Former FBI Agent: Torture Sucks. Don’t Do It.

The Senate Judiciary Committee hearings produced an ugly picture of the role torture played in interrogating Al Qaeda leaders. The testimony of former FBI agent Ali Soufan shows how traditional intelligence techniques worked on Abu Zubaydah and “enhanced” techniques did nothing to advance national security interests:

Immediately after Abu Zubaydah was captured, a fellow FBI agent and I were flown to meet him at an undisclosed location. We were both very familiar with Abu Zubaydah and have successfully interrogated al-Qaeda terrorists. We started interrogating him, supported by CIA officials who were stationed at the location, and within the first hour of the interrogation, using the Informed Interrogation Approach, we gained important actionable intelligence.

We were once again very successful and elicited information regarding the role of KSM as the mastermind of the 9/11 attacks, and lots of other information that remains classified. (It is important to remember that before this we had no idea of KSM’s role in 9/11 or his importance in the al Qaeda leadership structure.)

Soufan then recounts a tug-of-war between the interrogators and the contractors brought in to apply the third degree. The intelligence and law enforcement professionals struggled to reestablish rapport with Zubaydah after each iteration of harsh interrogation tactics.

The new techniques did not produce results as Abu Zubaydah shut down and stopped talking. At that time nudity and low-level sleep deprivation (between 24 and 48 hours) was being used. After a few days of getting no information, and after repeated inquiries from DC asking why all of sudden no information was being transmitted (when before there had been a steady stream), we again were given control of the interrogation.

We then returned to using the Informed Interrogation Approach. Within a few hours, Abu Zubaydah again started talking and gave us important actionable intelligence.

The enhanced interrogation techniques were not only inferior to traditional interrogation techniques, they proved counterproductive. The use of illegal techniques resurrected the “wall” between the CIA and the FBI with regard to these detainees. This prevented FBI experts who knew more about Al Qaeda than anyone else in the government from questioning them. Plus, as Soufan recounts, coercive techniques make detainees tell you what you want to hear, whether it is true or not. As Jesse Ventura says, “you give me a waterboard, Dick Cheney, and one hour, and I’ll have him confess to the Sharon Tate murders.”

Torture did not advance the work of picking apart Al Qaeda, it disrupted it.

Quelling Overreaction Is Part of the Job

On Sunday’s Meet the Press, David Gregory pressed a trio of federal officials about how comments on swine flu like Vice President Biden’s have caused overreactions across the country, such as the diversion of a plane because a passenger had flu-like symptoms, the cancellation of a rap concert, and a variety of other dislocations in American life.

Acting director of the Centers for Disease Control Dr. Richard Besser said:

Well, y’know, everybody is going to deal with their concerns in different ways, and that’s the nature of people. What we can do is try and tell them what the risks are – what do we know – share information as we have it, and continue to hit the messages of those things that can be really effective.

Health and Human Services Secretary Kathleen Sebelius lamely used the fact that people are flooding emergency rooms as an opportunity to promote health care reform . . . So that panicked insured people would flood doctors’ offices?

If government officials are going to manage a situation like this – and doubts have been raised that they should – their obligation is not just to report, but to actually manage. Allowing a cacophony of government voices to drive erratic behavior by people across the land is harmful to the country for all the resources it wastes.

The Obama Administration should have a disciplined plan for handling situations like this. The administration’s disorganized response here is a signal of the truly awful reaction we could expect should something serious happen, like a terrorist attack. Terrorism, of course, works by inducing self-injurious overreaction on the part of the victim state, so overreaction must be avoided.

This incident reveals that the country is exceedingly vulnerable to terrorism because communications plans are evidently not in place.

(The administration’s plan for any terrorist attack should prioritize moving Vice President Biden to an undisclosed location. Not for his security or for continuity of government – so he won’t appear in the media!)

