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INQUIRY INTO THE TREATMENT OF DETAINEES IN U.S. CUSTODY-- REPORT OF THE COMMITTEE ON ARMED SERVICES, UNITED STATES SENATE

Notes:

1218. [Delete] Memorandum for All [Delete] Personnel, Policy No. 1 -- Battlefield Interrogation Team and Facility (BIT/F) Policy (July 15, 2003) hereinafter "BIT/F Policy (July 15, 2003")

1219. Notwithstanding differences between the legal status of detainees held in Iraq and those in Afghanistan, the SMU TF used the same interrogation approaches in both theaters. In addition, the JTF-7 interrogation policies included techniques that had been authorized for use at GTMO. By September 2003, interrogation approaches initially authorized for a war in which the President had determined that the protections of the Geneva Conventions did not apply, would be authorized for all U.S. forces in Iraq.

1220. Church Special Focus Team Report at 3.

1221. [Delete] BIT/F Policy (July 15, 2003).

1222. DoD IG, Interview of MG Keith Dayton (May 25, 2005) at 21; Flag and General Officer Questionnaire for [Big delete] (June 29, 2004) at 2 (hereinafter Questionnaire [delete] (June 29, 2004)").

1223. DoD IG Report at 16.

1224.  [Delete] Church Special Focus Team Report at 12. [Big delete].

1225.  [Delete] Although the Church Special Focus Team Report concluded that the SOP the SMU TF had acquired from its sister unit in Afghanistan before the invasion of Iraq remained in effect for the SMU TF in Iraq until it was replaced on October 25, 2003, the Committee was advised that an unsigned July 15, 2003 SOP was in effect for the SMU TF in Iraq. Church Special Focus Team Report at 12. Committee staff interview of SMU Legal Advisor 1 (May 29, 2008).

1226. Email from CAPT Jane Dalton to CAPT Shelley Young and Mr. William Hammill (April 2, 2003).

1227.  [Delete] Memo from the [delete] Legal Advisor to Staff Judge Advocate, USCENTCOM, Joint Task Forces [delete] [delete] Battlefield Interrogation Techniques (June 8, 2003); Church Special Focus Team Report at 12.

1228.  [Delete] Memo from the [delete] Legal Advisor to Staff Judge Advocate, USCENTCOM, Joint Task Forces [delete] [delete] Battlefield Interrogation Techniques (June 8, 2003).

1229.  Ibid.; Church Special Focus Team Report at 12.

1230.  Message from CENTCOM Deputy Commander  (June 10, 2003).

1231. BIT/F Policy (July 15, 2003) at 1.

1232. Ibid. at 5.

1233. BIT/F Policy (July 15, 2003) at 5; Review of Department of Defense Detention and Interrogation Operations, Senate Committee on Armed Services, 108th Cong., S. Hrg. 108-868 (May 7, 11, 19; July 22; September 9, 2004) at 1294.

1234. BIT/F Policy (July 15, 2003) at 3.

1235. Committee staff interview of [delete] (October 11, 2007).

1236 Ibid.

1237. Committee staff interview of SMU Legal Advisor 1 (May 29, 2008).

1238. The SMU TF Legal Advisor added that he would be surprised if the Committee found anything with [delete] [delete] signature on it. Committee staff interview of SMU TF Legal Advisor 2 (March 12, 2008).

1239. Ibid.

1240. Ibid.

1241. Committee staff interview of SMU TF J2X (February 5, 2008).

1242. [Delete] Questionnaire (June 29, 2004) at 3.

1243. Ibid.

1244. Ibid.

1245. Committee staff interview of SMU TF Legal Advisor 1 (May 29, 2008).

1246. Ibid.

1247. Committee staff interview of COL Thomas Pappas (October 12, 2007); Committee staff interview of LTG Ricardo Sanchez (December 20, 2007).

1248. USCENTCOM to CDR CJTF7, CFC FRAGO 09-278 Arabic Linguist Interrogator Support [delete] DTG 141543Z JUN 03 (June 14, 2003).

1249. Committee staff interview of COL Thomas Pappas (October 12, 2007). An interrogator with the Iraq Survey Group (ISG) who visited the Task Force facilities regularly recalled that at some point after June 2003 he saw interrogators from the 323rd MI BN (which was also providing interrogators to Abu Ghraib) whom he knew as he had trained some of them in Kuwait prior to the war. Committee staff interview of CWO Brian Searcy (June 4, 2007).

