13 Jul 05
13 Jul 05
13 Jul 05
.
Wednesday. Julv, 13.2005. Room 2E572 The Pentaaon
Host M
Brefers
S~bjeciFBI alegations of abuse at QTMO
Transcriber Murohv
m ~ h a n you k Allison. Iappreciate it. lam going togive you a truncated version of M a t
we used this morning in the SASC Senate Armed ServicesCommittee) hearing with a M e
background,and I'll turn it overto^^^^^H and he'll talk about his findlws:
recommendations,and I'lldose with my decision on those recommendations..
The alkaations In the FBI emails came b lioM as a miin of a FOIA last vear. late in the
year ~ f t e review
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of the mails, following the, release 1believe II was in ~ecember-I
determumd mat me alkgadons m e n w a d g t a i ~ dexaminnon h order b nI8blnh the Irum. and
ascertain what if any actions needed to De taken
So I ordered a 15-6. h y Regulation 15-6 inveilinniion, and appointed Brigadier General John
F~rtowwho is the deputy -mander for U S A&y So& my componentcommandfor the
Army. as the nveswating offmr Itoto Jon" to address ugnt allegations that were drawn from
me FBI emails l will not art culam each of them if there's questions later on I can do that
Subsequent to that initialappointmentof Furrow. I directed John to nvestiw two addt onal
allegations that came ~p and were bmd~htto hghi One concerneda female military mteirogator
allegedly performing a lap dance on a detainee Second was tne w e o f red ink as take menstrual
bloodduring an intek&lbn.
Now those allegations came from a separate document. In my instructions to John Furtow, Idid
not limit him to just t h o u altegations.Igave him the flexibility to bling Into his invesllgatlon m y
additional allegations of detainee abuse that he might discover during the course of his work.
Now on 28 February. 2005. after two months of investination.John advised me that he neededto
interview officers who were senior In rank to mm As aiesult of that. Iappointee Lieutenant
General Mark Schmdt who n me commander of my Air Force componentcommand AFSoutft
J. - ,-r-- .
a L I 3 > I 19
General Schmiot submitted his initial report to me on the firm of April thn year After  mew.I
directed on the 5lh of May the invesifiabmbe reopened to consider two memo* from me
December 2004 m e frame tnat had bean recenlv discovered And thev wem Wn mwrd to a
special Interrogationplan on a detainee
Whib the team was comp.u nq that additionaltask. I further directed on the 2nd of June that
General Schm dl adaress a second sU of new allegations made by 8 detainee that also
concameo a swcol merrooafeon obn GeneralSchmlmmpetod h b nwtioatton on the 9th d
~une,and my staff judge advocate began a legal review of the report I nave completed my
w mo u h n mv m n n s wiin -rd to the findriot ana recommendation* Iwill inform you d
I
Imank you, sil I am going to go through the scope Of
ewandtrytogi 1truncatedversion of the briefing.
The mwsigation was0 reeled and accomplished under the Informal procedures provisions d
ireit regulation AR 15-6 And the AR 154 lnvesnaaboncentered on FBI aI.qed abuses occurring
dunnQmterroaatKin overations The team found Incidents d abne dunna dfnuon ooertlons
an ofivhkh were appiopriatelyaddressed by the command.
The team interviewed 30 FBI agents conducted interviews of over 100 personnel had aDxss to
hundreds of interviews conducted by several recent investiflations.These intervi&s induded
personnel assignedto Guantanamo US. Southern Command Office of ihe Secretay of
Defense all during the tenure of JTFS 160 170 and currently~uantanamo.It induded 76 Do0
personnel, to includeevery generalofficerwho commandedthe Joint Task Force 160,170 and
Guantanamo. Additionally, weconsidered abuse allegation: made by two high-valuedetainees
themselves.
The loam also applied gudanca c o n m a hthat regulation, Cunmandw U S. SOUTHCOM and
Secretary of Defense memorandumseuthonz rig spocd mlenugatmn lechniqu~ if decidingif 8
pTHc.~tarmterrogatorapproach fçpropÈn çitm en admonzed tachnque
In mow cases in which ttr team concluded tnm the allegationhad in (act occurred, the team
then consK.iwfJ whether the incidentwas n cutnplance with interrogation techniques that were
approvea either at the time of the nddent or subsequent to the incident
In those cases where it was determined that the allegationoccurredto not have been an
authorized technique, the team then reviewed whetherdisclpftaly action had already been taken
and the propftety of that action
We did not review the legal validity of thevariousnterrogatlon techniques outlhed in Amy F d d
Manual 34.52, or those approved by the Secretaryof Defense.
