently</i>

1916
01:25:43,334 --> 01:25:45,918
the third or fourth man
in Al-Qaeda." That's wrong.

1917
01:25:46,000 --> 01:25:47,667
He wasn't even
a member of Al-Qaeda,

1918
01:25:47,751 --> 01:25:48,709
and we knew that.

1919
01:25:48,792 --> 01:25:50,542
There was only one person

1920
01:25:50,626 --> 01:25:52,125
who ever identified
Abu Zubaydah

1921
01:25:52,209 --> 01:25:53,792
as number three
or four in Al-Qaeda.

1922
01:25:53,876 --> 01:25:56,125
And we know this
because CTC legal,

1923
01:25:56,209 --> 01:25:57,375
the top of CTC legal,

1924
01:25:57,459 --> 01:25:59,000
the people who's providing
this information

1925
01:25:59,083 --> 01:26:00,292
to the Department of Justice,

1926
01:26:00,375 --> 01:26:01,417
discussed the fact

1927
01:26:01,500 --> 01:26:03,083
that there was one person
who said this

1928
01:26:03,167 --> 01:26:04,667
and the person
retracted that

1929
01:26:04,751 --> 01:26:07,042
<i>in June or July of 2002,</i>

1930
01:26:07,125 --> 01:26:09,500
<i>prior to
the DOJ legal opinion.</i>

1931
01:26:09,584 --> 01:26:11,125
Yet they keep it in there.

1932
01:26:11,209 --> 01:26:13,417
"A planner of
the September 11 hijackings."

1933
01:26:13,500 --> 01:26:14,459
That's wrong.

1934
01:26:14,542 --> 01:26:16,083
"Alleged to have written
Al-Qaeda's manual

1935
01:26:16,167 --> 01:26:17,834
on resistance techniques."
That's wrong.

1936
01:26:17,918 --> 01:26:19,751
<i>"Involved in every major
Al-Qaeda</i>

1937
01:26:19,834 --> 01:26:21,584
<i>terrorist operation."
That's wrong.</i>

1938
01:26:21,667 --> 01:26:23,042
<i>"Served as
the operational planner</i>

1939
01:26:23,125 --> 01:26:25,042
<i>for the Millennium plot."
That's wrong.</i>

1940
01:26:25,125 --> 01:26:26,584
"Directed the startup

1941
01:26:26,667 --> 01:26:29,125
of a Bin Laden cell
in Jordan."

1942
01:26:29,209 --> 01:26:31,083
No.
"Managed a network

1943
01:26:31,167 --> 01:26:32,751
of training camps
for Al-Qaeda."

1944
01:26:32,834 --> 01:26:34,667
No. It's-- there's nothing.

1945
01:26:36,626 --> 01:26:39,000
Gibney:
<i>The CIA claims</i>
<i>presented as facts</i>

1946
01:26:39,083 --> 01:26:40,626
<i>resulted in
official legal approval</i>

1947
01:26:40,709 --> 01:26:44,292
<i>for the new Enhanced
Interrogation Techniques.</i>

1948
01:26:44,375 --> 01:26:47,626
<i>The only question was
who would decide in the field</i>

1949
01:26:47,709 --> 01:26:49,876
<i>when to throw the prisoner
against the wall</i>

1950
01:26:49,959 --> 01:26:52,042
<i>and when to waterboard him.</i>

1951
01:26:55,375 --> 01:26:56,584
Mitchell:
<i>At some point,</i>

1952
01:26:56,667 --> 01:26:59,584
Jose Rodriguez came up
to me and said,

1953
01:26:59,667 --> 01:27:02,042
"Will you do
these interrogations?"

1954
01:27:02,125 --> 01:27:04,792
And I said... "No."

1955
01:27:04,876 --> 01:27:07,918
And then one
of his senior guys

1956
01:27:08,000 --> 01:27:09,500
leaned into me and said,

1957
01:27:09,584 --> 01:27:11,292
"You've watched him now
for months.

1958
01:27:11,375 --> 01:27:12,918
"You've seen
all the intelligence.

1959
01:27:13,000 --> 01:27:14,417
"You know what
we're up against.

1960
01:27:14,500 --> 01:27:15,876
"And if you're not
willing to help,

1961
01:27:15,959 --> 01:27:17,792
how can we ask
somebody else to?"

1962
01:27:20,000 --> 01:27:22,250
<i>I wasn't willing
to stand by.</i>

1963
01:27:22,334 --> 01:27:25,751
<i>I knew that I would feel
much worse about myself</i>

1964
01:27:25,834 --> 01:27:29,375
<i>if there had been
a big smoking hole
in Los Angeles</i>

1965
01:27:29,459 --> 01:27:31,042
<i>that had killed
a bunch of people</i>

1966
01:27:31,125 --> 01:27:33,375
<i>and I had walked away
from something</i>

1967
01:27:33,459 --> 01:27:36,000
that the Justice Department
said was legal,

1968
01:27:36,083 --> 01:27:39,042
that I was unwilling
to help them with.

1969
01:27:39,125 --> 01:27:41,792
<i>I said, "I will do it,
but I need help</i>

1970
01:27:41,876 --> 01:27:44,876
<i>because I don't know
everything I need to know."</i>

1971
01:27:44,959 --> 01:27:46,584
<i>And they had worked
with Doc Jessen,</i>

1972
01:27:46,667 --> 01:27:48,209
<i>so they agreed
to bring him in.</i>

1973
01:27:48,292 --> 01:27:50,167
<i>He had been through
several interrogation courses.</i>

1974
01:27:50,250 --> 01:27:52,167
He's brilliant
and much more familiar

1975
01:27:52,250 --> 01:27:53,751
with these things
than I was.

1976
01:27:55,209 --> 01:27:56,834
I don't know exactly
how it happened,

1977
01:27:56,918 --> 01:27:59,959
but Jose Rodriguez...
What?

1978
01:28:00,042 --> 01:28:01,292
Is that okay?

1979
01:28:01,375 --> 01:28:04,125
Alright.
Jose Rodriguez, uh...

1980
01:28:05,542 --> 01:28:07,918
who already had
a relationship with Jim,

1981
01:28:08,459 --> 01:28:09,417
uh...

1982
01:28:10,876 --> 01:28:14,125
they had a discussion
about the tactics,

1983
01:28:14,209 --> 01:28:17,125
uh, that are used
at the SERE School to train

1984
01:28:18,042 --> 01:28:19,292
not just the standard folks

1985
01:28:19,375 --> 01:28:23,042
but the special operators
in particular.

1986
01:28:23,125 --> 01:28:26,417
Jose told me that
he asked Jim what he needed,

1987
01:28:26,500 --> 01:28:29,918
and Jim said that
he would like me to help him.

1988
01:28:30,000 --> 01:28:31,876
Lawyer: So what led you
to conclude that they were

1989
01:28:31,959 --> 01:28:33,709
quote,
"eminently qualified"?

1990
01:28:33,792 --> 01:28:35,292
I just took it for granted
that they knew

1991
01:28:35,375 --> 01:28:36,667
what they were doing.

1992
01:28:39,167 --> 01:28:42,083
Kleinman:
<i>Jim Mitchell and Bruce Jessen</i>
<i>helped develop the best</i>

1993
01:28:42,167 --> 01:28:43,751
<i>Resistance
to Interrogation program</i>

1994
01:28:43,834 --> 01:28:45,167
<i>in the world, bar none.</i>

1995
01:28:45,250 --> 01:28:46,792
<i>But here's what
should have happened.</i>

1996
01:28:46,876 --> 01:28:49,500
<i>After their presentation,
George Tenet
should have said,</i>

1997
01:28:49,584 --> 01:28:50,626
"Gentlemen,

1998
01:28:50,709 --> 01:28:52,000
"I really appreciate
you coming by,

1999
01:28:52,083 --> 01:28:53,667
"but just a few questions
before you leave.

2000
01:28:53,751 --> 01:28:56,125
"I didn't see here--
Tell me about the,

2001
01:28:56,209 --> 01:28:57,626
"the real-world interrogations

2002
01:28:57,709 --> 01:28:59,792
"that you've
actually conducted?

2003
01:28:59,876 --> 01:29:01,417
"Oh. None. Okay.

2004
01:29:01,500 --> 01:29:04,417
"Well, how about
the real-world interrogations

2005
01:29:04,500 --> 01:29:06,500
"that you've observed?

2006
01:29:06,584 --> 01:29:08,751
"Oh, well,
maybe a couple? Okay.

2007
01:29:08,834 --> 01:29:10,375
"Um, alright. Well,

2008
01:29:10,459 --> 01:29:13,167
"but you've worked in the
intelligence world before? No.

2009
01:29:13,250 --> 01:29:15,042
"But you do have
a deep understanding of--

2010
01:29:15,125 --> 01:29:16,459
"No, not that either.

2011
01:29:17,709 --> 01:29:19,000
"All right, well,
so you've actually,

2012
01:29:19,083 --> 01:29:20,876
"your experience is
all about teaching resistance,

2013
01:29:20,959 --> 01:29:23,334
"which was actually--
we were mimicking the

2014
01:29:23,417 --> 01:29:24,792
"what we call torture

2015
01:29:24,876 --> 01:29:27,542
"by countries that weren't
signatory to Geneva Convention.