1250. Committee staff interview of LTG Ricardo Sanchez (December 20, 2007).

1251. Committee staff interview of COL Thomas Pappas (October 12, 2007).

1251. DoD IG. Interview of MG Keith Dayton (May 25, 2005) at 10, 12, 19, 30, 52.

1253. DoD IG, Interview of MG Keith Dayton (May 25, 2005) at 18.

1254. Ibid. at 19.

1255. Statement of (August 9, 2004).

1256. Ibid. at 9.

1257. DoD 10, Interview or MG Keith Dayton (May 25, 2005) at 20.

1258. Ibid. at 2I.

1259. Statement of [delete] (August 9, 2004) at 9.

1260. Ibid.

1261. Committee staff interview of SMU TF Legal Advisor 1 (May 29, 2008).

1262. DoD IG, Interview of MG Keith Dayton (May 25, 2005) at 50.

1263. Ibid. at 29.

1264. Email from to ISG Personnel (June 17, 2003).

1265. Email from to ISG Personnel (June 17, 2003).

1266. Army IG, Interview of LTG Ricardo Sanchez (October 26, 2004) at 2-3.

1267. Ibid. at 10.

1268. Ibid. at 5.

1269. Ibid. at 6.

1270. Ibid. at 7.

1271. Ibid.

1272. Committee staff interview of LTG Ricardo Sanchez (December 20, 2001).

1273. The CJTF-7 Commander, his senior staff, and division Commanders attended the meeting. Committee staff interview of COL Thomas Pappas (October 12, 2001).

1274. Ibid.

1275. Army IG, Interview of Col Thomas Pappas (August 24, 2006) at 6.

1276. Committee staff interview of COL Thomas Pappas (October 12, 2001).

1277. DoD News Briefing (August 7, 2003).

1278. Army IG, Interview of CPT Carolyn Wood (May 8, 2006) at 4.

1279. Ibid. at 3.

1280. Sworn Statement of CPT Carolyn Wood (December 17, 2004); Committee staff interview of CPT Carolyn Wood (February 11, 2008).

1281. Sworn Statement of CPT Carolyn Wood (May 21, 2004).

1282. Ibid.

1283. Ibid.

1284. Committee staff interview of CPT Carolyn Wood (February 11, 2008).

1285. Sworn Statement of CPT Carolyn Wood (December 17, 2004) at 3. Additionally, CJTF-7 Commander LTG Sanchez said a key purpose of his eventually issuing an interrogation policy was to regulate approach techniques believed derived, in part, from techniques used in Guantanamo Bay and Afghanistan. Statement by LTG Ricardo Sanchez to the Department of the Army Inspector General (October 2004) at 7.

1286. Committee staff interview of COL Thomas Pappas (October 12, 2007).

1287. Army IG, Interview of CPT Carolyn Wood (May 8, 2006) at 10. The Interrogation OIC had received the policy from one of her Chief Warrant Officers who had, in turn, received the policy from the LTC Robert Whelan, Commander of the 519tb Ml BN.

1288. Army IG, Interview of CPT Carolyn Wood (May 8, 2006) at 4; Committee staff interview of CPT Carolyn Wood (February 11, 2008). CPT Wood explained that even though the memorandum was dated July 26, 2003, which was before she took over the position at Abu Ghraib, she thought that one of her Chief Warrant Officers might have sent it up the chain knowing that she would be on board shortly.

1289. Memo from CPT Carolyn Wood to C2X, cm-7 (IRAQ) ABU GHURA. YB, Saddam Fedayeen Interrogation Facility (SFIF) Detainee Interrogation Policy (July 26, 2003) (hereinafter "SFIF Interrogation Policy (July 26, 2003)"); see also BIT/F Policy (July 15, 2003) at 3.

1290. SFIF Interrogation Policy (July 26, 2003) at 2.

1291. Sworn Statement of CPT Carolyn Wood (December 17, 2004) at 4.

1292. Army IG, Interview of CPT Carolyn Wood (August 15, 2006).

1293. Army IG, Interview of CPT Carolyn Wood (May 8, 2006) at 10.

1294. Email from CPT (P) William Ponce Jr. to CS165MI, HECC (August 14, 2003).

1295. Ibid.

1296. Ibid.

1297. Committee staff interview of COL Thomas Pappas (October 12, 2007).

1298. Ibid.; Sworn Statement of COL Thomas Pappas (January 25, 2006) at 15.

1299. Committee staff interview of LTG Ricardo Sanchez (December 20, 2007).

1300. Email from CPT (P) William Ponce Jr. to CSI65MI, HECC (August 14, 2003). CWO Lewis Welshofer was later tried and convicted of negligent homicide and negligent dereliction of duty in connection with the November 26, 2003 killing of an Iraq detainee.

1301. Email from 4ID 104 MI ICE to various recipients (August 14, 2003) (emphasis in original).

1302. Sworn Statement of CPT Carolyn Wood (December 17, 2004) at 2.

1303. Memo from CPT Carolyn Wood to C2X, CJTF-7 (IRAQ), ABU GHURAYB, Saddam Fedayeen Interrogation Facility (SF/F) Detainee Interrogation Policy (August 27, 2003) at 4.

1304. Ibid.

1305. Army IG, Interview of CPT Carolyn Wood (May 8, 2006) at 4; Committee staff interview of CPT Carolyn Wood (February 11, 2007).

1306. Ibid.

1307. Memo from Lt Col Arlene McCue for the Force Judge Advocate, Results of Telephonic Interview With Colonel Randy Moulton, (USA Ret), former Commanding Officer, JPRA (September 23, 2005) at 1 (hereinafter "McCue, Results of Interview with Colonel Moulton'''); Committee staff interview of [delete] (October 10, 2007). [Delete] The Chief of the Operational Support Office (OSO) at JPRA told the Committee that in the process of providing defensive SERE training to Special Mission Units, JPRA personnel who had conducted offensive training [big delete] also consulted with the Special Mission Units to determine how they could be helpful in training. Committee staff interview of Chris Wirts (January 4, 2007).

