Known and Unknown (99 page)

8.
Rumsfeld to Myers, “Status of Taliban and Al Qaida,” January 19, 2002.

9.
David Hackett Fischer,
Washington's Crossing
(New York: Oxford University Press, 2004), p. 379.

10.
Alex Perry, “Inside the Battle at Qala-I-Jangi,”
Time,
December 1, 2001.

11.
Alex Perry, “Inside the Battle at Qala-I-Jangi,”
Time,
December 1, 2001.

12.
Alex Perry, “Inside the Battle at Qala-I-Jangi,”
Time,
December 1, 2001.

13.
Carlotta Gall, “In Tunnels Full of Bodies, One of Them Kept Firing,”
New York Times,
November 30, 2001.

14.
Alex Perry, “Inside the Battle at Qala-I-Jangi,”
Time,
December 1, 2001.

15.
Ronald Reagan, “Message to the Senate Transmitting a Protocol to the 1949 Geneva Conventions,” January 29, 1987.

16.
Ronald Reagan, “Message to the Senate Transmitting a Protocol to the 1949 Geneva Conventions,” January 29, 1987.

17.
Editorial, “Hijacking the Geneva Conventions,”
Washington Post,
February 18, 1987.

18.
Editorial, “Denied: A Shield for Terrorists,”
New York Times,
February 17, 1987.

19.
Editorial, “The Guantánamo Story,”
Washington Post,
January 25, 2002; editorial, “Justice at Guantánamo,”
New York Times,
January 29, 2002.

20.
Eric Holder, interviewed by Paula Zahn,
American Morning with Paula Zahn,
CNN, January 28, 2002.

21.
International Committee of the Red Cross (ICRC), “Convention (III) Relative to the Treatment of Prisoners of War,” Article 17, Geneva, August 12, 1949.

22.
International Committee of the Red Cross (ICRC), “Convention (III) Relative to the Treatment of Prisoners of War,” Article 25, Geneva, August 12, 1949.

23.
Richard A. Clarke, “Blinded by Hindsight,”
New York Times,
October 1, 2006; WarrenRichey, “Sorting Out Guantánamo Detainees,”
Christian Science Monitor,
January 22, 2009; Charlie Savage and Scott Shane, “Terror-War Fallout Lingers Over Bush Lawyers,”
New York Times,
March 9, 2009.

24.
Taft to Gonzales, “Comments on Your Paper on the Geneva Convention,” February 2, 2002, as quoted in Jack Goldsmith,
The Terror Presidency: Law and Judgment Inside the Bush Administration
(New York: W. W. Norton, 2007), p. 113.

25.
Powell to Gonzales and Rice, “Draft Decision Memorandum for the President on the Applicability of the Geneva Convention to the conflict in Afghanistan,” January 25, 2002.

26.
Douglas J. Feith,
War and Decision: Inside the Pentagon at the Dawn of the War on Terrorism
(New York: HarperCollins, 2008), p. 164; Jay S. Bybee to Gonzales and Haynes, “Re: Application of Treaties and Laws to al Qaeda and Taliban Detainees,” January 22, 2002.

27.
Katharine Q. Seelye and David E. Sanger, “Bush Reconsiders Stand on Treating Captives of War,”
New York Times,
January 29, 2002.

28.
Rumsfeld to Powell and Rice, “Geneva Convention,” February 4, 2002.

29.
Department of Defense, “Points for 2/4/02 NSC Meeting on Geneva Convention,” February 3, 2002.

30.
Department of Defense, “Points for 2/4/02 NSC Meeting on Geneva Convention,” February 3, 2002.

31.
Department of Defense, “Points for 2/4/02 NSC Meeting on Geneva Convention,” February 3, 2002.

32.
Powell to Gonzales and Rice, “Draft Decision Memorandum for the President on the Applicability of the Geneva Convention to the conflict in Afghanistan,” January 25, 2002.