2016
01:29:27,626 --> 01:29:29,751
"And the doctrine was,
if I recall,

2017
01:29:29,834 --> 01:29:31,000
"that that...

2018
01:29:31,083 --> 01:29:34,042
"is not useful
for anything but propaganda

2019
01:29:34,125 --> 01:29:36,834
"and false confessions,
which,

2020
01:29:36,918 --> 01:29:38,751
"I'm the, I'm the director
of Central Intelligence,

2021
01:29:38,834 --> 01:29:40,334
"I deal with information.
That'd be on the other end

2022
01:29:40,417 --> 01:29:42,292
"of the spectrum
from intelligence.

2023
01:29:42,375 --> 01:29:44,417
"So why is it that
we could switch...

2024
01:29:44,500 --> 01:29:46,459
"We really can't.
Well, gentlemen,

2025
01:29:46,542 --> 01:29:49,167
"you are the best at teaching
resistance to interrogation.

2026
01:29:49,250 --> 01:29:51,209
"We need to hire you
to train everybody

2027
01:29:51,292 --> 01:29:52,792
"in this room
that ever goes overseas.

2028
01:29:52,876 --> 01:29:56,334
"But when it comes
to interrogation,
thank you for your time."

2029
01:29:56,417 --> 01:29:59,375
Gibney:<i> There's</i>
<i>that word again: time.</i>

2030
01:29:59,459 --> 01:30:01,667
<i>As it turned out,
the CIA was so grateful</i>

2031
01:30:01,751 --> 01:30:03,500
<i>for Mitchell
and Jessen's time</i>

2032
01:30:03,584 --> 01:30:05,792
<i>that the agency paid
the psychologists</i>

2033
01:30:05,876 --> 01:30:07,292
<i>$1,800 a day</i>

2034
01:30:07,375 --> 01:30:10,292
<i>to go back to Thailand
to interrogate Abu Zubaydah.</i>

2035
01:30:10,375 --> 01:30:12,667
<i>While they weren't
interrogators,</i>

2036
01:30:12,751 --> 01:30:15,083
<i>they were armed
with one important weapon,</i>

2037
01:30:15,167 --> 01:30:16,918
<i>a decision from
the Department of Justice</i>

2038
01:30:17,000 --> 01:30:19,459
<i>that would allow them
to torture Abu Zubaydah</i>

2039
01:30:19,542 --> 01:30:23,459
<i>within seconds of death
without fear of prosecution.</i>

2040
01:30:23,542 --> 01:30:25,500
Rizzo:
<i>A fateful decision was made</i>

2041
01:30:25,584 --> 01:30:27,334
<i>at the beginning
of his interrogation</i>

2042
01:30:27,417 --> 01:30:29,125
<i>to videotape the sessions.</i>

2043
01:30:29,209 --> 01:30:32,626
We were just trying to ponder
every worst-case scenario.

2044
01:30:32,709 --> 01:30:35,626
<i>That he dies
while in CIA custody.</i>

2045
01:30:35,709 --> 01:30:37,000
<i>The possibility would exist</i>

2046
01:30:37,083 --> 01:30:39,000
<i>that somewhere
somehow someone</i>

2047
01:30:39,083 --> 01:30:42,167
would accuse CIA
of purposely killing him.

2048
01:30:48,751 --> 01:30:52,209
Jones:
<i>They begin at 11:50 a.m.</i>
<i>on August 4th.</i>

2049
01:30:52,292 --> 01:30:54,334
<i>Abu Zubaydah is hooded.</i>

2050
01:30:54,417 --> 01:30:57,125
<i>A coffin-shaped box
is brought into the room.</i>

2051
01:30:57,209 --> 01:31:00,250
<i>Abu Zubaydah is unhooded
and shown the box...</i>

2052
01:31:00,334 --> 01:31:02,334
<i>the insinuation being,
of course,</i>

2053
01:31:02,417 --> 01:31:05,834
<i>that he could be killed
and buried there.</i>

2054
01:31:05,918 --> 01:31:09,334
<i>Within seven hours,
around six p.m. that night,</i>

2055
01:31:09,417 --> 01:31:11,667
<i>Abu Zubaydah is waterboarded
for the first time.</i>

2056
01:31:13,334 --> 01:31:15,209
<i>He's in isolation
for 47 days.</i>

2057
01:31:15,292 --> 01:31:17,167
Within six hours,
he's waterboarded,

2058
01:31:17,250 --> 01:31:20,375
and he has these convulsions
and he vomits.

2059
01:31:22,542 --> 01:31:24,083
<i>And for 17 days,</i>

2060
01:31:24,167 --> 01:31:26,417
<i>Abu Zubaydah
is tortured nonstop.</i>

2061
01:31:32,125 --> 01:31:34,667
Lawyer:<i> I was reading</i>
<i>through the cables</i>

2062
01:31:34,751 --> 01:31:38,250
<i>from Abu Zubaydah's
interrogation.</i>

2063
01:31:38,334 --> 01:31:39,876
Do remember those cables?

2064
01:31:41,167 --> 01:31:42,667
Uh, it's been 15 years.

2065
01:31:42,751 --> 01:31:44,542
Lawyer: Okay, let's,
let's show them to you.

2066
01:31:45,834 --> 01:31:47,584
<i>This is a cable regarding</i>

2067
01:31:47,667 --> 01:31:50,125
<i>the interrogation
of Abu Zubaydah, correct?</i>

2068
01:31:50,209 --> 01:31:51,167
Yes.

2069
01:31:52,292 --> 01:31:54,209
Lawyer:
<i>And it goes through a number</i>

2070
01:31:54,292 --> 01:31:56,542
<i>of Enhanced
Interrogation Techniques,
right?</i>

2071
01:31:56,626 --> 01:31:58,167
-Rodriguez:<i> Yes.</i>
-Lawyer:<i> It describes walling</i>

2072
01:31:58,250 --> 01:32:02,250
<i>and, um, and it describes
the confinement box.</i>

2073
01:32:02,334 --> 01:32:06,417
<i>And in paragraph nine,
it says,</i>

2074
01:32:06,500 --> 01:32:09,125
<i>the "subject has not provided
any new threat</i>

2075
01:32:09,209 --> 01:32:11,292
<i>or elaborated on
any old threat information."</i>

2076
01:32:11,375 --> 01:32:13,000
-Do you see that?
-Yes.

2077
01:32:13,083 --> 01:32:15,709
Lawyer: Um, when you read
that kind of thing,

2078
01:32:15,792 --> 01:32:17,709
was there any sense

2079
01:32:17,792 --> 01:32:20,792
that the Enhanced
Interrogation Techniques

2080
01:32:20,876 --> 01:32:22,292
were not being effective?

2081
01:32:22,375 --> 01:32:24,334
-At that point.
-Lawyer: At that point what?

2082
01:32:24,417 --> 01:32:26,000
At that point,
they were not being effective.

2083
01:32:26,083 --> 01:32:27,626
-Eventually, they were.
-Lawyer: Okay.

2084
01:32:27,709 --> 01:32:30,542
In what regard
did you then dial it back?

2085
01:32:30,626 --> 01:32:32,459
Because I'm reading
these cables

2086
01:32:32,542 --> 01:32:33,918
and it looks like
for 17 days,

2087
01:32:34,000 --> 01:32:37,334
he's being waterboarded
and he's put in confined,

2088
01:32:37,417 --> 01:32:39,209
in-in a confinement box

2089
01:32:39,292 --> 01:32:41,792
and put in stress positions
and walled.

2090
01:32:41,876 --> 01:32:44,334
-Am I wrong about that?
-Man: Objection.

2091
01:32:46,209 --> 01:32:49,125
Jones:<i> He spent 11 days</i>
<i>in the coffin-shaped box</i>

2092
01:32:49,209 --> 01:32:51,167
<i>several days
in a much smaller box.</i>

2093
01:32:51,250 --> 01:32:54,626
<i>If he wasn't in the smaller box
or in the coffin-shaped box,</i>

2094
01:32:54,709 --> 01:32:58,083
<i>he was on the waterboard
with a towel over his face</i>

2095
01:32:58,167 --> 01:33:00,083
or in
a sleep deprivation position,

2096
01:33:00,167 --> 01:33:02,250
essentially hanging
from the cell.

2097
01:33:04,834 --> 01:33:06,417
Margulies:<i> He was put</i>
<i>in these boxes,</i>

2098
01:33:06,500 --> 01:33:08,083
<i>not much wider
than his shoulders</i>

2099
01:33:08,167 --> 01:33:09,417
<i>and not much higher
than him.</i>

2100
01:33:09,500 --> 01:33:12,667
<i>And he was just left there,
260-some hours</i>

2101
01:33:12,751 --> 01:33:15,334
<i>to urinate
and defecate on himself.</i>

2102
01:33:15,417 --> 01:33:18,167
<i>That's not in the cables,</i>

2103
01:33:18,250 --> 01:33:20,000
but his drawings capture that.

2104
01:33:40,584 --> 01:33:42,792
Mitchell:
<i>Most people misunderstand</i>

2105
01:33:42,876 --> 01:33:43,918
<i>or they don't understand</i>

2106
01:33:44,000 --> 01:33:46,375
or they haven't bothered
to understand

2107
01:33:46,459 --> 01:33:48,667
the way that EITs were used.