1308. [Delete] Priority Message, Request JPRA Assistance in Interrogation Support, Date Time Group (DTG) 252059Z AUG 03 (August 25, 2003).

1309. Ibid.

1310. [Delete] to HQ JPRA, Interrogator Support, DTG 272054Z AUG 03 (August 27, 2003); HQ [delete] to CDR USJFCOM, Request for Interrogator Support, DTG 271004Z AUG 03 (August 27, 2003).

1311. Details of the three-week JPRA trip to Iraq are reflected in trip reports that Lt Col Kleinman and Mr. Russell submitted "upon their return from Iraq in late September 2003." Lt Col Kleinman's trip report is annotated with the comments of Mr. Russell. See DoD IG Memorandum for the Record, 4 January 2005 Meeting with Mr. Lt Col Steve Kleinman (January 11, 2005) at 4; Memorandum from Mr. Terry Russell for Lt. Col. Reichert, Mr. Wirts, JPRA Support to [delete] (undated) (hereinafter "Russell Trip Report"); Memorandum from Lt Col Steven Kleinman, Trip Report - TDY to CENTCOM AOR. 1-24 Sep 03 (undated) (hereinafter "Kleinman Trip Report").

1312. Jane Mayer, The Dark Side (New York: Doubleday) at 246.

1313. Maj Steven Kleinman, Support to DoD Interrogation Operations (May 17, 2002).

1314. Ibid.

1315. Ibid. at 1-2.

1316. Ibid. at 4-6.

1317. Ibid. at 5.

1318. Committee staff interview of Lt Col Steven Kleinman (March 14, 2008).

1319. (SIFP) CDR USJFCOM to HQ JPRA, Interrogator Support, DIG 272054Z AUG 03 (August 27, 2003).

1320 Committee staff interview of Col Randy Moulton (November 26, 2007).

1321. Committee staff interview of RADM John Bird (March 17, 2008)

1322. Email from JPRA J2 to weekly report distribution list., JPRA Weekly Report (September 4, 2003). The JPRA Commander also updated JFCOM in JPRA's subsequent weekly reports. See September 11, 2003 Weekly Report (the JPRA team "deployed to Baghdad continues to support [redacted] with strategic debriefing.") September 25, 2003 Weekly Report (the JPRA team "deployed to Baghdad to support [redacted] with strategic debriefing" returned on September 24, 2003.)

1323. Email from LTG Wagner to Col Moulton (September 6, 2003).

1324. Email from Col Moulton to LTG Wagner (September 8, 2003).

1325. Ibid.

1326. Email from Col Moulton to RADM Bird (September 9, 2003).

1327. Ibid. (emphasis in original).

1328. SASC Hearing (September 25, 2008).

1329 Ibid.

1330. To the extent possible, the Committee relied on contemporaneous documents, including Lt Col Kleinman's and Mr. Russell's written trip reports, to establish the timeline of events during the JPRA team's visit to the SMU Task Force.

1331. Russell Trip Report.

1332. Committee staff interview of Lt Col Steven Kleinman (February 14, 2007).

1333. Ibid. During his interview with Committee staff, Lt Col Kleinman described the interrogation of an Iraqi man who had been detained by U.S. forces because interrogators believed he had useful intelligence because he knew about "bridges." Lt Col Kleinman said that it later became clear that the man was a dental technician.

1334. Russell Trip Report at 2.

1335. Ibid. at 1.

1336 SASC Hearing (September 25, 2008).

1337. Russell trip report at 2.

1338 Committee staff interview of Randy Moulton (June 19, 2007); Committee staff interview of Randy Moulton (November 26, 2007)

1339. McCue, Results of Interview with Colonel Moulton at 1.

1340. McCue, Results of Interview with Colonel Moulton at 1. According to the DoD IG report, the JPRA Commander confirmed that the U.S. Joint Forces Command J-3 and the SMU TF Commander "gave a verbal approval for the SERE team to actively participate in 'one or two demonstration' interrogations." DoD IG Report at 28.

1341. Email from Randy Moulton to DoD IG (June 30, 2006) at 3.

1342. Committee staff interview of Col Randy Moulton (June 19, 2007); Committee staff interview of Col Randy Moulton (November 26, 2007). LTG Wagner, however, to which the JPRA Commander referred had already left JFCOM in August 2003, well before the JPRA team deployed to Iraq. In testimony to the Senate Armed Services Committee, Col Moulton said that he was unable to reach RADM Bird or Maj Gen Soligan so he "went up the chain and spoke with General Wagner." SASC hearing (September 25, 2008).

