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- 1
- 00:01:01,437 --> 00:01:04,774
- How long you been
- working on this project, Dan?
- 2
- 00:01:04,857 --> 00:01:07,651
- Five years.
- 3
- 00:01:07,735 --> 00:01:09,987
- Five, wow.
- 4
- 00:01:10,070 --> 00:01:13,115
- Every day? Nights, weekends?
- 5
- 00:01:14,617 --> 00:01:16,911
- It's been very consuming.
- 6
- 00:01:19,872 --> 00:01:23,584
- Do you have
- a relationship, Dan? Family?
- 7
- 00:01:23,667 --> 00:01:27,129
- Just trying to get
- a better sense of who you are.
- 8
- 00:01:27,213 --> 00:01:29,590
- When it started, I was
- seeing someone, but, you know,
- 9
- 00:01:29,673 --> 00:01:32,426
- with the nature of the work
- and the hours...
- 10
- 00:01:32,510 --> 00:01:35,179
- I wasn't a very good partner.
- 11
- 00:01:39,058 --> 00:01:43,062
- Five years,
- and it could all go away.
- 12
- 00:01:43,145 --> 00:01:46,106
- Just vanish in the face
- of these allegations.
- 13
- 00:01:46,190 --> 00:01:48,025
- I can certainly imagine
- 14
- 00:01:48,108 --> 00:01:49,944
- an ambitious young man
- like yourself
- 15
- 00:01:50,027 --> 00:01:51,862
- spends years
- with his head buried
- 16
- 00:01:51,946 --> 00:01:54,156
- in some terrible spectacle,
- 17
- 00:01:54,240 --> 00:01:56,450
- gets frustrated
- with the process,
- 18
- 00:01:56,534 --> 00:01:58,828
- sees an opportunity
- to get the truth out faster,
- 19
- 00:01:58,911 --> 00:02:00,204
- maybe crosses a line.
- 20
- 00:02:00,287 --> 00:02:01,890
- I'm assuming this is
- the most important thing
- 21
- 00:02:01,914 --> 00:02:03,683
- - you've ever been a part of.
- - I didn't do it.
- 22
- 00:02:03,707 --> 00:02:05,459
- Or I can see
- an equally ambitious senator
- 23
- 00:02:05,543 --> 00:02:06,919
- encouraging you to do something.
- 24
- 00:02:07,002 --> 00:02:08,879
- Now would be
- a good time to tell me.
- 25
- 00:02:08,963 --> 00:02:10,965
- That did not happen.
- What I did, I did on my own.
- 26
- 00:02:12,049 --> 00:02:13,259
- I acted alone.
- 27
- 00:02:13,342 --> 00:02:15,010
- You ever sleep, bro?
- 28
- 00:02:15,094 --> 00:02:17,805
- I used to. Got in the way of work.
- 29
- 00:02:17,888 --> 00:02:20,099
- Anything in that bag
- contain the real names
- 30
- 00:02:20,182 --> 00:02:22,309
- of CIA officers,
- assets or partners,
- 31
- 00:02:22,393 --> 00:02:24,687
- or any information
- that would be in violation
- 32
- 00:02:24,770 --> 00:02:27,106
- of the agreement between
- the Central Intelligence Agency
- 33
- 00:02:27,189 --> 00:02:28,691
- and the United States Senate?
- 34
- 00:02:28,774 --> 00:02:31,527
- - Have a good night, Jay.
- - You, too, Dan.
- 35
- 00:02:33,320 --> 00:02:35,155
- So, you did steal the document?
- 36
- 00:02:35,239 --> 00:02:37,074
- I did not steal it.
- I relocated it.
- 37
- 00:02:37,157 --> 00:02:38,593
- Everyone has their own words.
- 38
- 00:02:38,617 --> 00:02:40,327
- The language is built
- to choose sides.
- 39
- 00:02:40,411 --> 00:02:42,580
- Now, why did you relocate it?
- 40
- 00:02:44,039 --> 00:02:46,250
- They could send you
- to jail, Dan.
- 41
- 00:02:56,969 --> 00:02:58,971
- I think I should
- start at the beginning.
- 42
- 00:03:40,220 --> 00:03:42,181
- - You Dan Jones?
- - Yeah.
- 43
- 00:03:42,264 --> 00:03:43,265
- - Denis McDonough.
- - Hi.
- 44
- 00:03:43,349 --> 00:03:44,409
- Thank you so much
- for meeting me.
- 45
- 00:03:44,433 --> 00:03:46,101
- Come on in, yeah. Absolutely.
- 46
- 00:03:46,185 --> 00:03:47,770
- So, thanks for coming in.
- 47
- 00:03:47,853 --> 00:03:49,229
- Uh, tell me your story.
- 48
- 00:03:49,313 --> 00:03:51,193
- My second day of grad school
- was September 11th.
- 49
- 00:03:51,231 --> 00:03:55,194
- I was headed to a lecture,
- and everything just... stopped.
- 50
- 00:03:55,277 --> 00:03:57,947
- The next day, I changed all my
- classes to national security.
- 51
- 00:03:58,030 --> 00:04:00,407
- Good man.
- 52
- 00:04:00,491 --> 00:04:01,825
- So, what's the long-term plan?
- 53
- 00:04:01,909 --> 00:04:03,619
- Where do you see yourself
- in ten years?
- 54
- 00:04:03,702 --> 00:04:05,037
- Are you running for office?
- 55
- 00:04:05,120 --> 00:04:06,622
- Oh, uh, no. No politics for me.
- 56
- 00:04:06,705 --> 00:04:08,391
- I think I'd be more effective
- behind the scenes,
- 57
- 00:04:08,415 --> 00:04:10,084
- somewhere I can
- really make a difference.
- 58
- 00:04:10,167 --> 00:04:11,543
- So, what about before Harvard?
- 59
- 00:04:11,627 --> 00:04:13,754
- Uh, what'd you fill up
- your days with then?
- 60
- 00:04:13,837 --> 00:04:16,340
- Teach For America
- for three years in Baltimore.
- 61
- 00:04:16,423 --> 00:04:17,549
- Seventh-graders.
- 62
- 00:04:17,633 --> 00:04:19,343
- I read that you taught
- high school Spanish
- 63
- 00:04:19,426 --> 00:04:20,986
- in Saint Paul, Minnesota,
- after college?
- 64
- 00:04:21,011 --> 00:04:22,554
- And LBJ's first job was teaching
- 65
- 00:04:22,638 --> 00:04:24,640
- at the Mexican school
- in South Texas.
- 66
- 00:04:24,723 --> 00:04:26,266
- Knowing how
- to deal with children
- 67
- 00:04:26,350 --> 00:04:28,310
- is a highly useful skill
- when working on the Hill.
- 68
- 00:04:29,770 --> 00:04:32,356
- But from my perspective
- as Senate staff,
- 69
- 00:04:32,439 --> 00:04:36,235
- I would wait until
- things turn around up here.
- 70
- 00:04:36,318 --> 00:04:38,862
- I think Senator Daschle
- would say the same thing.
- 71
- 00:04:38,946 --> 00:04:41,824
- Go get some real-world
- experience in counterterrorism,
- 72
- 00:04:41,907 --> 00:04:44,243
- in... foreign policy.
- 73
- 00:04:44,326 --> 00:04:46,453
- Try the CIA. Try FBI.
- 74
- 00:04:46,537 --> 00:04:49,748
- Have them teach you what they
- don't teach you in a classroom.
- 75
- 00:04:49,832 --> 00:04:51,685
- Then you can come back here, and...
- 76
- 00:04:51,709 --> 00:04:54,253
- help us fix all the things that
- Bush and Cheney are breaking.
- 77
- 00:04:54,336 --> 00:04:56,171
- McDonough.
- 78
- 00:04:56,255 --> 00:04:58,507
- Yes, Senator, uh, one second.
- 79
- 00:04:58,590 --> 00:05:00,676
- The boss. Here.
- 80
- 00:05:00,759 --> 00:05:02,094
- Keep in touch, huh?
- 81
- 00:05:02,177 --> 00:05:04,722
- - Thank you very much for your time.
- - Absolutely.
- 82
- 00:05:04,805 --> 00:05:06,783
- I do not have
- that information right now,
- 83
- 00:05:06,807 --> 00:05:09,268
- but I can certainly get that
- for you in the next 15.
- 84
- 00:05:09,351 --> 00:05:11,228
- Yeah.
- 85
- 00:05:16,608 --> 00:05:18,944
- In regards to
- the bomb plots in Germany,
- 86
- 00:05:19,028 --> 00:05:20,380
- three men were arrested
- in Medebach
- 87
- 00:05:20,404 --> 00:05:22,489
- with 1,500 pounds
- of hydrogen peroxide
- 88
- 00:05:22,573 --> 00:05:24,825
- and 26 military-grade
- detonators.
- 89
- 00:05:24,908 --> 00:05:26,785
- The CIA suspects
- the Islamic Jihad Union...
- 90
- 00:05:26,869 --> 00:05:28,138
- Excuse me.
- 91
- 00:05:28,162 --> 00:05:29,997
- Uh, can I borrow you
- for a minute, Dan?
- 92
- 00:05:30,080 --> 00:05:31,832
- Uh, Senator would
- like to see you.
- 93
- 00:05:31,915 --> 00:05:33,333
- Yeah, of course.
- 94
- 00:05:36,253 --> 00:05:39,089
- - Morning, Dan.
- - Morning, Senator.
- 95
- 00:05:39,173 --> 00:05:41,842
- Have you seen the story today
- in The New York Times?
- 96
- 00:05:41,925 --> 00:05:44,261
- - No, Senator, I have not.
- - Evidently, the CIA destroyed
- 97
- 00:05:44,344 --> 00:05:47,514
- tapes of interrogations
- of Al Qaeda detainees.
- 98
- 00:05:48,807 --> 00:05:51,060
- Did the Intel Committee know
- there were tapes?
- 99
- 00:05:51,143 --> 00:05:53,270
- No. This is the first
- I've heard of it.
- 100
- 00:05:53,353 --> 00:05:56,774
- So, I want to find out
- what was on the tapes
- 101
- 00:05:56,857 --> 00:05:58,233
- and why they were destroyed.
- 102
- 00:05:58,317 --> 00:06:00,819
- We want you to lead
- the investigation, Dan.
- 103
- 00:06:02,863 --> 00:06:04,990
- But if the tapes were
- destroyed, how do we...
- 104
- 00:06:05,074 --> 00:06:07,117
- They're saying
- they have written records.
- 105
- 00:06:07,201 --> 00:06:10,871
- Thousands of pages.
- Let's see about that.
- 106
- 00:06:10,954 --> 00:06:13,290
- I want you to find out
- exactly what they have
- 107
- 00:06:13,373 --> 00:06:15,250
- and read every word of it.
- 108
- 00:06:19,880 --> 00:06:24,551
- This report on the
- destruction of tapes by the CIA
- 109
- 00:06:24,635 --> 00:06:27,179
- - has been two years in the making.
- - Thank you.
- 110
- 00:06:27,262 --> 00:06:29,848
- The findings are very troubling,
- 111
- 00:06:29,932 --> 00:06:32,476
- but it will remain classified.
- 112
- 00:06:32,559 --> 00:06:35,979
- Based on these revelations,
- a larger study into
- 113
- 00:06:36,063 --> 00:06:40,234
- the entire CIA Detention
- and Interrogation Program
- 114
- 00:06:40,317 --> 00:06:43,237
- is clearly in order.
- 115
- 00:06:43,320 --> 00:06:46,073
- All in favor, say "yay."
- 116
- 00:06:46,156 --> 00:06:48,367
- - Mr. Whitehouse?
- - Yay.
- 117
- 00:06:48,450 --> 00:06:51,161
- - Mr. Burr?
- - Yay.
- 118
- 00:06:51,245 --> 00:06:54,248
- - Mr. Rockefeller?
- - Yay.
- 119
- 00:06:54,331 --> 00:06:56,583
- Mr. Chambliss?
- 120
- 00:06:56,667 --> 00:06:58,210
- - Nay.
- - Mr. Risch?
- 121
- 00:06:58,293 --> 00:07:00,629
- I think this is a waste of time.
- 122
- 00:07:00,712 --> 00:07:02,631
- Now, I know you voted
- against this, Saxby...
- 123
- 00:07:02,714 --> 00:07:05,092
- But you already had
- your tapes investigation.
- 124
- 00:07:05,175 --> 00:07:08,470
- Yes, but the rest of us
- voted to go further, 14 to one.
- 125
- 00:07:08,554 --> 00:07:11,140
- It's our job
- to provide oversight.
- 126
- 00:07:11,223 --> 00:07:15,561
- All during the campaign,
- you got candidate Obama saying
- 127
- 00:07:15,644 --> 00:07:18,355
- how he wanted to be the first
- post-partisan president.
- 128
- 00:07:18,438 --> 00:07:20,190
- Saxby, you know me.
- 129
- 00:07:20,274 --> 00:07:22,067
- It's my intention
- that this report be seen
- 130
- 00:07:22,151 --> 00:07:24,653
- as coming from the entire
- Intelligence Committee,
- 131
- 00:07:24,736 --> 00:07:26,321
- not just the Democrats.
- 132
- 00:07:26,405 --> 00:07:27,948
- So, who takes the lead?
- 133
- 00:07:28,031 --> 00:07:30,701
- Well, I was thinking Dan Jones.
- 134
- 00:07:30,784 --> 00:07:33,829
- He spent four years doing
- counterterrorism at the FBI.
- 135
- 00:07:33,912 --> 00:07:36,582
- He's already got
- the security clearances.
- 136
- 00:07:36,665 --> 00:07:40,127
- The rules are the same
- as the tapes investigation.
- 137
- 00:07:40,210 --> 00:07:42,087
- No politics, no bias,
- 138
- 00:07:42,171 --> 00:07:43,881
- and the senator isn't interested
- 139
- 00:07:43,964 --> 00:07:45,716
- in opinions or theories,
- just facts.
- 140
- 00:07:45,799 --> 00:07:47,342
- Based on what
- you found out already,
- 141
- 00:07:47,426 --> 00:07:50,304
- this could go to
- a pretty dark place.
- 142
- 00:07:50,387 --> 00:07:52,431
- You need to keep your
- personal feelings out of it.
- 143
- 00:07:52,514 --> 00:07:55,434
- That's the first thing
- Republicans are gonna look for.
- 144
- 00:07:55,517 --> 00:07:57,519
- No talking to the press
- or your girlfriend
- 145
- 00:07:57,603 --> 00:07:59,313
- or any family members.
- 146
- 00:07:59,396 --> 00:08:01,440
- Nobody outside of the committee.
- 147
- 00:08:01,523 --> 00:08:03,275
- You're gonna get a team of six...
- 148
- 00:08:03,358 --> 00:08:04,798
- Three Republicans,
- three Democrats...
- 149
- 00:08:04,860 --> 00:08:06,820
- But there can't be
- any Republican sentences
- 150
- 00:08:06,904 --> 00:08:08,614
- or Democratic paragraphs.
- 151
- 00:08:08,697 --> 00:08:10,490
- And how long do we have?
- 152
- 00:08:10,574 --> 00:08:13,327
- We're hoping you can
- wrap it up in a year or so.
- 153
- 00:08:13,410 --> 00:08:17,080
- You're gonna have to keep the
- senators updated on your work.
- 154
- 00:08:17,164 --> 00:08:19,458
- Nobody wants any surprises.
- 155
- 00:08:19,541 --> 00:08:22,711
- There's a covert CIA off-site
- in Virginia.
- 156
- 00:08:22,794 --> 00:08:23,962
- You start tomorrow.
- 157
- 00:08:24,046 --> 00:08:26,048
- - Jones, right?
- - Sean.
- 158
- 00:08:26,131 --> 00:08:29,343
- - Hi. Dan.
- - Sean Murphy from the Agency.
- 159
- 00:08:29,426 --> 00:08:31,678
- - Let's go inside.
- - Okay.
- 160
- 00:08:36,016 --> 00:08:38,435
- Identification, gentlemen.
- 161
- 00:08:38,518 --> 00:08:41,021
- The room we've designated is a SCIF.
- 162
- 00:08:41,104 --> 00:08:43,357
- No phone reception, no photos...
- You know the drill...
- 163
- 00:08:43,440 --> 00:08:45,442
- Lead walls.
- 164
- 00:08:45,525 --> 00:08:47,361
- And, per the agreement,
- 165
- 00:08:47,444 --> 00:08:48,987
- the room is off-limits
- to everyone
- 166
- 00:08:49,071 --> 00:08:50,906
- - except committee personnel.
- - Absolutely.
- 167
- 00:08:50,989 --> 00:08:52,824
- No one inside
- without your permission.
- 168
- 00:09:02,793 --> 00:09:04,670
- - And the computers?
- - Right here.
- 169
- 00:09:04,753 --> 00:09:07,172
- Your own dedicated server,
- air-gapped workstations.
- 170
- 00:09:07,256 --> 00:09:09,132
- We'll be updating
- the database as we go.
- 171
- 00:09:09,216 --> 00:09:11,301
- The files will be loaded
- on here as we collect them
- 172
- 00:09:11,385 --> 00:09:13,178
- - from across the Agency.
- - Great.
- 173
- 00:09:13,262 --> 00:09:15,198
- We'll want all relevant
- documents as soon as possible.
- 174
- 00:09:15,222 --> 00:09:16,699
- - Well, we got to vet it first.
- - Vet?
- 175
- 00:09:16,723 --> 00:09:18,100
- There's a lot to...
- 176
- 00:09:18,183 --> 00:09:19,503
- Director Panetta
- agreed to give us
- 177
- 00:09:19,559 --> 00:09:20,870
- everything pertaining
- to the program.
- 178
- 00:09:20,894 --> 00:09:23,021
- Wh-Who would be,
- who would be vetting it?
- 179
- 00:09:23,105 --> 00:09:25,023
- It's a big agency.
- 180
- 00:09:25,107 --> 00:09:26,775
- We got to make sure
- you don't get anything
- 181
- 00:09:26,858 --> 00:09:28,986
- you're not supposed to.
- 182
- 00:09:54,428 --> 00:09:56,638
- Make yourself at home.
- 183
- 00:10:05,605 --> 00:10:08,692
- There's... no printer?
- 184
- 00:10:08,775 --> 00:10:10,152
- No paper.
- 185
- 00:10:10,235 --> 00:10:12,279
- No documents are allowed
- to leave the room
- 186
- 00:10:12,362 --> 00:10:14,156
- without CIA approval.
- 187
- 00:10:14,239 --> 00:10:18,201
- Paper has a way of getting
- people in trouble at our place.
- 188
- 00:10:20,704 --> 00:10:23,248
- I think at some point
- we're gonna need a printer.
- 189
- 00:10:23,332 --> 00:10:24,416
- And paper.
- 190
- 00:10:24,499 --> 00:10:27,044
- At our place...
- 191
- 00:10:27,127 --> 00:10:29,629
- paper's how
- we keep track of laws.
- 192
- 00:10:33,008 --> 00:10:34,551
- Okay.
- 193
- 00:11:11,755 --> 00:11:15,175
- Calling this
- an obvious terrorist attack
- 194
- 00:11:15,258 --> 00:11:17,469
- based on very
- preliminary information,
- 195
- 00:11:17,552 --> 00:11:19,346
- the information that
- 196
- 00:11:19,429 --> 00:11:20,740
- intelligence officials
- are getting...
- 197
- 00:11:20,764 --> 00:11:22,474
- You're not gonna like this.
- 198
- 00:11:22,557 --> 00:11:24,702
- A possible
- hijacked plane, and of course
- 199
- 00:11:24,726 --> 00:11:27,979
- the-the very horrifying video
- of the plane...
- 200
- 00:11:28,063 --> 00:11:30,399
- We confirmed some of the names.
- 201
- 00:11:30,482 --> 00:11:31,775
- The hijackers?
- 202
- 00:11:31,858 --> 00:11:33,610
- Two of the guys from
- the Malaysia meetings.
- 203
- 00:11:33,693 --> 00:11:35,987
- The San Diego guys.
- They took down Flight 77.
- 204
- 00:11:36,071 --> 00:11:37,364
- Pentagon.
- 205
- 00:11:37,447 --> 00:11:39,008
- The coordination that took place
- 206
- 00:11:39,032 --> 00:11:40,450
- to have two planes
- hit the towers...
- 207
- 00:11:40,534 --> 00:11:42,494
- Attention, everyone, please.
- 208
- 00:11:42,577 --> 00:11:44,830
- We have reason to believe
- the Counterterrorism Center
- 209
- 00:11:44,913 --> 00:11:46,415
- is a potential target.
- 210
- 00:11:46,498 --> 00:11:49,167
- We're asking all personnel
- to evacuate, immediately.
- 211
- 00:11:49,251 --> 00:11:51,229
- Jim Miklaszewski
- 212
- 00:11:51,253 --> 00:11:52,504
- there from the Pentagon.
- 213
- 00:11:52,587 --> 00:11:54,148
- Of course, the president
- has the authority
- 214
- 00:11:54,172 --> 00:11:56,633
- to scramble
- military, uh, forces,
- 215
- 00:11:56,716 --> 00:11:58,343
- and, uh, this is a case,
- obviously,
- 216
- 00:11:58,427 --> 00:12:01,012
- in which, uh, retaliation,
- if indeed it proves to be
- 217
- 00:12:01,096 --> 00:12:02,931
- a terrorist incident,
- 218
- 00:12:03,014 --> 00:12:04,534
- will be contemplated.
- 219
- 00:12:04,599 --> 00:12:06,619
- We also have to work, though,
- 220
- 00:12:06,643 --> 00:12:08,203
- sort of, the-the dark side,
- if you will.
- 221
- 00:12:08,228 --> 00:12:09,708
- We've got to spend time
- in the shadows
- 222
- 00:12:09,771 --> 00:12:11,606
- in-in the intelligence world.
- 223
- 00:12:11,690 --> 00:12:13,984
- Uh, a lot of
- what needs to be done here
- 224
- 00:12:14,067 --> 00:12:16,778
- will have to be done quietly,
- without any discussion...
- 225
- 00:12:16,862 --> 00:12:17,988
- Fucking warned them.
- 226
- 00:12:18,071 --> 00:12:20,449
- August 6th
- presidential briefing:
- 227
- 00:12:20,532 --> 00:12:22,451
- "Bin Ladin Determined
- to Strike in U.S."
- 228
- 00:12:22,534 --> 00:12:24,953
- - Flashing red lights.
- - And before that,
- 229
- 00:12:25,036 --> 00:12:27,164
- in July, what did we say?
- 230
- 00:12:27,247 --> 00:12:29,583
- "There will be
- significant terrorist attacks
- 231
- 00:12:29,666 --> 00:12:33,670
- against the United States in
- the weeks and months to come."
- 232
- 00:12:33,753 --> 00:12:35,172
- It's not your fault.
- 233
- 00:12:35,255 --> 00:12:38,842
- It is a mean, nasty, dangerous,
- uh, dirty business out there,
- 234
- 00:12:38,925 --> 00:12:41,303
- and we have to operate
- in that arena.
- 235
- 00:12:41,386 --> 00:12:43,430
- But we need to make certain
- that we have not
- 236
- 00:12:43,513 --> 00:12:46,725
- tied the hands, if you will,
- of our intelligence community.
- 237
- 00:12:46,808 --> 00:12:49,352
- Counterterrorism Director Black
- and I saw President Bush
- 238
- 00:12:49,436 --> 00:12:51,229
- at Camp David this weekend.
- 239
- 00:12:51,313 --> 00:12:53,565
- And the president gave me
- his word that there will be
- 240
- 00:12:53,648 --> 00:12:57,319
- no changes in CIA leadership as
- a result of Tuesday's attacks.
- 241
- 00:12:57,402 --> 00:12:59,070
- We will look forward now,
- 242
- 00:12:59,154 --> 00:13:02,532
- not waste time second-guessing
- or looking for blame.
- 243
- 00:13:02,616 --> 00:13:04,993
- Going forward, we will be
- the tip of the spear
- 244
- 00:13:05,076 --> 00:13:07,329
- in the battle against Al Qaeda.