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The first one on at least two occasions between February 2002 and February2003 two
detainees were short shackled to the eye bolt on the floor of the interrogation room. And that was
an FBI allegation.
Secondly, some time in October 2002, duct tape was used to quiet a detainee.Also an FBI
Â¥negatio
Three - military interrogators threatened the subject of the second special interrogationand his
family, and that was discovered: that was not part of an FBI allegation.
The inspection team also found that the commander of JTF-Guantanamofailed to monitor the
interrogationof one high-valuedetainee, that is ISN-063. The team found that the individual
interrogationtechniques, while authorized, resulted in the persistent, cumulative effect of being
degrading and abusive treatment
Finally, the investigationfound that the communicationof a threat to the second high-value
detainee was in violation of SecM guMance and the UCMJ.
I
~ h a n k s ~ d u n d e r ~ rRegulation
my 154, as the appointingauthority for the
investigation,my responsibilitywas to review the report and take action on the findings and
recommendations.In taking my action, Iacceptedor approved all the numbered findings and
recommendationsincluded in the written report which was provided to the Committeethis
momina both in. Ibelieve, unclass and classifiedformat, excaot for two recommendationsthat I
did notapprove.
First, I disapproved recommendationNo. 16which was that Major General (Geoffrey) Miller be
held accountablefor falling to supervise me interrogationof ISN-063 and that he be admonished
for that failure.
Now. in accordance with current orowdures and regulations. Iforwarded this report to the
Departmentof the Arm9 Inspector General for review and acton as he deems aPProPMle Even
thou~hI disapproved h under Army regulationsany allegation of wrongdoing must W forwardeo
to the Armv iG for nformamnand acton ax ne aaema aoomormta And as a Combatant
~ommander,I could not admonish someone not under hi&mmand at t histime anyway.
Secondly, 1modified recommendationNo. 22 to request that the Naval Criminal Investigative
Service conduct further investigation into the threat communicatedby an interrogator to a
particular high-value detainee before forwardingthe matter to the current commander of that
interrogator for action
The interrogator admitted communicatinga threat, but in his statement he said he believed he
ha0 auinonty to do so beca~sehe had aikm his servicing staff ,mge advocate and his
supervisor The ntervfewt with those two nd viduais were mconc Lsive W h regards to that
statement Inerefore rather than sand no to me c~mmrndartnat mtarroaator 1haw directed a
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criminal investigative investigationbedone. then results of that provided to the Navy
commander
Iwill now explain the rational for mv decisions. Mv reason for disawrovins recommendation16 to
hoa Genera, M Her acco~ntaoleis ihal the interr&ation of IShC63d d not resiin In any violation
of any L S law or PO icy and that the degiee of supervisonprovided by General Milier aoes not
warrant admonishment .naer the c rcumstances
As the commander even in me early oafs of his assignment, General M ller was responsible for
the cono~clof n s sutiordnaies However as all commanoem m ~ ~ t to d an
o extent that TAEY
daterm ne aaoroonate General U i h r mhed on the i.aamant and ex~enenwof his m D l e lo
carry out their duties in a manner that was both profas~ionaland authorized. The evidence shows
that he was not misguided in this trust, since there was no finding that U.S. law or policy Was
violated.
Genera Miller aid supervise me interrogationin that ne was aware of the most s e ~ w aspects
~s of
ISN-063 s mterrogation-me lengtn of nterroganonsess ons the number of days over wmch R
was conoJCte0 an0 the lenatn of seamaation from other detaness The emence does snow thal
General Miller was NOT aware of certain other aspects of the interrogation However, since there
was no finding that u S law or polcy was violated, there is nott-ing for whch to hold him
accountable concerning the interrogationof 063 Therefore under me circumstances I do not
believe tnat those aspects of which ha was not aware warrant disc plinary actions
Again, of particular importance to my decision is the fact that there was no finding that the
interrogationof 063, albeit characterizedas creative, aggressive and persistent, violated U.S law
or policy.
With regard to the rationale for No. 22. again. I believe that further investigationby the Naval
Criminal Investigative Service may discover evidence In mitigation and extenuationthat should be
considered in determining whether disciplinary action is appropriatefor the Interrogator.
Mr Maginms ^^B^^^^B Bob Maqmnis You are n-nning a great prcgram down at
G~antanamo.and I was o w n mere with thegroup that went down onme24th. so I can't say
anytfirng bad aooui what I saw I tnought x was great
Question with regard to the female allegation of a lap dance and red ink fake menstrual blood.