1343. Committee staff interview of Col Randy Moulton (June 19, 2007).

1344. Ibid.

1345. Committee staff interview of RADM John Bird (March 17, 2008).

1346. Committee staff interview of Robert Wagner (June 28, 2007).

1347. Russell Trip Report.

1348. Russell Trip Report.

1349. With the walling technique, the J-2X stated that instructions were given to use a wood wall and to pick a spot on the wall in between any metal braces. Committee staff interview of SMU TF J2X (February 5, 2008).

1350. Committee staff interview of SMU TF J2X (February 5, 2008).

1351. Committee staff interview of Steven Kleinman (March 14, 2008).

1352. Committee staff interview of SMU TF J2X (February 5, 2008).

1353. Testimony of Terrence Russell (August 3, 2007) at 102-103, 106.

1354. Russell Trip Report.

1355. SASC Hearing (September 25, 2008).

1356. Ibid.

1357. Ibid.

1358. Russell Trip Report.

1359 Ibid. at 5; Kleinman Trip Report at 2-3.

1360. Kleinman Trip Report at 2-3.

1361. Ibid.

1362 Ibid.

1363 Russell Trip Report at 5. Mr. Russell also felt that Lt Col Kleinman should have used the interrogator's chain of command at the Task Force to stop the interrogation. Testimony of Terrence Russell (August 3, 2007) at 105.

1364. Kleinman Trip Report at 3.

1365 Ibid.

1366. [Delete] Kleinman Trip Report at 3. In his own trip report, Mr. Russell also noted that the use of kneeling was an authorized SMU TF technique. See Russell Trip Report at 3-4.

1367. Testimony of Terrence Russell (August 3, 2007) at 104-105.

1368. Committee staff interview of SMU TF J2X (February 5, 2008).

1369. Testimony of Terrence Russell (August 3, 2007) at 103.

1370. Ibid. at 104.

1371. Ibid. at 111-12.

1372. Ibid. at 126-27.

1373. Ibid. at 123.

1374. Ibid.

1375. The record is unclear as to exactly what date the call occurred.

1376. SASC Hearing (September 25, 2008).

1377. Ibid.

1378. Ibid.

1379. Ibid.

1380.  [Delete] Kleinman Trip Report at 3; Russell Trip Report at 2 ("The JPRA Commander had cleared Lenny Miller and me to use our normal and usual range of physical pressures while interrogating detainees''); Committee staff interview of Steven Kleinman (February 14, 2007); Testimony of Terrence Russell (August 3, 2007) at 99.

1381. SASC Hearing (September 25, 2008).

1382. Ibid.

1383. Kleinman Trip Report at 4; Russell Trip Report at 6.

1384. Russell Trip Report at 2.

1385. Ibid.

1386. SASC Hearing (September 25, 2008)

1387. Russell Trip report at 6..

1388 Ibid.

1389. Testimony of Terrence Russell (August 3, 2007) at 106-07.

1390. Russell Trip Report at 3; Kleinman Trip Report at 4.

1391. Kleinman Trip Report at 4.

1392. SASC Hearing (September 25, 2008).

1393. Russell Trip Report at 3.

1394. Committee staff interview of SMU TF Legal Advisor 2 (March 12, 2008).

1395. SASC Hearing (September 25, 2008).

1396. Russell Trip Report at 2-3.

1397. Kleinman Trip Report at 3.

1398. Testimony of Terrence Russell (August 3, 2007) at 114-15.

1399. Ibid. at 115.

1400. SASC Hearing (September 25, 2008). Mr. Russell testified that both he and Mr. Miller removed the detainee's clothing, but Mr. Miller told the Committee that only Mr. Russell removed the detainee's clothing. Testimony of Terrence Russell (August 3, 2007) at 116; Committee staff interview of Lenny Miller (July 24, 2007).

1401. Testimony of Terrence Russell (August 3, 2007) at 117.

1402. Ibid.

1403. SASC Hearing (September 25, 2008).

1404. Ibid.

1405. Ibid.

1406 Testimony of Terrence Russell (August 3, 2007) at 116-19.

1407. Kleinman Trip Report at 3.

1408. Ibid. at 3-4.

1409. SASC hearing (September 25, 2008); Testimony of Terrence Russell (August 3, 2007) at 119.

1410. SASC hearing (September 25, 2008).

1411. Ibid.

1412. Committee staff interview of Lt Col Steven Kleinman (February 14, 2007); Committee staff interview of Lt Col Steven Kleinman (March 14, 2008). Lt Col Kleinman told the Committee that the IF Commander gave him permission to take photographs.

1413. Untitled Photograph taken by Lt Col Steven Kleinman, (September 2003).

1414. Ibid.

1415. Committee staff interview of Lt Col Steven Kleinman (March 14, 2008).

1416. In his trip report, Terrence Russell wrote that he had learned about Lt Col Kleinman's intervention from the J2- X. Russell Trip Report at 3.

1417. Ibid.

1418. Ibid. at 4.

1419. Ibid.

1420. [Delete] JPRA, Executive Summary of JPRA Support [delete] (undated)

1421. [Delete] Ibid.; Russell Trip Report at 4.