- 245
- 00:13:07,412 --> 00:13:09,998
- As I said
- to the president, two weeks,
- 246
- 00:13:10,081 --> 00:13:13,126
- we'll have flies walking
- across Al Qaeda eyeballs.
- 247
- 00:13:13,210 --> 00:13:15,313
- I've asked Chief Counsel Rizzo
- here to walk us through
- 248
- 00:13:15,337 --> 00:13:17,506
- where we are from
- a legal standpoint.
- 249
- 00:13:17,589 --> 00:13:21,676
- The president has issued
- a memorandum of notification
- 250
- 00:13:21,760 --> 00:13:26,264
- giving CIA the power to capture
- and detain suspected terrorists
- 251
- 00:13:26,348 --> 00:13:27,766
- on the battlefield.
- 252
- 00:13:27,849 --> 00:13:29,726
- Detain them where?
- 253
- 00:13:29,809 --> 00:13:31,937
- Are we bringing them
- to the U.S.?
- 254
- 00:13:32,020 --> 00:13:34,147
- We're really not
- in the prison business
- 255
- 00:13:34,231 --> 00:13:36,399
- - over in Counterterrorism.
- - Look,
- 256
- 00:13:36,483 --> 00:13:39,110
- the budget for Counterterrorism
- last week was what?
- 257
- 00:13:39,194 --> 00:13:41,530
- $600 million?
- 258
- 00:13:41,613 --> 00:13:45,200
- The budget this week is
- whatever you need it to be.
- 259
- 00:13:45,283 --> 00:13:48,161
- And we are in whatever business
- it takes to get the job done.
- 260
- 00:13:49,329 --> 00:13:51,122
- Initially, CIA legal
- 261
- 00:13:51,206 --> 00:13:53,625
- stated that any facility used
- to hold detainees
- 262
- 00:13:53,708 --> 00:13:56,378
- had to meet the requirements
- of the U.S. Bureau of Prisons,
- 263
- 00:13:56,461 --> 00:13:57,605
- but then Deputy Director Pavitt
- 264
- 00:13:57,629 --> 00:13:58,981
- thought that was
- gonna be too limiting.
- 265
- 00:13:59,005 --> 00:14:01,007
- So, who came up
- with the black sites?
- 266
- 00:14:01,091 --> 00:14:02,092
- Not totally clear.
- 267
- 00:14:02,175 --> 00:14:03,760
- My guess is either
- 268
- 00:14:03,843 --> 00:14:06,555
- a senior officer
- at Counterterr... CTC,
- 269
- 00:14:06,638 --> 00:14:08,014
- or Alec Station bin Laden unit
- 270
- 00:14:08,098 --> 00:14:09,698
- decided black sites
- were the best option.
- 271
- 00:14:09,766 --> 00:14:12,686
- Well, did the CIA
- tell the State Department
- 272
- 00:14:12,769 --> 00:14:16,481
- they were making deals
- to hold people on foreign soil?
- 273
- 00:14:16,565 --> 00:14:19,609
- Where was Secretary of State
- Powell in all this?
- 274
- 00:14:19,693 --> 00:14:21,152
- Well, I found a memo.
- 275
- 00:14:21,236 --> 00:14:24,364
- The CIA's general counsel...
- 276
- 00:14:24,447 --> 00:14:26,116
- said the decision was made
- 277
- 00:14:26,199 --> 00:14:28,743
- not to tell Powell
- about the program,
- 278
- 00:14:28,827 --> 00:14:31,454
- because...
- 279
- 00:14:31,538 --> 00:14:33,039
- "He would blow his stack
- 280
- 00:14:33,123 --> 00:14:35,542
- if he were to be briefed
- on what was going on."
- 281
- 00:14:37,210 --> 00:14:39,421
- Well, who decided that?
- 282
- 00:14:39,504 --> 00:14:41,256
- Someone inside the White House.
- 283
- 00:14:41,339 --> 00:14:42,340
- Mm-hmm.
- 284
- 00:14:43,425 --> 00:14:45,760
- What about interrogations?
- 285
- 00:14:45,844 --> 00:14:47,596
- President Bush's memoranda
- 286
- 00:14:47,679 --> 00:14:49,681
- just authorized
- capturing and detaining.
- 287
- 00:14:49,764 --> 00:14:51,850
- It didn't say anything
- about interrogations.
- 288
- 00:14:51,933 --> 00:14:54,769
- And who gave them permission
- to play that role?
- 289
- 00:14:54,853 --> 00:14:58,732
- Nobody. It looks like
- it started with legal at CTC.
- 290
- 00:15:01,651 --> 00:15:04,255
- Do you want me to brief Senator McCain
- on this? I know he's interested.
- 291
- 00:15:04,279 --> 00:15:06,990
- The Republicans just
- pulled out of the study, Dan.
- 292
- 00:15:12,329 --> 00:15:14,414
- Good morning.
- 293
- 00:15:14,497 --> 00:15:16,458
- Where is everybody?
- 294
- 00:15:18,543 --> 00:15:21,129
- Attorney General Holder
- opened a criminal investigation
- 295
- 00:15:21,212 --> 00:15:22,589
- into the CIA.
- 296
- 00:15:22,672 --> 00:15:25,133
- As a result, the Agency
- won't allow any of their people
- 297
- 00:15:25,216 --> 00:15:26,760
- to be interviewed
- for our report.
- 298
- 00:15:26,843 --> 00:15:29,179
- The Republicans don't see
- how we can move forward,
- 299
- 00:15:29,262 --> 00:15:30,388
- so they're out.
- 300
- 00:15:31,931 --> 00:15:33,391
- So, does this mean we stop?
- 301
- 00:15:33,475 --> 00:15:35,185
- I mean, the committee
- voted to investigate.
- 302
- 00:15:35,268 --> 00:15:36,728
- The senator says we keep going.
- 303
- 00:15:36,811 --> 00:15:38,706
- But we can't actually talk
- to anyone who was involved
- 304
- 00:15:38,730 --> 00:15:40,899
- - in the program.
- - Right. According to CIA legal,
- 305
- 00:15:40,982 --> 00:15:43,443
- CIA personnel is
- only speaking to DOJ.
- 306
- 00:15:43,526 --> 00:15:45,028
- And is DOJ gonna
- share their findings?
- 307
- 00:15:45,111 --> 00:15:46,404
- I mean, can we work with them?
- 308
- 00:15:46,488 --> 00:15:47,882
- I've reached out
- to the special prosecutor.
- 309
- 00:15:47,906 --> 00:15:49,532
- I'm waiting to hear back.
- 310
- 00:15:49,616 --> 00:15:51,510
- Okay, but if nobody who
- actually worked on the program
- 311
- 00:15:51,534 --> 00:15:53,787
- is going to talk to us,
- how do we investigate?
- 312
- 00:15:53,870 --> 00:15:55,288
- So, we have the files,
- 313
- 00:15:55,372 --> 00:15:57,248
- their e-mails and cables,
- their memos.
- 314
- 00:15:57,332 --> 00:15:58,958
- We have to use
- their own communications
- 315
- 00:15:59,042 --> 00:16:00,251
- to tell the story.
- 316
- 00:16:00,335 --> 00:16:02,796
- Do you have any idea
- how hard that's gonna be?
- 317
- 00:16:02,879 --> 00:16:05,048
- The tapes investigation
- took two years, Dan,
- 318
- 00:16:05,131 --> 00:16:08,009
- and this is about a lot more
- than what was on the tapes.
- 319
- 00:16:08,093 --> 00:16:11,012
- Uh, we don't even know
- what this is.
- 320
- 00:16:11,096 --> 00:16:13,264
- Right, but we do know
- who it starts with.
- 321
- 00:16:13,348 --> 00:16:15,725
- We go one detainee at a time.
- 322
- 00:16:48,967 --> 00:16:49,967
- You speak English?
- 323
- 00:16:51,469 --> 00:16:53,179
- My name is Ali Soufan.
- I'm with the FBI.
- 324
- 00:16:53,263 --> 00:16:54,931
- You're under arrest.
- 325
- 00:16:55,014 --> 00:16:58,017
- - You understand?
- - No. Where are you taking me?
- 326
- 00:17:04,315 --> 00:17:06,860
- Your wound is infected.
- 327
- 00:17:06,943 --> 00:17:09,070
- But we're going to
- take good care of you.
- 328
- 00:17:13,992 --> 00:17:15,702
- I want to show you something.
- 329
- 00:17:23,501 --> 00:17:26,045
- He's talking to
- someone off-screen.
- 330
- 00:17:27,589 --> 00:17:30,341
- He's calling him Mukhtar.
- 331
- 00:17:30,425 --> 00:17:32,218
- You know who that is?
- 332
- 00:17:42,520 --> 00:17:44,397
- Mukhtar.
- 333
- 00:17:51,696 --> 00:17:54,199
- A man who lost his mind?
- 334
- 00:18:01,623 --> 00:18:03,208
- No, not him.
- 335
- 00:18:11,424 --> 00:18:13,092
- Khalid Sheikh Mohammed?
- 336
- 00:18:41,913 --> 00:18:43,832
- Abu Zubaydah confirmed
- that KSM is the leader
- 337
- 00:18:43,915 --> 00:18:46,668
- of all Al Qaeda operations
- outside of Afghanistan.
- 338
- 00:18:46,751 --> 00:18:48,044
- He trained the hijackers.
- 339
- 00:18:48,127 --> 00:18:49,629
- We're calling him
- the mastermind.
- 340
- 00:18:49,712 --> 00:18:51,256
- Outstanding.
- 341
- 00:18:51,339 --> 00:18:53,341
- Hats off to the bin Laden group.
- 342
- 00:18:53,424 --> 00:18:55,093
- Whichever one of
- your people did this,
- 343
- 00:18:55,176 --> 00:18:57,345
- I want to call them and
- congratulate them in person.
- 344
- 00:18:57,428 --> 00:18:59,347
- Who was it?
- 345
- 00:18:59,430 --> 00:19:01,266
- Wasn't our guy.
- 346
- 00:19:01,349 --> 00:19:03,184
- What? Who got it?
- 347
- 00:19:03,268 --> 00:19:05,937
- FBI is working Zubaydah.
- 348
- 00:19:06,020 --> 00:19:07,397
- An FBI guy got this?
- 349
- 00:19:07,480 --> 00:19:09,315
- Yes, Ali Soufan.
- 350
- 00:19:09,399 --> 00:19:11,234
- Uh, they used him
- in the Cole investigation.
- 351
- 00:19:11,317 --> 00:19:13,677
- He's part of their counterterrorism group.
- He speaks Arabic.
- 352
- 00:19:13,736 --> 00:19:16,364
- I don't care who speaks Arabic.
- 353
- 00:19:16,447 --> 00:19:19,117
- This is not just
- a criminal investigation.
- 354
- 00:19:19,200 --> 00:19:20,869
- We are gathering
- intelligence here.
- 355
- 00:19:20,952 --> 00:19:22,370
- That is what we do.
- 356
- 00:19:22,453 --> 00:19:24,706
- The FBI is looking at the past.
- 357
- 00:19:24,789 --> 00:19:26,958
- We need to stop attacks
- in the future.
- 358
- 00:19:27,041 --> 00:19:29,294
- I want CIA in the room
- with this guy, okay?
- 359
- 00:19:29,377 --> 00:19:32,338
- I want CIA
- in the room with Zubaydah.
- 360
- 00:19:32,422 --> 00:19:34,108
- So, who do we have
- who can work on him?
- 361
- 00:19:34,132 --> 00:19:35,652
- CIA runs sources,
- people who cooperate.
- 362
- 00:19:35,717 --> 00:19:37,135
- That's not these guys.
- 363
- 00:19:37,218 --> 00:19:39,387
- Every second we are not
- draining the detainee's brain,
- 364
- 00:19:39,470 --> 00:19:41,180
- we are rolling the dice.
- 365
- 00:19:41,264 --> 00:19:42,765
- We need our people in the room.
- 366
- 00:19:42,849 --> 00:19:45,727
- We need to be the ones
- asking the questions now.
- 367
- 00:19:45,810 --> 00:19:48,271
- I heard from someone
- over in Technical Services,
- 368
- 00:19:48,354 --> 00:19:50,106
- a woman named Miriam,
- 369
- 00:19:50,189 --> 00:19:52,817
- about a couple of
- Air Force psychologists
- 370
- 00:19:52,901 --> 00:19:56,237
- who came in and pitched a whole
- new approach to interrogations.
- 371
- 00:19:56,321 --> 00:19:58,615
- Jim Mitchell and Bruce Jessen.
- 372
- 00:19:58,698 --> 00:20:01,701
- Miriam says Mitchell
- has the special sauce.
- 373
- 00:20:03,453 --> 00:20:06,247
- Zubaydah didn't
- tell us everything,
- 374
- 00:20:06,331 --> 00:20:10,043
- because we stopped short
- of where we needed to go.
- 375
- 00:20:10,126 --> 00:20:15,757
- SERE stands for Survival,
- Evasion, Resistance and Escape.
- 376
- 00:20:15,840 --> 00:20:20,261
- It's a program to help prepare
- U.S. Special Forces
- 377
- 00:20:20,345 --> 00:20:22,639
- for whatever they might
- encounter if captured.
- 378
- 00:20:22,722 --> 00:20:26,142
- Now, I have over 14,000 hours
- 379
- 00:20:26,225 --> 00:20:28,895
- observing SERE
- interrogation techniques.
- 380
- 00:20:28,978 --> 00:20:30,980
- Bruce here has more than that...
- 381
- 00:20:31,064 --> 00:20:32,899
- Uh, observing, as opposed to...?
- 382
- 00:20:32,982 --> 00:20:35,944
- I took a course in conducting
- interrogations as well.
- 383
- 00:20:36,027 --> 00:20:38,821
- I worked with volunteers
- in actual simulations.
- 384
- 00:20:38,905 --> 00:20:41,908
- We feel we can reverse engineer
- 385
- 00:20:41,991 --> 00:20:45,828
- these SERE techniques
- to induce learned helplessness.
- 386
- 00:20:45,912 --> 00:20:47,830
- Can you explain what that means,
- 387
- 00:20:47,914 --> 00:20:49,874
- "reverse engineer"?
- 388
- 00:20:49,958 --> 00:20:51,918
- Instead of using
- these techniques
- 389
- 00:20:52,001 --> 00:20:53,670
- to protect our people,
- 390
- 00:20:53,753 --> 00:20:57,882
- we use them to achieve
- compliance in the detainees.
- 391
- 00:20:57,966 --> 00:21:01,177
- Our plan involves, uh,
- using individual assessments
- 392
- 00:21:01,260 --> 00:21:05,974
- of detainees to create
- a program designed to induce
- 393
- 00:21:06,057 --> 00:21:09,769
- debility, dependency and dread.
- 394
- 00:21:09,852 --> 00:21:12,981
- - We call these the three "D"s.
- - Three "D"s.
- 395
- 00:21:13,064 --> 00:21:15,066
- And there's science
- to back this up?
- 396
- 00:21:15,149 --> 00:21:16,693
- Oh, yes. Yes, sir.
- 397
- 00:21:16,776 --> 00:21:18,486
- Excuse me, Dr. Mitchell.
- 398
- 00:21:18,569 --> 00:21:21,531
- Can you elaborate on, uh, the
- techniques you'll be employing?
- 399
- 00:21:21,614 --> 00:21:23,032
- Absolutely.
- 400
- 00:21:25,118 --> 00:21:28,037
- The, uh, the attention grasp.
- 401
- 00:21:30,248 --> 00:21:31,874
- Walling.
- 402
- 00:21:31,958 --> 00:21:33,960
- Facial hold.
- 403
- 00:21:34,043 --> 00:21:38,297
- The facial slap or insult slap.
- 404
- 00:21:38,381 --> 00:21:40,299
- Cramped confinement.
- 405
- 00:21:41,843 --> 00:21:44,053
- Wall standing.
- 406
- 00:21:44,137 --> 00:21:47,223
- Stress positions.
- 407
- 00:21:47,306 --> 00:21:49,642
- Sleep deprivation.
- 408
- 00:21:49,726 --> 00:21:51,769
- Waterboarding.
- 409
- 00:21:51,853 --> 00:21:53,813
- Use of insects.
- 410
- 00:21:53,896 --> 00:21:56,399
- And mock burials.
- 411
- 00:21:59,777 --> 00:22:02,030
- Well, from my perspective,
- this seems like it could be
- 412
- 00:22:02,113 --> 00:22:05,033
- a potential game changer,
- but, of course...
- 413
- 00:22:05,116 --> 00:22:07,076
- it's up to Director Rodriguez.
- 414
- 00:22:07,160 --> 00:22:09,912
- I think if we're serious about
- stopping the next threat,
- 415
- 00:22:09,996 --> 00:22:11,831
- we need to put on
- our big boy pants
- 416
- 00:22:11,914 --> 00:22:13,708
- and provide the authorities
- these guys need.
- 417
- 00:22:13,791 --> 00:22:18,254
- These approaches might...
- raise some eyebrows at Defense.
- 418
- 00:22:18,337 --> 00:22:21,174
- Well, we're not at Defense.
- We're at the CIA.
- 419
- 00:22:21,257 --> 00:22:22,633
- Besides, you just said,
- 420
- 00:22:22,717 --> 00:22:24,677
- we use this SERE stuff
- on our guys all the time.
- 421
- 00:22:24,761 --> 00:22:26,763
- I don't see a problem.
- 422
- 00:22:26,846 --> 00:22:28,765
- Shortly after the CIA's decision
- 423
- 00:22:28,848 --> 00:22:30,975
- to engage Dr. Mitchell,
- Abu Zubaydah was moved
- 424
- 00:22:31,059 --> 00:22:33,269
- to a cell that was lit
- 24 hours a day.
- 425
- 00:22:33,352 --> 00:22:36,481
- Loud noise was fed into
- his cell to disrupt his sleep.
- 426
- 00:22:36,564 --> 00:22:38,441
- What about the guy
- who got him talking?
- 427
- 00:22:38,524 --> 00:22:40,151
- Ali Soufan?
- 428
- 00:22:40,234 --> 00:22:42,111
- Wait, he's FBI, not CIA.
- 429
- 00:22:42,195 --> 00:22:44,614
- So, we can ask him
- questions, right?
- 430
- 00:22:44,697 --> 00:22:47,075
- No rule against that.
- 431
- 00:22:47,158 --> 00:22:48,618
- We can try.
- 432
- 00:22:59,504 --> 00:23:01,839
- There's only
- one interrogation technique
- 433
- 00:23:01,923 --> 00:23:04,425
- Rapport building.
- 434
- 00:23:04,509 --> 00:23:07,261
- You get close to these guys,
- and they open up.
- 435
- 00:23:07,345 --> 00:23:09,222
- But the CIA didn't believe that.
- 436
- 00:23:09,305 --> 00:23:10,890
- Just look at Abu Zubaydah.
- 437
- 00:23:10,973 --> 00:23:13,101
- Well, you got him to talk.
- How'd you do that?
- 438
- 00:23:13,184 --> 00:23:16,270
- I walked in one day and
- played him a tape of himself.
- 439
- 00:23:16,354 --> 00:23:18,689
- Most of it was
- of a phone conversation.
- 440
- 00:23:18,773 --> 00:23:20,233
- Uh, we had tapped his phones.
- 441
- 00:23:20,316 --> 00:23:22,652
- But he forgot to hang up
- at the end of the call,
- 442
- 00:23:22,735 --> 00:23:25,571
- so we had all this
- background noise of his house.
- 443
- 00:23:25,655 --> 00:23:27,573
- Then my partner walked in
- 444
- 00:23:27,657 --> 00:23:30,118
- with a big box
- full of cassette tapes.
- 445
- 00:23:30,201 --> 00:23:32,370
- We told him we had bugged
- his safe house;
- 446
- 00:23:32,453 --> 00:23:34,038
- we had been listening
- for months;
- 447
- 00:23:34,122 --> 00:23:36,707
- we knew everything,
- so lying was pointless.
- 448
- 00:23:36,791 --> 00:23:38,751
- He looked at
- the box full of tapes and...
- 449
- 00:23:38,835 --> 00:23:40,211
- And all-all the tapes
- were blank.
- 450
- 00:23:40,294 --> 00:23:43,005
- Of course they were.
- But he didn't know that.
- 451
- 00:23:43,089 --> 00:23:45,049
- So, he talked.
- 452
- 00:23:45,133 --> 00:23:48,553
- Uh, what happened when
- the contractors showed up?
- 453
- 00:23:49,720 --> 00:23:51,472
- Who the fuck is this?
- 454
- 00:23:51,556 --> 00:23:53,492
- Dr. Mitchell
- is an Air Force psychologist,
- 455
- 00:23:53,516 --> 00:23:55,643
- and he's developed
- a new method of interrogation.
- 456
- 00:23:55,726 --> 00:23:57,246
- Why-why do we need a new method?
- 457
- 00:23:57,270 --> 00:23:59,188
- He's not telling you everything.
- 458
- 00:23:59,272 --> 00:24:01,399
- We think he knows more.
- 459
- 00:24:01,482 --> 00:24:02,733
- We put him at number three
- 460
- 00:24:02,817 --> 00:24:04,360
- or number four
- in Al Qaeda leadership.
- 461
- 00:24:04,443 --> 00:24:05,546
- He probably knows the next move.
- 462
- 00:24:05,570 --> 00:24:07,864
- Do you speak Arabic, Jim?
- Does Gary here?
- 463
- 00:24:07,947 --> 00:24:09,198
- Don't need to.
- 464
- 00:24:10,908 --> 00:24:12,535
- C-Can I ask you something?
- 465
- 00:24:12,618 --> 00:24:16,873
- Have you ever interrogated
- any sort of extremist before?
- 466
- 00:24:16,956 --> 00:24:19,959
- - Know much about Al Qaeda?
- - No.
- 467
- 00:24:20,042 --> 00:24:22,628
- Have you ever interrogated
- any sort of terrorist before?
- 468
- 00:24:22,712 --> 00:24:26,132
- - No.
- - Any sort of criminal?
- 469
- 00:24:26,215 --> 00:24:27,592
- No.
- 470
- 00:24:27,675 --> 00:24:30,344
- Have you ever interrogated
- anyone before?
- 471
- 00:24:30,428 --> 00:24:31,679
- It's not important.
- 472
- 00:24:31,762 --> 00:24:35,808
- He's a human;
- I'm a psychologist.
- 473
- 00:24:35,892 --> 00:24:37,643
- He knows a secret,
- 474
- 00:24:37,727 --> 00:24:42,190
- and I'm gonna get him
- to tell that secret to Gary.
- 475
- 00:24:42,273 --> 00:24:44,554
- What-what are you going
- to do to him that isn't...
- 476
- 00:24:44,609 --> 00:24:46,861
- What am I gonna do?
- 477
- 00:24:46,944 --> 00:24:48,571
- What is Jim gonna do?
- 478
- 00:24:48,654 --> 00:24:51,908
- Jim's gonna do what works.
- 479
- 00:24:53,993 --> 00:24:55,995
- Let's go, shitbird!
- 480
- 00:25:00,082 --> 00:25:01,876
- Move it, asshole!
- 481
- 00:25:03,336 --> 00:25:04,879
- Help! Please!
- 482
- 00:25:21,270 --> 00:25:23,064
- You can't just shave
- a Muslim man.
- 483
- 00:25:23,147 --> 00:25:24,267
- Do you know what that means?
- 484
- 00:25:24,315 --> 00:25:26,525
- He's going to shut down.
- 485
- 00:25:26,609 --> 00:25:29,153
- Got to humiliate him,
- right off the bat.
- 486
- 00:25:29,237 --> 00:25:31,113
- Same reason
- we took away his clothes.
- 487
- 00:25:31,197 --> 00:25:32,740
- Why the loud music?
- 488
- 00:25:32,823 --> 00:25:34,575
- Sleep deprivation.
- 489
- 00:25:34,659 --> 00:25:37,245
- We stop the music
- when he starts talking.
- 490
- 00:25:37,328 --> 00:25:38,913
- Then he can sleep.
