The 9/11 Commission and Torture

I wish I had known all this before my book was published in January of last year. Only a few days after publication, the CIA acknowledged publicly, for the first time, that it had carried out waterboarding on Al Qaeda detainees. It was a startling disclosure. Before 2001, the United States had routinely condemned waterboarding as torture and had prosecuted it as a war crime.

The CIA insisted that only three men had been waterboarded: Khalid Sheikh Mohammed, the architect of the 9/11 attacks; Abu Zubaydah, Al Qaeda's operations chief; and Abd al-Rahim al-Nashiri, ringleader of the USS Cole bombing.

Information from CIA interrogations of two of the three—KSM and Abu Zubaydah—is cited throughout two key chapters of the panel's report focusing on the planning and execution of the attacks and on the history of Al Qaeda.

Footnotes in the panel's report indicate when information was obtained from detainees interrogated by the CIA. An analysis by NBC News found that more than a quarter of the report's footnotes—441 of some 1,700—referred to detainees who were subjected to the CIA's "enhanced" interrogation program, including the trio who were waterboarded.

Commission members note that they repeatedly pressed the Bush White House and CIA for direct access to the detainees, but the administration refused. So the commission forwarded questions to the CIA, whose interrogators posed them on the panel's behalf.

The commission's report gave no hint that harsh interrogation methods were used in gathering information, stating that the panel had "no control" over how the CIA did its job; the authors also said they had attempted to corroborate the information "with documents and statements of others."

But how could the commission corroborate information known only to a handful of people in a shadowy terrorist network, most of whom were either dead or still at large?

Former senator Bob Kerrey of Nebraska, a Democrat on the commission, told me last year he had long feared that the investigation depended too heavily on the accounts of Al Qaeda detainees who were physically coerced into talking. While he thought the commission's larger narrative about the September 11 attacks held up, "there's reason now to suspect that we may have gotten some of the details wrong" about the 9/11 plot and about Al Qaeda.

Kerrey said it might take "a permanent 9/11 commission" to end the remaining mysteries of September 11. Those now calling for more 9/11-style panels would be wise to heed his words.

© 2009