1422. Russell Trip Report at 4.

1423. Testimony of Terrence Russell (August 3, 2007) at 120-121.

1424. Committee staff interview of Lt Col Steven Kleinman (March 14, 2008).

1425. SASC Hearing (September 25, 2008).

1426. Russell Trip Report at 4.

1427. Concept of Operations For HVT Exploitation (Undated), attachment to JPRA, Executive Summary of JPRA Support [delete] (undated) (hereinafter "Concept of Operations for HVT Exploitation - Version 1")

1428. [Delete] Exploitation Draft Plan (Undated); Concept of Operations For HVF Exploitation - Version 1

1429. Similar recommendations had also been listed in the February 28, 2003 JPRA memorandum on "prisoner handling recommendations" that JPRA had provided to SOUTHCOM in February 2002.

1430. [Delete] Concept of Operations For HVT Exploitation - Version 1.

1431. Ibid. (noting that "HVT exploitation operations will be conducted within the intent of U.S. policy and law, [in accordance with] U.S. interpretation as identified" in the March 6, 2003 Working Group report.)

1432. [Delete] Concept of Operations For HVT Exploitation - Version 1.

1433. Ibid.

1434. Committee staff interview of Christopher Wirts (January 4, 2008).

1435. [Delete] Following their trip, JPRA personnel also completed an "Executive Summary" of their support to the SMU TF that described the visit and summarized observations and recommendations provided to the SMU TF Commander. [Delete] Executive Summary of JPRA Support [delete] (undated).

1436. DoD IG Report at 28.

1437. Committee staff interview of Lt Col Steven Kleinman (March 14, 2008).

1438. Ibid.

1439. Committee staff interview of SMU TF Legal Advisor 2 (March 12, 2008).

1440. Russell Trip Report at 4.

1441. Ibid. [Delete] The initial decision to keep Mr. Russell in theater may be relevant to discussions Col Moulton was having with CENTCOM about the possibility of sending another three-man team to Iraq. Shortly after the original team left for Iraq, Col Moulton began discussions about sending a JPRA team to assist CENTCOM. On September 3, 2003, Col Moulton contacted the JPRA representative at CENTCOM and explained the genesis of their SMU TF mission and how he thought such support might be expanded to other missions and organizations throughout the CENTCOM AOR. Col Moulton wrote:

I've been in contact with [delete] in Baghdad. He was the one who requested the [JPRA team] to assist in interrogation training. He also mentioned that there are several entities doing interrogations, and there is no standardization/methodology on how to conduct/coordinate the process. He asked me to bring a team over to observe what they are doing and what others are doing. I think it would be a good idea to bring a team over to observe what they are doing and what others are doing. I think it would be a good idea to bring a team forward (3 person - myself, Chris Wirts, Terry Russell) to visit the various interrogation facilities and report back to JCS (through CENTCOM and the JFCOM/LL folks) with observations and potential recommendations.

[Delete] Col Moulton also stated that he had pitched the idea to JFCOM:

Having said that, I think the request needs to come from CENTCOM, not just [delete] I can support, and have already presented the concept to JFCOM. We just need the invite. Long-term is to identify the need for an OSD OPR [Office of Primary Responsibility] for strategic debriefing/interrogation. To put it into football terms, we (JPRA) are the quarterback for defensive resistance operations - there is no quarterback for offensive resistance operations. Where that responsibility would ultimately fall (JPRA [delete] is not the issue, but rather that someone has to take the lead.

Email from Col Moulton to JPRA CENTCOM LNO (September 3, 2003).

1442. Russell Trip Report at 6; see also email from Mike Lampe to David Ayres (August 28, 2003).

1443. Email from CAPT Donovan to Col Moulton, Col Atkins, Mr. Wirts, and Mr. Jagielski (September 26, 2003).

1444. Ibid.

1445. Ibid.

1446. The techniques that CAPT Donovan struck included [big delete].  Concept of Operations For HVT Exploitation at 6 (hereinafter "Concept of Operations For HVT Exploitation - Version 2").

1447. Concept of Operations For HVT Exploitation - Version 2 at 2.

1448. Ibid.

1449. Email from CAPT Dan Donovan to LTG Wagner, Maj Gen Soligan (September 29, 2003).

1450. Ibid.

1451. Ibid.

1452. DoD IG Report.

1453. Committee staff interview of CAPT Alan Kaufman (September 17, 2007).

1454. The ''two'' missions refer to the September 2003 trip to Iraq and the September 2002 JPRA training at Fort Bragg. Memo from LTG Robert Wagner, Follow up response to June 2003 USJFCOM IG Meeting on DoD IG Inquiry to USJFCOM of 27 May 2005 (September 23, 2005)

1455. Ibid.

1456. Committee staff interview of LTG Ricardo Sanchez (December 20, 2007).

1457. Army IG, Interview of LTG Ricardo Sanchez (November 23, 2004) at 3.

1458 .Army IG, Interview of MG Geoffrey Miller (October 20, 2005) at 65; AR 15-6 Investigation of the Abu Ghraib Detention Facility and 205th Military Intelligence Brigade (August 24, 2004) at 57 (hereinafter "Fay Report").

