Known and Unknown_ A Memoir - Donald Rumsfeld [313]
Qahtani’s interrogation did not lead, as some critics have alleged, to the abuse at Abu Ghraib, or anywhere else for that matter. “We found no link between approved interrogation techniques and detainee abuse,” Vice Admiral Albert Church concluded from his independent investigation of detainee operations.* He noted that “the Office of the Secretary of Defense was a moderating force that cut back on the number and types of techniques under consideration.”25 The Church report stated of Guantánamo Bay:
[D]etainees were more likely to suffer injury from playing soccer or volleyball during recreational periods than they were from interactions with interrogators or guards. . . . In our view, the extremely low rate of abuse at GTMO is largely due to strong command oversight, effective leadership, and adequate training on detainee handling and treatment.26
At the time, my approval of Haynes’ December 2002 cover memo, in response to SOUTHCOM’s request for additional interrogation techniques for Qahtani, was uncontroversial. My decision to accept the DoD general counsel’s recommendations, approving some interrogation strategies sought by General Hill but rejecting others, was done with the concurrence of senior Defense Department officials, both military and civilian.
It was not until January 10, 2003, thirty-nine days After I had approved a limited number of the proposed techniques, that Haynes informed me that some military lawyers had expressed concern and suggested that Qahtani’s interrogation plan might be construed as mistreatment. As urgent as it was to obtain terrorism-related intelligence, I was not willing to allow the use of methods that could be reasonably challenged as improper. It made no sense to fight terrorists in a way that might raise questions about our respect for the law and that could ultimately undermine our efforts. When I learned of the concerns, I promptly suspended my prior approval of the additional interrogation techniques.27
I then instructed Haynes to assemble a team to review the interrogation guidelines. I wanted the team to include any and all of those military orcivilian personnel who were concerned about them or the interrogation plan: intelligence officials, defense policy experts, and lawyers from every military service. When I met with the group one weekend in February or March 2003, I told them that I wanted their honest views. They seemed to appreciate that they had been brought into the process, and gave me the clear impression that if they had any concerns, they were being resolved.
In April 2003 the review group we had impaneled reached its conclusions. Their report identified thirty-five techniques that they believed could be used legally for key al-Qaida members under proper interrogation plans.28 After reviewing their report, I authorized only twenty-four of the thirty-five techniques they had recommended. Each of the techniques I approved, I was told, had been unanimously supported by the members of the legal review team, as well as by each of the service secretaries and each of the members of the Joint Chiefs of Staff involved in the process.*
I was informed that several senior military officials participating in the review expressed concern that my decision was too restrictive,