The Roots Of Torture

What Bush seemed to have in mind was applying his broad doctrine of pre-emption to interrogations: to get information that could help stop terrorist acts before they could be carried out. This was justified by what is known in counterterror circles as the "ticking time bomb" theory--the idea that when faced with an imminent threat by a terrorist, almost any method is justified, even torture.

With the legal groundwork laid, Bush began to act. First, he signed a secret order granting new powers to the CIA. According to knowledgeable sources, the president's directive authorized the CIA to set up a series of secret detention facilities outside the United States, and to question those held in them with unprecedented harshness. Washington then negotiated novel "status of forces agreements" with foreign governments for the secret sites. These agreements gave immunity not merely to U.S. government personnel but also to private contractors. (Asked about the directive last week, a senior administration official said, "We cannot comment on purported intelligence activities.")

The administration also began "rendering"--or delivering terror suspects to foreign governments for interrogation. Why? At a classified briefing for senators not long after 9/11, CIA Director George Tenet was asked whether Washington was going to get governments known for their brutality to turn over Qaeda suspects to the United States. Congressional sources told NEWSWEEK that Tenet suggested it might be better sometimes for such suspects to remain in the hands of foreign authorities, who might be able to use more aggressive interrogation methods. By 2004, the United States was running a covert charter airline moving CIA prisoners from one secret facility to another, sources say. The reason? It was judged impolitic (and too traceable) to use the U.S. Air Force.

At first--in the autumn of 2001--the Pentagon was less inclined than the CIA to jump into the business of handling terror suspects. Rumsfeld himself was initially opposed to having detainees sent into DOD custody at Guantanamo, according to a DOD source intimately involved in the Gitmo issue. "I don't want to be jailer to the goddammed world," said Rumsfeld. But he was finally persuaded. Those sent to Gitmo would be hard-core Qaeda or other terrorists who might be liable for war-crimes prosecutions, and who would likely, if freed, "go back and hit us again," as the source put it.

In mid-January 2002 the first plane-load of prisoners landed at Gitmo's Camp X-Ray. Still, not everyone was getting the message that this was a new kind of war. The first commander of the MPs at Gitmo was a one-star from the Rhode Island National Guard, Brig. Gen. Rick Baccus, who, a Defense source recalled, mainly "wanted to keep the prisoners happy." Baccus began giving copies of the Qur'an to detainees, and he organized a special meal schedule for Ramadan. "He was even handing out printed 'rights cards'," the Defense source recalled. The upshot was that the prisoners were soon telling the interrogators, "Go f--- yourself, I know my rights." Baccus was relieved in October 2002, and Rumsfeld gave military intelligence control of all aspects of the Gitmo camp, including the MPs.

Pentagon officials now insist that they flatly ruled out using some of the harsher interrogation techniques authorized for the CIA. That included one practice--reported last week by The New York Times--whereby a suspect is pushed underwater and made to think he will be drowned. While the CIA could do pretty much what it liked in its own secret centers, the Pentagon was bound by the Uniform Code of Military Justice. Military officers were routinely trained to observe the Geneva Conventions. According to one source, both military and civilian officials at the Pentagon ultimately determined that such CIA techniques were "not something we believed the military should be involved in."