- 491
- 00:25:38,996 --> 00:25:40,581
- Tired people tell the truth?
- 492
- 00:25:40,665 --> 00:25:42,708
- Learned helplessness.
- 493
- 00:25:42,792 --> 00:25:45,836
- You're familiar with
- Dr. Martin Seligman?
- 494
- 00:25:45,920 --> 00:25:48,381
- Seligman did
- an experiment with dogs.
- 495
- 00:25:48,464 --> 00:25:50,299
- He put them in a cage
- 496
- 00:25:50,383 --> 00:25:52,927
- with a barrier
- running down the middle.
- 497
- 00:25:53,010 --> 00:25:54,637
- And one side of the cage
- was electrified
- 498
- 00:25:54,720 --> 00:25:56,264
- and the other wasn't.
- 499
- 00:25:56,347 --> 00:25:58,140
- At first,
- when he shocked the dogs,
- 500
- 00:25:58,224 --> 00:26:00,142
- they'd jump over the barrier
- to get away.
- 501
- 00:26:00,226 --> 00:26:02,436
- And then
- he electrified both sides.
- 502
- 00:26:04,021 --> 00:26:05,439
- There was no escape.
- 503
- 00:26:07,024 --> 00:26:09,402
- No belief they could
- change anything.
- 504
- 00:26:09,485 --> 00:26:13,489
- He'd open the door to the cage,
- they wouldn't even leave.
- 505
- 00:26:13,572 --> 00:26:15,032
- It's learned helplessness.
- 506
- 00:26:15,116 --> 00:26:17,076
- That's what we're
- gonna instill in this man.
- 507
- 00:26:17,159 --> 00:26:18,869
- You'll see.
- 508
- 00:26:25,001 --> 00:26:27,628
- A coffin? You're gonna kill him?
- 509
- 00:26:27,712 --> 00:26:29,922
- Let's call it a confinement box.
- 510
- 00:26:30,006 --> 00:26:32,758
- I got this one,
- and I got a smaller one.
- 511
- 00:26:32,842 --> 00:26:35,511
- And you're gonna
- put him in there?
- 512
- 00:26:35,594 --> 00:26:40,599
- With these, which, based on
- my evaluation, he hates.
- 513
- 00:26:40,683 --> 00:26:42,393
- Are you out of your mind?
- 514
- 00:26:43,394 --> 00:26:44,979
- We don't do this.
- 515
- 00:26:45,062 --> 00:26:46,522
- You know this is
- against the law.
- 516
- 00:26:46,605 --> 00:26:49,150
- The most senior people
- have signed off on it.
- 517
- 00:26:49,233 --> 00:26:50,735
- We're putting him on trial.
- 518
- 00:26:50,818 --> 00:26:52,903
- How are we gonna build
- a case against him?
- 519
- 00:26:54,113 --> 00:26:56,615
- Who says he's getting a trial?
- 520
- 00:26:58,492 --> 00:27:01,620
- I wanted to arrest him
- right there on the spot.
- 521
- 00:27:01,704 --> 00:27:04,123
- - I told the Bureau that.
- - What'd they say?
- 522
- 00:27:04,206 --> 00:27:06,000
- They briefed Director Mueller,
- 523
- 00:27:06,083 --> 00:27:09,170
- and told me to get the hell
- out of there, so I did.
- 524
- 00:27:09,253 --> 00:27:11,964
- - When was that?
- - Late May, mid-May or...
- 525
- 00:27:12,048 --> 00:27:14,592
- 'Cause I'm finding records
- that say that Mitchell left
- 526
- 00:27:14,675 --> 00:27:16,552
- a little while later,
- early June,
- 527
- 00:27:16,635 --> 00:27:20,181
- for R & R and some meetings
- at headquarters.
- 528
- 00:27:20,264 --> 00:27:22,850
- But we had one
- high-value detainee in custody,
- 529
- 00:27:22,933 --> 00:27:24,435
- Abu Zubaydah.
- 530
- 00:27:24,518 --> 00:27:27,063
- And after Mitchell left,
- the CIA put him in isolation,
- 531
- 00:27:27,146 --> 00:27:29,815
- and didn't ask him
- a single question for 47 days.
- 532
- 00:27:31,567 --> 00:27:33,527
- Are you fucking kidding me?
- 533
- 00:27:33,611 --> 00:27:35,738
- The whole country was
- on red alert that summer.
- 534
- 00:27:35,821 --> 00:27:37,740
- If they were so concerned
- about the next attack,
- 535
- 00:27:37,823 --> 00:27:39,092
- why'd they stop
- asking questions?
- 536
- 00:27:39,116 --> 00:27:40,396
- Right, it doesn't
- make any sense.
- 537
- 00:27:40,451 --> 00:27:42,453
- Once the psychologist showed up,
- 538
- 00:27:42,536 --> 00:27:44,205
- almost nothing did anymore.
- 539
- 00:27:51,462 --> 00:27:53,631
- The CIA said
- Zubaydah was involved
- 540
- 00:27:53,714 --> 00:27:55,758
- in every major
- terrorist operation
- 541
- 00:27:55,841 --> 00:27:57,134
- carried out by Al Qaeda.
- 542
- 00:27:57,218 --> 00:27:58,636
- They told the president
- 543
- 00:27:58,719 --> 00:28:00,238
- he was number three or four
- in the organization.
- 544
- 00:28:00,262 --> 00:28:02,723
- Yes, that was
- my understanding as well.
- 545
- 00:28:02,807 --> 00:28:04,975
- And the claim that
- Zubaydah was a major player
- 546
- 00:28:05,059 --> 00:28:07,499
- was the main justification they
- gave to the Justice Department
- 547
- 00:28:07,561 --> 00:28:09,021
- for needing to go harder.
- 548
- 00:28:09,105 --> 00:28:10,916
- They were certain
- he knew about the next attack.
- 549
- 00:28:10,940 --> 00:28:12,566
- But last night I found this.
- 550
- 00:28:13,984 --> 00:28:16,487
- Turns out Zubaydah wasn't three
- or four in the organization.
- 551
- 00:28:16,570 --> 00:28:18,823
- He wasn't part of
- Al Qaeda leadership at all.
- 552
- 00:28:18,906 --> 00:28:20,950
- They only had one source
- calling him that,
- 553
- 00:28:21,033 --> 00:28:23,327
- and that source later admitted
- he was lying.
- 554
- 00:28:23,411 --> 00:28:26,080
- So, they exaggerated who he was
- 555
- 00:28:26,163 --> 00:28:28,707
- to the president
- and the Department of Justice
- 556
- 00:28:28,791 --> 00:28:32,128
- in order to get legal approvals
- for these new techniques?
- 557
- 00:28:32,211 --> 00:28:33,671
- Is that what you're saying?
- 558
- 00:28:33,754 --> 00:28:36,424
- I think that's a possibility.
- 559
- 00:28:36,507 --> 00:28:38,217
- The program
- really starts with him.
- 560
- 00:28:42,930 --> 00:28:45,224
- Have you guys
- used this thing before?
- 561
- 00:28:45,307 --> 00:28:47,476
- The waterboard?
- 562
- 00:28:47,560 --> 00:28:49,270
- No, it's a Navy thing.
- 563
- 00:28:49,353 --> 00:28:51,063
- But we watched a video.
- 564
- 00:28:51,147 --> 00:28:52,648
- We tested it on each other,
- 565
- 00:28:52,731 --> 00:28:55,276
- just to get a feel
- for the experience.
- 566
- 00:28:55,359 --> 00:28:57,027
- Is it safe?
- 567
- 00:28:58,612 --> 00:28:59,864
- Yes.
- 568
- 00:29:07,371 --> 00:29:09,457
- <i>♪ Monarch to the kingdom
- of the dead... ♪</i>
- 569
- 00:29:11,417 --> 00:29:14,044
- Who are
- the operatives inside the U.S.?
- 570
- 00:29:14,128 --> 00:29:15,504
- I don't know!
- 571
- 00:29:15,588 --> 00:29:17,965
- <i>♪ Infamous... ♪</i>
- 572
- 00:29:20,134 --> 00:29:21,677
- When is the next attack?
- 573
- 00:29:21,760 --> 00:29:22,761
- I don't know.
- 574
- 00:29:31,395 --> 00:29:35,608
- One, two, three, four, five,
- 575
- 00:29:35,691 --> 00:29:40,237
- six, seven, eight, nine, 10, 11,
- 576
- 00:29:40,321 --> 00:29:42,948
- 12, 13, 14,
- 577
- 00:29:43,032 --> 00:29:46,452
- 15, 16, 17, 18,
- 578
- 00:29:46,535 --> 00:29:50,039
- 19, 20, 21, 22,
- 579
- 00:29:50,122 --> 00:29:54,835
- 23, 24, 25, 26.
- 580
- 00:30:01,842 --> 00:30:04,553
- When is the next attack?
- 581
- 00:30:04,637 --> 00:30:07,473
- Who are the operatives
- inside the U.S.?
- 582
- 00:30:11,894 --> 00:30:13,854
- Anything in that bag
- contain the real names
- 583
- 00:30:13,938 --> 00:30:16,148
- of CIA officers,
- assets or partners,
- 584
- 00:30:16,232 --> 00:30:18,609
- or any information that would
- violate the agreement between
- 585
- 00:30:18,692 --> 00:30:21,570
- the Central Intelligence Agency
- and the United States Senate?
- 586
- 00:30:21,654 --> 00:30:23,489
- - All good.
- - All right, good night.
- 587
- 00:30:23,572 --> 00:30:25,241
- - Have a good night, Jay.
- - Get home safe.
- 588
- 00:30:25,324 --> 00:30:27,409
- Good night.
- 589
- 00:30:42,883 --> 00:30:45,052
- Dan Jones?
- 590
- 00:30:48,264 --> 00:30:49,723
- Do I know you?
- 591
- 00:30:49,807 --> 00:30:51,892
- No, but I think I can help you.
- 592
- 00:30:51,976 --> 00:30:54,937
- - Help-help me with what?
- - The EIT program.
- 593
- 00:30:55,020 --> 00:30:57,106
- That's what you're
- looking into, isn't it?
- 594
- 00:30:59,775 --> 00:31:03,153
- I need to know
- I won't be named, anywhere.
- 595
- 00:31:03,237 --> 00:31:05,030
- I'm still with the Agency.
- 596
- 00:31:05,114 --> 00:31:08,701
- My even being here with you,
- talking, is...
- 597
- 00:31:12,496 --> 00:31:13,872
- What was your involvement?
- 598
- 00:31:13,956 --> 00:31:17,543
- Office of Medical Services,
- black sites.
- 599
- 00:31:17,626 --> 00:31:20,713
- - So, you're a doctor?
- - Physician's assistant.
- 600
- 00:31:20,796 --> 00:31:22,339
- The American Medical Association
- 601
- 00:31:22,423 --> 00:31:23,882
- won't allow doctors
- to be involved.
- 602
- 00:31:23,966 --> 00:31:26,302
- Do no harm.
- 603
- 00:31:26,385 --> 00:31:28,554
- We're the next best thing.
- 604
- 00:31:28,637 --> 00:31:31,223
- I was there
- when the contractors arrived.
- 605
- 00:31:33,309 --> 00:31:35,686
- They made tapes of the
- Abu Zubaydah interrogations,
- 606
- 00:31:35,769 --> 00:31:37,187
- but there's a 21-hour period
- 607
- 00:31:37,271 --> 00:31:39,231
- where the transcripts
- are missing... nothing.
- 608
- 00:31:39,315 --> 00:31:41,025
- They were using the waterboard.
- 609
- 00:31:41,108 --> 00:31:43,027
- Zubaydah lost consciousness.
- 610
- 00:31:43,110 --> 00:31:45,279
- He was choking to death,
- drowning.
- 611
- 00:31:45,362 --> 00:31:47,156
- Not just thinking
- he was drowning,
- 612
- 00:31:47,239 --> 00:31:48,991
- he was actually
- fucking drowning.
- 613
- 00:31:50,909 --> 00:31:52,661
- I was told that the waterboard
- 614
- 00:31:52,745 --> 00:31:54,913
- was only gonna be used
- as a last resort.
- 615
- 00:31:54,997 --> 00:31:57,249
- The contractors did
- an assessment of the prisoner,
- 616
- 00:31:57,333 --> 00:31:59,460
- - and they made a call...
- - What kind of assessment?
- 617
- 00:31:59,543 --> 00:32:01,378
- Th-They bounced him
- off the walls a few times
- 618
- 00:32:01,462 --> 00:32:03,964
- and then strapped him down and
- poured water down his throat.
- 619
- 00:32:04,048 --> 00:32:05,966
- We understand this is
- a different approach,
- 620
- 00:32:06,050 --> 00:32:08,218
- - but it's based on science.
- - Science?
- 621
- 00:32:08,302 --> 00:32:09,928
- Oh, come on. What science?
- 622
- 00:32:10,012 --> 00:32:12,157
- - Have you seen their science?
- - They believe the waterboard
- 623
- 00:32:12,181 --> 00:32:13,575
- is working here
- to create compliance.
- 624
- 00:32:13,599 --> 00:32:14,850
- Well, of course they do.
- 625
- 00:32:14,933 --> 00:32:17,019
- They're the ones who get
- to decide when it's used.
- 626
- 00:32:17,102 --> 00:32:19,772
- And they're also the ones who
- get to decide if it's working.
- 627
- 00:32:19,855 --> 00:32:21,440
- How is that even ethical?
- 628
- 00:32:21,523 --> 00:32:23,609
- The people we're dealing with
- weaponized daily life.
- 629
- 00:32:23,692 --> 00:32:26,153
- Would you like to talk about
- the ethics of that?
- 630
- 00:32:27,071 --> 00:32:28,405
- We're here to make sure
- 631
- 00:32:28,489 --> 00:32:30,949
- that nothing like that
- ever happens again.
- 632
- 00:32:31,033 --> 00:32:32,451
- They're training their people
- 633
- 00:32:32,534 --> 00:32:33,845
- to resist
- traditional interrogations
- 634
- 00:32:33,869 --> 00:32:35,149
- in the back of a cave somewhere.
- 635
- 00:32:35,204 --> 00:32:37,456
- So we need to change
- our approach
- 636
- 00:32:37,539 --> 00:32:41,627
- before another bomb goes off
- or another building falls down.
- 637
- 00:32:41,710 --> 00:32:43,295
- Okay, okay.
- 638
- 00:32:43,379 --> 00:32:47,132
- What is gonna happen when one
- of our soldiers gets captured
- 639
- 00:32:47,216 --> 00:32:49,885
- and takes out a card with
- the Geneva Convention on it
- 640
- 00:32:49,968 --> 00:32:52,346
- and wants to be treated
- like a human being?
- 641
- 00:32:52,429 --> 00:32:54,973
- You think his captors
- aren't gonna remember
- 642
- 00:32:55,057 --> 00:32:56,975
- the way these people
- were treated here?
- 643
- 00:32:57,059 --> 00:33:00,062
- - And for what?
- - Do you have a kid at home?
- 644
- 00:33:02,898 --> 00:33:05,818
- We're not gonna get beat again.
- 645
- 00:33:05,901 --> 00:33:07,152
- Besides the chief of station,
- 646
- 00:33:07,236 --> 00:33:09,446
- did you report your concerns
- up the chain of command?
- 647
- 00:33:09,530 --> 00:33:12,199
- We got a cable from
- Director Rodriguez
- 648
- 00:33:12,282 --> 00:33:15,327
- telling us to stop putting
- our objections in writing.
- 649
- 00:33:15,411 --> 00:33:17,579
- No paper trail.
- 650
- 00:33:17,663 --> 00:33:20,833
- I told them if they were gonna
- keep using the new techniques,
- 651
- 00:33:20,916 --> 00:33:22,751
- I wanted out.
- 652
- 00:33:22,835 --> 00:33:25,504
- I wasn't the only one.
- Guys were choking up.
- 653
- 00:33:28,006 --> 00:33:30,551
- It's all in the e-mails.
- 654
- 00:33:34,930 --> 00:33:37,057
- As early as November 2001,
- 655
- 00:33:37,141 --> 00:33:40,144
- the CIA's legal team
- circulated a memorandum
- 656
- 00:33:40,227 --> 00:33:41,770
- describing a novel legal defense
- 657
- 00:33:41,854 --> 00:33:44,106
- for their officers
- who might engage in torture.
- 658
- 00:33:44,189 --> 00:33:46,734
- Come on. They actually
- called it torture?
- 659
- 00:33:46,817 --> 00:33:48,277
- The CIA?
- 660
- 00:33:48,360 --> 00:33:50,404
- They just forgot
- we have laws against that?
- 661
- 00:33:50,487 --> 00:33:52,781
- Yes, sir.
- Mitchell and Jessen renamed it
- 662
- 00:33:52,865 --> 00:33:54,742
- "enhanced interrogation"
- to help sell it,
- 663
- 00:33:54,825 --> 00:33:56,618
- but the Agency was
- talking about doing it
- 664
- 00:33:56,702 --> 00:33:58,328
- before they even had
- a single detainee.
- 665
- 00:33:59,621 --> 00:34:01,790
- How did the CIA know
- 666
- 00:34:01,874 --> 00:34:03,667
- they needed to torture prisoners
- 667
- 00:34:03,751 --> 00:34:05,878
- before they even had one?
- 668
- 00:34:05,961 --> 00:34:07,796
- That didn't come from
- Cheney and Addington?
- 669
- 00:34:07,880 --> 00:34:09,757
- Seems like it happened
- the other way around.
- 670
- 00:34:09,840 --> 00:34:12,760
- The CIA took it
- to the Bush White House
- 671
- 00:34:12,843 --> 00:34:14,803
- and John Yoo at
- the Office of Legal Counsel.
- 672
- 00:34:14,887 --> 00:34:16,472
- So, here's where we're at.
- 673
- 00:34:16,555 --> 00:34:19,808
- The crime of torture,
- as described in Section 2340,
- 674
- 00:34:19,892 --> 00:34:23,479
- requires that the defendant...
- In this case, an interrogator...
- 675
- 00:34:23,562 --> 00:34:26,690
- Intends to cause
- severe pain or suffering.
- 676
- 00:34:26,774 --> 00:34:29,693
- But in this case, that's not
- the interrogator's intent.
- 677
- 00:34:29,777 --> 00:34:32,946
- Right. The intent is to gain
- intel, save American lives.
- 678
- 00:34:33,030 --> 00:34:35,783
- But, John,
- what if the techniques
- 679
- 00:34:35,866 --> 00:34:37,534
- the interrogator employs
- do nonetheless
- 680
- 00:34:37,618 --> 00:34:39,161
- cause pain and suffering?
- 681
- 00:34:39,244 --> 00:34:40,788
- How do we deal with that?
- 682
- 00:34:40,871 --> 00:34:43,874
- Well, the key phrase is
- "severe pain or suffering."
- 683
- 00:34:43,957 --> 00:34:46,460
- But 2340 never actually defines
- the term "severe."
- 684
- 00:34:46,543 --> 00:34:49,630
- We found this definition
- in a Medicare statute.
- 685
- 00:34:51,423 --> 00:34:55,427
- "Acute symptoms that place the
- individual in serious jeopardy
- 686
- 00:34:55,511 --> 00:34:57,721
- - "and are hard to endure."
- - Meaning?
- 687
- 00:34:57,805 --> 00:35:00,015
- To constitute torture,
- 688
- 00:35:00,098 --> 00:35:04,728
- the damage done must rise
- to the level of organ failure,
- 689
- 00:35:04,812 --> 00:35:09,024
- impairment of bodily function,
- or death.
- 690
- 00:35:09,107 --> 00:35:11,568
- So, basically, if someone dies,
- we're doing it wrong?
- 691
- 00:35:11,652 --> 00:35:13,570
- If the president
- deemed it necessary
- 692
- 00:35:13,654 --> 00:35:16,532
- to... crush the testicles
- of a child
- 693
- 00:35:16,615 --> 00:35:18,617
- to stop a plane
- from crashing into a building,
- 694
- 00:35:18,700 --> 00:35:19,993
- to save American lives,
- 695
- 00:35:20,077 --> 00:35:22,955
- there is no law or treaty
- that could stop him.
- 696
- 00:35:23,038 --> 00:35:25,749
- I can make the same argument for
- 697
- 00:35:25,833 --> 00:35:29,044
- gouging out a prisoner's eyes
- or dousing him with acid.
- 698
- 00:35:30,128 --> 00:35:31,505
- In our opinion,
- 699
- 00:35:31,588 --> 00:35:36,802
- if it provides unique
- intelligence that saves lives,
- 700
- 00:35:36,885 --> 00:35:39,012
- and doesn't cause
- any lasting harm,
- 701
- 00:35:39,096 --> 00:35:41,223
- then it's legal
- for the president to order it.
- 702
- 00:35:41,306 --> 00:35:43,433
- What do we mean
- when we say "unique"?
- 703
- 00:35:43,517 --> 00:35:46,144
- Intelligence that couldn't have
- been obtained any other way.
- 704
- 00:35:48,981 --> 00:35:51,358
- And you've discussed all of this
- 705
- 00:35:51,441 --> 00:35:53,235
- with the White House, I assume?
- 706
- 00:35:53,318 --> 00:35:54,695
- And?
- 707
- 00:35:54,778 --> 00:35:57,614
- Did they tell Bush what
- they were gonna do to Zubaydah?
- 708
- 00:35:57,698 --> 00:35:59,634
- - No.
- - And National Security Advisor Rice...
- 709
- 00:35:59,658 --> 00:36:01,761
- - Where was she in all this?
- - National Security Advisor Rice
- 710
- 00:36:01,785 --> 00:36:04,204
- was told about the program,
- but she was also told
- 711
- 00:36:04,288 --> 00:36:06,665
- the president
- would not be briefed.
- 712
- 00:36:06,748 --> 00:36:08,792
- Who tells the president's
- national security advisor
- 713
- 00:36:08,876 --> 00:36:10,836
- not to brief the president?
- 714
- 00:36:12,337 --> 00:36:14,756
- Cheney and Addington.
- 715
- 00:36:14,840 --> 00:36:18,260
- According to CIA records, Bush
- wasn't told about the program
- 716
- 00:36:18,343 --> 00:36:23,223
- until April of 2006,
- four years later.
- 717
- 00:36:27,561 --> 00:36:29,229
- And the records we found state
- 718
- 00:36:29,313 --> 00:36:32,816
- that when the president was
- finally told about the program,
- 719
- 00:36:32,900 --> 00:36:36,236
- he expressed discomfort
- with the image of a detainee
- 720
- 00:36:36,320 --> 00:36:37,920
- chained to the ceiling,
- wearing a diaper,
- 721
- 00:36:37,988 --> 00:36:40,616
- and forced to go
- to the bathroom on himself.
- 722
- 00:36:40,699 --> 00:36:44,578
- How long till you can
- get this thing done, Dan?
- 723
- 00:36:44,661 --> 00:36:46,663
- We've got to get this out.
- 724
- 00:36:52,085 --> 00:36:54,796
- What about this guy, Gul Rahman?
- 725
- 00:36:54,880 --> 00:36:57,341
- Captured in Peshawar,
- November 2002.
- 726
- 00:36:57,424 --> 00:37:00,594
- He's not at Gitmo.
- He's-he's not anywhere.
- 727
- 00:37:06,141 --> 00:37:07,893
- Gul Rahman.
- 728
- 00:37:07,976 --> 00:37:09,728
- Gul...
- 729
- 00:37:09,811 --> 00:37:12,606
- No. They didn't tell
- the committee about him.
- 730
- 00:37:12,689 --> 00:37:15,275
- He's detainee number 24.
- 731
- 00:37:21,239 --> 00:37:22,783
- HQ says he knows
- 732
- 00:37:22,866 --> 00:37:25,786
- operational detail
- about Al Qaeda.
- 733
- 00:37:25,869 --> 00:37:27,496
- The guy's an asshole.
- 734
- 00:37:27,579 --> 00:37:30,207
- Threw his food at us, he
- threatened to kill the guards.