2108
01:33:48,751 --> 01:33:51,500
EITs were used
to shape cooperation.

2109
01:33:51,584 --> 01:33:54,709
So what you did is
you put them in a situation

2110
01:33:54,792 --> 01:33:56,542
where they were uncomfortable,

2111
01:33:56,626 --> 01:33:59,042
and then as soon as they started
working with you,

2112
01:33:59,125 --> 01:34:02,042
even a little bit,
you-you cut back on that

2113
01:34:02,125 --> 01:34:04,626
and shift to
social influence techniques.

2114
01:34:04,709 --> 01:34:06,375
Jones:
<i>Mitchell and Jessen themselves</i>

2115
01:34:06,459 --> 01:34:08,000
<i>engaged in the waterboarding.</i>

2116
01:34:08,083 --> 01:34:11,334
They engaged in
all of the Enhanced
Interrogation Techniques.

2117
01:34:11,417 --> 01:34:13,334
And yet they had never applied
these techniques

2118
01:34:13,417 --> 01:34:15,792
to any members
of the US military.

2119
01:34:15,876 --> 01:34:18,292
They were only observers.

2120
01:34:18,375 --> 01:34:19,876
<i>The initial legal opinion</i>

2121
01:34:19,959 --> 01:34:22,000
<i>approved everything
but waterboarding.</i>

2122
01:34:22,083 --> 01:34:24,626
<i>But Jim Mitchell said
he would not do this</i>

2123
01:34:24,709 --> 01:34:26,459
<i>unless waterboarding
was approved</i>

2124
01:34:26,542 --> 01:34:29,667
<i>because it's an absolutely
convincing technique.</i>

2125
01:34:31,500 --> 01:34:33,083
Mitchell:
<i>The Justice Department said</i>

2126
01:34:33,167 --> 01:34:36,834
<i>you could waterboard from
20 to 40 seconds,</i>

2127
01:34:36,918 --> 01:34:39,167
<i>give them three full breaths</i>

2128
01:34:39,250 --> 01:34:42,834
<i>and then waterboard again
for 20 minutes.</i>

2129
01:34:42,918 --> 01:34:45,417
The first time we waterboarded
Abu Zubaydah,

2130
01:34:45,500 --> 01:34:49,626
it was clear to me
that that was too much water

2131
01:34:49,709 --> 01:34:51,125
and it was too long.

2132
01:34:51,209 --> 01:34:53,792
So what we did was
we cut back

2133
01:34:53,876 --> 01:34:57,292
to pours that were
eight seconds.

2134
01:35:03,918 --> 01:35:07,209
<i>You can easily hold
your breath for eight seconds.</i>

2135
01:35:07,292 --> 01:35:09,042
<i>And then there were
two pours</i>

2136
01:35:09,125 --> 01:35:10,500
<i>that were 20 seconds</i>

2137
01:35:10,584 --> 01:35:12,876
<i>and one pour
that was 40 seconds.</i>

2138
01:35:14,834 --> 01:35:16,626
Gibney: Eighty-three times,
was that the number?

2139
01:35:16,709 --> 01:35:19,042
That's the number
of times it was poured.

2140
01:35:19,125 --> 01:35:21,375
We know now
that he was waterboarded

2141
01:35:21,459 --> 01:35:24,709
83 times in the month
of August alone

2142
01:35:24,792 --> 01:35:26,542
and what
the waterboarding is, right,

2143
01:35:26,626 --> 01:35:29,459
sometimes you'll
see it described as
"simulated drowning."

2144
01:35:29,542 --> 01:35:32,000
<i>There's nothing "simulated"
about it at all.</i>

2145
01:35:32,083 --> 01:35:33,542
It's drowning, right?

2146
01:35:33,626 --> 01:35:34,792
You are strapped to a board,

2147
01:35:34,876 --> 01:35:38,626
<i>your legs,
your chest, your arms,</i>

2148
01:35:38,709 --> 01:35:40,542
<i>and your head
is strapped down</i>

2149
01:35:40,626 --> 01:35:41,751
<i>so you cannot move.</i>

2150
01:35:41,834 --> 01:35:43,000
<i>You're utterly immobilized.</i>

2151
01:35:43,083 --> 01:35:46,125
<i>And your neck
is lower than your feet.</i>

2152
01:35:46,209 --> 01:35:47,375
Then they wrap your face

2153
01:35:47,459 --> 01:35:48,876
in something
to obstruct breathing,

2154
01:35:48,959 --> 01:35:51,375
but that allows water
to pass through.

2155
01:35:51,459 --> 01:35:54,751
And then they pour water
up your nose

2156
01:35:54,834 --> 01:35:58,459
and down your throat
so that you breathe the water.

2157
01:35:58,542 --> 01:36:01,500
<i>And if you breathe water,
you will drown.</i>

2158
01:36:01,584 --> 01:36:03,584
<i>And so, straining
against the straps,</i>

2159
01:36:03,667 --> 01:36:06,542
<i>unable to move,
you begin to drown.</i>

2160
01:36:06,626 --> 01:36:09,667
And the art of this
particular torture

2161
01:36:09,751 --> 01:36:12,500
<i>is to know just the moment</i>

2162
01:36:12,584 --> 01:36:15,125
<i>when the brain
convinces the person</i>

2163
01:36:15,209 --> 01:36:16,792
<i>they are about to drown.</i>

2164
01:36:16,876 --> 01:36:19,000
You are about to die.

2165
01:36:19,083 --> 01:36:21,334
And at just that instant,

2166
01:36:21,417 --> 01:36:24,792
when you have just given up
into hysteria

2167
01:36:24,876 --> 01:36:26,459
because you are
about to drown,

2168
01:36:26,542 --> 01:36:28,459
that's when they
raise the board

2169
01:36:28,542 --> 01:36:30,292
and you vomit.

2170
01:36:30,375 --> 01:36:32,292
And just as you take
the first breath,

2171
01:36:32,375 --> 01:36:35,250
they put it down again
and then do it again.

2172
01:36:36,667 --> 01:36:39,000
Mitchell:<i> He wasn't</i>
<i>waterboarded on a board.</i>

2173
01:36:39,083 --> 01:36:42,209
<i>He was waterboarded
on a hospital surgical gurney.</i>

2174
01:36:42,292 --> 01:36:46,083
<i>Because that's what the CIA
wanted him waterboarded on.</i>

2175
01:36:46,167 --> 01:36:48,584
I can't tell you the number,
but it took more than a handful

2176
01:36:48,667 --> 01:36:50,042
of security guards
to raise it up

2177
01:36:50,125 --> 01:36:52,459
so he could clear
his nasal passages.

2178
01:36:55,000 --> 01:36:57,876
Jones:<i> The cables show that</i>
<i>he's having involuntary spasms.</i>

2179
01:36:57,959 --> 01:37:01,042
<i>He's weeping,
he's crying out for Allah.</i>

2180
01:37:01,125 --> 01:37:03,125
Mitchell:<i> We weren't interested</i>
<i>in drowning him.</i>

2181
01:37:03,209 --> 01:37:05,500
<i>We were interested
in getting him</i>

2182
01:37:05,584 --> 01:37:07,334
<i>to want to work with us.</i>

2183
01:37:07,417 --> 01:37:09,334
We weren't interested
in making him suffer.

2184
01:37:09,417 --> 01:37:10,834
Nobody was interested
in that.

2185
01:37:10,918 --> 01:37:12,834
Now, you know,
because it is an art,

2186
01:37:12,918 --> 01:37:15,250
one time they waited
too long

2187
01:37:15,334 --> 01:37:17,709
and they didn't
raise him up fast enough.

2188
01:37:20,459 --> 01:37:24,667
<i>And he actually did come
very, very close to dying.</i>

2189
01:37:24,751 --> 01:37:26,500
Jones:<i> During</i>
<i>one waterboarding session,</i>

2190
01:37:26,584 --> 01:37:29,083
<i>Abu Zubaydah became
completely unresponsive,</i>

2191
01:37:29,167 --> 01:37:31,125
<i>with bubbles rising
out of his mouth</i>

2192
01:37:31,209 --> 01:37:33,334
and needed to have
medical intervention.

2193
01:37:36,834 --> 01:37:39,042
Gibney:<i> Following</i>
<i>his near-death experience,</i>

2194
01:37:39,125 --> 01:37:41,167
<i>Abu Zubaydah
became compliant,</i>

2195
01:37:41,250 --> 01:37:43,292
<i>just like the dogs
who'd been shocked.</i>

2196
01:37:43,375 --> 01:37:45,250
<i>As Mitchell predicted,</i>

2197
01:37:45,334 --> 01:37:47,792
<i>Abu Zubaydah
learned helplessness.</i>

2198
01:37:57,083 --> 01:38:00,250
Rizzo:
<i>This is a perilous course</i>
<i>for the CIA to undertake.</i>

2199
01:38:00,334 --> 01:38:02,292
<i>So we made
a collective decision</i>

2200
01:38:02,375 --> 01:38:03,834
<i>that no one in CIA</i>

2201
01:38:03,918 --> 01:38:06,584
<i>would be required
to take part in it</i>

2202
01:38:06,667 --> 01:38:08,709
if their moral, ethical,

2203
01:38:08,792 --> 01:38:11,000
or just personal dictates

2204
01:38:11,083 --> 01:38:12,876
could not do it.

