B. The CIA Notifies Committee of the Detention of Abu Zubaydah, but Makes No Reference to Coercive Interrogation Techniques; the CIA Briefs Chairman and Vice Chairman After the Use of the CIA's Enhanced Interrogation Techniques; the CIA Discusses Strategy to Avoid the Chairman's Request for More Information

¶[Redacted] ° n April 18, 2002, the CIA informed the Committee that it "has no current plans to develop a detention facility."²⁴⁴⁹²⁴⁴⁹ CIA responses to Questions for the Record (hearing, March 6, 2002), April 18, 2002 (DTS #2002-1800). At the time of this representation, the CIA had already established a CIA detention site in Country [Redacted] and detained Abu Zubaydah there. On April 24, 2002, the CIA notified the Committee about the capture of Abu Zubaydah with the understanding that the location of Abu Zubaydah's detention was among the "red lines" not to be divulged to the Committee.²⁴⁵⁰²⁴⁵⁰ Email from: [Redacted] t o : [Redacted] subject: Issues for SSCI and HPSCI biweekly update on CT; date: April 9, 2002; Transcript of "Update on War on Terrorism," April 24, 2002 (DTS #2002-1993). Committee notifications of the capture of 'Abd al-Rahim al-Nashiri likewise omitted reference to his location and the use of the subsequent representations to the Committee, understated the role of the CIA in managing DETENTION SITE COBALT. See Congressional Notification, November [Redacted] 2002 (DTS #2002-5015); Responses to [Redacted] Counterterrorism Questions for the Record, Question 3 (DTS #2002-5059).Show full note The notification and subsequent information provided to the Committee included representations that Abu Zubaydah was a "member of Bin Ladin's inner circle" and a "key al-Qa'ida lieutenant."²⁴⁵¹²⁴⁵¹ Congressional Notification, April 15, 2002 (DTS #2002-1710); CIA responses to Questions for the Record (hearing, March 6,2002), April 18, 2002 (DTS #2002-1800). These representations were inaccurate. Briefings to the Committee in the spring of 2002 emphasized the expertise of FBI and CIA interrogators engaged in the Abu Zubaydah interrogations and provided no indication that coercive techniques were being used or considered, or that there was significant disagreement between the CIA and the FBI on proposed interrogation approaches.²⁴⁵²²⁴⁵² Transcript of "Update on War on Terrorism," April 24, 2002 (DTS #2002-1993). In early August 2002, after the Department of Justice determined that the use of the CIA's enhanced interrogation techniques on Abu Zubaydah would be legal, the CIA considered briefing the Committee on the CIA's interrogation techniques, but did not.²⁴⁵³²⁴⁵³ Email from: John Moseman; to: Stanley Moskowitz, et al.; subject: Abu Zubaydah Interrogation; date: August 3, 2002, at 11:34:13 AM. 2454 to;

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¶[Redacted] #NF) In early September 2002, the CIA briefed the House Permanent Select Committee on Intelligence (HPSCI) leadership about the CIA's enhanced interrogation techniques. Two days after, the CIA's [Redacted] Legal, [Redacted] excised from a draft memorandum memorializing the briefing indications that the HPSCI leadership questioned the legality of the program by deleting the sentence: "HPSCI attendees also questioned the legality of these techniques if other countries would use them."²⁴⁵⁴²⁴⁵⁴ Email from: [Redacted] [Redacted]; bcc: Jose Rodriguez; subject: Re: immediate coord; date: September 6,2002. See also [Redacted] ALECj (101607Z SEP 02). After [Redacted] blind- copied Jose Rodriguez on the email in which he transmitted the changes to the memorandum, Rodriguez responded to [Redacted] email with: "short and sweet."²⁴⁵⁵²⁴⁵⁵ Email from: Jose Rodriguez; to: [Redacted] subject: Re: immediate coord; date: September 6, 2002, at 2:52 PM. The first briefing for Senate Select Committee on Intelligence Chairman Bob Graham and Vice Chairman Richard Shelby—and their staff directors—occurred on September 27, 2002, nearly two months after the CIA first began subjecting Abu Zubaydah to the CIA's enhanced interrogation techniques. The only record of the briefing is a one-paragraph CIA memorandum stating that the briefing occurred.²⁴⁵⁶²⁴⁵⁶ DIRECTOR [Redacted] (252018Z OCTO2) The Committee does not have its own records of this briefing.