- 735
- 00:37:30,290 --> 00:37:34,169
- I've asked headquarters
- to approve the application
- 736
- 00:37:34,252 --> 00:37:36,964
- of the enhanced measures
- for this detainee,
- 737
- 00:37:37,047 --> 00:37:38,715
- and the request
- has been approved.
- 738
- 00:37:38,799 --> 00:37:42,219
- - Oh, great. We haven't had any luck loosening him up.
- - Mm.
- 739
- 00:37:42,302 --> 00:37:43,845
- Come on!
- 740
- 00:37:43,929 --> 00:37:45,448
- Ran him up and down the hall,
- 741
- 00:37:45,472 --> 00:37:47,849
- beat the crap out of him...
- Nothing.
- 742
- 00:37:47,933 --> 00:37:52,229
- Even been trying this thing
- they call short shackling.
- 743
- 00:37:52,312 --> 00:37:54,564
- Chain a dude's hands
- to a bolt on the floor.
- 744
- 00:37:56,316 --> 00:37:58,777
- Then you chain his feet
- to the same bolt.
- 745
- 00:37:58,860 --> 00:38:01,571
- Farmers call it hog-tying,
- I think.
- 746
- 00:38:01,655 --> 00:38:04,116
- He finally admitted
- to something.
- 747
- 00:38:04,199 --> 00:38:05,450
- What was that?
- 748
- 00:38:05,534 --> 00:38:09,621
- Gul Rahman.
- 749
- 00:38:11,915 --> 00:38:17,337
- What you want to do first is
- take away his sense of control.
- 750
- 00:38:17,421 --> 00:38:19,840
- If you like, I could spend
- some time showing you
- 751
- 00:38:19,923 --> 00:38:23,010
- how to achieve this
- with the enhanced techniques.
- 752
- 00:38:24,594 --> 00:38:25,887
- Great.
- 753
- 00:38:25,971 --> 00:38:29,141
- We got another 30 guys here
- to deal with.
- 754
- 00:38:30,934 --> 00:38:34,604
- I heard you told the doctor
- you were cold.
- 755
- 00:38:37,858 --> 00:38:39,234
- <i>♪ The beautiful people ♪</i>
- 756
- 00:38:39,317 --> 00:38:41,194
- - ♪</i> The beautiful people ♪</i>
- - ♪</i> Ah ♪</i>
- 757
- 00:38:41,278 --> 00:38:42,779
- <i>♪ The beautiful people ♪</i>
- 758
- 00:38:42,863 --> 00:38:44,343
- - ♪</i> The beautiful people ♪</i>
- - ♪</i> Ah... ♪</i>
- 759
- 00:38:53,081 --> 00:38:55,417
- Senator, do you have
- a few minutes this morning?
- 760
- 00:38:55,500 --> 00:38:58,295
- Absolutely. Come on in, Dan.
- 761
- 00:38:58,378 --> 00:39:00,964
- The senator is
- needed on the floor for a vote.
- 762
- 00:39:01,048 --> 00:39:02,883
- Uh, give her five minutes.
- 763
- 00:39:04,551 --> 00:39:06,928
- Did you sleep last night, Dan?
- 764
- 00:39:10,057 --> 00:39:12,309
- Uh, Senator, a prisoner died.
- 765
- 00:39:12,392 --> 00:39:14,078
- <i>♪ There's no time ♪</i>
- 766
- 00:39:14,102 --> 00:39:16,772
- <i>♪ To discriminate,
- hate every motherfucker ♪</i>
- 767
- 00:39:16,855 --> 00:39:18,065
- <i>♪ That's in your... ♪</i>
- 768
- 00:39:18,148 --> 00:39:20,609
- Gul Rahman.
- 769
- 00:39:20,692 --> 00:39:23,070
- They thought he was maybe
- working for an Afghan warlord
- 770
- 00:39:23,153 --> 00:39:24,988
- or that he knew something
- about an attack.
- 771
- 00:39:25,072 --> 00:39:26,865
- - Did he?
- - No, he died before they found out
- 772
- 00:39:26,948 --> 00:39:28,825
- anything besides his name.
- 773
- 00:39:28,909 --> 00:39:30,410
- Dumped cold water on him
- one night
- 774
- 00:39:30,494 --> 00:39:32,412
- and found him dead in his cell
- in the morning.
- 775
- 00:39:32,496 --> 00:39:33,997
- The autopsy said hypothermia.
- 776
- 00:39:34,081 --> 00:39:37,250
- - Where did you get this from?
- - Inspector general's report.
- 777
- 00:39:37,334 --> 00:39:41,713
- CIA did their own investigation
- into the death of Gul Rahman.
- 778
- 00:39:43,882 --> 00:39:45,592
- The officer in charge
- was recommended
- 779
- 00:39:45,675 --> 00:39:47,260
- for a performance bonus.
- 780
- 00:39:47,344 --> 00:39:48,595
- They promoted him.
- 781
- 00:39:48,678 --> 00:39:50,680
- He's still out there
- in the field.
- 782
- 00:39:55,102 --> 00:39:58,814
- Well, are you accusing the CIA
- of murder, Dan?
- 783
- 00:40:00,690 --> 00:40:03,026
- Because that sounds like
- where this is going.
- 784
- 00:40:03,110 --> 00:40:04,903
- We have proof
- the deputy director
- 785
- 00:40:04,986 --> 00:40:08,031
- coached the officer in charge
- how to cover up what happened,
- 786
- 00:40:08,115 --> 00:40:10,534
- told him to be careful
- what he put in writing.
- 787
- 00:40:12,119 --> 00:40:13,870
- So, why would they need
- to cover it up
- 788
- 00:40:13,954 --> 00:40:15,994
- if they were following
- standard operating procedure?
- 789
- 00:40:16,998 --> 00:40:18,542
- Why didn't they tell
- the committee?
- 790
- 00:40:18,625 --> 00:40:20,877
- Why didn't they tell you?
- 791
- 00:40:25,048 --> 00:40:27,551
- I'm gonna need to review
- all this personally.
- 792
- 00:40:29,136 --> 00:40:30,554
- It's very disconcerting.
- 793
- 00:40:39,062 --> 00:40:41,606
- "Disconcerting"?
- "Very disconcerting"?
- 794
- 00:40:41,690 --> 00:40:43,358
- Dan, you need to be
- careful here.
- 795
- 00:40:43,441 --> 00:40:45,861
- You're getting
- emotionally involved.
- 796
- 00:40:45,944 --> 00:40:48,989
- They fucking killed a guy, and
- nobody was held accountable?
- 797
- 00:40:50,574 --> 00:40:52,325
- W-We don't know
- he was a terrorist.
- 798
- 00:40:52,409 --> 00:40:55,287
- - We barely even know his name.
- - I understand.
- 799
- 00:40:55,370 --> 00:40:57,164
- And what you need
- to understand is that
- 800
- 00:40:57,247 --> 00:41:00,167
- her name is going
- on this report, not yours.
- 801
- 00:41:00,250 --> 00:41:02,103
- Senate staff doesn't
- have to run for reelection,
- 802
- 00:41:02,127 --> 00:41:03,545
- but she does.
- 803
- 00:41:03,628 --> 00:41:06,882
- Their legal argument said EITs
- wouldn't cause lasting harm.
- 804
- 00:41:06,965 --> 00:41:09,718
- So how long is Gul Rahman
- gonna be dead for?
- 805
- 00:41:19,269 --> 00:41:21,521
- Are you guys seeing
- this Panetta review?
- 806
- 00:41:21,605 --> 00:41:23,190
- It just showed up.
- 807
- 00:41:25,066 --> 00:41:26,443
- I don't understand.
- 808
- 00:41:26,526 --> 00:41:29,362
- Looks like the CIA did
- their own investigation.
- 809
- 00:41:29,446 --> 00:41:32,032
- It confirms everything
- we've been finding.
- 810
- 00:41:37,287 --> 00:41:41,333
- So, what are you
- gonna do with it?
- 811
- 00:41:41,416 --> 00:41:43,376
- Hopefully, nothing.
- 812
- 00:41:43,460 --> 00:41:45,670
- Special Prosecutor Durham,
- please?
- 813
- 00:41:45,754 --> 00:41:48,423
- I've already left
- several messages.
- 814
- 00:41:48,506 --> 00:41:50,634
- It's Dan Jones again from
- the Intelligence Committee.
- 815
- 00:41:50,717 --> 00:41:51,968
- How are you?
- 816
- 00:41:52,052 --> 00:41:54,346
- Good. I just wanted
- to check in again to see
- 817
- 00:41:54,429 --> 00:41:56,014
- if the special prosecutor
- is available
- 818
- 00:41:56,097 --> 00:41:57,599
- to meet on the CIA probe.
- 819
- 00:41:59,059 --> 00:42:01,937
- It can be off the record.
- I just want to compare notes.
- 820
- 00:42:04,522 --> 00:42:06,316
- Yeah, same number. Thank you.
- 821
- 00:42:10,445 --> 00:42:12,215
- You know, we got to think back
- 822
- 00:42:12,239 --> 00:42:13,365
- to the period after 9/11.
- 823
- 00:42:13,448 --> 00:42:14,908
- We didn't even know who hit us.
- 824
- 00:42:14,991 --> 00:42:16,344
- We didn't know that
- Khalid Sheikh Mohammed was
- 825
- 00:42:16,368 --> 00:42:17,661
- the mastermind of 9/11
- 826
- 00:42:17,744 --> 00:42:19,344
- or the operational commander
- of Al Qaeda.
- 827
- 00:42:19,412 --> 00:42:20,932
- And then we started rounding up
- these terrorists.
- 828
- 00:42:20,956 --> 00:42:22,207
- We caught Abu Zubaydah.
- 829
- 00:42:22,290 --> 00:42:24,292
- We caught, uh,
- Ramzi bin al-Shibh and KSM.
- 830
- 00:42:24,376 --> 00:42:26,795
- And these guys provided us
- information under questioning
- 831
- 00:42:26,878 --> 00:42:30,257
- by the CIA that stopped
- a number of terrorist attacks.
- 832
- 00:42:30,340 --> 00:42:31,800
- They were pl-planning to blow up
- 833
- 00:42:31,883 --> 00:42:33,443
- the U.S. consulate
- in Karachi, Pakistan.
- 834
- 00:42:33,468 --> 00:42:35,071
- - Shit.
- - They were planning to blow up
- 835
- 00:42:35,095 --> 00:42:36,295
- our Marine camp in Djibouti...
- 836
- 00:42:42,560 --> 00:42:44,562
- - Good morning.
- - Khalid Sheikh Mohammed was
- 837
- 00:42:44,646 --> 00:42:49,401
- indicted in New York for trying
- to blow up airplanes in 1995.
- 838
- 00:42:49,484 --> 00:42:50,902
- The CIA already knew about him.
- 839
- 00:42:50,986 --> 00:42:52,654
- They knew he was close
- to bin Laden.
- 840
- 00:42:52,737 --> 00:42:54,340
- They knew about him before
- Zubaydah ever identified him.
- 841
- 00:42:54,364 --> 00:42:55,740
- How long have you been here?
- 842
- 00:42:55,824 --> 00:42:57,664
- Also, according to this cable...
- A few hours...
- 843
- 00:42:57,742 --> 00:42:59,244
- A CIA officer in Islamabad
- 844
- 00:42:59,327 --> 00:43:01,204
- began working someone
- they call Asset X.
- 845
- 00:43:01,288 --> 00:43:04,874
- X claimed to have
- direct access to KSM,
- 846
- 00:43:04,958 --> 00:43:07,294
- but was eventually turned away
- when he asked for money.
- 847
- 00:43:08,378 --> 00:43:10,755
- - How much money?
- - Few thousand bucks.
- 848
- 00:43:10,839 --> 00:43:13,133
- Two years later, after
- they've been putting him off,
- 849
- 00:43:13,216 --> 00:43:15,510
- putting him off, putting him
- off, they finally pay him,
- 850
- 00:43:15,593 --> 00:43:17,095
- and almost immediately
- he sends a text
- 851
- 00:43:17,178 --> 00:43:19,639
- "I'm with KSM."
- 852
- 00:43:19,723 --> 00:43:22,225
- It had nothing to do
- with the waterboard.
- 853
- 00:43:22,309 --> 00:43:24,894
- - Good morning.
- - Good morning.
- 854
- 00:43:41,161 --> 00:43:43,830
- One, two, three,
- 855
- 00:43:43,913 --> 00:43:46,082
- four, five, six...
- 856
- 00:43:46,166 --> 00:43:48,626
- Who are you
- working with in the U.S.?
- 857
- 00:43:48,710 --> 00:43:51,838
- Seven, eight, nine, 10, 11...
- 858
- 00:43:51,921 --> 00:43:53,882
- We have your kids!
- 859
- 00:43:53,965 --> 00:43:56,551
- - 12, 13, 14, 15,
- - ♪</i> Yankee Doodle, keep it up ♪</i>
- 860
- 00:43:56,634 --> 00:43:58,511
- - 16, 17...
- - ♪</i> Yankee Doodle dandy... ♪</i>
- 861
- 00:43:58,595 --> 00:44:01,264
- It will stop if you talk!
- 862
- 00:44:01,348 --> 00:44:04,559
- <i>♪ And with the girls be handy,
- Yankee Doodle... ♪</i>
- 863
- 00:44:04,642 --> 00:44:06,770
- Where is the next attack?
- 864
- 00:44:06,853 --> 00:44:08,164
- Canary Wharf! Canary Wharf!
- 865
- 00:44:08,188 --> 00:44:09,939
- <i>♪ Stuck a feather in ♪</i>
- 866
- 00:44:10,023 --> 00:44:11,608
- <i>♪ His hat and called it... ♪</i>
- 867
- 00:44:11,691 --> 00:44:12,918
- Okay, here's the problem.
- 868
- 00:44:12,942 --> 00:44:14,527
- We already know about
- 869
- 00:44:14,611 --> 00:44:16,738
- the Heathrow
- and Canary Wharf plots.
- 870
- 00:44:16,821 --> 00:44:19,407
- He knows that.
- It's in his goddamn notebook.
- 871
- 00:44:19,491 --> 00:44:21,701
- We asked about plots
- in the U.S., not London.
- 872
- 00:44:21,785 --> 00:44:24,120
- - He's fucking with you again.
- - To be honest,
- 873
- 00:44:24,204 --> 00:44:27,165
- I've never met a resistor
- like this guy.
- 874
- 00:44:27,248 --> 00:44:28,750
- He's a super resistor.
- 875
- 00:44:28,833 --> 00:44:30,502
- He lied to you to make you stop.
- 876
- 00:44:30,585 --> 00:44:32,730
- He just tells us shit
- he knows we already have.
- 877
- 00:44:32,754 --> 00:44:34,089
- That's all he does.
- 878
- 00:44:34,172 --> 00:44:36,716
- Then that's what we're learning.
- 879
- 00:44:36,800 --> 00:44:40,387
- That's what the waterboard
- is giving us.
- 880
- 00:44:41,971 --> 00:44:44,724
- We now know he's lying.
- 881
- 00:44:44,808 --> 00:44:46,851
- I thought it was meant
- to give us the truth.
- 882
- 00:44:46,935 --> 00:44:50,855
- And... the truth is he's lying.
- 883
- 00:44:58,196 --> 00:45:01,199
- Headquarters says we go again.
- 884
- 00:45:02,492 --> 00:45:04,160
- The chief of interrogations
- 885
- 00:45:04,244 --> 00:45:06,579
- ordered the rectal rehydration
- of KSM,
- 886
- 00:45:06,663 --> 00:45:08,415
- not for health reasons,
- 887
- 00:45:08,498 --> 00:45:10,792
- but as a way of showing total
- control over the detainee.
- 888
- 00:45:10,875 --> 00:45:13,753
- Even though
- rectal rehydration was never
- 889
- 00:45:13,837 --> 00:45:15,731
- an approved technique.
- 890
- 00:45:15,755 --> 00:45:17,650
- Total control isn't
- chaining the guy to the wall,
- 891
- 00:45:17,674 --> 00:45:19,568
- keeping him awake for days,
- and threatening his family?
- 892
- 00:45:19,592 --> 00:45:21,219
- You need to shove a tube
- up his ass?
- 893
- 00:45:21,302 --> 00:45:22,905
- This right here
- 894
- 00:45:22,929 --> 00:45:24,472
- is the rest of your life
- 895
- 00:45:24,556 --> 00:45:26,599
- unless you start telling the truth.
- 896
- 00:45:26,683 --> 00:45:28,244
- Then they went back
- to waterboarding him.
- 897
- 00:45:28,268 --> 00:45:29,912
- "When a medical officer
- pressed on KSM's..."
- 898
- 00:45:29,936 --> 00:45:31,563
- - Wait. Where are you?
- - Next page.
- 899
- 00:45:31,646 --> 00:45:33,648
- "When a medical officer
- pressed on KSM's abdomen,
- 900
- 00:45:33,731 --> 00:45:35,692
- he expressed water
- from his mouth and nose."
- 901
- 00:45:35,775 --> 00:45:37,694
- So, he was swallowing
- all the water.
- 902
- 00:45:37,777 --> 00:45:39,028
- "On March 17th",
- 903
- 00:45:39,112 --> 00:45:40,864
- the waterboard technique
- began to evolve."
- 904
- 00:45:43,324 --> 00:45:45,243
- Interrogators used their hands
- to maintain
- 905
- 00:45:45,326 --> 00:45:48,246
- a pool of water
- over KSM's nose and mouth.
- 906
- 00:45:58,715 --> 00:46:02,010
- Who are
- the operatives inside the U.S.?
- 907
- 00:46:02,093 --> 00:46:04,762
- Issa... Issa...
- 908
- 00:46:04,846 --> 00:46:06,806
- Issa al-Britani.
- 909
- 00:46:08,391 --> 00:46:09,851
- Where is the next attack?
- 910
- 00:46:09,934 --> 00:46:11,686
- M-Montana.
- 911
- 00:46:13,188 --> 00:46:15,482
- We got something.
- 912
- 00:46:17,734 --> 00:46:20,862
- KSM told interrogators he sent
- Abu Issa al-Britani to the U.S.
- 913
- 00:46:20,945 --> 00:46:24,115
- to recruit African American
- Muslims in Montana
- 914
- 00:46:24,199 --> 00:46:26,117
- to blow up gas stations
- and start forest fires.
- 915
- 00:46:26,201 --> 00:46:27,202
- Montana?
- 916
- 00:46:27,285 --> 00:46:29,412
- Muslims in Montana?
- 917
- 00:46:29,496 --> 00:46:31,831
- The FBI had serious doubts
- as well.
- 918
- 00:46:31,915 --> 00:46:34,334
- Later, KSM admitted
- he just told them
- 919
- 00:46:34,417 --> 00:46:36,794
- what they wanted to hear
- to make it stop.
- 920
- 00:46:36,878 --> 00:46:40,632
- So, did they get anything
- actionable from him at all?
- 921
- 00:46:40,715 --> 00:46:42,175
- Anything that saved lives?
- 922
- 00:46:42,258 --> 00:46:45,595
- They waterboarded him
- 183 times, and then concluded
- 923
- 00:46:45,678 --> 00:46:47,764
- KSM may never be
- forthcoming or honest.
- 924
- 00:46:47,847 --> 00:46:49,599
- Everything they got from him
- 925
- 00:46:49,682 --> 00:46:52,769
- was either a lie
- or something they already had.
- 926
- 00:46:52,852 --> 00:46:55,522
- Well, okay,
- so my first question is:
- 927
- 00:46:55,605 --> 00:46:59,859
- If it works, why do you need
- to do it 183 times?
- 928
- 00:47:00,944 --> 00:47:02,320
- Maybe when the report comes out,
- 929
- 00:47:02,403 --> 00:47:04,030
- people will finally see that.
- 930
- 00:47:04,113 --> 00:47:07,367
- Well, let's worry about getting
- it right, getting it done.
- 931
- 00:47:07,450 --> 00:47:09,827
- We can worry about
- changing the world later.
- 932
- 00:47:24,467 --> 00:47:26,261
- Sorry I'm late.
- 933
- 00:47:26,344 --> 00:47:28,388
- It's okay.
- 934
- 00:47:28,471 --> 00:47:31,099
- - Barely slept.
- - Want some coffee?
- 935
- 00:47:34,602 --> 00:47:36,521
- Hey, can I ask you something?
- 936
- 00:47:36,604 --> 00:47:38,856
- You ever, uh, have dreams,
- 937
- 00:47:38,940 --> 00:47:41,568
- you know, about the stuff
- that's in the report?
- 938
- 00:47:43,069 --> 00:47:45,905
- Yeah. I have one
- where I'm drowning.
- 939
- 00:47:45,989 --> 00:47:48,366
- I can't move my arms or legs.
- I can't breathe.
- 940
- 00:47:48,449 --> 00:47:50,743
- - That wakes me up.
- - Last night I dreamt
- 941
- 00:47:50,827 --> 00:47:53,705
- I was trapped in
- one of those confinement boxes.
- 942
- 00:47:53,788 --> 00:47:55,540
- They just left me there.
- 943
- 00:47:55,623 --> 00:47:58,167
- Daniel Jones, right?
- 944
- 00:47:58,251 --> 00:48:00,628
- - Do I know you?
- - I just wanted to tell you to your face
- 945
- 00:48:00,712 --> 00:48:02,755
- that I think you
- and that report are garbage.
- 946
- 00:48:02,839 --> 00:48:04,507
- - Excuse me...
- - You weren't there,
- 947
- 00:48:04,591 --> 00:48:06,467
- so you don't know
- what worked and what didn't
- 948
- 00:48:06,551 --> 00:48:07,719
- or what we were up against.
- 949
- 00:48:07,802 --> 00:48:09,512
- You may not realize,
- but we were trying
- 950
- 00:48:09,596 --> 00:48:11,764
- to protect this country
- from people who want to destroy
- 951
- 00:48:11,848 --> 00:48:13,141
- everything we believe in.
- 952
- 00:48:13,224 --> 00:48:15,059
- You may not realize it,
- 953
- 00:48:15,143 --> 00:48:17,437
- but we're trying to do
- the exact same thing.
- 954
- 00:48:17,520 --> 00:48:20,940
- Your bullshit report will
- never see the light of day.
- 955
- 00:48:24,986 --> 00:48:27,113
- Special Prosecutor
- Durham, please.
- 956
- 00:48:27,196 --> 00:48:29,282
- It's Dan Jones, calling again
- 957
- 00:48:29,365 --> 00:48:32,285
- about the Justice Department
- investigation of the CIA.
- 958
- 00:48:32,368 --> 00:48:34,078
- We really need to meet.
- 959
- 00:48:35,663 --> 00:48:37,123
- You have?
- 960
- 00:48:38,708 --> 00:48:40,960
- Okay, what are their findings?
- 961
- 00:48:51,304 --> 00:48:53,139
- Fuck!
- 962
- 00:48:53,222 --> 00:48:55,016
- Nothing?
- 963
- 00:48:55,099 --> 00:48:56,601
- No indictments at all?
- 964
- 00:48:56,684 --> 00:48:58,770
- No charges against
- Jose Rodriguez or Gina Haspel
- 965
- 00:48:58,853 --> 00:49:00,229
- for destroying the tapes.
- 966
- 00:49:00,313 --> 00:49:02,523
- Nothing against the CIA
- for torturing people.
- 967
- 00:49:02,607 --> 00:49:04,168
- Nothing against
- Jim Pavitt and the others
- 968
- 00:49:04,192 --> 00:49:06,402
- for providing misinformation,
- nothing at all.
- 969
- 00:49:06,486 --> 00:49:08,655
- DOJ says they don't have
- enough admissible evidence
- 970
- 00:49:08,738 --> 00:49:10,698
- to convict anyone.
- 971
- 00:49:10,782 --> 00:49:12,801
- You go after the contractors,
- and they're indemnified.
- 972
- 00:49:12,825 --> 00:49:14,261
- You go after
- the head of Counterterrorism,
- 973
- 00:49:14,285 --> 00:49:15,995
- and he'd just say
- he was following orders
- 974
- 00:49:16,079 --> 00:49:17,205
- from the CIA director.
- 975
- 00:49:17,288 --> 00:49:18,641
- You go after the director,
- and he...