2205
01:38:12,959 --> 01:38:15,292
They were hardcore
about continuing this,

2206
01:38:15,375 --> 01:38:17,792
but after 72 hours,
I became convinced

2207
01:38:17,876 --> 01:38:19,709
<i>and Doc Jessen became convinced</i>

2208
01:38:19,792 --> 01:38:21,876
<i>that while he had
a lot of information</i>

2209
01:38:21,959 --> 01:38:24,834
<i>that could help us
stop threats in other countries</i>

2210
01:38:24,918 --> 01:38:28,542
<i>and help us identify
the structure of Al-Qaeda,</i>

2211
01:38:28,626 --> 01:38:30,542
<i>he didn't know anything
about attacks</i>

2212
01:38:30,626 --> 01:38:32,334
<i>that were on the ground
in place</i>

2213
01:38:32,417 --> 01:38:33,584
<i>in the United States.</i>

2214
01:38:33,667 --> 01:38:35,667
And so Doc Jessen
and I said,

2215
01:38:35,751 --> 01:38:39,083
"Hey, we don't need
to do this."

2216
01:38:39,167 --> 01:38:40,709
Jones:
<i>Within six days of using</i>

2217
01:38:40,792 --> 01:38:42,375
<i>the Enhanced
Interrogation Techniques,</i>

2218
01:38:42,459 --> 01:38:45,500
<i>there were calls by
the detention site team</i>

2219
01:38:45,584 --> 01:38:48,876
<i>requesting CIA headquarters'
permission to stop.</i>

2220
01:38:48,959 --> 01:38:51,792
People at the detention site
are upset, choking up,

2221
01:38:51,876 --> 01:38:53,751
wanting to leave
the detention site,

2222
01:38:53,834 --> 01:38:56,751
wanting to quit the program,
wanting to go back home.

2223
01:38:56,834 --> 01:38:58,834
<i>They wrote that
they were reaching</i>

2224
01:38:58,918 --> 01:39:01,167
<i>the legal limits
on what they could do.</i>

2225
01:39:01,250 --> 01:39:03,918
<i>Nonetheless,
Jose Rodriguez responds,</i>

2226
01:39:04,000 --> 01:39:06,542
<i>"Do not put your legal concerns
in writing.</i>

2227
01:39:06,626 --> 01:39:08,167
<i>Not helpful."</i>

2228
01:39:10,209 --> 01:39:12,042
Lawyer: Were you involved
in ordering

2229
01:39:12,125 --> 01:39:13,292
Doctors Mitchell and Jessen

2230
01:39:13,375 --> 01:39:15,292
to continue to waterboard
Abu Zubaydah?

2231
01:39:15,375 --> 01:39:16,876
-Yes.
-Lawyer: Why?

2232
01:39:16,959 --> 01:39:20,042
Well, I was the head of it,
and my analysts were concerned

2233
01:39:20,125 --> 01:39:21,959
that perhaps
he was not compliant.

2234
01:39:22,042 --> 01:39:23,042
Lawyer: Mm-hmm.

2235
01:39:23,125 --> 01:39:24,626
It says,
"For several days,"

2236
01:39:24,709 --> 01:39:26,042
Dr. Mitchell writes,
"We questioned

2237
01:39:26,125 --> 01:39:28,459
"the necessity
of continuing the EITs,

2238
01:39:28,542 --> 01:39:30,500
"but every day
we received cables,

2239
01:39:30,584 --> 01:39:32,083
"phone calls, or emails
instructing us

2240
01:39:32,167 --> 01:39:34,709
"to continue waterboarding
Abu Zubaydah.

2241
01:39:34,792 --> 01:39:36,667
"At one point, Bruce
and I pushed back hard

2242
01:39:36,751 --> 01:39:38,042
"and threatened to quit.

2243
01:39:38,125 --> 01:39:39,959
"We were told, quote,
he's turning you.

2244
01:39:40,042 --> 01:39:41,542
"You are not turning him.

2245
01:39:41,626 --> 01:39:43,751
"The officers
we were dealing with,

2246
01:39:43,834 --> 01:39:45,709
"mid-level CTC officials

2247
01:39:45,792 --> 01:39:47,792
"really pissed us off by saying,
'You've lost your spine.'"

2248
01:39:47,876 --> 01:39:49,250
"You've lost your spine.
He's turned you."

2249
01:39:49,334 --> 01:39:50,918
They called us pussies.
They said--

2250
01:39:51,000 --> 01:39:53,000
Lawyer: "If we didn't keep
waterboarding Abu Zubaydah

2251
01:39:53,083 --> 01:39:54,876
"and another attack
happened in United States,

2252
01:39:54,959 --> 01:39:57,042
it would be, quote, unquote,
'Your fault.'"

2253
01:39:57,125 --> 01:39:58,876
Is that,
to your knowledge, true?

2254
01:39:58,959 --> 01:40:01,125
Uh, I don't know what
mid-level officials

2255
01:40:01,209 --> 01:40:04,375
will tell, were telling,
uh... Mitchell.

2256
01:40:04,459 --> 01:40:07,167
Lawyer: Mm-hmm. Did you direct
any mid-level officials

2257
01:40:07,250 --> 01:40:09,542
-to say that kind
of thing to Mitchell?
-No.

2258
01:40:11,500 --> 01:40:14,292
There came a point
when Dr. Jessen and I said,

2259
01:40:14,375 --> 01:40:16,626
"We're not going to continue
doing this, you know.

2260
01:40:16,709 --> 01:40:18,709
"We don't think
it's necessary to continue

2261
01:40:18,792 --> 01:40:20,626
to waterboard
Abu Zubaydah."

2262
01:40:20,709 --> 01:40:23,751
At one point, they requested
that CIA personnel travel

2263
01:40:23,834 --> 01:40:25,042
to the detention site

2264
01:40:25,125 --> 01:40:27,000
and observe
what they were doing.

2265
01:40:27,083 --> 01:40:29,167
<i>CIA headquarters declined.</i>

2266
01:40:29,250 --> 01:40:31,667
<i>So the detention site
personnel decided</i>

2267
01:40:31,751 --> 01:40:33,876
<i>to put together
a "Best Of" tape.</i>

2268
01:40:35,042 --> 01:40:37,125
<i>And the purpose
of that tape was</i>

2269
01:40:37,209 --> 01:40:39,584
<i>to depict
the absolute worst moments</i>

2270
01:40:39,667 --> 01:40:42,792
<i>of torture of Abu Zubaydah,
to make it very visceral.</i>

2271
01:40:42,876 --> 01:40:45,375
<i>So CIA headquarters
would view this tape</i>

2272
01:40:45,459 --> 01:40:46,709
and say,
"Okay, we need to stop.

2273
01:40:46,792 --> 01:40:48,959
We agree. Stop torturing
Abu Zubaydah."

2274
01:40:49,042 --> 01:40:51,959
Instead, headquarters
told them to keep going.

2275
01:40:52,042 --> 01:40:54,542
-Gibney:
After they viewed the tape?
-After they viewed the tape.

2276
01:40:55,834 --> 01:40:58,375
<i>The detention site personnel
were surprised.</i>

2277
01:40:58,459 --> 01:41:00,959
<i>They blamed it on
a poor video link.</i>

2278
01:41:01,042 --> 01:41:02,417
<i>They can't quite see
the quality</i>

2279
01:41:02,500 --> 01:41:05,292
<i>of how bad it is
with this tape.</i>

2280
01:41:05,375 --> 01:41:07,792
<i>They couldn't believe
that anyone could view</i>

2281
01:41:07,876 --> 01:41:10,125
<i>what was happening
and tell them to keep going.</i>

2282
01:41:11,542 --> 01:41:13,751
Gibney:<i> In Washington,</i>
<i>psychologist Terry DeMay,</i>

2283
01:41:13,834 --> 01:41:16,751
<i>the head of CIA's Office
of Medical Services,</i>

2284
01:41:16,834 --> 01:41:18,209
<i>raised a ruckus.</i>

2285
01:41:18,292 --> 01:41:20,667
<i>After receiving
a series of secret messages</i>

2286
01:41:20,751 --> 01:41:22,250
<i>from nurses
at the black site,</i>

2287
01:41:22,334 --> 01:41:24,751
<i>DeMay would later
denounce the interrogation</i>

2288
01:41:24,834 --> 01:41:26,667
<i>as an amateurish experiment,</i>

2289
01:41:26,751 --> 01:41:29,250
<i>not safe or effective.</i>

2290
01:41:29,334 --> 01:41:31,209
<i>To get a firsthand assessment,</i>

2291
01:41:31,292 --> 01:41:34,626
<i>Jose Rodriguez sent a team
from headquarters to Thailand.</i>

2292
01:41:34,709 --> 01:41:38,083
<i>Among them were the lawyer
who had recommended
Mitchell for the job</i>

2293
01:41:38,167 --> 01:41:40,626
<i>and an analyst
named Alfreda Bikowsky,</i>

2294
01:41:40,709 --> 01:41:43,209
<i>whose enthusiasm
for harsh interrogations</i>

2295
01:41:43,292 --> 01:41:47,125
<i>would earn her the nickname
"The Queen of Torture."</i>

2296
01:41:47,209 --> 01:41:49,083
Mitchell:
<i>I suggested that they be</i>

2297
01:41:49,167 --> 01:41:51,125
<i>in the room
with us unmasked</i>

2298
01:41:51,209 --> 01:41:52,584
<i>while we did
the waterboarding</i>

2299
01:41:52,667 --> 01:41:54,792
<i>so they could see
what it was really like.</i>

2300
01:41:54,876 --> 01:41:57,375
<i>And we waterboarded him
one last time,</i>

2301
01:41:57,459 --> 01:42:00,042
<i>and the most senior person
there said,</i>

2302
01:42:00,125 --> 01:42:02,459
<i>"We don't need
to do this anymore.</i>

2303
01:42:02,542 --> 01:42:05,083
"We concur that he probably
doesn't know anything

2304
01:42:05,167 --> 01:42:07,542
"about current threats
inside the United States

2305
01:42:07,626 --> 01:42:09,334
"or he's, you know, he's,

2306
01:42:09,417 --> 01:42:11,459
he's not going
to share them."