¶Shortly thereafter, in late 2002, Chairman Graham sought to expand Committee oversight of the CIA's Detention and Interrogation Program, including by having Committee staff visit CIA interrogation sites and interview CIA interrogators.²⁴⁵⁷²⁴⁵⁷ Email from: Stanley Moskowitz; to: John Moseman, Scott Muller, James Pavitt; subject: Graham request for oversight into interrogation; date: December 4, 2002, at 05:58:06 PM; Stanley Moskowitz, Memorandum for the Record, February 4, 2003, "Subject: Sensitive Notification." See also email from: Scott W. Muller; to: John A. Rizzo; cc: [REDACTED); date: December 19, 2002. 11 ii 11111 [Redacted] ' II I IIShow full note The CIA rejected this request. An internal CIA email from [Redacted] Legal [Redacted]

¶CIA's enhanced interrogation techniques. (See Congressional Notification, November 20, 2002 (DTS #2002- 4910).) On November [Redacted] 2002, the CIA notified the Committee of the death of Gul Rahman at a "detention facility in [Country [Redacted] operated by die [Country [Redacted] government] and funded by CIA." This description, as well as indicated that the full Committee would not be told about "the nature and scope of the interrogation process," and that even the chairman and vice chairman would not be told in which country or "region" the CIA had established its detention facilities.²⁴⁵⁸²⁴⁵⁸ Email from: [Redacted] to: [Redacted] and [Redacted] subject: Sensitive Matters the SSCI Quarterly CA Briefing; date: November 19, 2002. This email included the text of the CIA cables documenting the September 4,2002, briefing to HPSCI leadership. See ALEC [Redacted] (101607Z SEP 02), and the September 27, 2002, briefing to SSCI leadership, DIRECTOR [Redacted] (252018Z OCTO2). Other emails describe efforts by the CIA to identify a "strategy" for limiting the CIA's responses to Chairman Graham's requests for more information on the CIA's Detention and Interrogation Program, specifically seeking a way to "get off the hook on the cheap."²⁴⁵⁹²⁴⁵⁹ Email from: Stanley Moskowitz; to: John Moseman, Scott Mueller, James Pavitt; subject: Graham request for oversight into interrogation; date: December 4, 2002, at 05:58:06 PM; email from: Stanley Moskowitz; to: John H. Moseman; cc: Scott Muller and James Pavitt; subject: [attached document] Re: Graham request on interrogations; date: December 9, 2002, at 05:46:11 PM. The CIA eventually chose to delay its next update for the Committee leadership on the CIA's program until after Graham had left the Committee.²⁴⁶⁰²⁴⁶⁰ Memorandum of December 26, 2002; FOR: Director of Central Intelligence; FROM: Scott W. Muller, General Counsel; SUBJECT: Disposition of Videotapes. At the same time, the CIA rejected a request for the Committee staff to be "read-in" and provided with a briefing on the CIA program.²⁴⁶¹²⁴⁶¹ Memorandum to: Stanley Moskowitz; from: Steven A. Cash; subject: Briefing: Interrogation and Debriefing of individuals in custody related to counterterrorism operations, January 2,2003 (DTS #2003-0266); Lotus Notes dated January 2 - January 3, between OCA, ODDO, CTC personnel; email correspondences between [REDACTED], [REDACTED], [Redacted] subject: "SSCI's Request for Staff Briefing on Terrorism Interrogation/Debriefing Techniques." JShow full note

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