- 976
- 00:49:18,665 --> 00:49:20,208
- Well, he would just cite
- the president.
- 977
- 00:49:20,291 --> 00:49:21,852
- Then the White House
- would claim national security.
- 978
- 00:49:21,876 --> 00:49:24,796
- DOJ at least share
- what they found?
- 979
- 00:49:24,879 --> 00:49:25,922
- No.
- 980
- 00:49:28,007 --> 00:49:30,551
- They won't turn anything over.
- 981
- 00:49:32,220 --> 00:49:33,971
- We're the only ones
- still looking at this.
- 982
- 00:49:52,073 --> 00:49:53,908
- Dan?
- 983
- 00:49:55,493 --> 00:49:56,494
- Dan?
- 984
- 00:49:56,577 --> 00:49:58,454
- You know a CIA officer
- 985
- 00:49:58,538 --> 00:50:00,748
- testified before Congress
- in 1978 regarding the use of
- 986
- 00:50:00,832 --> 00:50:03,960
- coercive physical interrogation
- techniques in Latin America?
- 987
- 00:50:04,043 --> 00:50:05,837
- And the officer said
- the techniques result
- 988
- 00:50:05,920 --> 00:50:08,214
- in false answers and have
- proven to be ineffective.
- 989
- 00:50:08,297 --> 00:50:09,817
- And before Latin America,
- they did it in Vietnam.
- 990
- 00:50:09,841 --> 00:50:10,901
- They knew it didn't work...
- 991
- 00:50:10,925 --> 00:50:12,236
- Dan, I need
- to tell you something.
- 992
- 00:50:12,260 --> 00:50:13,720
- And they did it again.
- 993
- 00:50:13,803 --> 00:50:14,863
- Don't even listen
- to their own fucking people.
- 994
- 00:50:14,887 --> 00:50:16,305
- I'm leaving the study.
- 995
- 00:50:16,389 --> 00:50:20,351
- I... I got a job offer,
- and I can't turn it down.
- 996
- 00:50:20,435 --> 00:50:23,896
- I'm sorry, but don't you see
- what this is doing to you?
- 997
- 00:50:23,980 --> 00:50:25,148
- To all of us?
- 998
- 00:50:25,231 --> 00:50:26,941
- I mean, my kids
- are at home growing up,
- 999
- 00:50:27,024 --> 00:50:30,153
- and I'm down here reading about
- how they put a power drill
- 1000
- 00:50:30,236 --> 00:50:31,922
- against one guy's head
- and-and how they pulled
- 1001
- 00:50:31,946 --> 00:50:33,489
- another guy's arms
- out of his sockets.
- 1002
- 00:50:33,573 --> 00:50:35,467
- And I just... this is
- how I'm spending my Sundays.
- 1003
- 00:50:35,491 --> 00:50:37,034
- And my Saturdays.
- 1004
- 00:50:37,118 --> 00:50:39,746
- This is how I spend every day.
- 1005
- 00:50:39,829 --> 00:50:42,999
- I just... I-I-I-I can't.
- 1006
- 00:50:43,082 --> 00:50:47,128
- Um... I'm gonna leave
- after Thanksgiving.
- 1007
- 00:50:53,217 --> 00:50:55,178
- Okay. I understand.
- 1008
- 00:50:55,261 --> 00:50:56,804
- Okay.
- 1009
- 00:50:56,888 --> 00:50:58,264
- Thanksgiving.
- 1010
- 00:50:58,347 --> 00:51:01,517
- That gives us...
- that gives us a couple months.
- 1011
- 00:51:01,601 --> 00:51:04,937
- Dan, it's November.
- 1012
- 00:51:05,021 --> 00:51:07,774
- Thanksgiving is next week.
- 1013
- 00:51:09,692 --> 00:51:12,862
- How many pages have
- we written so far? Thousands?
- 1014
- 00:51:12,945 --> 00:51:16,324
- We don't even know
- if this is ever gonna come out.
- 1015
- 00:51:16,407 --> 00:51:18,826
- The tapes investigation
- never did.
- 1016
- 00:51:18,910 --> 00:51:20,411
- It's still classified.
- 1017
- 00:51:22,121 --> 00:51:24,499
- The CIA knew
- this shit didn't work in 1978,
- 1018
- 00:51:24,582 --> 00:51:27,001
- and it didn't stop them
- from doing it again.
- 1019
- 00:51:28,586 --> 00:51:30,922
- Look, we've been down here
- for two years, Dan,
- 1020
- 00:51:31,005 --> 00:51:33,633
- in this basement.
- 1021
- 00:51:33,716 --> 00:51:36,511
- Nobody's waiting for us
- to come out.
- 1022
- 00:52:14,507 --> 00:52:16,759
- Shocking photos that
- apparently show U.S. troops
- 1023
- 00:52:16,843 --> 00:52:19,804
- abusing detainees in a prison
- outside Baghdad.
- 1024
- 00:52:19,887 --> 00:52:21,347
- We have a problem.
- 1025
- 00:52:21,430 --> 00:52:23,891
- Both myself and the president
- have gone on record
- 1026
- 00:52:23,975 --> 00:52:26,310
- saying we do not torture people.
- 1027
- 00:52:26,394 --> 00:52:29,355
- He just made a statement
- for the U.N.'s goddamn
- 1028
- 00:52:29,438 --> 00:52:32,483
- Day in Support
- of Victims of Torture.
- 1029
- 00:52:32,567 --> 00:52:34,777
- Wh-What-what did he say?
- 1030
- 00:52:37,321 --> 00:52:39,615
- "The United States
- does not torture."
- 1031
- 00:52:39,699 --> 00:52:42,994
- It's against our laws
- and it's against our values.
- 1032
- 00:52:43,077 --> 00:52:48,416
- "I have not authorized it,
- and I will not authorize it."
- 1033
- 00:52:50,334 --> 00:52:53,379
- I'm not sure where
- that leaves either of us.
- 1034
- 00:52:53,462 --> 00:52:55,506
- So, here's the deal.
- 1035
- 00:52:55,590 --> 00:52:59,093
- Some new lawyer over at OLC,
- Jack Goldsmith,
- 1036
- 00:52:59,176 --> 00:53:01,679
- is saying there are issues
- with the John Yoo memo.
- 1037
- 00:53:01,762 --> 00:53:03,139
- Legal issues?
- 1038
- 00:53:03,222 --> 00:53:05,474
- Yeah, and there's
- the inspector general's report:
- 1039
- 00:53:05,558 --> 00:53:08,185
- allegations of
- war crimes and torture.
- 1040
- 00:53:08,269 --> 00:53:11,564
- Throws the whole
- program under the goddamn bus.
- 1041
- 00:53:11,647 --> 00:53:13,274
- What's it say?
- 1042
- 00:53:13,357 --> 00:53:17,069
- "The inspector general finds
- that EITs are inconsistent"
- 1043
- 00:53:17,153 --> 00:53:18,613
- with the public policy positions
- 1044
- 00:53:18,696 --> 00:53:22,116
- "the United States has taken
- regarding human rights,"
- 1045
- 00:53:22,199 --> 00:53:23,993
- blah, blah, blah.
- 1046
- 00:53:24,076 --> 00:53:26,078
- "The program, as implemented,
- 1047
- 00:53:26,162 --> 00:53:30,958
- "diverges sharply from how the
- CIA has described," blah, blah.
- 1048
- 00:53:31,042 --> 00:53:33,878
- "There is also little evidence
- that the waterboard
- 1049
- 00:53:33,961 --> 00:53:36,756
- is effective
- in gaining information."
- 1050
- 00:53:36,839 --> 00:53:39,550
- Look, guys, Director Tenet
- wants to pause the program.
- 1051
- 00:53:41,636 --> 00:53:44,013
- You know, I retired
- from the Air Force
- 1052
- 00:53:44,096 --> 00:53:47,558
- just a couple of months
- before 9/11.
- 1053
- 00:53:47,642 --> 00:53:49,310
- 22 years.
- 1054
- 00:53:50,895 --> 00:53:53,522
- And then I wake up that morning,
- 1055
- 00:53:53,606 --> 00:53:59,946
- and I turn on the news and...
- see what's happening.
- 1056
- 00:54:01,572 --> 00:54:06,577
- A lot of people just went back
- to their coffee and cornflakes.
- 1057
- 00:54:06,661 --> 00:54:10,831
- But Jim wanted to do something
- 1058
- 00:54:10,915 --> 00:54:13,501
- to keep people safe.
- 1059
- 00:54:13,584 --> 00:54:16,671
- We are going right back to the
- National Security Council today
- 1060
- 00:54:16,754 --> 00:54:18,714
- and asking to have
- the program recertified,
- 1061
- 00:54:18,798 --> 00:54:20,508
- as many techniques as possible.
- 1062
- 00:54:20,591 --> 00:54:22,885
- We have a plan.
- 1063
- 00:54:22,969 --> 00:54:24,971
- Thank you. Thank you.
- 1064
- 00:54:44,865 --> 00:54:46,158
- Jones.
- 1065
- 00:54:47,243 --> 00:54:48,411
- Yes, Senator.
- 1066
- 00:54:58,004 --> 00:54:59,398
- On the Sunday talk shows,
- 1067
- 00:54:59,422 --> 00:55:01,007
- former Defense Secretary
- Donald Rumsfeld
- 1068
- 00:55:01,090 --> 00:55:03,134
- and former Vice President
- Dick Cheney
- 1069
- 00:55:03,217 --> 00:55:06,804
- argued enhanced interrogation
- techniques played a major role
- 1070
- 00:55:06,887 --> 00:55:09,265
- in leading up to the raid
- on bin Laden's compound.
- 1071
- 00:55:09,348 --> 00:55:11,308
- No, that's not right.
- That's not what happened.
- 1072
- 00:55:11,392 --> 00:55:13,286
- - It was not torture.
- - I'll look into it.
- 1073
- 00:55:13,310 --> 00:55:15,563
- And, uh, I would strongly
- recommend that we continue it.
- 1074
- 00:55:15,646 --> 00:55:17,366
- At the heart of the controversy
- 1075
- 00:55:17,440 --> 00:55:19,859
- is a process called
- waterboarding.
- 1076
- 00:55:21,944 --> 00:55:24,238
- Okay, here's what
- the CIA is claiming:
- 1077
- 00:55:24,321 --> 00:55:28,576
- They got bin Laden after using
- EITs against detainees.
- 1078
- 00:55:30,870 --> 00:55:36,208
- They say it all started in 2002
- with Abu Zubaydah
- 1079
- 00:55:36,292 --> 00:55:39,587
- and a detainee they called
- "Riyadh the Facilitator,"
- 1080
- 00:55:39,670 --> 00:55:41,881
- who tipped them off
- to Abu Ahmed al-Kuwaiti,
- 1081
- 00:55:41,964 --> 00:55:43,174
- who had ties to bin Laden.
- 1082
- 00:55:43,257 --> 00:55:44,884
- That's not what happened?
- 1083
- 00:55:44,967 --> 00:55:47,470
- The truth is the CIA
- was on al-Kuwaiti's phones,
- 1084
- 00:55:47,553 --> 00:55:51,182
- e-mails, identity, long before
- they captured any detainees.
- 1085
- 00:55:51,265 --> 00:55:56,103
- Before they even had
- an EIT program.
- 1086
- 00:55:56,187 --> 00:55:58,647
- Zubaydah told us al-Kuwaiti had
- nothing to do with bin Laden.
- 1087
- 00:55:58,731 --> 00:56:01,525
- Same with KSM
- and-and the others.
- 1088
- 00:56:01,609 --> 00:56:04,612
- But now we have former
- CIA Director Michael Hayden
- 1089
- 00:56:04,695 --> 00:56:07,239
- on the radio saying
- this all came from EITs.
- 1090
- 00:56:07,323 --> 00:56:09,909
- And former Attorney General
- Mukasey is out there saying
- 1091
- 00:56:09,992 --> 00:56:12,078
- KSM broke like a dam
- after waterboarding.
- 1092
- 00:56:12,161 --> 00:56:13,621
- Where is he saying that?
- 1093
- 00:56:13,704 --> 00:56:16,123
- Wall Street Journal.
- I found a memo.
- 1094
- 00:56:16,207 --> 00:56:17,833
- It's from a few months back,
- in March.
- 1095
- 00:56:17,917 --> 00:56:19,335
- It's called
- "The Public Roll-out."
- 1096
- 00:56:19,418 --> 00:56:22,713
- The memo states the Agency
- wanted their PR people
- 1097
- 00:56:22,797 --> 00:56:26,801
- to connect the bin Laden raid
- to intel obtained via EITs
- 1098
- 00:56:26,884 --> 00:56:28,177
- before it even happened.
- 1099
- 00:56:28,260 --> 00:56:32,306
- So... if the CIA got bin Laden,
- 1100
- 00:56:32,389 --> 00:56:35,226
- then who cares what else it did?
- 1101
- 00:56:35,309 --> 00:56:38,187
- If it saved lives, there's
- no need for accountability.
- 1102
- 00:56:38,270 --> 00:56:40,481
- Exactly. They lied to Bush
- about the program.
- 1103
- 00:56:40,564 --> 00:56:42,316
- Now they're lying
- to President Obama.
- 1104
- 00:56:42,399 --> 00:56:46,112
- This document about bin Laden
- and, uh, the role of EITs,
- 1105
- 00:56:46,195 --> 00:56:48,030
- it just isn't true.
- 1106
- 00:56:54,745 --> 00:56:57,540
- You want me to get you
- the White House?
- 1107
- 00:56:59,375 --> 00:57:00,918
- Let's do that.
- 1108
- 00:57:03,504 --> 00:57:05,631
- It's very clear to us
- 1109
- 00:57:05,714 --> 00:57:09,635
- the EITs did not lead
- to bin Laden.
- 1110
- 00:57:09,718 --> 00:57:12,346
- The CIA is misrepresenting
- the operation.
- 1111
- 00:57:12,429 --> 00:57:14,306
- I'm sure you see that,
- don't you?
- 1112
- 00:57:14,390 --> 00:57:16,725
- I'm not
- sure I understand, Senator.
- 1113
- 00:57:16,809 --> 00:57:18,829
- The mission was a success;
- that's the headline here.
- 1114
- 00:57:18,853 --> 00:57:22,231
- This is a crucial moment
- in our nation's history.
- 1115
- 00:57:22,314 --> 00:57:26,819
- I want to make certain that the
- Agency isn't manipulating it
- 1116
- 00:57:26,902 --> 00:57:30,197
- to sanitize
- their own past actions.
- 1117
- 00:57:30,281 --> 00:57:32,116
- I will let
- the national security advisor
- 1118
- 00:57:32,199 --> 00:57:34,285
- know your concerns, Senator.
- 1119
- 00:57:34,368 --> 00:57:36,704
- - Thank you.
- - Thank you, Senator Feinstein.
- 1120
- 00:57:38,080 --> 00:57:40,291
- That's it?
- 1121
- 00:57:40,374 --> 00:57:42,668
- They don't care
- the story is wrong?
- 1122
- 00:57:44,295 --> 00:57:48,257
- Well, I don't think we can look
- to the White House for support.
- 1123
- 00:57:57,600 --> 00:57:58,976
- What the hell just happened?
- 1124
- 00:57:59,059 --> 00:58:02,354
- The CIA just got
- the president reelected.
- 1125
- 00:58:02,438 --> 00:58:04,231
- That's what happened.
- 1126
- 00:58:07,651 --> 00:58:10,988
- It was the
- greatest manhunt of all time.
- 1127
- 00:58:11,071 --> 00:58:13,616
- You think you know the story,
- 1128
- 00:58:13,699 --> 00:58:15,618
- but hold on to your seats.
- 1129
- 00:58:15,701 --> 00:58:18,787
- Zero Dark Thirty,
- the riveting new film,
- 1130
- 00:58:18,871 --> 00:58:21,457
- brings you the hunt
- for Osama bin Laden
- 1131
- 00:58:21,540 --> 00:58:24,168
- as it has never been
- seen before.
- 1132
- 00:58:39,183 --> 00:58:41,268
- This is it.
- The last guy we have.
- 1133
- 00:58:41,352 --> 00:58:47,524
- Muhammad Rahim,
- captured June 2007.
- 1134
- 00:58:57,076 --> 00:58:58,744
- We kept Rahim awake
- 1135
- 00:58:58,827 --> 00:59:00,913
- for 138 hours straight.
- 1136
- 00:59:00,996 --> 00:59:03,999
- Used the attention grasp,
- 1137
- 00:59:04,083 --> 00:59:07,002
- facial hold,
- dietary manipulation.
- 1138
- 00:59:07,086 --> 00:59:10,422
- Abdominal slaps,
- stress positions.
- 1139
- 00:59:10,506 --> 00:59:13,550
- We even offered him a towel
- to wear if he cooperated.
- 1140
- 00:59:13,634 --> 00:59:14,885
- Gave us nothing.
- 1141
- 00:59:14,969 --> 00:59:16,595
- He said that, if we hurt him,
- 1142
- 00:59:16,679 --> 00:59:19,932
- he'd just make things up
- to get us to stop.
- 1143
- 00:59:20,015 --> 00:59:22,685
- And then he said
- he was at our mercy
- 1144
- 00:59:22,768 --> 00:59:25,020
- and we could kill him
- if we wanted.
- 1145
- 00:59:25,104 --> 00:59:26,831
- What's the point
- of moving forward
- 1146
- 00:59:26,855 --> 00:59:28,607
- without the waterboard?
- 1147
- 00:59:28,691 --> 00:59:30,818
- It's like trying to play
- baseball without the bat.
- 1148
- 00:59:30,901 --> 00:59:32,820
- We've been going at him
- for 60 days now,
- 1149
- 00:59:32,903 --> 00:59:35,155
- not getting anywhere.
- 1150
- 00:59:35,239 --> 00:59:39,326
- The problem is
- that CTC hasn't given us
- 1151
- 00:59:39,410 --> 00:59:41,287
- any good intel
- to question him about.
- 1152
- 00:59:41,370 --> 00:59:43,038
- We don't have any leverage.
- 1153
- 00:59:43,122 --> 00:59:44,999
- Hold on.
- You're the psychologists.
- 1154
- 00:59:45,082 --> 00:59:46,834
- You told me you were
- gonna get us intel.
- 1155
- 00:59:46,917 --> 00:59:48,637
- Now you're saying
- we need to give it to you?
- 1156
- 00:59:48,711 --> 00:59:54,049
- I'm thinking we improve his
- treatment for a week or two,
- 1157
- 00:59:54,133 --> 00:59:58,137
- give him some hope,
- and then we go back at him hard
- 1158
- 00:59:58,220 --> 01:00:00,556
- and create
- a sense of helplessness.
- 1159
- 01:00:00,639 --> 01:00:04,768
- Or we could try recruiting him.
- 1160
- 01:00:04,852 --> 01:00:08,522
- Tell him he can be
- a CIA agent if he talks.
- 1161
- 01:00:08,605 --> 01:00:09,982
- The FBI does that.
- 1162
- 01:00:10,065 --> 01:00:11,984
- We're not the FBI.
- We don't do that.
- 1163
- 01:00:12,067 --> 01:00:14,737
- The way the science works is
- 1164
- 01:00:14,820 --> 01:00:16,905
- we only get the intel after...
- 1165
- 01:00:16,989 --> 01:00:18,699
- After what?
- 1166
- 01:00:18,782 --> 01:00:21,118
- Why are so many of these guys
- still lying to us
- 1167
- 01:00:21,201 --> 01:00:23,329
- after you work on them?
- 1168
- 01:00:25,581 --> 01:00:27,833
- Where's the special sauce?
- 1169
- 01:00:30,085 --> 01:00:34,006
- You have to make this work.
- It's only legal if it works.
- 1170
- 01:00:34,089 --> 01:00:36,884
- The CIA's questioning
- of Muhammad Rahim
- 1171
- 01:00:36,967 --> 01:00:39,094
- resulted in
- zero intelligence reports.
- 1172
- 01:00:39,178 --> 01:00:42,431
- On April 21, 2008,
- the Agency convened
- 1173
- 01:00:42,514 --> 01:00:44,266
- an after-action review
- of his interrogation.
- 1174
- 01:00:44,350 --> 01:00:46,977
- Senator, I just want to point
- out that this is the first time
- 1175
- 01:00:47,061 --> 01:00:48,645
- the Agency stopped and evaluated
- 1176
- 01:00:48,729 --> 01:00:50,230
- the effectiveness
- of the program.
- 1177
- 01:00:51,398 --> 01:00:53,484
- And they concluded that,
- in the future,
- 1178
- 01:00:53,567 --> 01:00:55,569
- CIA interrogators should use
- rapport building.
- 1179
- 01:00:58,781 --> 01:01:01,116
- They even suggested
- asking other agencies,
- 1180
- 01:01:01,200 --> 01:01:03,410
- law enforcement,
- and even other countries
- 1181
- 01:01:03,494 --> 01:01:05,245
- about effective
- interrogation methods.
- 1182
- 01:01:07,539 --> 01:01:08,707
- So...
- 1183
- 01:01:11,460 --> 01:01:14,004
- For the past six years,
- there's been a steady stream
- 1184
- 01:01:14,088 --> 01:01:19,676
- of CIA personnel...
- Directors, deputies, analysts...
- 1185
- 01:01:19,760 --> 01:01:21,553
- Coming over here and telling me
- 1186
- 01:01:21,637 --> 01:01:25,724
- what an amazing success
- EITs have been.
- 1187
- 01:01:25,808 --> 01:01:29,603
- Somehow not even one of them
- managed to mention that part.
- 1188
- 01:01:34,858 --> 01:01:40,531
- How many detainees have been
- through the program in total?
- 1189
- 01:01:41,615 --> 01:01:43,450
- At least 119.
- 1190
- 01:01:45,911 --> 01:01:47,830
- The Agency admits
- a quarter of them
- 1191
- 01:01:47,913 --> 01:01:49,957
- should never have been detained.
- 1192
- 01:01:50,040 --> 01:01:54,878
- The EIT program never worked,
- not on anyone.
- 1193
- 01:02:04,555 --> 01:02:07,850
- Today, we are gathered
- to approve
- 1194
- 01:02:07,933 --> 01:02:09,435
- the committee's study of
- 1195
- 01:02:09,518 --> 01:02:14,565
- the CIA Detention
- and Interrogation Program.
- 1196
- 01:02:14,648 --> 01:02:17,317
- I would like to thank
- Daniel Jones
- 1197
- 01:02:17,401 --> 01:02:21,155
- and his small staff
- who prepared this study.
- 1198
- 01:02:21,238 --> 01:02:23,699
- Clerk, would you call the roll?
- 1199
- 01:02:25,325 --> 01:02:28,078
- - Mr. Udall?
- - Yay.
- 1200
- 01:02:28,162 --> 01:02:31,081
- - Mr. Rubio?
- - Nay.
- 1201
- 01:02:31,165 --> 01:02:33,834
- - Mr. Rockefeller?
- - Yay.
- 1202
- 01:02:33,917 --> 01:02:36,295
- - Mr. Warner?
- - Yay.
- 1203
- 01:02:36,378 --> 01:02:38,297
- - Mr. Blunt?
- - Nay.
- 1204
- 01:02:38,380 --> 01:02:41,216
- - Mr. Conrad?
- - Yay.
- 1205
- 01:02:41,300 --> 01:02:43,510
- - Mr. Coats?
- - Nay.
- 1206
- 01:02:43,594 --> 01:02:45,846
- - Mr. Nelson?
- - Yay.
- 1207
- 01:02:45,929 --> 01:02:48,307
- - Mr. Risch?
- - Nay.
- 1208
- 01:02:48,390 --> 01:02:50,893
- - Ms. Mikulski?
- - Yay.
- 1209
- 01:02:50,976 --> 01:02:53,145
- - Mr. Burr?
- - Nay.
- 1210
- 01:02:53,228 --> 01:02:55,606
- - Mr. Wyden?
- - Yay.
- 1211
- 01:02:55,689 --> 01:02:58,066
- - Ms. Snowe?
- - Yay.
- 1212
- 01:02:58,150 --> 01:03:02,070
- - Mr. Chambliss?