Al-Marri Pleads Guilty

Ali Saleh Kahlah al-Marri pleaded guilty to conspiring with al Qaeda leaders to commit acts of terrorism yesterday.  He could be sentenced up to 15 years in prison, though he has spent nearly half that awaiting trial and may get credit for the time already served.

Al-Marri was an exchange student who arrived in the United States on September 10th, 2001 as an al Qaeda sleeper agent.  Read the government’s declaration of facts used to detain him.  This is the stuff of movies; the FBI took a dangerous man off the streets when it arrested him.

Unfortunately, the government took him out of the criminal justice system and asked that the charges against him be dismissed with prejudice (meaning that they cannot be re-filed in the future).  He became a domestically detained enemy combatant and the test case for future domestic military detentions.  Just as attorneys seek sympathetic plaintiffs to overturn unjust laws, the government can find unsympathetic defendants to justify overbroad claims of power.  Al-Marri is about as unsympathetic as you can get.

The real tragedy is that al-Marri will serve a relatively short sentence.  Had the government prosecuted him on the seven charges alleged the first time around, he would have been put away for decades.  Related posts here, here, here, and here.

Withdrawing from Afghanistan

Oh, the war in Afghanistan. The more I learn, the more I’m convinced that we need to get out.

As I described the situation to my Cato colleague Chris Preble, for lack of a better analogy, the Afghanistan–Pakistan border is like a balloon: pushing down on one side forces elements to move to another — it doesn’t eliminate the threat.

The fate of Pakistan — a nuclear-armed Muslim-majority country plagued by a powerful jihadist insurgency — will matter more to regional and global stability than economic and political developments in Afghanistan. But if our attempts to stabilize Afghanistan destabilize Pakistan, where does that leave us? Like A.I.G., is Afghanistan too big to fail? No.

President Obama earlier this month issued a wide-ranging strategic review of the war and the region, and declared “the core goal of the U.S. must be to disrupt, dismantle, and defeat al Qaeda and its safe havens in Pakistan, and to prevent their return to Pakistan or Afghanistan.” But al Qaeda, as we very well know, is a loosely connected and decentralized network with cells in over 60 countries. Amassing tens of thousands of U.S. and NATO troops in one country — or any country — is unnecessary.

Until Pakistan’s intelligence agency, the ISI, changes priorities, this is a stalemate and we are throwing soldiers into a conflict because policymakers fear that, if we leave, it will get worse. Sound familiar?

The only military role necessary in Afghanistan is trainers and assistance for the Afghan military, police, and special forces tasked with discrete operations against specific targets. The bulk of the combat forces can and should be withdrawn.

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Bob McDonnell Wants to Scare You and Take Your Money

Though I’m not a Virginia resident or voter, nor a donor to politicians, Virginia gubernatorial candidate Bob McDonnell (whose party affiliation I’m not aware of) has added me to his email list. His name is similar to a past roommate, and that affinity has caused me to open more of his emails than I ordinarily would.

Today’s is worth writing about: It’s a political candidate transparently trying to scare voters and use their fear for fundraising.

Dear Jim,

Terror suspects could be headed to Virginia…

With the closing of the detention center at Guantanamo Bay the federal government must find new locations in which to house and try the roughly 240 terrorist suspects currently held 90 miles from our shores. Recent news reports indicate that the Department of Justice is considering transferring a number of the detainees to the Commonwealth of Virginia. One specific location: Alexandria. And other Virginia locations could be possibilities as well.

There are security details to be worked out when prisoners are transferred out of Guantanamo Bay, but the prisoners themselves are not dangerous as such. They’re prisoners, and they will always be under heavy guard. Terrorists are not radioactive, and they do not have lasers built into their eyes.

The problems with housing prisoners in the past have been over-the-top security precautions that make a great show but don’t necessarily meet actual security problems associated with housing terror suspects.

Bills have been introduced to bar detainees from being transferred to various states.