2307
01:42:11,542 --> 01:42:14,626
And, um... literally,

2308
01:42:14,709 --> 01:42:17,542
we bathed him and told him
we weren't going to,

2309
01:42:17,626 --> 01:42:19,709
you know, nothing bad
was going to happen to him,

2310
01:42:19,792 --> 01:42:21,918
uh, and, uh...

2311
01:42:22,000 --> 01:42:23,792
it was
a pretty touching moment.

2312
01:42:24,959 --> 01:42:27,083
Gibney:
<i>The CIA cables from Thailand</i>

2313
01:42:27,167 --> 01:42:29,125
<i>struck a very different tone.</i>

2314
01:42:40,167 --> 01:42:41,584
Jones:
<i>The detention site never said</i>

2315
01:42:41,667 --> 01:42:43,876
<i>that Abu Zubaydah
had information.</i>

2316
01:42:43,959 --> 01:42:45,834
In fact, Mitchell
and others say

2317
01:42:45,918 --> 01:42:48,959
the program was a success,
not because it produced

2318
01:42:49,042 --> 01:42:50,667
vital unavailable information,

2319
01:42:50,751 --> 01:42:52,500
but because it proved
from the very beginning

2320
01:42:52,584 --> 01:42:54,083
he never had that information.

2321
01:42:55,167 --> 01:42:57,042
Gibney:
<i>There was one other success.</i>

2322
01:42:57,125 --> 01:42:58,667
<i>Toward the end
of the torture,</i>

2323
01:42:58,751 --> 01:43:00,626
<i>when the new team
from Washington was watching,</i>

2324
01:43:00,709 --> 01:43:03,500
<i>Abu Zubaydah said he made up
a number of plots</i>

2325
01:43:03,584 --> 01:43:05,042
<i>and admitted that, yes,</i>

2326
01:43:05,125 --> 01:43:07,876
<i>he really was the number three
in Al-Qaeda.</i>

2327
01:43:07,959 --> 01:43:11,083
<i>He knew it was false.
The CIA knew it was false.</i>

2328
01:43:11,167 --> 01:43:14,792
<i>But his confession confirmed
that the CIA's techniques</i>

2329
01:43:14,876 --> 01:43:18,209
<i>could get him to say anything
to make the torture stop.</i>

2330
01:43:20,250 --> 01:43:21,834
Jones:
<i>They finally get permission</i>

2331
01:43:21,918 --> 01:43:23,709
<i>to stop torturing
Abu Zubaydah,</i>

2332
01:43:23,792 --> 01:43:26,083
<i>and they call
the program a success.</i>

2333
01:43:26,167 --> 01:43:29,459
<i>And the cable recommends
using the same techniques</i>

2334
01:43:29,542 --> 01:43:31,417
<i>for other
high-value detainees.</i>

2335
01:43:31,500 --> 01:43:34,459
And who wrote that cable?
Jim Mitchell.

2336
01:43:34,542 --> 01:43:36,500
Gibney:
<i>Mitchell denies</i>
<i>writing the cable</i>

2337
01:43:36,584 --> 01:43:38,083
<i>but the techniques he devised</i>

2338
01:43:38,167 --> 01:43:40,125
<i>would become
standard operating procedure</i>

2339
01:43:40,209 --> 01:43:42,125
<i>for the CIA.</i>

2340
01:43:42,209 --> 01:43:45,083
<i>For a price
of over $180 million,</i>

2341
01:43:45,167 --> 01:43:47,417
<i>the CIA would contract
Mitchell and Jessen</i>

2342
01:43:47,500 --> 01:43:49,626
<i>to train and supervise
interrogators</i>

2343
01:43:49,709 --> 01:43:52,417
<i>at black sites
in eight foreign countries.</i>

2344
01:43:52,500 --> 01:43:55,417
<i>Despite Mitchell's attempts
to impose guidelines,</i>

2345
01:43:55,500 --> 01:43:57,792
<i>things would spin
out of control.</i>

2346
01:43:57,876 --> 01:43:59,584
<i>Following the torture
of Abu Zubaydah,</i>

2347
01:43:59,667 --> 01:44:01,918
<i>EITs mutated like a virus</i>

2348
01:44:02,000 --> 01:44:04,876
<i>and spread throughout the CIA
to Guantanamo</i>

2349
01:44:04,959 --> 01:44:07,751
<i>and military operations
in Afghanistan and Iraq.</i>

2350
01:44:07,834 --> 01:44:10,667
<i>What evolved
from Mitchell's techniques</i>

2351
01:44:10,751 --> 01:44:12,584
<i>was revealed
in the photographs</i>

2352
01:44:12,667 --> 01:44:14,667
<i>from the prison at Abu Ghraib.</i>

2353
01:44:16,167 --> 01:44:18,500
<i>The public uproar
over those images</i>

2354
01:44:18,584 --> 01:44:20,083
<i>caused the CIA to reckon</i>

2355
01:44:20,167 --> 01:44:21,959
<i>with its own
photographic record.</i>

2356
01:44:22,042 --> 01:44:25,834
("The Blue Danube Waltz"
playing)

2357
01:44:25,918 --> 01:44:29,834
♪ ♪

2358
01:44:34,751 --> 01:44:36,626
Rizzo:
<i>The first time I knew that</i>

2359
01:44:36,709 --> 01:44:37,918
<i>Zubaydah was being videotaped</i>

2360
01:44:38,000 --> 01:44:40,542
<i>is when Jose Rodriguez
came to me and said,</i>

2361
01:44:40,626 --> 01:44:43,876
"We have these videotapes.
We want to destroy them."

2362
01:44:43,959 --> 01:44:47,959
So that was the first
I learned that they existed.

2363
01:44:48,042 --> 01:44:51,500
-Interviewer:
What was your reaction?
-(laughs)

2364
01:44:51,584 --> 01:44:53,751
"Whatever you do,
do not destroy them."

2365
01:44:53,834 --> 01:44:57,125
(waltz continues)

2366
01:45:02,417 --> 01:45:03,542
<i>But, of course,</i>

2367
01:45:03,626 --> 01:45:06,876
destroying evidence,
destroying videotapes,

2368
01:45:06,959 --> 01:45:09,334
would inevitably lead

2369
01:45:09,417 --> 01:45:12,626
sooner or later
to accusations of a cover-up.

2370
01:45:13,292 --> 01:45:17,709
♪ ♪

2371
01:45:17,792 --> 01:45:20,000
Rodriguez:
<i>I felt it was important</i>
<i>to have the tapes destroyed</i>

2372
01:45:20,083 --> 01:45:22,792
<i>because I needed
to protect the people</i>

2373
01:45:22,876 --> 01:45:25,876
<i>who were there
in the black sites.</i>

2374
01:45:25,959 --> 01:45:28,209
-That was the primary reason.
-Lawyer: Mm-hmm.

2375
01:45:28,292 --> 01:45:29,834
Was there
a secondary reason?

2376
01:45:29,918 --> 01:45:32,334
Well, the secondary reason,
as I have said publicly,

2377
01:45:32,417 --> 01:45:34,959
was that the, uh...

2378
01:45:36,417 --> 01:45:39,000
public, the media
would not make a distinction

2379
01:45:39,083 --> 01:45:41,250
<i>once the tapes
were released</i>

2380
01:45:41,334 --> 01:45:45,209
<i>between a legally
approved program
like this was</i>

2381
01:45:45,292 --> 01:45:47,250
<i>and the Abu Ghraib scandal</i>

2382
01:45:47,334 --> 01:45:50,459
<i>that involved
illegal activity.</i>

2383
01:45:50,542 --> 01:45:52,292
It would make
the CIA look bad,

2384
01:45:52,375 --> 01:45:54,751
and it would, actually,
in my view,

2385
01:45:54,834 --> 01:45:56,751
you know, almost destroy

2386
01:45:56,834 --> 01:45:58,375
the clandestine service
because of it.

2387
01:45:58,459 --> 01:45:59,709
Lawyer:
<i>Mm-hmm.</i>

2388
01:46:02,751 --> 01:46:04,751
<i>Did you have anything
to do with the destruction</i>

2389
01:46:04,834 --> 01:46:06,042
<i>of those videotapes?</i>

2390
01:46:06,125 --> 01:46:07,042
No.