- - Nay.
- 1213
- 01:03:02,154 --> 01:03:04,239
- Ms. Feinstein?
- 1214
- 01:03:04,323 --> 01:03:06,700
- Yay.
- 1215
- 01:03:09,077 --> 01:03:10,662
- The motion passes.
- 1216
- 01:03:10,746 --> 01:03:15,751
- The report will now be sent
- to the CIA for final comments.
- 1217
- 01:03:19,546 --> 01:03:21,423
- I, John Owen Brennan,
- 1218
- 01:03:21,507 --> 01:03:23,634
- do solemnly swear to tell
- the truth, the full truth,
- 1219
- 01:03:23,717 --> 01:03:26,094
- and nothing but the truth,
- so help me God.
- 1220
- 01:03:26,178 --> 01:03:28,764
- Thank you, Mr. Brennan.
- 1221
- 01:03:28,847 --> 01:03:31,016
- I look forward
- to hearing your testimony.
- 1222
- 01:03:34,436 --> 01:03:36,730
- I am honored
- to appear before you today
- 1223
- 01:03:36,813 --> 01:03:40,734
- as the president's nominee
- for director of the CIA.
- 1224
- 01:03:40,817 --> 01:03:44,530
- I'd like to say from
- the beginning that honesty...
- 1225
- 01:03:44,613 --> 01:03:48,033
- Truthfulness... was a value
- inculcated in me
- 1226
- 01:03:48,116 --> 01:03:51,078
- growing up in New Jersey by
- my parents, Owen and Dorothy.
- 1227
- 01:03:51,161 --> 01:03:53,205
- Now, none of us
- are perfect beings.
- 1228
- 01:03:53,288 --> 01:03:55,290
- I am far from perfect.
- 1229
- 01:03:55,374 --> 01:03:57,501
- But I will be honest
- with this committee
- 1230
- 01:03:57,584 --> 01:03:59,127
- and do everything possible
- 1231
- 01:03:59,211 --> 01:04:02,464
- to meet your legitimate needs
- and requirements.
- 1232
- 01:04:02,548 --> 01:04:04,007
- Mr. Brennan,
- 1233
- 01:04:04,091 --> 01:04:06,718
- I've long believed that our
- government has an obligation
- 1234
- 01:04:06,802 --> 01:04:10,847
- to the American people to face
- its mistakes transparently,
- 1235
- 01:04:10,931 --> 01:04:13,892
- to help the public understand
- the nature of those mistakes,
- 1236
- 01:04:13,976 --> 01:04:16,270
- and to correct them.
- 1237
- 01:04:16,353 --> 01:04:20,274
- The enhanced interrogation
- techniques were brutal,
- 1238
- 01:04:20,357 --> 01:04:23,026
- and, perhaps most importantly,
- they did not work.
- 1239
- 01:04:23,110 --> 01:04:26,029
- Now, the CIA has
- a responsibility
- 1240
- 01:04:26,113 --> 01:04:28,490
- to correct any inaccurate
- information it provided
- 1241
- 01:04:28,574 --> 01:04:30,718
- to the previous White House,
- the Department of Justice,
- 1242
- 01:04:30,742 --> 01:04:32,536
- Congress and the public.
- 1243
- 01:04:34,997 --> 01:04:38,208
- Do you agree that the CIA
- has this responsibility?
- 1244
- 01:04:38,292 --> 01:04:40,794
- And I'd appreciate
- a yes or no answer.
- 1245
- 01:04:42,504 --> 01:04:46,008
- Yes, Senator.
- 1246
- 01:04:46,091 --> 01:04:47,634
- Absolutely.
- 1247
- 01:04:49,344 --> 01:04:50,904
- Office of the chief of staff.
- 1248
- 01:04:50,929 --> 01:04:52,973
- Mr. McDonough is
- in a meeting right now.
- 1249
- 01:04:53,056 --> 01:04:55,337
- According to the latest NBC
- News/Wall Street Journal poll,
- 1250
- 01:04:55,392 --> 01:04:58,895
- the president's
- approval rating is at 44%.
- 1251
- 01:04:58,979 --> 01:05:00,498
- That's up three points since March...
- 1252
- 01:05:00,522 --> 01:05:02,441
- Excuse me. Mr. McDonough.
- 1253
- 01:05:02,524 --> 01:05:04,985
- - Director Brennan is here.
- - Oh.
- 1254
- 01:05:05,068 --> 01:05:06,320
- There he is.
- 1255
- 01:05:06,403 --> 01:05:08,488
- - Congratulations, Mr. Director.
- - Thank you.
- 1256
- 01:05:08,572 --> 01:05:09,990
- Welcome. Come on in. Thank you.
- 1257
- 01:05:10,073 --> 01:05:12,200
- Thank you
- and thank President Obama.
- 1258
- 01:05:12,284 --> 01:05:13,952
- I'll let him know.
- 1259
- 01:05:14,036 --> 01:05:16,121
- Speaking of, uh,
- 1260
- 01:05:16,204 --> 01:05:18,624
- he wanted me to ask you
- if there's any new information
- 1261
- 01:05:18,707 --> 01:05:21,084
- on the drone strikes
- of April 29th?
- 1262
- 01:05:21,168 --> 01:05:24,588
- We can confirm
- that the Al Qaeda planner
- 1263
- 01:05:24,671 --> 01:05:27,633
- Abu Sulayman al-Jazairi
- has been killed.
- 1264
- 01:05:27,716 --> 01:05:30,260
- Unfortunately, we also believe
- 1265
- 01:05:30,344 --> 01:05:34,348
- that there were between five
- and ten civilian casualties.
- 1266
- 01:05:34,431 --> 01:05:35,849
- Shit.
- 1267
- 01:05:35,932 --> 01:05:38,143
- Well, I'll let
- the president know.
- 1268
- 01:05:38,226 --> 01:05:40,228
- What about the
- Intelligence Committee report?
- 1269
- 01:05:40,312 --> 01:05:41,772
- We need to talk about that.
- 1270
- 01:05:41,855 --> 01:05:44,691
- John, w-we gave the CIA
- until February
- 1271
- 01:05:44,775 --> 01:05:47,152
- to come up with its response;
- it's now May.
- 1272
- 01:05:47,235 --> 01:05:49,213
- I've got Senator Feinstein
- all over my phone sheet.
- 1273
- 01:05:49,237 --> 01:05:51,531
- I don't want to be the one
- who has to push on this,
- 1274
- 01:05:51,615 --> 01:05:54,284
- but the president would really
- like to get this behind us.
- 1275
- 01:05:59,748 --> 01:06:01,541
- And?
- 1276
- 01:06:01,625 --> 01:06:03,960
- We acknowledge that
- 1277
- 01:06:04,044 --> 01:06:06,630
- the Detention and Interrogation
- Program had shortcomings
- 1278
- 01:06:06,713 --> 01:06:08,965
- and that the Agency
- made mistakes.
- 1279
- 01:06:09,049 --> 01:06:10,729
- The most serious of those
- occurred early on
- 1280
- 01:06:10,801 --> 01:06:13,428
- and stemmed from the fact
- that we were unprepared.
- 1281
- 01:06:15,055 --> 01:06:18,642
- Now, as you know, we part ways
- on some key points.
- 1282
- 01:06:18,725 --> 01:06:22,062
- According to our review,
- indications are that
- 1283
- 01:06:22,145 --> 01:06:24,314
- interrogations of
- detainees upon whom
- 1284
- 01:06:24,398 --> 01:06:27,109
- the enhanced interrogation
- techniques were used
- 1285
- 01:06:27,192 --> 01:06:30,529
- did produce unique intelligence
- 1286
- 01:06:30,612 --> 01:06:32,364
- that helped thwart attack plans,
- 1287
- 01:06:32,447 --> 01:06:34,408
- capture terrorists,
- and saved lives.
- 1288
- 01:06:34,491 --> 01:06:36,010
- Excuse me, intelligence
- gathered from EITs...
- 1289
- 01:06:36,034 --> 01:06:38,245
- And that intelligence
- continues to inform
- 1290
- 01:06:38,328 --> 01:06:40,038
- our counterterrorism efforts.
- 1291
- 01:06:40,122 --> 01:06:41,623
- It led us to bin Laden.
- 1292
- 01:06:43,208 --> 01:06:45,585
- Now, it's one thing
- to disapprove of the program.
- 1293
- 01:06:45,669 --> 01:06:47,295
- I-I welcome that conversation,
- 1294
- 01:06:47,379 --> 01:06:49,005
- but it's something else
- altogether
- 1295
- 01:06:49,089 --> 01:06:50,692
- to say that it was
- mismanaged and ineffective.
- 1296
- 01:06:50,716 --> 01:06:51,842
- Excuse me, Director Brennan.
- 1297
- 01:06:51,925 --> 01:06:54,553
- The report is
- based on CIA records.
- 1298
- 01:06:54,636 --> 01:06:57,180
- CIA officers themselves
- called it ineffective.
- 1299
- 01:06:57,264 --> 01:06:58,890
- CIA officers?
- 1300
- 01:06:58,974 --> 01:07:01,393
- Well, you didn't speak to any
- CIA officers in the program,
- 1301
- 01:07:01,476 --> 01:07:02,644
- did you, Dan?
- 1302
- 01:07:02,728 --> 01:07:05,105
- Your lawyers would not
- make them available to us
- 1303
- 01:07:05,188 --> 01:07:08,775
- because of the Department
- of Justice's criminal inquiry.
- 1304
- 01:07:08,859 --> 01:07:11,862
- We also disagree with
- the study's characterization of
- 1305
- 01:07:11,945 --> 01:07:16,283
- how the CIA briefed Congress,
- the White House and the press.
- 1306
- 01:07:16,366 --> 01:07:18,785
- Now, we have documentation
- that certainly proves that.
- 1307
- 01:07:18,869 --> 01:07:20,287
- Excuse me, sir, what documents?
- 1308
- 01:07:20,370 --> 01:07:21,663
- If the director is referencing
- 1309
- 01:07:21,747 --> 01:07:23,540
- cables or e-mails
- we were never shown,
- 1310
- 01:07:23,623 --> 01:07:25,223
- then that's a violation
- of our agreement.
- 1311
- 01:07:25,250 --> 01:07:27,753
- Everything was supposed
- to have been provided to us.
- 1312
- 01:07:27,836 --> 01:07:29,755
- Do we just give
- the committee access
- 1313
- 01:07:29,838 --> 01:07:31,715
- to the entire
- CIA computer system?
- 1314
- 01:07:31,798 --> 01:07:33,633
- Is that where this goes?
- 1315
- 01:07:33,717 --> 01:07:37,095
- Dan gets to read every e-mail,
- gets to see every document?
- 1316
- 01:07:37,179 --> 01:07:40,265
- Every relevant document
- or e-mail, yes.
- 1317
- 01:07:42,350 --> 01:07:45,228
- I have always supported
- the intelligence community.
- 1318
- 01:07:45,312 --> 01:07:50,066
- I broke with my own party
- to support the drone program,
- 1319
- 01:07:50,150 --> 01:07:52,986
- but what this report
- makes very clear
- 1320
- 01:07:53,069 --> 01:07:56,656
- is a real need for oversight
- and accountability.
- 1321
- 01:07:56,740 --> 01:07:59,618
- You asked for our response,
- and we gave it to you.
- 1322
- 01:07:59,701 --> 01:08:02,078
- We looked in the mirror.
- 1323
- 01:08:02,162 --> 01:08:05,040
- Now, uh, we made mistakes.
- 1324
- 01:08:05,123 --> 01:08:08,502
- There were abuses, and those
- abuses have been addressed.
- 1325
- 01:08:08,585 --> 01:08:11,963
- But I-I vehemently disagree
- with the narrative
- 1326
- 01:08:12,047 --> 01:08:14,049
- that you're trying
- to string together here.
- 1327
- 01:08:14,132 --> 01:08:15,759
- It lacks context.
- 1328
- 01:08:15,842 --> 01:08:17,719
- It does not paint
- an accurate picture
- 1329
- 01:08:17,803 --> 01:08:19,888
- of the work that was done.
- 1330
- 01:08:19,971 --> 01:08:21,556
- Let's go.
- 1331
- 01:08:21,640 --> 01:08:24,518
- Senator, John Brennan's
- name is in that report.
- 1332
- 01:08:24,601 --> 01:08:26,269
- He was Director Tenet's
- chief of staff
- 1333
- 01:08:26,353 --> 01:08:27,673
- and then
- deputy executive director
- 1334
- 01:08:27,729 --> 01:08:29,272
- when the program started.
- 1335
- 01:08:29,356 --> 01:08:31,000
- - He grew up at the Agency.
- - He claims to have
- 1336
- 01:08:31,024 --> 01:08:32,710
- - spoken out against the EIT program...
- - Where?
- 1337
- 01:08:32,734 --> 01:08:34,736
- I just spent five years
- looking at their e-mails.
- 1338
- 01:08:34,820 --> 01:08:36,620
- I never found anything
- to suggest that's true.
- 1339
- 01:08:36,696 --> 01:08:38,949
- Well, we knew
- this wasn't going to be easy.
- 1340
- 01:08:39,032 --> 01:08:42,035
- They have their own narrative,
- and they're gonna stick to it.
- 1341
- 01:08:42,118 --> 01:08:43,958
- Maybe we could come up
- with some middle ground,
- 1342
- 01:08:43,995 --> 01:08:46,122
- - find some common language.
- - I thought our job
- 1343
- 01:08:46,206 --> 01:08:47,767
- was to provide oversight
- and accountability,
- 1344
- 01:08:47,791 --> 01:08:49,626
- not middle ground.
- 1345
- 01:08:50,418 --> 01:08:52,504
- I have a question for you.
- 1346
- 01:08:52,587 --> 01:08:55,090
- Do you work for me
- or for the report?
- 1347
- 01:08:56,591 --> 01:09:01,012
- And I'd encourage you to think
- about that before answering.
- 1348
- 01:09:13,483 --> 01:09:15,569
- Dan!
- 1349
- 01:09:15,652 --> 01:09:17,696
- Dan Jones.
- 1350
- 01:09:17,779 --> 01:09:19,030
- There he is.
- 1351
- 01:09:19,114 --> 01:09:20,949
- Look at you, chief investigator
- 1352
- 01:09:21,032 --> 01:09:23,410
- of the largest study
- the Senate's ever conducted.
- 1353
- 01:09:23,493 --> 01:09:25,036
- My God. How you doing?
- 1354
- 01:09:25,120 --> 01:09:26,955
- It's good to see you
- in the fresh air.
- 1355
- 01:09:27,038 --> 01:09:28,432
- - Yeah.
- - It's so funny.
- 1356
- 01:09:28,456 --> 01:09:29,958
- I was just thinking
- the other night,
- 1357
- 01:09:30,041 --> 01:09:32,544
- do you remember that time
- you came and saw me,
- 1358
- 01:09:32,627 --> 01:09:34,170
- right after
- you got out of school?
- 1359
- 01:09:34,254 --> 01:09:36,214
- You said go get
- intel experience,
- 1360
- 01:09:36,298 --> 01:09:37,883
- wait till the Dems
- got the Senate back.
- 1361
- 01:09:39,301 --> 01:09:40,903
- Working for the
- Senate Intelligence Committee
- 1362
- 01:09:40,927 --> 01:09:42,387
- for Dianne Feinstein.
- 1363
- 01:09:42,470 --> 01:09:44,156
- You told me once you wanted
- to make a difference.
- 1364
- 01:09:44,180 --> 01:09:45,807
- I hope you still
- get that chance.
- 1365
- 01:09:45,891 --> 01:09:47,767
- - What does that mean?
- - What does that mean?
- 1366
- 01:09:47,851 --> 01:09:51,605
- It means, Dan, get out of the
- senator's head about the CIA.
- 1367
- 01:09:51,688 --> 01:09:53,607
- You're not doing yourself
- any favors.
- 1368
- 01:09:53,690 --> 01:09:55,150
- Have you read the report?
- 1369
- 01:09:55,233 --> 01:09:58,403
- It's 7,000 pages, Dan.
- 1370
- 01:09:58,486 --> 01:10:02,240
- The Bible tells the history
- of mankind in less than that.
- 1371
- 01:10:02,324 --> 01:10:05,744
- Look, buddy,
- 1372
- 01:10:05,827 --> 01:10:07,555
- we're gonna get the CIA
- to sit down with you,
- 1373
- 01:10:07,579 --> 01:10:09,956
- tell you
- their side of the story.
- 1374
- 01:10:10,040 --> 01:10:12,667
- It would help
- if you would listen.
- 1375
- 01:10:14,294 --> 01:10:16,463
- The study seems
- to most seriously diverge
- 1376
- 01:10:16,546 --> 01:10:19,507
- from the facts by asking
- the reader to believe
- 1377
- 01:10:19,591 --> 01:10:21,801
- the CIA withheld information
- 1378
- 01:10:21,885 --> 01:10:23,845
- from the executive branch
- and Congress.
- 1379
- 01:10:23,929 --> 01:10:27,057
- We'd like to see that
- removed from the report.
- 1380
- 01:10:27,140 --> 01:10:29,201
- After the photos of
- Abu Ghraib came out in 2004,
- 1381
- 01:10:29,225 --> 01:10:31,478
- Deputy Director McLaughlin
- appeared before Congress,
- 1382
- 01:10:31,561 --> 01:10:34,439
- in front of you, and said
- the CIA is not authorized
- 1383
- 01:10:34,522 --> 01:10:36,816
- to do anything like what
- you've seen in those photos.
- 1384
- 01:10:36,900 --> 01:10:38,860
- But what they were doing
- was even worse.
- 1385
- 01:10:38,944 --> 01:10:40,862
- Then in 2005,
- Senator Rockefeller
- 1386
- 01:10:40,946 --> 01:10:42,656
- called for a review
- of the program,
- 1387
- 01:10:42,739 --> 01:10:44,699
- and the deputy chief
- of Counterterrorism
- 1388
- 01:10:44,783 --> 01:10:46,493
- got nervous
- where that might lead.
- 1389
- 01:10:46,576 --> 01:10:48,787
- So he sent a message
- to senior leadership
- 1390
- 01:10:48,870 --> 01:10:51,373
- discussing the need
- to manage the situation.
- 1391
- 01:10:51,456 --> 01:10:55,293
- He said, "We either get out
- and sell, or we get hammered."
- 1392
- 01:10:55,377 --> 01:10:58,338
- Congress reads it,
- cuts our authorities,
- 1393
- 01:10:58,421 --> 01:10:59,798
- messes up our budget.
- 1394
- 01:10:59,881 --> 01:11:01,132
- We need to make sure
- 1395
- 01:11:01,216 --> 01:11:03,593
- "the impression of
- what we do is positive."
- 1396
- 01:11:03,677 --> 01:11:06,262
- This is the deputy chief
- of Counterterrorism.
- 1397
- 01:11:06,346 --> 01:11:08,848
- That all stays in.
- 1398
- 01:11:08,932 --> 01:11:11,059
- We fundamentally disagree
- with the assertion
- 1399
- 01:11:11,142 --> 01:11:13,979
- that the program was
- poorly managed and executed
- 1400
- 01:11:14,062 --> 01:11:17,565
- and that unqualified officers
- imposed brutal conditions,
- 1401
- 01:11:17,649 --> 01:11:20,652
- used unapproved techniques, and
- were rarely held accountable.
- 1402
- 01:11:20,735 --> 01:11:22,862
- What about Mitchell and Jessen?
- 1403
- 01:11:22,946 --> 01:11:26,658
- Mitchell's PhD thesis
- was on diet and exercise
- 1404
- 01:11:26,741 --> 01:11:28,368
- for controlling hypertension.
- 1405
- 01:11:28,451 --> 01:11:30,412
- Jessen's dissertation
- was on family therapy,
- 1406
- 01:11:30,495 --> 01:11:31,997
- something called
- family sculpting,
- 1407
- 01:11:32,080 --> 01:11:34,082
- where you make clay figures
- of your family members.
- 1408
- 01:11:34,165 --> 01:11:35,851
- - No. How much were they paid?
- - They had no experience
- 1409
- 01:11:35,875 --> 01:11:37,043
- in real-world interrogations.
- 1410
- 01:11:37,127 --> 01:11:38,586
- No science
- to back up their claims.
- 1411
- 01:11:38,670 --> 01:11:39,963
- They were allowed to assess
- 1412
- 01:11:40,046 --> 01:11:41,840
- the effectiveness
- of their own program
- 1413
- 01:11:41,923 --> 01:11:43,842
- without providing
- any scientific evidence.
- 1414
- 01:11:43,925 --> 01:11:45,385
- How much in total
- 1415
- 01:11:45,468 --> 01:11:48,555
- did the U.S. taxpayers
- give them for their work?
- 1416
- 01:11:48,638 --> 01:11:50,515
- Over $80 million.
- 1417
- 01:11:51,599 --> 01:11:54,394
- The Agency also disagrees that
- 1418
- 01:11:54,477 --> 01:11:57,605
- the Detention and Interrogation
- Program did not produce
- 1419
- 01:11:57,689 --> 01:11:59,566
- unique intelligence
- that disrupted plots
- 1420
- 01:11:59,649 --> 01:12:01,860
- and saved lives.
- 1421
- 01:12:01,943 --> 01:12:04,154
- For instance,
- the identity of José Padilla,
- 1422
- 01:12:04,237 --> 01:12:06,031
- the "dirty bomber."
- 1423
- 01:12:06,114 --> 01:12:07,615
- If we hadn't stopped Padilla,
- 1424
- 01:12:07,699 --> 01:12:11,161
- this entire area
- would be radioactive today.
- 1425
- 01:12:11,244 --> 01:12:12,871
- José Padilla!
- 1426
- 01:12:12,954 --> 01:12:15,790
- Padilla found the instructions
- for his dirty bomb online,
- 1427
- 01:12:15,874 --> 01:12:19,252
- in-in an article entitled
- "Making and owning an H-bomb
- 1428
- 01:12:19,335 --> 01:12:22,422
- is the kind of challenge
- real Americans seek."
- 1429
- 01:12:22,505 --> 01:12:25,383
- It says,
- "Fill two buckets with uranium
- 1430
- 01:12:25,467 --> 01:12:28,595
- and swing them above your head
- as fast as possible."
- 1431
- 01:12:28,678 --> 01:12:30,055
- It was a joke.
- 1432
- 01:12:30,138 --> 01:12:31,639
- As far as we can tell,
- 1433
- 01:12:31,723 --> 01:12:34,059
- everything they attribute
- to EITs they already had,
- 1434
- 01:12:34,142 --> 01:12:36,770
- from other sources,
- from foreign governments,
- 1435
- 01:12:36,853 --> 01:12:38,313
- from other methods.
- 1436
- 01:12:38,396 --> 01:12:40,899
- They claim they saved lives,
- but what they really did
- 1437
- 01:12:40,982 --> 01:12:42,692
- was make it impossible
- to prosecute
- 1438
- 01:12:42,776 --> 01:12:45,945
- a mass murderer like KSM,
- because if what we did to him
- 1439
- 01:12:46,029 --> 01:12:48,823
- ever came out in a court
- of law, the case is over.
- 1440
- 01:12:48,907 --> 01:12:52,077
- The guy planned 9/11,
- and instead of going to jail
- 1441
- 01:12:52,160 --> 01:12:54,537
- for the rest of his life,
- the CIA turned him into
- 1442
- 01:12:54,621 --> 01:12:57,791
- a recruiting tool
- for a war we're still fighting.
- 1443
- 01:13:01,461 --> 01:13:03,671
- Stop meeting with them.
- 1444
- 01:13:10,095 --> 01:13:13,223
- This is a remarkable document
- you've created.
- 1445
- 01:13:13,306 --> 01:13:15,058
- Truly.
- 1446
- 01:13:15,141 --> 01:13:18,645
- It will provide
- an enduring history,
- 1447
- 01:13:18,728 --> 01:13:21,397
- whether it comes out or not.
- 1448
- 01:13:26,319 --> 01:13:28,780
- What does that mean, "w-whether
- it comes out or not"?