1459. Fay Report at 57.

1460. Allegations of Mistreatment of Iraqi Prisoners, Senate Committee on Armed Services, 108th Congress, S. Hrg. 108-868 (May 7, 2004, May 11, 2004) at 41, 98.

1461. Army IG, Interview of LTG William Boykin (November 17, 2005) at 3.

1462. MG Geoffrey Miller, Assessment of DoD Counterterrorism Interrogation and Detention Operations in Iraq (U) (undated) at 2 (hereinafter "Miller Report.")

1463. Army IG, Interview of MG Geoffrey Miller (October 20, 2005) at 65.

1464. Committee staff interview of MG Geoffrey Miller (December 6, 2007).

1465. Several members of the assessment team recalled the conditions at the Corps Holding Area. LTC Beaver described the facility as "grotesque" and recalled telling lawyers at CJTF-7 about "stagnant water, maggots, feces approximately 6 inches tall on the toilets and running down the sides of the toilets." She told the Committee that she saw senior non-commissioned officers who were oblivious to their surroundings and that she recalled one guard tell the visiting team "I don't give an [expletive] if [the Iraqi prisoners] die."

MG Miller said he was "dismayed and shocked at the operations" at Camp Cropper, referring to them as "inappropriate, unprofessional, and not humane." MG Miller also called it "shocking'" that "the guards didn't even know the rules of engagement for use of deadly force." MG Miller said that he told LTG Sanchez: "you have a major problem at Camp Cropper and you need to take action now." According to MG Miller, LTG Sanchez asked him to share his assessment with the 800th MP BDE Commander BG Janis Karpinski and direct that "corrections be made in the next 48 hours." MG Miller said that, in a subsequent meeting with BG Karpinski, he met with "significant pushback." He recalled his reaction in that meeting. "[I] kind of cleared the room and told General Karpinski, I said these are the findings, if you don't agree with them, let's you and I go see General Sanchez because he has directed that you take action to have corrective action be taken and in place within 48-hours. And so she called the staff back in and started to go forward with it."

MG Miller told the Committee that BG Karpinski accepted the guidance, but not willingly. According to LTC Beaver, the Corps Holding Area at Camp Cropper was closed shortly after the team left Iraq. Sworn Statement of LTC Diane Beaver (December 10, 2004) at 1; Committee staff interview of LTC Diane Beaver (November 9, 2007); Army IG, Interview of MG Geoffrey Miller (June 28, 2005) at 68.

1466. DoD IG, Interview of LTG Keith Dayton (May 25, 2005) at 10.

1467. Ibid. at 52.

1468. Committee staff interview of Brian Searcy (June 4, 2007).

1469. Ibid.

1470 Ibid.

1471. Committee staff interview of MG Geoffrey Miller (December 6, 2007); Interview of MG Geoffrey Miller for Javal Davis trial (August 21, 2004). The former JTF-GTMO ICE Chief David Becker, who was present during the ISG visit did not recall the MG Miller using the term "GTMO-ize." Committee staff interview of David Becker (September 17, 2007).

1472. Committee staff interview of MG Geoffrey Miller (December 6, 2007).

1473. Committee staff interview of Mike Kamin (May 30, 2007).

1474. Committee staff interview of [delete] (May 23, 2007).

1475. Lt Col Rapuano said that "the issue discussed, without decision, was if it was appropriate that detainees were being provided cooler living conditions than most Coalition personnel had in their living quarters and work areas, and whether only the cooperative detainees should be rewarded with cooler cells." Kenneth Rapuano answers to September 3, 2008 written questions from Senator Carl Levin (September 16, 2008).

1476. DoD IG, Interview of MG Keith Dayton (May 25, 2005) at 33.

1477. Ibid.

1478. Ibid.

1479. Ibid. at 34.

1480. Committee staff interview of MG Geoffrey Miller (December 6, 2007).

1481. DoD IG, Interview of MG Keith Dayton (May 25, 2005) at 34; Committee staff interview of LTG Keith Dayton (June 1, 2007).

1482. Committee staff interview of [delete] (October 10, 2007).

1483. Committee staff interview of MG Geoffrey Miller (December 6, 2007).

1484. Ibid.

1485. See Section XII A, supra.

1486. Sworn Statement of LTC Diane Beaver (December 10, 2004) at 1.

1487. Committee staff interview of LTC Diane Beaver (November 9, 2007).

1488. Ibid.

1489. Ibid.

1490 Committee staff interview of MG Geoffrey Miller (December 6, 2007).

1491. Slide presentation, The GTMO Commander-Team Visit to Iraq (undated).

1492. Ibid.

1493. COL Pappas stated that the discussions were broad but focused on the understanding that "interrogation is what drives the train," as well as developing a "singular unified purpose that was to extract information" from detainees. Army IG, Interview of COL Thomas Pappas (April 12, 2006) at 10, 12, 15.