2391
01:46:07,125 --> 01:46:08,792
Lawyer: Did you have
any conversations

2392
01:46:08,876 --> 01:46:10,125
with anybody
at any time

2393
01:46:10,209 --> 01:46:11,751
about the destruction
of those videotapes

2394
01:46:11,834 --> 01:46:12,792
other than your lawyers?

2395
01:46:12,876 --> 01:46:13,709
Yes.

2396
01:46:13,792 --> 01:46:16,042
Mitchell:
<i>I told the...</i>

2397
01:46:16,125 --> 01:46:17,459
<i>I forget
what he's called,</i>

2398
01:46:17,542 --> 01:46:19,375
<i>I think the chief
of clandestine service,</i>

2399
01:46:19,459 --> 01:46:22,709
that I thought those videotapes
should be destroyed

2400
01:46:22,792 --> 01:46:25,334
<i>because I, I thought
they were ugly</i>

2401
01:46:25,417 --> 01:46:27,834
<i>and they would,
you know,</i>

2402
01:46:27,918 --> 01:46:30,000
<i>potentially endanger
our lives</i>

2403
01:46:30,083 --> 01:46:31,876
by putting
our pictures out,

2404
01:46:31,959 --> 01:46:34,918
uh, so that the bad guys
could see us.

2405
01:46:35,000 --> 01:46:36,959
Rizzo:<i> When I learned</i>
<i>that they had been destroyed,</i>

2406
01:46:37,042 --> 01:46:39,500
<i>I was beside myself.</i>

2407
01:46:39,584 --> 01:46:42,459
<i>But I was told, "Oh, your
lawyers signed off on this."</i>

2408
01:46:42,542 --> 01:46:44,751
That piqued my interest,
needless to say.

2409
01:46:46,500 --> 01:46:48,250
<i>But the final
approval authority</i>

2410
01:46:48,334 --> 01:46:51,083
<i>on the actual directive
to the field station</i>

2411
01:46:51,167 --> 01:46:52,709
<i>that was holding these tapes</i>

2412
01:46:52,792 --> 01:46:54,125
<i>was Mr. Rodriguez.</i>

2413
01:46:54,209 --> 01:46:59,167
And it was drafted by
Mr. Rodriguez's chief of staff.

2414
01:46:59,250 --> 01:47:02,334
Gibney:<i> Mr. Rodriguez's chief</i>
<i>of staff was Gina Haspel,</i>

2415
01:47:02,417 --> 01:47:06,667
<i>who would rise to become
the CIA director in 2017.</i>

2416
01:47:06,751 --> 01:47:10,000
<i>Neither she nor Mr. Rodriguez
was punished</i>

2417
01:47:10,083 --> 01:47:12,959
<i>or charged with a crime
for destroying evidence.</i>

2418
01:47:13,042 --> 01:47:15,334
The tapes were destroyed
for one reason,

2419
01:47:15,417 --> 01:47:18,167
and that was because they were
so damned incriminating

2420
01:47:18,250 --> 01:47:19,792
with regard to going beyond,

2421
01:47:19,876 --> 01:47:21,626
going well beyond
anything that,

2422
01:47:21,709 --> 01:47:24,042
you know, you would have had
to have said, "That's torture."

2423
01:47:24,125 --> 01:47:26,375
That's torture,
clear and plain.

2424
01:47:26,459 --> 01:47:29,250
It is not covered by
the Bybee memo, the Yoo memo,

2425
01:47:29,334 --> 01:47:31,542
it's not covered
by anything, that's torture.

2426
01:47:33,000 --> 01:47:36,125
("The Blue Danube Waltz"
continues)

2427
01:47:43,792 --> 01:47:48,125
Margulies:<i> The best evidence</i>
<i>of what happened is the video.</i>

2428
01:47:48,209 --> 01:47:51,334
So the destruction
of the tapes was

2429
01:47:51,417 --> 01:47:53,292
an-an-an egregious abuse.

2430
01:47:54,584 --> 01:47:56,834
<i>You could never capture</i>

2431
01:47:56,918 --> 01:47:58,876
<i>what took place
at Abu Ghraib</i>

2432
01:47:58,959 --> 01:48:00,667
<i>without the pictures.</i>

2433
01:48:00,751 --> 01:48:03,834
<i>We have a dialog
about Abu Ghraib</i>

2434
01:48:03,918 --> 01:48:06,834
<i>because the pictures exist.</i>

2435
01:48:06,918 --> 01:48:09,167
Well, we don't have that
with Abu Zubaydah.

2436
01:48:09,250 --> 01:48:12,250
<i>So we asked him to draw
what was done to him</i>

2437
01:48:12,334 --> 01:48:13,834
<i>as best he could
reconstruct it.</i>

2438
01:48:13,918 --> 01:48:15,334
<i>To understand it.</i>

2439
01:48:20,792 --> 01:48:23,334
Jones:<i> I came to the Senate</i>
<i>in January of 2007.</i>

2440
01:48:23,417 --> 01:48:25,167
<i>By the end of that year,</i>

2441
01:48:25,250 --> 01:48:26,709
there was
a "New York Times" article

2442
01:48:26,792 --> 01:48:29,542
that came out that said
the CIA had destroyed

2443
01:48:29,626 --> 01:48:33,709
interrogation videotapes
from early 2002.

2444
01:48:33,792 --> 01:48:35,417
<i>The Senate Intelligence
Committee had been looking</i>

2445
01:48:35,500 --> 01:48:37,000
<i>to learn more
about this program</i>

2446
01:48:37,083 --> 01:48:38,667
<i>for a very long time.</i>

2447
01:48:38,751 --> 01:48:41,125
<i>They had no idea
that tapes existed,</i>

2448
01:48:41,209 --> 01:48:43,209
<i>so they call the CIA
and demand</i>

2449
01:48:43,292 --> 01:48:45,584
that the then CIA director,
Michael Hayden,

2450
01:48:45,667 --> 01:48:47,709
<i>come to the Committee
to explain</i>

2451
01:48:47,792 --> 01:48:49,542
<i>the destruction of tapes.</i>

2452
01:48:49,626 --> 01:48:51,292
I'm very delighted
to come on down

2453
01:48:51,375 --> 01:48:53,334
and lay out the facts
as we know them,

2454
01:48:53,417 --> 01:48:54,584
and we'll be very happy

2455
01:48:54,667 --> 01:48:56,834
to let the facts take us
where they will.

2456
01:48:56,918 --> 01:48:58,125
Michael Hayden testifies

2457
01:48:58,209 --> 01:49:00,209
that this was not
destruction of evidence.

2458
01:49:00,292 --> 01:49:02,042
In fact, the CIA has

2459
01:49:02,125 --> 01:49:03,918
very detailed
written records

2460
01:49:04,000 --> 01:49:06,334
of everything that happened
at the detention site,

2461
01:49:06,417 --> 01:49:08,209
so it didn't need
those videotapes.

2462
01:49:08,292 --> 01:49:09,918
There are written records.

2463
01:49:10,000 --> 01:49:11,959
And he says if the committee
wants to see those records,

2464
01:49:12,042 --> 01:49:13,626
of course it can see
those records.

2465
01:49:13,709 --> 01:49:15,792
So what does the committee
say immediately?

2466
01:49:15,876 --> 01:49:17,834
"We want to see
these records tomorrow."

2467
01:49:18,876 --> 01:49:20,542
<i>The committee finally acquires</i>

2468
01:49:20,626 --> 01:49:22,709
<i>those heavily redacted cables</i>

2469
01:49:22,792 --> 01:49:24,959
<i>in May of 2008,</i>

2470
01:49:25,042 --> 01:49:27,417
<i>and myself and two other
Senate staffers</i>

2471
01:49:27,500 --> 01:49:28,626
<i>are sent to the CIA</i>

2472
01:49:28,709 --> 01:49:31,334
<i>to review these cables
and write a report.</i>

2473
01:49:32,459 --> 01:49:33,751
<i>The CIA eventually gave us</i>

2474
01:49:33,834 --> 01:49:37,167
<i>6.3 million pages
of documents.</i>

2475
01:49:37,250 --> 01:49:40,959
We identified at least
119 CIA detainees.

2476
01:49:41,042 --> 01:49:43,375
Reporter:<i> But at the heart</i>
<i>of this release today</i>

2477
01:49:43,459 --> 01:49:45,834
<i>is the conclusion
that the interrogations</i>

2478
01:49:45,918 --> 01:49:48,334
<i>did not make
the country safer</i>

2479
01:49:48,417 --> 01:49:50,459
<i>and that
the CIA misled</i>

2480
01:49:50,542 --> 01:49:52,584
<i>the Bush administration
about the program.</i>

2481
01:49:52,667 --> 01:49:54,500
Jones:
<i>We saw constant manipulation</i>

2482
01:49:54,584 --> 01:49:56,417
<i>of the White House,
the Department of Justice,</i>

2483
01:49:56,500 --> 01:49:57,667
<i>and Congress by the CIA.</i>

2484
01:49:57,751 --> 01:49:59,250
I mean, this is what
I thought would be

2485
01:49:59,334 --> 01:50:00,584
the most important finding

2486
01:50:00,667 --> 01:50:03,167
coming out of the Senate
Intelligence Committee report.