A precious few Americans have exhibited cool in this fear-of-detainees brouhaha. Alexandria Sheriff Dana A. Lawhorne is quoted in this Washington Post article, at least saying “he would do what he can: ‘You can’t run the other way when your country calls.’”

But McDonnell, the politician seeking a prominent leadership position in the state, would “lead” by pretending that captured terrorists are too big a security risk for Virginia. It’s shameful fear-mongering meant to capitalize on the ignorance and weakness of Virginians who don’t understand terrorism. The only links in the text of the email are to the fundraising page on McDonnell’s Web site.

McDonnell exhibits leadership malpractice with this kind of campaigning.

What Is a “Fifth Column” Anyway?

@RadleyBalko points to a Washington Examiner column in which Jim Kouri, Vice President and Public Information Officer of the National Association of Chiefs of Police, says that Obama administration policy changes with regard to the “global war on terrorism” allow “suspected Fifth Column-type groups . . . to make symbolic demands on agencies such as the Federal Bureau of Investigation and the Central Intelligence Agency.” He says the Council on American-Islamic Relations has called on the FBI to confirm or deny that a number of Long Island mosques are under law enforcement surveillance.

It’s hard to find the answer to the first question this raises: “So what?” Kouri does not make the case he implies: that something sinister lurks because this group, having a suspicion of something they see as wrongdoing, asks the agency in question whether it’s happening or not.

But the piece raised another question for me: “What’s a ‘Fifth Column,’ anyway?” The expression has been around forever, but what does it really mean?

Ahead of the Siege of Madrid in the Spanish Civil War, a general under Francisco Franco claimed that he would take the city with the four columns of troops under his command and a “fifth column” of nationalist sympathizers inside the city.

The city never fell to the nationalists, but fear of this “fifth column” caused the Republican government under Francisco Caballero to abandon Madrid for Valencia and it led to a massacre of nationalist prisoners in Madrid during the ensuing battle.

So a “fifth column” is not so much an insidious group of spies or traitors as it is the threat of such a group which causes the incumbent power to miscalculate and overreact. That doesn’t clear up what Kouri is trying to get across, but it does have the air of unintended confession.

What’s Wrong With The Title of This Event?

A May 1st Federalist Society lunch will feature William Kristol, Editor of the Weekly Standard speaking on “The Obama Administration and the War on Terror.” Hopefully, it will be a fair-minded inquiry into the utility of the “war” metaphor for combating and suppressing terrorism.

Iklé on Pirates

The are a number of statements to take issue with in Fred Iklé’s oped on piracy in today’s Washington Post. Let’s focus on one. He writes:

Terrorists are far more brutal than pirates and can easily force pirates — petty thieves in comparison — to share their ransom money. We already know that Somalia is an ideal fortress and headquarters for global terrorist activity.

Lots is possible, but the fact is that there is no connection between the Somalia pirates and terrorists, as I discussed here.

Terrorism “experts” have been heralding Somalia as the next big terrorist haven for years, and few, if any, have arrived. That is because the idea that violent political chaos is generally conducive to terrorism is wrong. Even in Afghanistan, Al Qaeda got comfortable only once there was a somewhat coherent government that allied with them, not amid total chaos. Civil wars are not, it turns out, ideal locales to hatch international terrorist plots.

While we’re here, it’s worth noting the current level of American concern about piracy is overblown. As Peter Van Doren pointed out to me the other day, the right way to think about this problem is that pirates are imposing a tax on shipping in their area. They are a bit like a pseudo-government, as Alexander the Great apparently learned. The tax amounts to $20-40 million a year, which is, as Ken Menkhaus put it in this Washington Post online forum, a “nuisance tax for global shipping.”

The reason ships are being hijacked along the Somali coast is because there are still ships sailing down the Somali coast. Piracy is evidently not a big enough problem to encourage many shippers to use alternative shipping routes. In addition, shippers apparently find it cheaper to pay ransom than to pay insurance for armed guards and deal with the added legal hassle in port. The provision of naval vessels to the region is an attempted subsidy to the shippers, and ultimately consumers of their goods, albeit one governments have traditionally paid. Whether or not that subsidy is cheaper than letting the market actors sort it out remains unclear to me.

