Known and Unknown - Donald Rumsfeld [312]
General Hill’s October 25 request for additional techniques went through several weeks of policy and legal review at various levels, both civilian and military, before it arrived on my desk. On November 27, Jim Haynes, the Department’s general counsel, sent a memo to me with his recommendations. “I have discussed this with the Deputy [Paul Wolfowitz], Doug Feith and General Myers,” Haynes wrote, adding: “I believe that all join in my recommendation that, as a matter of policy, you authorize the Commander of USSOUTHCOM to employ, in his discretion, only Categories I and II and the fourth technique listed in Category III (‘Use of mild, non-injurious physical contact such as grabbing, poking in the chest with the finger, and light pushing’).” Haynes concluded, “Our Armed Forces are trained to a standard of interrogation that reflects a tradition of restraint.”17 He recommended against other Category III proposals put forward by SOUTHCOM, including creating fear of death or severe pain, exposure to cold, and waterboarding.
I agreed and approved the recommendations. At the bottom of the Haynes memo I scrawled a note that referred to the Category II technique that could require a detainee under certain circumstances to stand for four hours while interrogators questioned him.
“However, I stand for 8–10 hours a day,” I wrote. “Why is standing limited to 4 hours?”18 My offhand comment was a statement of fact. I used a stand-up desk and spent much of the day on my feet. The note received enormous attention when detainee abuse became a major public issue. It was a mistake to make that personal observation to my general counsel. It certainly was not a signal to the Department that it would be okay to stretch the rules, as some have suggested.19
Pentagon lawyers had determined that the interrogation methods I approved in that memo were both legal and humane. I believed then—and I believe today—that they were. However, the application of any interrogation technique requires care and the supervision of experts. Any technique that is legal and humane on its own could conceivably be applied in ways that are not legal and not humane if, for example, it is done repeatedly, over long periods of time or used in an inappropriate combination with other techniques. That is why detailed interrogation plans have to be approved at the appropriate levels of military command. Plan specifics were devised, as they should have been, by experienced interrogators and their commanders at Gitmo, not by officials in Washington far removed from day-to-day management of the interrogation operations.
Moreover, I understood that the techniques I authorized were intended for use only with one key individual. General Hill advised that Muhammed al-Qahtani had information that could save American lives. He and others in the chain of command believed additional techniques were warranted. Any proposals to use these methods on others would have to come back up the chain of command for review.*
Many claims have been made about the usefulness of various interrogation strategies and methods. In the case of Qahtani, the reports from the interrogators say the approved techniques yielded important information. Qahtani ultimately acknowledged that he was an al-Qaida member and had met with bin Laden. He admitted he knew