- 1449
- 01:13:28,863 --> 01:13:31,116
- What does she mean?
- 1450
- 01:13:31,199 --> 01:13:32,742
- What does that mean?
- 1451
- 01:13:32,826 --> 01:13:34,428
- We've been working on this
- thing for nearly five years.
- 1452
- 01:13:34,452 --> 01:13:37,956
- Yes, and it is still
- our word against theirs.
- 1453
- 01:13:38,039 --> 01:13:39,624
- She's gonna need more than that.
- 1454
- 01:13:56,683 --> 01:13:57,851
- This is Jones.
- 1455
- 01:13:57,934 --> 01:13:59,602
- Hey, Dan, this is Evan Tanner.
- 1456
- 01:13:59,686 --> 01:14:03,231
- Um, I hear rumors the report
- might not be coming out now.
- 1457
- 01:14:03,314 --> 01:14:05,024
- A lot of pushback
- from the Agency.
- 1458
- 01:14:05,108 --> 01:14:07,944
- - They're calling it "flawed."
- - Who told you that?
- 1459
- 01:14:08,027 --> 01:14:11,072
- Dan, I'm the
- national security reporter
- 1460
- 01:14:11,156 --> 01:14:12,448
- for The New York Times.
- 1461
- 01:14:12,532 --> 01:14:14,492
- Do you have any thoughts?
- 1462
- 01:14:14,576 --> 01:14:17,829
- It's not
- my place to talk about rumors.
- 1463
- 01:14:17,912 --> 01:14:19,414
- No, I didn't think you would.
- 1464
- 01:14:19,497 --> 01:14:21,499
- I was wondering
- if you might want to comment.
- 1465
- 01:14:21,583 --> 01:14:25,128
- Uh, it can be off the record.
- 1466
- 01:14:25,211 --> 01:14:29,174
- I just think we can
- help each other here.
- 1467
- 01:14:29,257 --> 01:14:31,843
- You know I can't do that.
- 1468
- 01:14:33,511 --> 01:14:36,681
- And here's what we know
- about Caroline Krass:
- 1469
- 01:14:36,764 --> 01:14:38,266
- 20 years
- in the executive branch,
- 1470
- 01:14:38,349 --> 01:14:39,809
- including the
- Office of Legal Counsel
- 1471
- 01:14:39,893 --> 01:14:41,477
- where she worked with John Yoo.
- 1472
- 01:14:41,561 --> 01:14:44,189
- Guys, this
- confirmation's a done deal.
- 1473
- 01:14:44,272 --> 01:14:46,065
- We're not gonna stop it.
- 1474
- 01:14:46,149 --> 01:14:49,986
- But it is a public hearing,
- and it just seems like
- 1475
- 01:14:50,069 --> 01:14:52,030
- there's an opportunity
- to say something.
- 1476
- 01:14:52,113 --> 01:14:54,782
- Wh-What are you
- looking for, Senator?
- 1477
- 01:14:54,866 --> 01:14:57,368
- I don't know, something
- to move the study forward,
- 1478
- 01:14:57,452 --> 01:15:00,371
- to break us
- out of this stalemate.
- 1479
- 01:15:02,707 --> 01:15:03,958
- Any ideas?
- 1480
- 01:15:09,088 --> 01:15:10,715
- Senator, there is a document.
- 1481
- 01:15:50,296 --> 01:15:51,923
- You ever sleep, bro?
- 1482
- 01:15:52,006 --> 01:15:53,883
- I used to.
- 1483
- 01:15:53,967 --> 01:15:55,843
- Got in the way of work.
- 1484
- 01:15:55,927 --> 01:15:58,638
- Anything in that bag contain
- the real names of CIA officers,
- 1485
- 01:15:58,721 --> 01:16:00,848
- assets or partners,
- or any information
- 1486
- 01:16:00,932 --> 01:16:03,101
- that would be in violation
- of the agreement between
- 1487
- 01:16:03,184 --> 01:16:05,895
- the Central Intelligence Agency
- and the United States Senate?
- 1488
- 01:16:05,979 --> 01:16:08,690
- - Have a good night, Jay.
- - You, too, Dan.
- 1489
- 01:17:01,326 --> 01:17:03,328
- The committee
- will come to order.
- 1490
- 01:17:05,121 --> 01:17:07,707
- Today, we are gathered
- for the confirmation hearing
- 1491
- 01:17:07,790 --> 01:17:12,378
- of Caroline Krass to be
- general counsel of the CIA.
- 1492
- 01:17:12,462 --> 01:17:14,964
- Welcome, Ms. Krass.
- 1493
- 01:17:15,048 --> 01:17:17,216
- I'm honored to be here
- before the committee,
- 1494
- 01:17:17,300 --> 01:17:20,178
- and I'd like to take this
- moment to acknowledge my family
- 1495
- 01:17:20,261 --> 01:17:22,638
- and thank them
- for their support.
- 1496
- 01:17:22,722 --> 01:17:24,140
- Thank you.
- 1497
- 01:17:24,223 --> 01:17:26,809
- Uh, before we begin,
- I would like to remind members
- 1498
- 01:17:26,893 --> 01:17:29,395
- not to discuss classified topics
- 1499
- 01:17:29,479 --> 01:17:33,483
- or ask questions which require
- a classified answer.
- 1500
- 01:17:33,566 --> 01:17:36,444
- With that said,
- I turn to Senator Udall.
- 1501
- 01:17:36,527 --> 01:17:38,446
- Ms. Krass,
- nice to see you again.
- 1502
- 01:17:38,529 --> 01:17:40,239
- We had a chance
- to sit down last week
- 1503
- 01:17:40,323 --> 01:17:41,616
- and discuss the Senate's study
- 1504
- 01:17:41,699 --> 01:17:43,993
- on the Detention
- and Interrogation Program.
- 1505
- 01:17:44,077 --> 01:17:49,415
- You told me you found the study
- to be hard reading.
- 1506
- 01:17:49,499 --> 01:17:51,459
- Also, last week,
- a number of articles appeared
- 1507
- 01:17:51,542 --> 01:17:53,503
- discussing
- the one-year anniversary
- 1508
- 01:17:53,586 --> 01:17:55,505
- of the vote to approve
- the committee's study.
- 1509
- 01:17:55,588 --> 01:17:57,548
- And in one of those articles,
- 1510
- 01:17:57,632 --> 01:18:01,469
- the CIA claimed to have found
- significant errors.
- 1511
- 01:18:01,552 --> 01:18:04,555
- Now, I got to tell you, I don't
- believe that is accurate.
- 1512
- 01:18:04,639 --> 01:18:07,767
- In fact,
- I'm more confident than ever
- 1513
- 01:18:07,850 --> 01:18:11,771
- in the factual accuracy
- of the committee's study.
- 1514
- 01:18:11,854 --> 01:18:16,025
- I'm more confident than ever.
- 1515
- 01:18:17,276 --> 01:18:19,445
- It appears that the CIA
- performed their own study
- 1516
- 01:18:19,529 --> 01:18:24,033
- of the EIT program, initiated
- by former Director Panetta.
- 1517
- 01:18:24,117 --> 01:18:26,452
- And the findings
- 1518
- 01:18:26,536 --> 01:18:28,871
- in that review
- are entirely consistent
- 1519
- 01:18:28,955 --> 01:18:33,167
- with our committee's report,
- but amazingly conflicts with
- 1520
- 01:18:33,251 --> 01:18:35,336
- the CIA's official response
- to that report.
- 1521
- 01:18:38,172 --> 01:18:41,634
- So, why is a review
- the CIA conducted internally,
- 1522
- 01:18:41,717 --> 01:18:45,680
- and never revealed to Congress,
- so different from
- 1523
- 01:18:45,763 --> 01:18:49,350
- the CIA's formal response
- to the committee's report?
- 1524
- 01:18:49,434 --> 01:18:51,644
- Do you have an answer for that?
- 1525
- 01:18:52,395 --> 01:18:56,065
- Um, not at this time.
- 1526
- 01:19:01,446 --> 01:19:04,490
- If I wanted the public to know
- about the Panetta review,
- 1527
- 01:19:04,574 --> 01:19:06,159
- I would have told them myself.
- 1528
- 01:19:06,242 --> 01:19:07,743
- We hear that the Republicans
- 1529
- 01:19:07,827 --> 01:19:09,304
- are gonna censure Udall
- for that performance.
- 1530
- 01:19:09,328 --> 01:19:10,806
- But the review proves our point.
- 1531
- 01:19:10,830 --> 01:19:12,373
- They found
- the same things we did.
- 1532
- 01:19:12,457 --> 01:19:14,500
- The Agency didn't know
- how or where to hold people,
- 1533
- 01:19:14,584 --> 01:19:16,210
- didn't know
- how to interrogate people,
- 1534
- 01:19:16,294 --> 01:19:18,588
- and, more importantly,
- the CIA did give it to us.
- 1535
- 01:19:18,671 --> 01:19:21,007
- I don't know
- if it was an accident
- 1536
- 01:19:21,090 --> 01:19:22,550
- or it was a whistle-blower.
- 1537
- 01:19:22,633 --> 01:19:24,093
- Well, if it was
- a whistle-blower,
- 1538
- 01:19:24,177 --> 01:19:26,554
- you may have just exposed them.
- 1539
- 01:19:26,637 --> 01:19:28,848
- Not to mention yourself.
- 1540
- 01:20:25,863 --> 01:20:27,949
- We got something here.
- 1541
- 01:20:28,032 --> 01:20:29,951
- The director
- has asked me here today
- 1542
- 01:20:30,034 --> 01:20:32,411
- in my capacity
- as Agency legal counsel.
- 1543
- 01:20:32,495 --> 01:20:36,999
- What we have to discuss
- has serious implications.
- 1544
- 01:20:37,083 --> 01:20:38,209
- All right.
- 1545
- 01:20:38,292 --> 01:20:39,728
- We have proof that the staff
- 1546
- 01:20:39,752 --> 01:20:41,420
- of the Senate
- Intelligence Committee
- 1547
- 01:20:41,504 --> 01:20:44,006
- illegally gained access
- to the CIA's computer network
- 1548
- 01:20:44,090 --> 01:20:46,008
- and obtained
- classified documents.
- 1549
- 01:20:47,093 --> 01:20:48,261
- What kind of proof?
- 1550
- 01:20:48,344 --> 01:20:50,012
- We found the document
- in question
- 1551
- 01:20:50,096 --> 01:20:52,014
- on Daniel Jones's computer.
- 1552
- 01:20:52,098 --> 01:20:55,226
- We did not provide it to him
- or to the committee.
- 1553
- 01:20:55,309 --> 01:20:59,188
- If he didn't hack us,
- how did it get there?
- 1554
- 01:20:59,272 --> 01:21:02,817
- We feel that Jones and his team
- need to be disciplined.
- 1555
- 01:21:04,527 --> 01:21:06,571
- Immediate dismissal is in order,
- 1556
- 01:21:06,654 --> 01:21:09,115
- at a minimum, I would think.
- 1557
- 01:21:10,700 --> 01:21:14,662
- John, are you saying that you
- broke into the computer system
- 1558
- 01:21:14,745 --> 01:21:16,414
- of the United States Senate?
- 1559
- 01:21:16,497 --> 01:21:18,257
- We never gave you clearance
- on that document.
- 1560
- 01:21:18,291 --> 01:21:22,044
- It was classified, yet
- you chose to make it public.
- 1561
- 01:21:22,128 --> 01:21:23,730
- We've made our investigation
- and our findings
- 1562
- 01:21:23,754 --> 01:21:24,839
- known to the White House.
- 1563
- 01:21:24,922 --> 01:21:27,675
- You're fucking kidding me.
- 1564
- 01:21:29,093 --> 01:21:30,928
- They're saying I broke into
- 1565
- 01:21:31,012 --> 01:21:34,015
- the most top secret
- computer system in the world?
- 1566
- 01:21:34,098 --> 01:21:36,183
- - Brennan and Eastman came over...
- - Eastman?
- 1567
- 01:21:36,267 --> 01:21:38,161
- Eastman's name is in the report
- over a thousand times.
- 1568
- 01:21:38,185 --> 01:21:40,605
- - That's not a conflict?
- - Dan.
- 1569
- 01:21:40,688 --> 01:21:43,441
- They filed a criminal referral
- against you.
- 1570
- 01:21:43,524 --> 01:21:45,901
- They want you gone.
- 1571
- 01:21:48,904 --> 01:21:51,574
- H-How did the Agency
- come to the conclusion
- 1572
- 01:21:51,657 --> 01:21:52,825
- that I'm a hacker?
- 1573
- 01:21:52,908 --> 01:21:54,708
- H-How do they even know
- what's on my computer?
- 1574
- 01:21:54,744 --> 01:21:56,495
- They say
- they conducted a search.
- 1575
- 01:21:56,579 --> 01:21:58,039
- Of the United States Senate?
- 1576
- 01:21:58,122 --> 01:21:59,933
- The whole reason
- this committee was established
- 1577
- 01:21:59,957 --> 01:22:01,876
- in the first place
- was to stop the CIA
- 1578
- 01:22:01,959 --> 01:22:03,252
- from spying on U.S. citizens.
- 1579
- 01:22:03,336 --> 01:22:04,938
- The senator is talking
- to Harry Reid about
- 1580
- 01:22:04,962 --> 01:22:06,690
- - that very thing...
- - Did they go into that room?
- 1581
- 01:22:06,714 --> 01:22:08,609
- That room is off-limits. Did
- they go into that fucking room?
- 1582
- 01:22:08,633 --> 01:22:10,301
- I don't know.
- 1583
- 01:22:11,636 --> 01:22:13,262
- I don't know.
- 1584
- 01:22:14,889 --> 01:22:17,433
- I do know that the Republicans
- are gonna run with this.
- 1585
- 01:22:17,516 --> 01:22:19,477
- They're gonna use it
- to discredit the report.
- 1586
- 01:22:19,560 --> 01:22:21,937
- They're gonna
- use it to discredit you.
- 1587
- 01:22:23,606 --> 01:22:26,067
- Dan, they're accusing you
- of breaking the law.
- 1588
- 01:22:26,150 --> 01:22:27,735
- You're gonna need a lawyer.
- 1589
- 01:22:32,782 --> 01:22:34,992
- There's a saying at the Agency:
- 1590
- 01:22:35,076 --> 01:22:36,369
- "Admit nothing,
- 1591
- 01:22:36,452 --> 01:22:38,537
- deny everything,
- make counteraccusations."
- 1592
- 01:22:38,621 --> 01:22:40,748
- That's what they're doing.
- 1593
- 01:22:40,831 --> 01:22:42,708
- The CIA is
- investigating you for...
- 1594
- 01:22:42,792 --> 01:22:44,936
- They're the ones who
- should be investigated, not me.
- 1595
- 01:22:44,960 --> 01:22:47,546
- Mr. Jones?
- Mr. Clifford will see you now.
- 1596
- 01:22:47,630 --> 01:22:49,173
- Our computer system
- 1597
- 01:22:49,256 --> 01:22:52,051
- isn't even connected
- to the CIA mainframe.
- 1598
- 01:22:52,134 --> 01:22:53,844
- So did I just go over to Langley
- 1599
- 01:22:53,928 --> 01:22:55,096
- and break in on a weekend?
- 1600
- 01:22:55,179 --> 01:22:56,972
- Seems unlikely.
- 1601
- 01:22:57,056 --> 01:22:58,974
- So what evidence do they have?
- 1602
- 01:22:59,058 --> 01:23:01,060
- A document.
- 1603
- 01:23:02,144 --> 01:23:04,480
- A document?
- What kind of a document?
- 1604
- 01:23:07,274 --> 01:23:08,984
- I can't tell you that.
- 1605
- 01:23:09,068 --> 01:23:12,029
- Because, what, it's classified?
- 1606
- 01:23:12,113 --> 01:23:14,198
- I was tasked
- to lead an investigation
- 1607
- 01:23:14,281 --> 01:23:16,701
- into a CIA program
- they started after 9/11,
- 1608
- 01:23:16,784 --> 01:23:19,036
- what they called
- enhanced interrogation.
- 1609
- 01:23:19,120 --> 01:23:23,124
- And I assume your work
- is critical of the Agency?
- 1610
- 01:23:25,501 --> 01:23:27,795
- You know, Dan, a lot of people
- in this country
- 1611
- 01:23:27,878 --> 01:23:29,505
- felt the CIA was
- justified in doing
- 1612
- 01:23:29,588 --> 01:23:31,465
- whatever they had to do
- to keep us safe.
- 1613
- 01:23:31,549 --> 01:23:33,801
- I have friends
- who lost people that day.
- 1614
- 01:23:33,884 --> 01:23:36,470
- And a lot of people watch 24
- on Thursday nights
- 1615
- 01:23:36,554 --> 01:23:38,139
- and hear Jack Bauer say,
- 1616
- 01:23:38,222 --> 01:23:39,822
- "I don't want to bypass
- the Constitution,
- 1617
- 01:23:39,849 --> 01:23:41,559
- but these are
- extraordinary circumstances,"
- 1618
- 01:23:41,642 --> 01:23:43,978
- just before, you know,
- he s-sticks a knife in them
- 1619
- 01:23:44,061 --> 01:23:45,604
- and makes them give up a plot.
- 1620
- 01:23:45,688 --> 01:23:47,606
- It-it doesn't work that way.
- 1621
- 01:23:48,691 --> 01:23:52,027
- Well, as Winston Churchill said,
- 1622
- 01:23:52,111 --> 01:23:55,030
- "History is written
- by the victors."
- 1623
- 01:23:57,116 --> 01:23:59,452
- Churchill didn't really
- say that; Hermann Goring did.
- 1624
- 01:23:59,535 --> 01:24:01,829
- And what he said was,
- "We will go down in history"
- 1625
- 01:24:01,912 --> 01:24:03,706
- either as the world's
- greatest statesmen
- 1626
- 01:24:03,789 --> 01:24:05,374
- "or its worst villains."
- 1627
- 01:24:05,458 --> 01:24:08,753
- So your report is
- gonna determine that:
- 1628
- 01:24:08,836 --> 01:24:10,504
- statesmen or villains?
- 1629
- 01:24:14,049 --> 01:24:17,595
- How long have you been
- working on this project, Dan?
- 1630
- 01:24:17,678 --> 01:24:19,805
- Five years.
- 1631
- 01:24:19,889 --> 01:24:22,683
- Five years,
- and it could all go away,
- 1632
- 01:24:22,767 --> 01:24:26,395
- just vanish in the face
- of these allegations.
- 1633
- 01:24:26,479 --> 01:24:27,897
- I can certainly imagine
- 1634
- 01:24:27,980 --> 01:24:30,608
- an ambitious young man
- like yourself spends years
- 1635
- 01:24:30,691 --> 01:24:33,861
- with his head buried
- in some terrible spectacle,
- 1636
- 01:24:33,944 --> 01:24:36,071
- gets frustrated
- with the process,
- 1637
- 01:24:36,155 --> 01:24:38,908
- sees an opportunity
- to get the truth out faster,
- 1638
- 01:24:38,991 --> 01:24:40,242
- maybe crosses a line.
- 1639
- 01:24:40,326 --> 01:24:41,970
- I'm assuming this is
- the most important thing
- 1640
- 01:24:41,994 --> 01:24:43,805
- - you've ever been a part of.
- - I didn't do it.
- 1641
- 01:24:43,829 --> 01:24:45,456
- Or I can see
- an equally ambitious senator
- 1642
- 01:24:45,539 --> 01:24:46,808
- encouraging you to do something.
- 1643
- 01:24:46,832 --> 01:24:48,501
- Now would be
- a good time to tell me.
- 1644
- 01:24:48,584 --> 01:24:49,919
- That did not happen.
- 1645
- 01:24:50,002 --> 01:24:51,796
- What I did, I did on my own.
- I acted alone.
- 1646
- 01:24:51,879 --> 01:24:53,690
- - So you did steal the document?
- - I did not steal it.
- 1647
- 01:24:53,714 --> 01:24:55,066
- - You needed it to...
- - I relocated it.
- 1648
- 01:24:55,090 --> 01:24:56,175
- I put it in a safe.
- 1649
- 01:24:56,258 --> 01:24:58,302
- If they had a way
- of destroying tapes,
- 1650
- 01:24:58,385 --> 01:24:59,905
- - then surely they could get...
- - Everyone has their own words.
- 1651
- 01:24:59,929 --> 01:25:01,597
- The language is built
- to choose sides.
- 1652
- 01:25:01,680 --> 01:25:03,974
- Now, why did you relocate it?
- 1653
- 01:25:08,270 --> 01:25:10,856
- Documents had a way of
- disappearing off the server.
- 1654
- 01:25:10,940 --> 01:25:14,443
- For instance, in 2010,
- over 800 documents
- 1655
- 01:25:14,527 --> 01:25:17,488
- just vanished
- without any explanation.
- 1656
- 01:25:17,571 --> 01:25:20,199
- So you had computer issues
- all along.
- 1657
- 01:25:21,367 --> 01:25:23,160
- Who else knew
- what was on the computers?
- 1658
- 01:25:23,244 --> 01:25:25,996
- Well, the CIA hired an outside
- firm to vet the documents:
- 1659
- 01:25:27,414 --> 01:25:29,333
- And CACI was also involved.
- 1660
- 01:25:29,416 --> 01:25:31,210
- - Who are they?
- - Contractors.
- 1661
- 01:25:31,293 --> 01:25:33,087
- But Jim Pavitt
- is on their board.
- 1662
- 01:25:34,630 --> 01:25:37,007
- Former deputy director
- of operations for the CIA,
- 1663
- 01:25:37,091 --> 01:25:40,261
- Jim Pavitt, during the program,
- Jim Pavitt.
- 1664
- 01:25:40,344 --> 01:25:42,179
- And is he named in the report?
- 1665
- 01:25:43,472 --> 01:25:44,765
- Can't tell me.
- 1666
- 01:25:46,016 --> 01:25:48,727
- So they can't destroy
- the document.
- 1667
- 01:25:48,811 --> 01:25:51,897
- Then they can go after
- THE NEXT BEST THING: you.
- 1668
- 01:25:51,981 --> 01:25:54,108
- Make you a zealot.
- 1669
- 01:25:54,191 --> 01:25:57,278
- Anything you touch is tainted.
- 1670
- 01:25:57,361 --> 01:25:59,780
- I could see the Agency saying
- that this is a violation
- 1671
- 01:25:59,864 --> 01:26:04,577
- of the Espionage Act, the...
- Computer Fraud and Abuse Act,
- 1672
- 01:26:04,660 --> 01:26:06,871
- uh, who knows what else.
- 1673
- 01:26:06,954 --> 01:26:08,873
- And if they file
- a charge against me,
- 1674
- 01:26:08,956 --> 01:26:10,749
- how long could I go away for?
- 1675
- 01:26:10,833 --> 01:26:13,836
- I don't know.
- 20 years, maybe more.
- 1676
- 01:26:23,929 --> 01:26:27,474
- I did not hack into
- the CIA computer system.
- 1677
- 01:26:29,476 --> 01:26:33,480
- I mean, my com... my computer
- skills stop at Microsoft Word.
- 1678
- 01:26:33,564 --> 01:26:35,274
- They probably know that.
- 1679
- 01:26:36,942 --> 01:26:39,194
- How much does
- a Senate staffer make?
- 1680
- 01:26:39,278 --> 01:26:41,030
- At my level?
- About-about a hundred grand.
- 1681
- 01:26:41,113 --> 01:26:43,657
- Any retirement, savings,
- family money?
- 1682
- 01:26:43,741 --> 01:26:45,951
- No.
- 1683
- 01:26:46,035 --> 01:26:48,454
- So, we should discuss
- my retainer.
- 1684
- 01:26:48,537 --> 01:26:50,915
- - How much is that?
- - $30,000 to start.
- 1685
- 01:26:50,998 --> 01:26:53,584
- And if it goes to trial,
- add a zero.
- 1686
- 01:26:55,336 --> 01:26:56,795
- Nothing could make them happier
- 1687
- 01:26:56,879 --> 01:26:59,298
- than knowing you're
- sitting here talking to me.