33.
Bush to Cheney et al., “Humane Treatment of al Qaeda and Taliban Detainees,” February 7, 2002.

34.
Rumsfeld to Hadley et al., “Transferring Responsibilities to Afghanistan and Iraq,” February 3, 2005.

35.
Haynes to Rumsfeld, “Detention Facilities in the Continental United States,” December 27, 2001.

36.
Department of Defense news transcript, “DoD News briefing—Secretary Rumsfeld and Gen. Myers,” December 27, 2001.

37.
Rumsfeld to Myers and Franks, “Low-Level Enemy Combatants,” April 21, 2003.

38.
Rumsfeld to Powell et al., “Making Afghans Responsible for Holding ‘Low-Level' Enemy Combatants in the Afghan System,” April 21, 2003.

39.
Rumsfeld to Feith, “Detainees,” January 3, 2003.

40.
Rumsfeld to Feith, “Detainees,” January 8, 2003.

41.
Rumsfeld to Haynes and Feith, “Detainees,” April 11, 2003.

42.
Rumsfeld to Powell et al., “Negotiating Transfer Agreements With Foreign Nations,” April 21, 2003.

43.
“Lesson Eighteen: Prisons and Detention Centers,” Manchester Document, al-Qaida Training Manual.

44.
“Lesson Eighteen: Prisons and Detention Centers,” Manchester Document, al-Qaida Training Manual.

45.
Michael Isikoffand John Barry, “Gitmo: SouthCom Showdown,”
Newsweek,
May 9, 2005.

46.
Mark Whitaker, “The Editor's Desk,”
Newsweek,
May 23, 2005.

47.
“Guantánamo Better Than Belgian Prisons: OSCE Expert,” Reuters, March 7, 2006.

48.
Department of Defense Office of Public Affairs, “Ten Facts about Guantanamo,” September 14, 2006; Spc. Shanita Simmons, USA, “Detainee Literacy Rates ImproveThrough Education Programs,” American Forces Press Service; Jane Sutton, “Guantánamo Convict Eligible for ‘Movie Night,'” Reuters, August 8, 2008.

49.
Chris Hedges, “Ex-Judge vs. the Government's Law-Free Zone,”
New York Times,
February 6, 2004; Johan Steyn, “Guantánamo Bay: The Legal Black Hole,” Twenty-Seventh FA Mann Lecture, British Institute of International and Comparative Law and Herbert Smith, Lincoln's Inn Old Hall, November 25, 2003.

50.
Alan Cowell, “U.S. ‘Thumbs Its Nose' at Rights, Amnesty Says,”
New York Times,
May 26, 2005.

51.
Dan Balz, “Durbin Defends Guantánamo Comments,”
Washington Post
, June 17, 2005.

52.
Helene Cooper and William Glaberson, “At White House, Renewed Debate on Guantánamo,”
New York Times,
June 23, 2007; Walter Pincus, “Powell Calls for Closure of Military Prison at Guantánamo,”
Washington Post,
June 11, 2007.

53.
Helene Cooper and William Glaberson, “At White House, Renewed Debate on Guantánamo,”
New York Times,
June 23, 2007.

54.
Rumsfeld to Powell et al., “Guantánamo Detainees,” December 19, 2003.

55.
Rumsfeld to Powell et al., “Guantánamo Detainees,” December 19, 2003.

56.
Mark H. Buzby, “Guantánamo Is a Model Prison (Really),”
Wall Street Journal,
June 4, 2008.

57.
Department of Defense news transcript, “Secretary Rumsfeld Remarks to Greater Miami Chamber of Commerce,” February 13, 2004.

58.
Scott Higham and Peter Finn, “At Least $500 Million Has Been Spent Since 9/11 on Renovating Guantánamo Bay,”
Washington Post,
June 7, 2010.

59.
Barack Obama, executive order, “Review and Disposition of Individuals Detained at the Guantánamo Bay Naval Base and Closure of Detention Facilities,” January 22, 2009.

CHAPTER 39
The Twentieth Hijacker

1.
“Statement of Jose E. Melendez-Perez to the National Commission on Terrorist Attacks Upon the United States,” seventh public hearing of the National Commission on Terrorist Attacks Upon the United States, January 26, 2004.

2.
“Statement of Jose E. Melendez-Perez to the National Commission on Terrorist Attacks Upon the United States,” seventh public hearing of the National Commission on Terrorist Attacks Upon the United States, January 26, 2004.