1494. Ibid. at 10.

1495. Sworn Statement of CPT Carolyn Wood (May 21, 2004) at 2.

1496. Army IG, Interview of CPT Carolyn Wood (May 8, 2006) at 12.

1497. Army IG, Interview of CPT Carolyn Wood (August 15, 2006) at 45.

1498. Army IG, Statement of MG Geoffrey Miller (June 19, 2004) at 2.

1499. Statement of LTG Ricardo Sanchez (October 2004) at 7.

1500. Army IG, Statement of MG Geoffrey Miller (June 19, 2004) at 2.

1501 Sworn Statement of CPT Carolyn Wood (May 21, 2004) at 6; see Section XII B, supra.

1502 Alpha Company, 519th MI BN SFIF Interrogation TIPS (August 27, 2003).

1503. Sworn Statement of CPT Carolyn Wood (May 21, 2004) at 6.

1504. SASC Hearing (June 17, 2008); Committee staff interview of LTC Beaver (October 11, 2007).

1505. Army IG, Interview of David Becker (September 22, 2005) at 25.

1506. Army IG, Interview of COL Thomas Pappas (April 12, 2006) at 10. In a 2007 interview with Committee staff, COL Pappas recalled having discussions with former JTF-GTMO ICE Chief David Becker, but did not recall if the use of dogs came up in those discussions. Committee staff interview of Col Thomas Pappas (October 12, 2007).

1507. Army IG, Interview of Col Thomas Pappas (April 12, 2006) at 10.

1508. Memorandum from COL Thomas Pappas to LTG Ricardo Sanchez, Exception to CJTF-7 Interrogation and Counter Resistance Policy (December 14, 2003).

1509. Army 15-6 Investigation, Interview of COL Thomas Pappas (February 12, 2004) at 28.

1510. Ibid. at 29.

1511. Sworn Statement of COL Thomas Pappas (January 25, 2006) at 14.

1512. MAJ David DiNenna, answers to February 13, 2006 written questions (undated). MAJ DiNenna wrote that he had "requested dogs in June 2003 when I first arrived at Abu Ghraib. We had 2 MWD [Military Working Dog] teams at Camp Bucca prior to that and they proved to be a tremendous force multiplier. I requested MWD from that point until they arrived in November 2003."

1513. Ibid.

1514. Ibid.

1515. Ibid. at 21.

1516. Army IG, Interview of MG Geoffrey Miller (October 20, 2005) at 71.

1517. Ibid.

1518. Ibid. at 73.

1519. Ibid. at 69.

1520. Ibid.

1521. Ibid.

1522. Statement of LTG Ricardo Sanchez (October 2004) at 7.

1523. Sworn Statement of LTC Diane Beaver (December 10, 2004) at 5.

1524. Committee staff interview of COL Thomas Pappas (October 12, 2007).

1525. Committee staff interview of MG Geoffrey Miller (December 6, 2007).

1526. Committee staff interview of LTC Diane Beaver (November 9, 2007).

1527. Miller Report

1528. Ibid. at 2.

1529. Ibid. at 4.

1530. Fay Report at 59.

1531. Army IG, Interview of MG Geoffrey Miller (June 28, 2005) at 5, 8.

1532. Ibid. at 4.

1533 Army IG, Interview of MG Geoffrey Miller (October 20, 2005) at 82.

1534. Allegations of Mistreatment of Iraqi Prisoners, Senate Committee on Armed Services, 108th Congress, S. Hrg. 108-868 (May 11, 2004) at 339.

1535. Ibid. at 371.

1536. Allegations of Mistreatment of Iraqi Prisoners, Senate Committee on Armed Services, 108th Congress, S. Hrg. 108-868 (May 19, 2004) at 594.

1537. Interview of MG Geoffrey Miller for Javal Davis trial (August 21, 2004) at 3.

1538. Ibid.

1539. Army IG, Interview of MG Geoffrey Miller (October 20.2005) at 79.

1540. Ibid.

1541. Ibid. at 82.

1542. Letter from Under Secretary Stephen Cambone to Senator John Warner (December 19, 2006).

1543. Committee staff interview of MG Geoffrey Miller (December 6, 2007).

1544. CJTF-7 Interrogation and Counter-Resistance Policy (September 14, 2003).

1545. Statement of LTG Ricardo Sanchez (October 2004) at 9, 12.

1546. Ibid. at 8.

1547. The September 14, 2003 CJTF-7 Interrogation and Counter-Resistance Policy did not include sensory deprivation, which was also included in CPT Wood's August 27, 2003 policy proposal. CJTF-7 Interrogation and Counter-Resistance Policy (September 14, 2003); Alpha Company, 519th MI BN SFIF Interrogation TTPS (August 27, 2003).

1548. The September 14, 2003 policy also included "Mutt and leff," which was part of the 1987 version of Army FM 34-52, but not the 1992 version of the Army Field Manual 34-52. CJTF-7 Interrogation and Counter-Resistance Policy (September 14, 2003).

1549. CJTF-7 Interrogation and Counter-Resistance Policy (September 14, 2003); Statement of LTG Ricardo Sanchez (October 2004) at 8.