Can you respond to that?
Let me turn that over to- because they've got the details on that in their
report.
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substantiated ah. first of all the lap dance was not substantiated. We could find no
evidence thrcugh any witness that mere was ever a lap dance Them was n w w m m-mple
nstances of genoer coercion whew a fema e would invade the persona space of the deta nee to
ncliide touch no him straddlina h m wlno-n ounm wftaht an him mnn no her finaarsthrouan
- na
i arm with perfume, and thai sort of thing But no lap danm
hair, touching h
s
The incident concerning the fake menstrual blood. That incident was not authorized.The
occurrence haowned while the female lnterroaatorwas intematina this high-value detainee. He
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spit in her f a c i s h e left the room she was fairly distressed. Vihileihe waiout of the room she
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took a marking pen, marked it on her hand red went back in the room, approached the
detainee, touched his face or shoulders told him that that was menstrual blood and that she
was menstruatina.and that "What do vouthink of that?' and of course he went nuts. Then she left
the room That was an act of revenge'she lost control, lost control of the environment She was
admon shed She was taken off of intermgaton duly, retraned, and eventually retbmed after
about 30 days So that was corrected wnan it nappeneo Bi-t it was an incident mat was reported
=~ey DO".
Mr Sheppard Much has been made in the media about confusion over changing rules, what's to
be done, el cetera, betweenAfghanistan, Iraq, Guantanamo. Did you find that to be the case? Or
were the people clear on what they could do at all times?
Iwill tall you, Don -first of all, GuanlanamoBay Is a separate, closed-loop detention
interrogationoperation. The connection betweenany other operation really begins to open up a
basket of worms and it does not pertain.
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At Gdantanamotne ules changed when they ha0 these res stance tramed particdlariy one
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hqn-fa de ISN-063- high-valuedetainee- mat was resistancetrained and they were getting
nowhere witn him An0 thev thouoht and later moved to be fairly accurate, Vial he had valuable
information on the Global war on~error.
Now the techniques at that level ookfany benign The problem thai 1 encounteredWas they get
down to the appl.caton of those tech" ~ J O me S s ~ p w i s i o nand me tupervwry cham of now
yo4 translate a futility tecnnique down to wnat nappens n Vie Interrogationroom is where the
issues we nao son of resoeo An0 Id-o find that there was abusive and degrao ng techniques
applied So that was me problem However the aulnormes to open up interrogat on lecnn cues In
response to Guantanamo and tdid not mean it went anywhere else Guantanamounder the
closed crucible of me controls they nave down mere were approved on the 2nd of Decemoer
They were rescinded on the 15th of January A new set came out on the 16th 01JanJary through
16 Apnl an0 on the 16tn of April anoiner set camedownmat son of resolved it a1 and tor the
16tn of Ann that's what's in dace now now ~ n the n FbldManua 34 52 8s kind of meed as a
guide for'intenroaators SO it changed but it was not an out-of-contro~PBSS. and it wasn't a wild
3 ~ ' oanything
r either. So it was fairly controlled.
Part two The techniques still approved on 2 December arelargelyeiiyed d m 34-52. Ego
down. futility Those techniques are a broad banner. And a aid, In the application
developed by the JTF-GTMO interrogationteams becomeswhere they actually then determine
what they aregoing todo in that interrogationbooth.
-yeah, they are. Let me,W to give you an example. 1 put two examples when we did our
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testimony. The first one was. for instance, the field manual has 34-52 -has an example of
funny.
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What that means at that level that broad t m c - the internator convinces the source that
resistance to questioning Is fume. Then that goes down throigh a process. If that tectinique!s
chosen by the JTF to be used against a particular detainee, then there's an interrogator, typically
an NCO, constructs a written interrogation plan. That plan now is vetted through a team chief or
intelliaence control element supervisor- that means it's either an 0-5 or a DIA GG14 level then-
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that'sapprovedor not adjusted then an interrogationis conductedwith a translator with this
NCO. and possibly with another analyst.
What that meant down in the application at Guantanamo- remember,the application is futility,
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convince the source that resistance to questioning is futile that translates into tell the detainee
about how a1 Qaeda's failing apart; everyone's been killed or captured, and we know a lot about
this individual.
But it also translates to gender coercion via some domination. It's futile. I'm a female; I'm in your
face; you can do nothing about it. Start talking to us.
He was straddled, massaged, touched, that sort of thing. It could beas non-injurioustype of
touching.
