My colleague Daphne Eviatar writes at the Washington Independent about new documents released on Friday that show that the Pentagon ignored the FBI's advice on the need to avoid torture and use a rapport-based approach to interrogation.
These latest documents provide a glimpse of the early struggles between the FBI and the Pentagon over just how to conduct the "war on terror" and how to interrogate and treat that war's detainees. Sadly, they reveal that the FBI knew perfectly well -- and repeatedly warned Defense Department officials, as well as Justice Department lawyers -- that the abusive interrogation techniques being used on detainees at Guantanamo Bay were likely to be ineffective and make subsequent prosecutions impossible.
She cites some of the particular documents released:
As one memo says, while the interrogation techniques based on tactics used in the U.S. Army Search, Escape, Resistance and Evasion (SERE) training "may be effective in eliciting tactical intelligence in a battlefield context, the reliability of information obtained using such tactics is highly questionable, not to mention potentially legally inadmissible in court."That memo was written in May 2003. The "enhanced" interrogation techniques, such as stress positions and prolonged sleep deprivation, were still being used and justified in memos as late as July 2007. The memo raises several important questions. Did the Office of Legal Counsel lawyers drafting those later memos for the CIA not know about the FBI's earlier objections? Or did they just dismiss them out of hand? Were they told to ignore those earlier conclusions?
Then there's the fact that senior officials from the Criminal Investigative Task Force, including the chief psychologist with the Naval Criminal Investigative Service "repeatedly argued for implementation of a rapport-based approach" and "lamented the fact that many DHS [Defense Human Intelligence Services] interrogators seem to believe that the only way to elicit information from uncooperative detainees is to use aggressive techniques on them."
"Despite objections raised by the [Behavioral Analysis Unit of the FBI], the DHS initiated an aggressive interrogation plan for #63," who elsewhere in the document is identified as Mohammed al-Qatani. "This plan incorporated a confusing array of physical and psychological stressors which were designed, presumably, to elicit #63's cooperation. Needless to say, this plan was eventually abandoned when the DHS realized it was not working and when #63 had to be hospitalized briefly."
Officials from the Criminal Investigative Task Force and the Behavioral Analysis Unit drafted a letter "reiterating the strengths of the FBI/CITF approach" and providing "a detailed historical record of the development of interagency policies regarding aggressive interrogation techniques in GTMO." The letter also argued that they were a bad idea...
Although we knew before that the FBI had disagreed with the so-called "enhanced" interrogation techniques and refused to participate in them, this latest release of previously classified information reveals the extent to which FBI officials made both the legal and practical case to senior Pentagon and Justice Department officials for why the usual rules on interrogations should be followed.
That they were so blatantly ignored suggests more than just bad judgment. It suggests a deliberate indifference to the facts and the law, which cries out for a more thorough investigation.
The only ones left who haven't recognized that fact are the deliberately obtuse.

Ed Brayton is a journalist, commentator and speaker. He is the co-founder and president of 



Comments
headdesk
You know, this probably reflects poorly on my moral character, but increasingly I find that I am more incensed that these clowns were too dumb/obstinate to realize that torture is a lousy method than I am about any moral/ethical issues involved.
A Machiavellian indifference to human rights? Deplorable, but at least I can understand the motivation behind it. Unflagging contempt for any kind of factual evidence whatsoever? ARGH!!!!
Posted by: James Sweet | November 11, 2009 9:35 AM
From what I've read (which could easily be wrong) the main purposes of torture in every regime that used it were. 1) Punishment, and 2)Forced confesions so the authorities could show off that they were catching bad guys.
Neithr reliable intelligence or evidence for a fair trial come into it under this scenario. Of course if those were the motivations for the American torture programme it would remove the justifications they still try to throw out about saving lives but could win support from the witch-hunting community.
Posted by: Matty | November 11, 2009 9:43 AM
James Sweet: Perhaps you are familier with Fouché's jundgement on Napoleon's illegal abduction and murder ("execution") of the duc d'Enghien: "It's worse than a crime; it's a blunder."
Posted by: barkdog | November 11, 2009 10:01 AM
@barkdog: No, actually, that's a new one on me. Love it! :)
Posted by: James Sweet | November 11, 2009 10:19 AM
As one of my former clients put it: "If they start bouncing you around, that's good -- it means they're letting you go."
Posted by: kehrsam | November 11, 2009 10:31 AM
@1, @ 3 and @ 5 - Man, I love this forum. Unforgettable stuff. I added barkdog's contribution to my file of favorite quotes.
And just yesterday we had James Hanley's brilliant parsing of Pat's response to Ed's blog (read in reverse order).
Posted by: Michael Heath | November 11, 2009 11:04 AM
"It is a capital mistake to theorize before one has data. Insensibly one begins to twist facts to suit theories, instead of theories to suit facts."
Posted by: abb3w | November 11, 2009 2:08 PM
James Sweet:
I agree, evil beats stupid any day. You can work with evil, but stupid is just a waste of everyone's time.
Posted by: James K | November 11, 2009 2:44 PM
The good aspect in it that that at least FBI seem to care about efficiency and legality.
Posted by: Christophe Thill | November 12, 2009 6:36 AM
The purpose of torture is not to get information. You can only torture people whom you have locked up, and the moment you lock someone up, their information becomes out of date.
The real purpose of torture is to terrorise populations.
Posted by: Paul Murray | November 16, 2009 8:46 PM