1550. Statement of CPT Carolyn Wood (December 17, 2004) at 4.

1551. Statement of LTG Ricardo Sanchez (October 2004) at 8, 12.

1552. Ibid.

1553. Statement of CPT Carolyn Wood (December 17, 2004) at 4.

1554. Memorandum for Record, CJTF-7 Interrogation Rules of Engagement (October 9, 2003) (hereinafter "CJTF-7 Interrogation Rules of Engagement (October 9, 2003)").

1555. Ibid.

1556. CJTF-7 Interrogation and Counter-Resistance Policy (September 10, 2003).

1557. CJTF-7 Interrogation Rules of Engagement (October 9, 2003).

1558. Committee staff interview of CPT Carolyn Wood (February 11, 2008); CJTF-7 Interrogation and Counter- Resistance Policy (September 10, 2003).

1559. Committee staff interview of LTG Ricardo Sanchez (December 20, 2007).

1560 Ibid.; Statement of LTG Ricardo Sanchez (October 2004) at 8, 12.

1561. Statement of LTG Ricardo Sanchez (November 23, 2004) at 4.

1562. Committee staff interview of LTG Ricardo Sanchez (December 20, 2007).

1563. COL Mark Warren, Judge Advocate Interview Questions (June 25, 2004).

1564. Email from COL Marc Warren to COL Fred Pribble and William Hammill (September 15, 2003).

1565. Email from William Hammill to MAl Carrie Ricci (September 16, 2003).

1566. Email from MAJ Carrie Ricci to William Hammill (September 16, 2003).

1567. Email from COL Marc Warren to COL Fred Pribble, MAJ Carrie Ricci, and William Hammill (September 17, 2003).

1568. Email from MN Carrie Ricci to COL Marc Warren, COL Fred Pribble, and William Hammill (September 16, 2003).

1569. Email from MN Carrie Ricci to William Hammill (September 17, 2003).

1570. Ibid.

1571. Email from COL Fred Pribble to MAJ Carrie Ricci and William Hammill (September 22, 2003).

1572. Statement of LTG Ricardo Sanchez (November 23, 2004) at 4.

1573. The October 12, 2003 policy also eliminated two Army FM techniques - change of scenery up and change of scenery down. CJTF-7 Memorandum for C2, Combined Joint Task Force Seven, C3, Combined Joint Task Force Seven, Commander, 205th Military Intelligence Brigade, CJTF-7 Interrogation and Counter-Resistance Policy (October 12, 2003) (hereinafter "c.rrF-7 Interrogation and Counter-Resistance Policy (October 12, 2003)").

1574. CJTF-7 Interrogation and Counter-Resistance Policy (October 12, 2003).

1575. Ibid.

1576.  Statement of LTG Ricardo Sanchez (October 2004) at 21; Statement of LTG Ricardo Sanchez (November 23, 2004) at 3 (emphasis added).

1577. Statement of LTG Ricardo Sanchez (November 23, 2004) at 4, 5.

1578. Ibid.

1579. Statement of LTG Ricardo Sanchez (October 2004) at 21.

1580. Army IG, Interview of COL Thomas Pappas (April 12, 2006) at 27.

1581. CJTF-7 Interrogation and Counter-Resistance Policy (October 12, 2003).

1582. Statement of CPT Carolyn Wood (December 17, 2004) at 4.

1583. Memorandum for Record CJTF-7 Interrogation Rules of Engagement (October 16, 2003).

1584. Ibid.

1585. [Delete] Questionnaire (June 29, 2004) at 2.

1586. [Delete] The Department of Defense produced two documents to the Committee in response to the request for the October SOP. Neither of those two documents is dated and one appears to be a draft written sometime after December 18 2003. See Department of Defense Headquarters, Joint Task Force [delete] Baghdad Airbase, Iraq, [delete] Battlefield Interrogation Facility/Team Standing Operating Procedures, Department of Defense Headquarters, Joint Task Force [delete] Baghdad Airbase, Iraq, [delete] Battiefield Interrogation Team and temporary Facility Standing Operating Procedures. The Department stated in a March 10, 2008 letter that the documents provided in response to the Committee's request for the October 25, 2003 SOP were "reasonably close to the time frame and location requested." Letter from ASD Robert Wilkie to Chairman Carl Levin (March 10, 2008). The Department has also informed the Committee that after "multiple searches we were unable to locate an SOP with the exact October 25, 2003 date." Email from Thomas Alexander to Committee staff (April 9, 2008).

1587. Church Special Focus Team Report at 12-13.

1588. [Delete] Although the Church Special Focus Team Report identified "repeat and control" as a technique that went beyond the Army FM, it could also arguably be classified as a Field Manual technique.

1589. CJTF-7's September 14, 2003 SOP included "sleep management" and "sleep adjustment." See Section XII E, supra.

1590. [Delete] Questionnaire (June 29, 2004) at 4.

1591. Church Special Focus Team Report at 13; [Big delete] Questionnaire (June 29, 2004) at 3.

1592. [Big delete] Questionnaire (June 29, 2004) at 3.

1593. Testimony of Terrence Russell (August 3, 2007) at 117.

1594. Ibid.

1595. Ibid.

1596 [Delete] Questionnaire (June 29, 2004) at 3.

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