Another example is wo down And this is the one where we start seeino a different sort of thing,
and a gets into possmiesexual humii alion Ego down. mars an approach oaseo on anackng the
$0-rce s sense of personal wonh Goes through me same process That NCO written Plan. vets
mmugn me 0 5 eve1 GG14 eve1 ana then cona~ctsme interrogation with translator
.l
In GTMO. that ego down translated down to telling the detainee that his mother and sister were
whores, he was forced to wear women's lingerie, multiple allegations of h e homosexuality,he
was forced to dance with a male interrogator, he was strip searched for control measures, and he
was forced to perform dog tricks on a leash.
Mr. Babbin: Jed Babbin-o rf General,we see General Miller's name having
popped up before, and 1 know exac1.y # h a 3 going to be in the New York Times tomorrow, Or
CBS News tonight You know, they reprimandedJanice Karpinski,even though Miller had been
at some point at Abu Ghraib and had helped developedinterrogationtechniques, now again, at
GTMO. I understandyour good answer about the fact that, you know, what happened at GTMO
d'dnt violate law or policy. But we are going to be bombardedtomorrow about why Miller wasn't
admonished.
Second queston I was at GTMOyesterday ana , saw area y very go- operaion. and Iha* no
reason to lnirx mat anything like tnis would ever happen at that point down @arenow, and I
would .ike to nave your view on that
1- can't make a comparisonwith Karpinski and Miller. Ionly dealt with this situation, with
Miller, at GTMO. And I am not read into the situation with Karpinski. The fact is that this s W l
interrogation plan was developed in advance of ~ e o f~illershowing
f up. He walked in to GTMO
early November. It was approved and went into place the and of that month. He did not develop
it. It was in staffing; it left, I believe it left GTMO the 11thof October, got up to SOUTHCOM,
SOUTHCOM forwarded it, then later on it was, you know, worked over and slattedin the
Pentagon. So he walked in and what he had todo was one, understandwhafsgoing on down
there.
He was told 'take these two task forces ' one JTF-160and the other JTF-170. one dealing W th
oeta nee oparai om the other wain mte ligence collection put tnem into one. me10 mem into a
common operating environmentthat s compatible, an0 thatlney are integrated an0 fully
fmction ng together
That kind of translated, based on some of the folks that my investigatorstalked to, Is bring order
out of chaos. Secondly, while you're there, coordinatethe inter-agency. Let's get all of the inter-
agency folks representeddown there on board and let's pull together, Instead of pulling apart.
Third, take a look at the facilities for the detainees and let's see what needs to be done and
enhance those. And also, last but not least, we want you to enhance and improve the quality of
life for our servicemembersdown there, commensuratewith what they would expect to have back
at their bases, camps, posts and Installationsin the States. So he had a lot of things he had to do.
My point to you is a difference between the investigatorsand myset on the degree of supervision
required. He did know certain things that Ifelt that were importantthat he knew about that
investigation, but hedld not know everything about what was going on.
Babbin: Good. And Iappreciate that And I suspect that what Iam going to answer, at the risk Of
belaboringthe point Is you know your point about the fact that law and policy was not violated I
think is the most c&pelling one and that, you know, that's the difference between Abu Ghraib
and here. Second point though, sir, what assurancewould you say, what would you give us in
terms of what we saw yesterday?We saw a lot of things including all of the camps, including
some of the ongoing interrogations,we had a chance to observe briefly. Do you have confidence
that what's going on down there right now isali in accordancewith law and wiicy as well as it
Now. what we have done Is we've 001 new ouidelines,the 16 Aoril memo. they're in dace. We
understand,we know, that over time buiidi6 re~roachmentand rapport with these detainees and
then getting informationfrom them is a better way to go. And generally speaking, with this
populationthat's what we've done. We've gotten some successeswith that, as you were down
there, l a m sure vou heard. And Iam confident in the ornf~fuionalismof all of JTF-GTMO. Imean
that tea very, v& well run organization.
Mr Valle r Paul Va le y One last quest on You know with a1 of me in ngs that have come awul
in the ( i n a ~ dble) down mere. do we really provide enougn flexibility now on interrogation
techn.qi.es that we can really get the miormanon from a l of these people which s so v tal?
m ~ 0 c - queston a ~ yod that based upon the procediires in place there are four
W O Jtell
techniques tnat if we feel l,ke we need to use have to De advance notification to me SecDet
There s also guidance that 1any of those or a1 of those we believe competent authority and -
that s the join1 ~ntenogationgrodp chiel and the JTF-GTMO would r e q d it of me if we-
klleve that we nave a situaton that we nave someone that is nonreaponslveto the current
tech" ques over time that there are proceise* wnereoy they can request specialized techniques
So I think the safeguards in place are adequate. Ithink that the interrogationtechniques am
working. But I also know that ifa peculiar situation arises, we have avenues to address that.