2487
01:50:03,250 --> 01:50:05,876
<i>You know, misleading Bush,
misleading Obama,</i>

2488
01:50:05,959 --> 01:50:08,876
<i>misleading the Congress,
repeatedly we see this.</i>

2489
01:50:08,959 --> 01:50:11,500
<i>John Brennan,
CIA director under Obama,</i>

2490
01:50:11,584 --> 01:50:13,417
<i>made a speech
after the report came out</i>

2491
01:50:13,500 --> 01:50:15,000
<i>and said we'll never know</i>

2492
01:50:15,083 --> 01:50:17,584
<i>if we could've gotten
this intelligence
in any other way.</i>

2493
01:50:17,667 --> 01:50:20,250
<i>...and the ultimate provision
of the information</i>

2494
01:50:20,334 --> 01:50:22,626
<i>is unknown and unknowable.</i>

2495
01:50:22,709 --> 01:50:25,292
Jones:<i> But we do know,</i>
<i>we have an entire report,</i>

2496
01:50:25,375 --> 01:50:28,125
500 pages here
with almost 3,000 footnotes

2497
01:50:28,209 --> 01:50:30,292
and a 7,000-page
classified report

2498
01:50:30,375 --> 01:50:31,709
with 38,000 footnotes

2499
01:50:31,792 --> 01:50:33,667
<i>that says
we do know that, in fact,</i>

2500
01:50:33,751 --> 01:50:35,042
<i>the capture of Jose Padilla</i>

2501
01:50:35,125 --> 01:50:36,667
<i>did not come
from the waterboarding</i>

2502
01:50:36,751 --> 01:50:37,959
<i>of Abu Zubaydah.</i>

2503
01:50:38,042 --> 01:50:40,209
We do know that,
because the records
are there.

2504
01:50:40,292 --> 01:50:42,167
<i>We tortured some folks.</i>

2505
01:50:42,250 --> 01:50:44,959
<i>We did some things that were
contrary to our values.</i>

2506
01:50:45,042 --> 01:50:47,042
<i>It's important for us</i>

2507
01:50:47,125 --> 01:50:48,959
<i>not to,</i>

2508
01:50:49,042 --> 01:50:52,292
<i>uh, feel too sanctimonious</i>

2509
01:50:52,375 --> 01:50:53,876
<i>in retrospect</i>

2510
01:50:53,959 --> 01:50:56,083
<i>about the tough job
that those folks have.</i>

2511
01:50:56,167 --> 01:50:58,000
<i>And a lot of those folks</i>

2512
01:50:58,083 --> 01:51:00,626
were working hard,

2513
01:51:00,709 --> 01:51:04,834
under enormous pressure,
and are real patriots.

2514
01:51:04,918 --> 01:51:07,209
But having said all that...

2515
01:51:07,292 --> 01:51:10,417
we did some things
that were wrong.

2516
01:51:10,500 --> 01:51:12,667
Jones:<i> I remember hearing</i>
<i>that line about patriots</i>

2517
01:51:12,751 --> 01:51:14,375
<i>and thinking
about the people</i>

2518
01:51:14,459 --> 01:51:16,167
<i>who said they were resigning
from the CIA,</i>

2519
01:51:16,250 --> 01:51:18,292
<i>people who said they didn't
want to be involved
in this program</i>

2520
01:51:18,375 --> 01:51:21,042
and the people who engaged
in the torture,

2521
01:51:21,125 --> 01:51:22,292
who defended the torture.

2522
01:51:22,375 --> 01:51:26,542
And this is who Obama identifies
as real patriots.

2523
01:51:26,626 --> 01:51:29,042
Gibney:<i> The word "patriot"</i>
<i>struck a chord with me.</i>

2524
01:51:29,125 --> 01:51:31,500
<i>So long as you believe
you're a patriot,</i>

2525
01:51:31,584 --> 01:51:33,834
<i>do the ends
always justify the means?</i>

2526
01:51:33,918 --> 01:51:35,876
<i>And if we all believe that,</i>

2527
01:51:35,959 --> 01:51:38,417
<i>are we prepared
to abandon our principles</i>

2528
01:51:38,500 --> 01:51:39,959
<i>in order to defend them?</i>

2529
01:51:42,709 --> 01:51:44,542
<i>Jose Rodriguez
and James Mitchell</i>

2530
01:51:44,626 --> 01:51:45,876
<i>both live in Florida.</i>

2531
01:51:45,959 --> 01:51:48,334
<i>Mitchell's company
grossed $81 million</i>

2532
01:51:48,417 --> 01:51:50,125
<i>for his interrogation services.</i>

2533
01:51:50,209 --> 01:51:52,959
<i>Rodriguez became
an intelligence consultant</i>

2534
01:51:53,042 --> 01:51:54,626
<i>working for IBM.</i>

2535
01:51:54,709 --> 01:51:56,751
<i>He has a fondness for
Corvettes and Harleys</i>

2536
01:51:56,834 --> 01:51:58,792
<i>and owns
a 30-foot powerboat</i>

2537
01:51:58,876 --> 01:52:01,375
<i>called "Shaken, Not Stirred."</i>

2538
01:52:01,459 --> 01:52:02,792
<i>It's a great thing
about this government,</i>

2539
01:52:02,876 --> 01:52:04,250
<i>the only people
that ever stand up</i>

2540
01:52:04,334 --> 01:52:06,626
<i>and tell the truth are who,
intelligence officers,</i>

2541
01:52:06,709 --> 01:52:08,876
<i>because our culture is never
break faith with the truth.</i>

2542
01:52:08,959 --> 01:52:11,500
<i>We'll tell you, you don't have
to drag it out of us.</i>

2543
01:52:21,500 --> 01:52:22,918
Mitchell:<i> You're not</i>
<i>going to get me</i>

2544
01:52:23,000 --> 01:52:24,292
<i>to say I think
it's torture.</i>

2545
01:52:24,375 --> 01:52:25,918
<i>You might as well
just quit.</i>

2546
01:52:26,000 --> 01:52:28,334
If you want to think
it's torture, think
what you want to think.

2547
01:52:28,417 --> 01:52:30,584
I'm not in the business
of controlling your mind,

2548
01:52:30,667 --> 01:52:32,667
nor am I in the business
of trying to coerce you

2549
01:52:32,751 --> 01:52:34,584
into saying something
that you don't believe

2550
01:52:34,667 --> 01:52:36,876
or want to comment on.

2551
01:52:37,000 --> 01:52:40,042
<i>This was the least worse
of two bad choices.</i>

2552
01:52:40,125 --> 01:52:41,751
<i>Both choices suck.</i>

2553
01:52:41,834 --> 01:52:43,876
<i>Both choices are bad.</i>

2554
01:52:43,959 --> 01:52:45,667
<i>But on the one hand,
you have</i>

2555
01:52:45,751 --> 01:52:47,292
<i>thousands of dead Americans</i>

2556
01:52:47,375 --> 01:52:48,667
<i>and on the other hand,
you have</i>

2557
01:52:48,751 --> 01:52:50,834
<i>the temporary discomfort
of a terrorist.</i>

2558
01:52:52,375 --> 01:52:55,167
<i>I thought there was going to be
a major catastrophic attack</i>

2559
01:52:55,250 --> 01:52:57,959
<i>that was going to kill
millions of Americans.</i>

2560
01:52:58,042 --> 01:52:59,250
And, uh...

2561
01:53:04,417 --> 01:53:07,459
I thought that
my government had asked me

2562
01:53:07,542 --> 01:53:09,751
to stop it.

2563
01:53:09,834 --> 01:53:13,125
And I felt responsible...
for doing that.

2564
01:53:13,209 --> 01:53:14,709
That's what I thought.

2565
01:53:20,876 --> 01:53:22,375
Gibney:<i> From near</i>
<i>his home in Florida,</i>

2566
01:53:22,459 --> 01:53:24,918
<i>Mitchell can paddle
to the Gulf of Mexico.</i>

2567
01:53:26,250 --> 01:53:27,542
<i>From there,
it's a straight shot</i>

2568
01:53:27,626 --> 01:53:29,626
<i>to Cuba
and Guantanamo,</i>

2569
01:53:29,709 --> 01:53:32,334
<i>where Abu Zubaydah
lives out his days.</i>

2570
01:53:32,417 --> 01:53:34,000
<i>As its creators intended,</i>

2571
01:53:34,083 --> 01:53:36,459
<i>Gitmo is a kind of
nowhere land</i>

2572
01:53:36,542 --> 01:53:38,709
<i>outside of time and place.</i>

2573
01:53:38,792 --> 01:53:42,167
<i>The images you see here
were shot by me in 2006.</i>

2574
01:53:42,250 --> 01:53:44,292
<i>The government
won't permit me to return,</i>

2575
01:53:44,375 --> 01:53:46,459
<i>so I depend on others
to tell me</i>

2576
01:53:46,542 --> 01:53:47,876
<i>not much has changed.</i>

2577
01:53:47,959 --> 01:53:51,334
<i>Fast food,
first-run movies,</i>

2578
01:53:51,417 --> 01:53:53,500
<i>the gift shop
where I bought my T-shirt,</i>

2579
01:53:53,584 --> 01:53:57,459
<i>sporting a local joke
about interrogators.</i>

2580
01:53:57,542 --> 01:53:59,834
<i>After Thailand,
Abu Zubaydah would be sent</i>