3.
Press briefing by White House Counsel Judge Alberto Gonzales, DoD General Counsel William Haynes, DoD Deputy General Counsel Daniel Dell'Orto, and Army Deputy Chief of Stafffor Intelligence General Keith Alexander, June 22, 2004.

4.
Department of Defense, Office for the Administrative Review of the Detention of Enemy Combatants at U.S. Naval Base Guantánamo Bay, Cuba, “Unclassified Summary of Evidence for Administrative Review Board in the Case of Al Qahtani, Maad,” January 17, 2008.

5.
The 9/11 Commission Report: Final Report of the National Commission on Terrorist Attacks Upon the United States
(New York: W. W. Norton, 2004), p. 248.

6.
Department of Defense MC Form 458 (January 2007) for Khalid Sheikh Muhammed, Walid Muhammed Salih Mubarak Bin ‘Attash, Ramzi Binalshibh, Ali Abdul Aziz Ali, Mustafa Ahmed Adam al Hawsawi, and Mohamed Al Kahtani.

7.
“Substitution for the Testimony of Mohammad Manea Ahmad Al-Qahtani,”
United States v. Moussaoui
(Cr. No. 01-455-A).

8.
The 9/11 Commission Report: Final Report of the National Commission on Terrorist Attacks Upon the United States
(New York: W. W. Norton, 2004), pp. 11, 235.

9.
Department of Defense news release, “Guantánamo Provides Valuable Intelligence Information,” June 12, 2005.

10.
Chris Mackey and Greg Miller,
The Interrogators: Task Force 500 and America's
Secret War Against al Qaeda
(New York: Back Bay Books, 2005), p. 472.

11.
Department of Justice, Office of the Inspector General, “A Review of the FBI's Involvement in and Observations of Detainee Interrogations in Guantánamo Bay, Afghanistan, and Iraq,” revised October 2009.

12.
Hill to Myers, “Counter-Resistance Techniques,” October 25, 2002.

13.
Lieutenant Colonel Jerald Phifer to Major General Michael B. Dunlavey, “Request for Approval of Counter-Resistance Strategies,” October 11, 2002.

14.
Lieutenant Colonel Jerald Phifer to Major General Michael B. Dunlavey, “Request for Approval of Counter-Resistance Strategies,” October 11, 2002.

15.
Lieutenant Colonel Jerald Phifer to Major General Michael B. Dunlavey, “Request for Approval of Counter-Resistance Strategies,” October 11, 2002.

16.
Haynes to Rumsfeld, “Counter-Resistance Techniques,” November 27, 2002.

17.
Haynes to Rumsfeld, “Counter-Resistance Techniques,” November 27, 2002.

18.
Haynes to Rumsfeld, “Counter-Resistance Techniques,” November 27, 2002.

19.
Philippe Sands,
Torture Team: Rumsfeld's Memo and the Betrayal of American Values
(New York: Palgrave Macmillan, 2008).

20.
Press briefing by White House Counsel Judge Alberto Gonzales, DoD General Counsel William Haynes, DoD Deputy General Counsel Daniel Dell'Orto, and Army Deputy Chief of Stafffor Intelligence General Keith Alexander, June 22, 2004.

21.
Press briefing by White House Counsel Judge Alberto Gonzales, DoD General Counsel William Haynes, DoD Deputy General Counsel Daniel Dell'Orto, andArmy Deputy Chief of Stafffor Intelligence General Keith Alexander, June 22, 2004.

22.
“Final Report of the Independent Panel to Review DoD Detention Operations” (Schlesinger Panel), August 24, 2004, p. 8.

23.
Final Report, Army Regulation 15-6, “Investigation into FBI Allegations of Detainee Abuse at Guantánamo Bay, Cuba Detention Facility” (Schmidt-Furlow Report), amended June 9, 2005, p. 20.

24.
Marc A. Th iessen,
Courting Disaster: How the CIA Kept America Safe and How Barack Obama Is Inviting the Next Attack
(Washington, D.C.: Regnery, 2010), pp.285–86; “Review of Department of Defense Detention Operations and Detainee Interrogation Techniques” (Church Report), May 11, 2004.