Mr. McCausBnd. Sir. this is Jeff Mccausland. First of all. I'd like to say I'm delighted that Jed
knows what CBS is going to do, because Iwork for them and hell. I don't know what theyre going
to do (laughter).
But having said that, sir, first of all I would like to say I was also down in Guantanamoyesterday
and as an old soldier, I've got to say that's one of the most professional,well-disciplined, highly
motivated.well-ied units I have had the pleasure to visit, and they should be commended. Jay
Hood and his sergeant major and his guys are just doing a bang-up job under pretty tough
conditions.
On the interrogationside. whenever an Incident would come up, it was addressed by the chain of
command. it was documented and mev movedon with business. On the detention side. same
type of deal. If an Individualwas determined to exhibit misconduct, he would receive the
punishment thai was due to ffl the clime, and they moved on. As In any type of military
ofganlzatlmt h m a, you know, dealings that the supervision and the leadershiphat to deal with.
But those am tha main thim: them's acoountrtiilitvthare. As vou mantimed. w talked to the
sergeant major, the commandsergeant major and.Staff ~erg&ntMajor end& who Nnsthe
detention center runs and leads and supervises a very active N W chain and keeps the soldiers
l n l m e d and accountable far their actions m a dally basis, despitethe fact that they are in a very
arduous task and the feet that thevere often Insultedon a dalv basis. Thw are cussed at; they
are threatened they have feces and urinethrownon them. I mean they are doing a great Pb
down there And so for the accoumaoiily, the leadership them, especially at the middle
management is obviously commendabm. And Ithink you folks saw tnat
Secondly I think them was another one them concerning the death threat that was issued to a
detainee What I unaerstood d the a tuallon mere was Dialthe IKetrcflator thought he had top
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cove* he said he do. the two indivkuds he (nought he got it from. when when we interviewed
nit ally and then went back a second time they refusedto talk. Iam not conv need. Iem skeptical
>
mat he acted on hb own, so Imid let a refer that and rw sent to N Ã ‘ a CriminalInveatwtive
Servttt for a cnminm Invesllgatm to compel UÈ Indivlduaisto talk B l a cnm nil hvettlgalon
in- lhçwtxildn t t i k to my infomrl investiguon under 15-6
Second part The commission issue. The nationalcommission. Some of the recommendations
ware we need to clarify procedures, how we coordinate with the interagency, at what point do the
combined efleets of interrogation application; crest the line Into abusive or degrading treatment?
I agreed with those,and Iapproved those. Idon't know how to go about that. Isent those
recommendationsthat Iapproved to the Assistant Secretary of DefenselorDetainee Affairs. Matt
Waxman, and said, 'here they am, Irecommendapproval, I've approved them, I recommendthat
you Initiate them.'
Then Matt,ASD DçtelneAffairs, will deal with it through the Policy OSD chamel
Iam skeptical,wncerned that a nationalwmmission- look, Idon't know that that's the right Way;
Idon't know that Ira the wrong way. But whatever we do ought to be sooner rather than later, if
wa'm going to do it and it oumt to be focused on me future, not the past We ought not tog0
back and headhunt, and try to hold people accountablewhen all these investigationshavedona
that and folks to a gnat extent it ain't them In myjudgnent. Whatwe need is we mod guidance
far the future that commanders can use either specifically a generally so the1without guidance
they use their best miHary judgment and thm later on are hmd accountable or questionedlor It
because Ifs not In agreement with someone's perceptionof whafs right and wrong.
Now, I'm off my soapbox.
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Yean. this Is let me g b you one alibi.-
- The didbrence MMÈe Mllbr
and Kar~inxki.Kaminsk3ssituation the auantt malfrÑte d f n à § w w thw was a violation d
law. ~dtnn wÇ Miller. it was a lawfull&rrogaliin. Thsfs the difference.
if you have additionalquestions you can zap
you the briiifings and the papere.
thank you for your time today as well.
I ~ h a n you,k Alllwn.
Call ends:
I ~ o w o n thing
e (he?)juattold me, the end date was really like August 03.
-03, w.
Voice: It's In the report.