These considerations are worth keeping in mind when we discuss the costs and benefits of particular counter-piracy proposals. Iklé suggests blockading Somalia ports, which would require a massive naval force. Condi Rice suggested a UN peacekeeping force on shore, a far more expensive and risky proposition.

Iklé does make one more promising suggestion, which is to create an international law against paying ransom to pirates. In practice this would require member states to enforce the law against payments, probably making it unenforceable, but it is an interesting idea.

David Axelrod Isn’t a Parrot

So why would he talk like one?

On Fox News Sunday this week, Obama Senior Advisor David Axelrod spoke with Chris Wallace about nuclear non-proliferation, saying, among other things:

[President Obama] wants in the next four years to lock up the loose nuclear weapons that are scattered around Eastern Europe, that could fall into the hands of terrorists. And, of course, that is the big threat. That’s why we have to step up the pace. This represents an existential threat and we need to meet it.

Controlling any loose nukes is important, but the chance of them being used by terrorists is exceedingly small, and it is not an existential threat.

For too long, U.S. national leaders have perpetrated the error of speaking about terrorist threats as “existential” when they are not. Talking this way needlessly riles the U.S. public and thrills would-be or wannabe terrorists the world over. When U.S. leaders donate awesomeness to terrorism, the disenfranchised simply have to join a terror group or make empty threats to impact our discourse, policy, and quality of life.

David Axelrod didn’t need the makeweight argument of terrorist access to justify controlling loose nukes.

(Axelrod’s error was made on the road, from a different time zone. To damn him with faint praise, he comes up looking pretty good compared to Newt Gingrich, who issued spectacularly inconsistent positions from the comfort of the Fox News studio: Gingrich first criticized the Obama Administration for avoiding “war on terror” rhetoric, then sought small-government credibility by criticizing Obama’s budget as the largest non-wartime increase in history. There is no such thing as a limited-government war-monger, and Gingrich should not modulate between treating the country as “at war” or “not at war” within a single television appearance.)

Wednesday Podcast: ‘Turning a Corner on the War Metaphor’

Since President Bush’s “War on Terror” began in 2001, the use of a war metaphor has come with assertions of broader powers by the president. But the U.S. may be turning a corner on how terms like “war” are used, says Cato scholar David Rittgers.

In Wednesday’s Cato Daily Podcast,  Rittgers argues that President Obama’s choice to do away with the war metaphor is a step in the right direction.

Af-Pak and the U.S.

The violence ripping across Afghanistan will not be stopped unless the problems in nuclear armed Pakistan are addressed, says Cato scholar Malou Innocent, who traveled to Pakistan late last year.

In a new Cato video, Innocent explains what the United States can do to protect its interests and return stability to the region.

Her forthcoming paper, “Pakistan and the Future of U.S. Policy” will be released next month.

Friday Podcast: ‘Obama’s Afghanistan Strategy’

President Obama has unveiled his plan for the war in Afghanistan, taking a more regional approach than the U.S. has in the past.

In Friday’s Cato Daily Podcast, foreign policy analyst Malou Innocent says it’s a critical step in the right direction, but stabilizing Afghanistan and fighting an insurgency can’t be accomplished while killing the livelihoods of so many Afghan farmers by destroying opium poppy.

In the future we should take Afghanistan as it is, rather than what we want it to be. So not only does that mean having a decreased reliance on a central state government from Kabul, but also understanding that many of the farms from these rural areas rely on the opium poppy crop for their own livelihood. So we should focus our efforts to targeting those who are in cahoots with   insurgent groups and not simply those who are depending on it for their livelihood.

Her forthcoming paper, “Pakistan and the Future of U.S. Policy” will be released next month.