2581
01:53:59,918 --> 01:54:01,417
<i>to black sites
in Poland,</i>

2582
01:54:01,500 --> 01:54:03,292
<i>Lithuania, and Morocco.</i>

2583
01:54:03,375 --> 01:54:05,334
<i>When he first landed
in Gitmo,</i>

2584
01:54:05,417 --> 01:54:08,083
<i>he was imprisoned
in the secret CIA unit</i>

2585
01:54:08,167 --> 01:54:10,334
<i>known as Strawberry Fields,</i>

2586
01:54:10,417 --> 01:54:11,918
<i>as in forever.</i>

2587
01:54:12,000 --> 01:54:15,042
<i>♪ Strawberry fields forever ♪</i>

2588
01:54:15,125 --> 01:54:17,250
<i>Recently, along with
the 13 others</i>

2589
01:54:17,334 --> 01:54:19,500
<i>held in indefinite detention,</i>

2590
01:54:19,584 --> 01:54:23,209
<i>he was moved to
Guantanamo's Camp V.</i>

2591
01:54:23,292 --> 01:54:26,375
<i>No one will say what kind
of law governs Abu Zubaydah.</i>

2592
01:54:26,459 --> 01:54:28,167
<i>So he has two legal teams,</i>

2593
01:54:28,250 --> 01:54:31,459
<i>one civilian and one
for the military commissions.</i>

2594
01:54:31,542 --> 01:54:33,751
<i>His military lawyer,
Chantell Higgins,</i>

2595
01:54:33,834 --> 01:54:35,167
<i>sees him most often.</i>

2596
01:54:37,000 --> 01:54:39,500
Zayn is
a colorful storyteller.

2597
01:54:40,292 --> 01:54:41,334
<i>Very funny.</i>

2598
01:54:41,417 --> 01:54:43,918
<i>Always well-dressed.
Very particular.</i>

2599
01:54:44,000 --> 01:54:47,792
<i>He's a sort of a...</i>

2600
01:54:47,876 --> 01:54:50,626
how do I say it, a diva.
(laughs)

2601
01:54:53,209 --> 01:54:55,959
Gibney:<i> Does he suffer</i>
<i>from some kind of PTSD?</i>

2602
01:54:56,042 --> 01:54:58,125
I don't know how anyone
could have endured that

2603
01:54:58,209 --> 01:55:00,584
and not suffered
from PTSD.

2604
01:55:00,667 --> 01:55:03,125
I know that he has nightmares
about drowning.

2605
01:55:04,167 --> 01:55:05,751
<i>Waking up and drowning.</i>

2606
01:55:16,959 --> 01:55:18,918
Gibney:<i> To what extent</i>
<i>does Abu Zubaydah remember</i>

2607
01:55:19,000 --> 01:55:20,751
anything about James Mitchell?

2608
01:55:20,834 --> 01:55:22,834
Does he remember
who he was?

2609
01:55:22,918 --> 01:55:24,250
(sighs)

2610
01:55:25,918 --> 01:55:29,125
Uh, yeah, he remembers
very clearly who he was.

2611
01:55:30,584 --> 01:55:31,751
Yeah.

2612
01:55:31,834 --> 01:55:34,209
Gibney:
And does he understand
that he was the guy

2613
01:55:34,292 --> 01:55:36,042
who designed
these techniques?

2614
01:55:36,125 --> 01:55:37,250
He does.

2615
01:55:37,334 --> 01:55:39,792
I think all the detainees
understand that by now.

2616
01:55:42,125 --> 01:55:45,542
Rizzo:<i> Abu Zubaydah was</i>
<i>the first high-level detainee.</i>

2617
01:55:45,626 --> 01:55:47,125
<i>But he's not
one of the ones</i>

2618
01:55:47,209 --> 01:55:50,542
who have actually been charged
by the military commissions.

2619
01:55:50,626 --> 01:55:54,959
So his status is...
really permanent limbo.

2620
01:55:55,042 --> 01:55:56,709
I can't imagine
any US President

2621
01:55:56,792 --> 01:55:59,250
in any US administration
ever letting him go.

2622
01:55:59,334 --> 01:56:02,334
But what do you do
with him?

2623
01:56:02,417 --> 01:56:04,167
Lt. Col. Chantell Higgins:
<i>In America,</i>
<i>we have this thing</i>

2624
01:56:04,250 --> 01:56:06,292
<i>called innocent
until proven guilty.</i>

2625
01:56:06,375 --> 01:56:08,250
<i>If we think they're
guilty of something</i>

2626
01:56:08,334 --> 01:56:10,250
<i>we should take them
to trial,</i>

2627
01:56:10,334 --> 01:56:12,876
<i>give them opportunity
to be heard,</i>

2628
01:56:12,959 --> 01:56:16,167
<i>sentence them accordingly,
and send them on their way.</i>

2629
01:56:17,542 --> 01:56:20,709
It's just inhumane

2630
01:56:20,792 --> 01:56:24,125
to... detain someone...

2631
01:56:24,959 --> 01:56:27,209
and not give them rights.

2632
01:56:27,876 --> 01:56:28,876
Period.

2633
01:56:31,083 --> 01:56:32,667
Mora:<i> Almost half</i>
<i>of the American public believes</i>

2634
01:56:32,751 --> 01:56:35,042
<i>that the use of torture
is acceptable.</i>

2635
01:56:35,125 --> 01:56:37,709
<i>There's growing acceptance
of the use of cruelty</i>

2636
01:56:37,792 --> 01:56:39,000
<i>as a tool</i>

2637
01:56:39,083 --> 01:56:41,500
to address
social situations

2638
01:56:41,584 --> 01:56:43,667
or national security crises.

2639
01:56:43,751 --> 01:56:45,542
And I think in the right
combination of situations,

2640
01:56:45,626 --> 01:56:48,834
you have other individuals
who'll say,

2641
01:56:48,918 --> 01:56:51,250
"This is another tool
we should use again,"

2642
01:56:51,334 --> 01:56:53,667
and we'll go back to use it
despite all the reasons

2643
01:56:53,751 --> 01:56:56,042
why it shouldn't be
countenanced again.

2644
01:56:59,667 --> 01:57:01,334
Gibney:
<i>For nearly 20 years,</i>

2645
01:57:01,417 --> 01:57:04,042
<i>Abu Zubaydah has been
in US custody.</i>

2646
01:57:04,125 --> 01:57:06,375
<i>In all that time,
the man with one eye</i>

2647
01:57:06,459 --> 01:57:07,751
<i>and one good leg</i>

2648
01:57:07,834 --> 01:57:11,626
<i>has remained
mostly incommunicado.</i>

2649
01:57:11,709 --> 01:57:13,626
<i>I can see some
of his drawings.</i>

2650
01:57:13,709 --> 01:57:15,459
<i>I can read censored letters,</i>

2651
01:57:15,542 --> 01:57:17,542
<i>and the briefs
of his lawyers.</i>

2652
01:57:17,626 --> 01:57:19,375
<i>But I cannot talk to him.</i>

2653
01:57:19,459 --> 01:57:21,000
<i>His voice has been kept silent,</i>

2654
01:57:21,083 --> 01:57:23,250
<i>just as the CIA promised.</i>

2655
01:57:24,417 --> 01:57:26,125
<i>He's the forever prisoner</i>

2656
01:57:26,209 --> 01:57:27,709
<i>meant to fade from memory</i>

2657
01:57:27,792 --> 01:57:30,542
<i>like old photographs
left in the sun.</i>

2658
01:57:42,042 --> 01:57:43,792
<i>Twenty years after 9/11,</i>

2659
01:57:43,876 --> 01:57:45,542
<i>I'm stirred to remember
the innocents</i>

2660
01:57:45,626 --> 01:57:47,792
<i>who died on that day.</i>

2661
01:57:47,876 --> 01:57:50,000
<i>But I'm also stirred
to remember the purpose</i>

2662
01:57:50,083 --> 01:57:52,209
<i>of that vicious attack.</i>

2663
01:57:52,292 --> 01:57:53,792
<i>It wasn't to win a war.</i>

2664
01:57:53,876 --> 01:57:55,417
<i>It was to provoke us
to abandon</i>

2665
01:57:55,500 --> 01:57:59,250
<i>the principles of democracy
we claim to live by.</i>

2666
01:57:59,334 --> 01:58:01,626
<i>The forever prisoner
is a living reminder</i>

2667
01:58:01,709 --> 01:58:03,876
<i>of one of the ideals
we abandoned:</i>

2668
01:58:03,959 --> 01:58:06,167
<i>equal justice
under the law.</i>

2669
01:58:06,250 --> 01:58:07,709
<i>As the saying goes,</i>

2670
01:58:07,792 --> 01:58:10,500
<i>there is no them,
there is only us.</i>

2671
01:58:11,500 --> 01:58:13,167
<i>If we believe in that idea,</i>

2672
01:58:13,250 --> 01:58:15,959
<i>how can we imprison a man
without charge</i>

2673
01:58:16,042 --> 01:58:18,167
<i>for the remainder of his life?</i>

2674
01:58:18,250 --> 01:58:20,209
<i>Not for what he did to us...</i>

2675
01:58:20,292 --> 01:58:22,667
<i>but for what
we did to him.</i>

2676
01:58:23,751 --> 01:58:26,626
♪ ♪

2677
01:58:28,334 --> 01:58:31,417
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