- 1688
- 01:26:59,381 --> 01:27:00,925
- That's what they want, Dan.
- 1689
- 01:27:01,008 --> 01:27:05,179
- Make you bleed money
- all over my floor.
- 1690
- 01:27:05,262 --> 01:27:08,265
- Do you want my expert opinion,
- for free?
- 1691
- 01:27:08,349 --> 01:27:11,769
- You don't really have
- a legal problem.
- 1692
- 01:27:11,852 --> 01:27:14,063
- You have a sunlight problem.
- 1693
- 01:27:14,146 --> 01:27:17,775
- I'm sure you know people
- who can help you solve it.
- 1694
- 01:27:31,705 --> 01:27:33,248
- Daniel Jones.
- 1695
- 01:27:33,332 --> 01:27:34,768
- I didn't think
- you'd ever return my calls.
- 1696
- 01:27:34,792 --> 01:27:36,232
- Does your boss know
- you're talking to
- 1697
- 01:27:36,293 --> 01:27:38,003
- a guy with a byline
- and a tape recorder?
- 1698
- 01:27:38,087 --> 01:27:39,397
- There's something going on
- I think you should look into.
- 1699
- 01:27:39,421 --> 01:27:41,715
- It involves the Agency.
- 1700
- 01:27:43,384 --> 01:27:45,928
- Okay. Is it that report
- you've been working on,
- 1701
- 01:27:46,011 --> 01:27:47,596
- the one that
- never quite comes out?
- 1702
- 01:27:47,680 --> 01:27:50,557
- Computers. It has to do with
- the hacking of computers.
- 1703
- 01:27:50,641 --> 01:27:52,977
- All right, whose?
- 1704
- 01:27:54,687 --> 01:27:56,939
- The United States Senate.
- 1705
- 01:27:57,022 --> 01:27:59,358
- Someone hacked into the Senate?
- 1706
- 01:28:01,443 --> 01:28:03,153
- No shit? Okay.
- 1707
- 01:28:03,237 --> 01:28:06,240
- You have any idea if it was
- foreign or domestic?
- 1708
- 01:28:06,323 --> 01:28:08,033
- Uh, all right, yes, you...
- 1709
- 01:28:08,117 --> 01:28:09,702
- Sorry, you said
- it was the Agency.
- 1710
- 01:28:09,785 --> 01:28:11,787
- So what-what does the CIA
- 1711
- 01:28:11,870 --> 01:28:13,306
- have to do with
- U.S. Senate computers?
- 1712
- 01:28:13,330 --> 01:28:14,683
- Evan, you're the
- national security reporter
- 1713
- 01:28:14,707 --> 01:28:15,707
- for The New York Times.
- 1714
- 01:28:15,749 --> 01:28:18,460
- You can figure it out.
- All right?
- 1715
- 01:28:21,130 --> 01:28:22,881
- Hmm.
- 1716
- 01:28:23,841 --> 01:28:25,050
- Morning, Senator.
- 1717
- 01:28:25,134 --> 01:28:26,593
- You wanted to see me?
- 1718
- 01:28:26,677 --> 01:28:28,595
- You know anything about this?
- 1719
- 01:28:28,679 --> 01:28:33,017
- "Computer Searches at Center
- of Dispute on CIA Detentions."
- 1720
- 01:28:33,100 --> 01:28:34,977
- You have any idea
- how that ended up
- 1721
- 01:28:35,060 --> 01:28:36,895
- - in The New York Times?
- - Yeah, I saw that.
- 1722
- 01:28:36,979 --> 01:28:38,522
- It looks accurate.
- 1723
- 01:28:38,605 --> 01:28:41,400
- Senator McCain is already
- calling the CIA a rogue agency.
- 1724
- 01:28:41,483 --> 01:28:42,776
- What are your thoughts on
- 1725
- 01:28:42,860 --> 01:28:45,446
- someone like
- Edward Snowden, Dan?
- 1726
- 01:28:45,529 --> 01:28:48,323
- W-Well, Senator, I know
- how you feel about leaks.
- 1727
- 01:28:48,407 --> 01:28:50,993
- I think he's a traitor,
- plain and simple.
- 1728
- 01:28:51,076 --> 01:28:52,828
- It's my job to provide oversight
- 1729
- 01:28:52,911 --> 01:28:54,455
- with the tools of governance,
- 1730
- 01:28:54,538 --> 01:28:57,416
- not lights and cameras
- and headlines.
- 1731
- 01:29:01,837 --> 01:29:03,714
- Do you want me to resign?
- 1732
- 01:29:07,426 --> 01:29:09,261
- No.
- 1733
- 01:29:09,344 --> 01:29:12,222
- But I think I might need you
- to write me a speech.
- 1734
- 01:29:16,310 --> 01:29:18,353
- Senator Feinstein claimed today
- 1735
- 01:29:18,437 --> 01:29:21,732
- on the Senate floor
- that the CIA hacked
- 1736
- 01:29:21,815 --> 01:29:23,609
- the Senate Intelligence
- Committee's computers
- 1737
- 01:29:23,692 --> 01:29:26,153
- to thwart an investigation
- into past practices.
- 1738
- 01:29:26,236 --> 01:29:27,654
- Can you respond to that?
- 1739
- 01:29:27,738 --> 01:29:31,116
- Well, first,
- we in no way, shape or form
- 1740
- 01:29:31,200 --> 01:29:34,161
- tried to thwart
- the release of the report.
- 1741
- 01:29:34,244 --> 01:29:36,830
- Uh, we want that behind us.
- 1742
- 01:29:36,914 --> 01:29:39,666
- As far as this allegation
- that the CIA
- 1743
- 01:29:39,750 --> 01:29:42,503
- somehow hacked into
- the Senate computer system,
- 1744
- 01:29:42,586 --> 01:29:46,548
- nothing could be
- further from the truth.
- 1745
- 01:29:46,632 --> 01:29:49,009
- We just wouldn't do that.
- 1746
- 01:29:49,093 --> 01:29:51,095
- It's beyond the scope of reason.
- 1747
- 01:30:01,647 --> 01:30:03,398
- Thank you.
- 1748
- 01:30:03,482 --> 01:30:05,192
- I understand
- your position, Senator,
- 1749
- 01:30:05,275 --> 01:30:07,736
- and I am aware of
- Director Brennan's comments.
- 1750
- 01:30:07,820 --> 01:30:09,820
- Did you hear what Lindsey
- Graham said this morning,
- 1751
- 01:30:09,863 --> 01:30:12,741
- about the Agency
- breaking into our computers?
- 1752
- 01:30:12,825 --> 01:30:15,994
- "The legislative branch
- should declare war on the CIA.
- 1753
- 01:30:16,078 --> 01:30:19,665
- Heads should roll,
- people should go to jail."
- 1754
- 01:30:19,748 --> 01:30:23,085
- Is that what you want?
- Send people to jail?
- 1755
- 01:30:23,168 --> 01:30:25,796
- We do have jails for a reason.
- 1756
- 01:30:25,879 --> 01:30:28,048
- The Justice Department
- investigated the CIA,
- 1757
- 01:30:28,132 --> 01:30:29,883
- and they decided
- not to prosecute.
- 1758
- 01:30:29,967 --> 01:30:32,177
- It's their call, not ours.
- 1759
- 01:30:32,261 --> 01:30:34,638
- Now, when this administration
- took office,
- 1760
- 01:30:34,721 --> 01:30:36,265
- we faced
- the very real possibility
- 1761
- 01:30:36,348 --> 01:30:38,767
- of economic collapse.
- 1762
- 01:30:40,394 --> 01:30:42,604
- Do we spend our political
- capital on going around
- 1763
- 01:30:42,688 --> 01:30:45,440
- trying to find people to blame,
- or do we solve the problem?
- 1764
- 01:30:45,524 --> 01:30:47,359
- Maybe the way
- to solve the problem
- 1765
- 01:30:47,442 --> 01:30:49,778
- is to hold people accountable.
- 1766
- 01:30:49,862 --> 01:30:52,489
- Do you ever wonder
- why history repeats itself?
- 1767
- 01:30:52,573 --> 01:30:54,116
- Well, I think maybe it's because
- 1768
- 01:30:54,199 --> 01:30:55,742
- we don't always listen
- the first time.
- 1769
- 01:30:55,826 --> 01:30:59,204
- Senator, the people at the
- Agency... they have families.
- 1770
- 01:30:59,288 --> 01:31:02,166
- There are children
- who might lose a parent.
- 1771
- 01:31:04,668 --> 01:31:09,173
- Years ago, some radical group
- put a bomb in the flower box
- 1772
- 01:31:09,256 --> 01:31:12,551
- outside of my daughter's
- bedroom window, right out here.
- 1773
- 01:31:12,634 --> 01:31:15,429
- Had it been any warmer out,
- it would have exploded.
- 1774
- 01:31:15,512 --> 01:31:16,889
- And then there was the time
- 1775
- 01:31:16,972 --> 01:31:21,018
- that I found Harvey Milk
- shot to death in his office.
- 1776
- 01:31:21,101 --> 01:31:24,062
- I-I think I'm aware of
- the risks of public service.
- 1777
- 01:31:24,146 --> 01:31:27,274
- President Obama
- ended the torture program
- 1778
- 01:31:27,357 --> 01:31:29,735
- three days after taking office.
- 1779
- 01:31:29,818 --> 01:31:34,406
- The EITs, what the CIA did...
- That is not our mess.
- 1780
- 01:31:34,489 --> 01:31:35,991
- No, it's not,
- 1781
- 01:31:36,074 --> 01:31:39,578
- but that's not the question
- we're asking, is it?
- 1782
- 01:31:39,661 --> 01:31:43,957
- Who is going to clean it up?
- 1783
- 01:31:44,041 --> 01:31:45,626
- So let's do that.
- 1784
- 01:31:45,709 --> 01:31:50,505
- Right after Director Brennan
- apologizes to me and my staff.
- 1785
- 01:31:52,174 --> 01:31:53,842
- The inspector general is here.
- 1786
- 01:31:53,926 --> 01:31:55,636
- Go ahead in.
- 1787
- 01:31:55,719 --> 01:31:59,681
- In regards to the CIA
- search of Senate computers,
- 1788
- 01:31:59,765 --> 01:32:01,642
- we've looked into the matter
- 1789
- 01:32:01,725 --> 01:32:04,937
- and have recommended
- that the Department of Justice
- 1790
- 01:32:05,020 --> 01:32:06,980
- begin a criminal investigation.
- 1791
- 01:32:07,064 --> 01:32:08,064
- Good.
- 1792
- 01:32:08,106 --> 01:32:09,816
- So have we.
- 1793
- 01:32:09,900 --> 01:32:12,277
- Dan Jones,
- lead Senate investigator.
- 1794
- 01:32:12,361 --> 01:32:14,947
- Not the Senate staff.
- 1795
- 01:32:15,030 --> 01:32:16,823
- The CIA.
- 1796
- 01:32:16,907 --> 01:32:18,492
- Us?
- 1797
- 01:32:18,575 --> 01:32:22,079
- Are-are you accusing me or
- my staff of breaking the law?
- 1798
- 01:32:22,162 --> 01:32:24,289
- My understanding is
- that five CIA employees
- 1799
- 01:32:24,373 --> 01:32:27,125
- entered a room
- that was off-limits.
- 1800
- 01:32:27,209 --> 01:32:28,335
- On whose orders?
- 1801
- 01:32:28,418 --> 01:32:30,587
- Senator Feinstein
- is right to call this
- 1802
- 01:32:30,671 --> 01:32:32,714
- a violation of
- the separation of powers.
- 1803
- 01:32:32,798 --> 01:32:37,302
- The CIA cannot spy
- on the U.S. Congress.
- 1804
- 01:32:39,221 --> 01:32:41,765
- As inspector general,
- I'm gonna have to launch
- 1805
- 01:32:41,848 --> 01:32:45,978
- a full investigation
- into the Agency's actions.
- 1806
- 01:33:05,998 --> 01:33:07,374
- Am I going to jail?
- 1807
- 01:33:07,457 --> 01:33:09,501
- No, they're
- dropping the charges.
- 1808
- 01:33:09,584 --> 01:33:11,295
- You're going back to work.
- 1809
- 01:33:11,378 --> 01:33:14,047
- Take the most important
- findings, finish the summary...
- 1810
- 01:33:14,131 --> 01:33:15,674
- No more than 400 pages.
- 1811
- 01:33:15,757 --> 01:33:19,636
- I'm going to ask the committee
- to vote to release it.
- 1812
- 01:33:25,642 --> 01:33:27,477
- So, you saw they voted.
- 1813
- 01:33:27,561 --> 01:33:29,062
- 11 to three.
- 1814
- 01:33:29,146 --> 01:33:31,398
- They want to release
- an executive summary.
- 1815
- 01:33:31,481 --> 01:33:33,817
- That thing goes out,
- it puts my people in danger,
- 1816
- 01:33:33,900 --> 01:33:36,695
- who are out there
- in a dangerous world today,
- 1817
- 01:33:36,778 --> 01:33:38,155
- trying to do their jobs.
- 1818
- 01:33:38,238 --> 01:33:39,865
- Pulls the rug
- out from under them.
- 1819
- 01:33:39,948 --> 01:33:43,035
- Anything that you feel
- puts your people in harm's way
- 1820
- 01:33:43,118 --> 01:33:44,369
- stays classified.
- 1821
- 01:33:44,453 --> 01:33:47,247
- If-if the Senate puts out
- 1822
- 01:33:47,331 --> 01:33:49,249
- a small pile of pages
- and the press goes nuts,
- 1823
- 01:33:49,333 --> 01:33:52,419
- then everybody's gonna want
- to see a bigger pile of pages.
- 1824
- 01:33:52,502 --> 01:33:54,880
- You keep saying the president
- wants to turn the page.
- 1825
- 01:33:54,963 --> 01:33:57,049
- Well, then turn the page.
- 1826
- 01:33:57,132 --> 01:33:59,426
- Close the damn book.
- 1827
- 01:34:05,098 --> 01:34:07,267
- Senator Feinstein
- has asked the White House
- 1828
- 01:34:07,351 --> 01:34:10,645
- to head up final comments
- and redactions.
- 1829
- 01:34:10,729 --> 01:34:13,815
- She wants us
- right in the middle of it.
- 1830
- 01:34:13,899 --> 01:34:15,192
- And?
- 1831
- 01:34:15,275 --> 01:34:19,112
- And I think that's exactly
- where you want us.
- 1832
- 01:34:19,196 --> 01:34:21,365
- You'll have the pen.
- 1833
- 01:34:23,283 --> 01:34:24,826
- Leadership specified
- 1834
- 01:34:24,910 --> 01:34:27,162
- that we should redact
- anything that could result in
- 1835
- 01:34:27,245 --> 01:34:28,914
- legal exposure
- for officers in the field,
- 1836
- 01:34:28,997 --> 01:34:30,916
- past or present.
- 1837
- 01:34:30,999 --> 01:34:35,045
- Basically, if there's
- any questions, black it out.
- 1838
- 01:34:40,842 --> 01:34:43,011
- You see this?
- 1839
- 01:34:51,019 --> 01:34:52,604
- What the...
- 1840
- 01:34:52,687 --> 01:34:54,981
- fuck is this?
- 1841
- 01:34:58,485 --> 01:34:59,921
- Good afternoon. Where's Marcy?
- 1842
- 01:34:59,945 --> 01:35:01,029
- Conference room.
- 1843
- 01:35:01,113 --> 01:35:02,739
- Early the next week.
- 1844
- 01:35:02,823 --> 01:35:05,033
- Wednesday.
- 1845
- 01:35:05,117 --> 01:35:06,410
- Yeah, that'll work.
- 1846
- 01:35:06,493 --> 01:35:09,204
- And you get me the agenda.
- Thank you.
- 1847
- 01:35:11,706 --> 01:35:13,375
- Imagine you pick up a book,
- 1848
- 01:35:13,458 --> 01:35:16,420
- and "blank" turns water
- into wine on page 237,
- 1849
- 01:35:16,503 --> 01:35:19,297
- and on page 71
- "blank" heals a leper,
- 1850
- 01:35:19,381 --> 01:35:22,676
- and on page 295
- "blank" rises from the dead.
- 1851
- 01:35:22,759 --> 01:35:25,053
- How do you know the blanks
- are all the same person?
- 1852
- 01:35:25,137 --> 01:35:27,722
- I thought that the CIA
- agreed to using pseudonyms.
- 1853
- 01:35:27,806 --> 01:35:30,600
- They did, but now even
- the fake names are gone.
- 1854
- 01:35:30,684 --> 01:35:33,061
- And the dates.
- 1855
- 01:35:34,980 --> 01:35:36,857
- The entire story is gone.
- 1856
- 01:35:44,281 --> 01:35:47,200
- I hope you took
- your strong pills today.
- 1857
- 01:35:48,827 --> 01:35:51,455
- Isn't it enough
- to know what actually happened?
- 1858
- 01:35:51,538 --> 01:35:53,999
- Do we need to know the names
- of the people involved?
- 1859
- 01:35:54,082 --> 01:35:55,792
- But the actual names
- aren't in the report.
- 1860
- 01:35:55,876 --> 01:35:57,836
- Someone could figure out
- who our people are
- 1861
- 01:35:57,919 --> 01:35:59,004
- based on their pseudonyms.
- 1862
- 01:35:59,087 --> 01:36:00,922
- You know, I found
- a photo of my husband
- 1863
- 01:36:01,006 --> 01:36:02,924
- on the Internet
- linking him to me.
- 1864
- 01:36:03,008 --> 01:36:04,468
- Secrecy is very hard
- to maintain.
- 1865
- 01:36:04,551 --> 01:36:06,279
- I believe you introduced
- your husband publicly
- 1866
- 01:36:06,303 --> 01:36:07,637
- at your confirmation hearing.
- 1867
- 01:36:07,721 --> 01:36:08,722
- It was on C-SPAN.
- 1868
- 01:36:08,805 --> 01:36:10,265
- Some of these people...
- 1869
- 01:36:10,348 --> 01:36:12,392
- They are out there
- in the world, right now.
- 1870
- 01:36:12,476 --> 01:36:13,477
- Yes, they are.
- 1871
- 01:36:13,560 --> 01:36:15,103
- There's an officer
- from Alec Station
- 1872
- 01:36:15,187 --> 01:36:17,230
- mentioned 41 times in 500 pages.
- 1873
- 01:36:17,314 --> 01:36:19,232
- In 1998, her team
- missed the bombing
- 1874
- 01:36:19,316 --> 01:36:22,027
- of the U.S. embassy
- in Kenya and Tanzania.
- 1875
- 01:36:22,110 --> 01:36:23,403
- 1999, they missed the bombing
- 1876
- 01:36:23,487 --> 01:36:25,238
- of the Marriott Hotel
- in Islamabad.
- 1877
- 01:36:25,322 --> 01:36:28,909
- In 2000, she was made aware
- of two Al Qaeda operatives
- 1878
- 01:36:28,992 --> 01:36:30,744
- who arrived in Los Angeles.
- 1879
- 01:36:30,827 --> 01:36:32,430
- FBI officers, working within
- the bin Laden unit,
- 1880
- 01:36:32,454 --> 01:36:33,914
- requested permission
- to investigate.
- 1881
- 01:36:33,997 --> 01:36:35,624
- That's not how
- we want to play it.
- 1882
- 01:36:35,707 --> 01:36:38,043
- The CIA knew
- they were on American soil
- 1883
- 01:36:38,126 --> 01:36:39,961
- and didn't do anything.
- 1884
- 01:36:40,045 --> 01:36:42,297
- Al-Mihdhar then left the States
- to play a key role
- 1885
- 01:36:42,380 --> 01:36:43,924
- in the bombing of the USS Cole,
- 1886
- 01:36:44,007 --> 01:36:47,010
- before returning to hijack
- Flight 77 with al-Hazmi
- 1887
- 01:36:47,093 --> 01:36:48,678
- and crash into the Pentagon.
- 1888
- 01:36:48,762 --> 01:36:51,097
- And you want to
- protect this person's identity.
- 1889
- 01:36:51,181 --> 01:36:52,641
- We'd also like to redact
- 1890
- 01:36:52,724 --> 01:36:54,309
- the pseudonyms
- of the contractors.
- 1891
- 01:36:54,392 --> 01:36:58,021
- Dr. Mitchell was already quoted
- by name in The New Yorker.
- 1892
- 01:36:58,104 --> 01:37:00,815
- He was handing out brochures
- at professional conferences
- 1893
- 01:37:00,899 --> 01:37:03,026
- telling people
- he worked for the CIA.
- 1894
- 01:37:03,109 --> 01:37:05,695
- If we are protecting
- the identities of CIA staff,
- 1895
- 01:37:05,779 --> 01:37:08,031
- we need to protect
- our contractors as well.
- 1896
- 01:37:08,114 --> 01:37:10,325
- Mitchell and Jessen were given
- a contract by the Agency
- 1897
- 01:37:10,408 --> 01:37:11,952
- for a program that didn't work.
- 1898
- 01:37:12,035 --> 01:37:13,755
- The CIA also agreed
- to a five million dollar
- 1899
- 01:37:13,828 --> 01:37:16,706
- indemnification clause
- for their company that covered,
- 1900
- 01:37:16,790 --> 01:37:19,876
- among other expenses,
- criminal prosecution.
- 1901
- 01:37:19,960 --> 01:37:23,338
- You know, I kept
- the rag we used on KSM.
- 1902
- 01:37:23,421 --> 01:37:27,217
- You should eBay that bad boy
- when this is all over.
- 1903
- 01:37:27,300 --> 01:37:30,053
- Make a mint.
- 1904
- 01:37:30,136 --> 01:37:31,888
- An internal CIA memo concluded
- 1905
- 01:37:31,972 --> 01:37:34,724
- that Mitchell and Jessen "have
- both shown blatant disregard"
- 1906
- 01:37:34,808 --> 01:37:38,562
- for the ethics shared by almost
- all of their colleagues."
- 1907
- 01:37:38,645 --> 01:37:41,439
- The pseudonyms for
- the contractors need to stay.
- 1908
- 01:37:43,775 --> 01:37:45,419
- Guys, we've been
- at this for months.
- 1909
- 01:37:45,443 --> 01:37:46,796
- What about the
- locations of the black sites?
- 1910
- 01:37:46,820 --> 01:37:48,238
- The country names?
- 1911
- 01:37:48,321 --> 01:37:49,549
- We made commitments
- to those countries
- 1912
- 01:37:49,573 --> 01:37:50,782
- to maintain their secrecy.
- 1913
- 01:37:50,865 --> 01:37:52,242
- No country names.
- 1914
- 01:37:52,325 --> 01:37:53,827
- Not open to negotiating
- these points.
- 1915
- 01:37:53,910 --> 01:37:56,371
- We need to consider
- the morale of the CIA here.
- 1916
- 01:37:56,454 --> 01:37:57,914
- Now, we-we publish this report,
- 1917
- 01:37:57,998 --> 01:38:00,458
- - there's a very good chance we could lose them.
- - Lose them?
- 1918
- 01:38:00,542 --> 01:38:02,127
- What does that mean?
- 1919
- 01:38:02,210 --> 01:38:04,146
- What about the morale
- of all the people at the Agency
- 1920
- 01:38:04,170 --> 01:38:05,481
- who spoke out
- against the program?
- 1921
- 01:38:05,505 --> 01:38:06,840
- What about them?
- 1922
- 01:38:06,923 --> 01:38:08,925
- People who sent cables back
- from black sites
- 1923
- 01:38:09,009 --> 01:38:10,552
- saying they wanted
- to be transferred
- 1924
- 01:38:10,635 --> 01:38:12,613
- because they were disgusted by
- what was being done.
- 1925
- 01:38:12,637 --> 01:38:13,972
- All right, uh, look.
- 1926
- 01:38:14,055 --> 01:38:15,974
- We have... Dan more than anyone...
- 1927
- 01:38:16,057 --> 01:38:18,310
- Have worked to uncover
- the truth about this
- 1928
- 01:38:18,393 --> 01:38:19,644
- when no one else would.
- 1929
- 01:38:19,728 --> 01:38:21,813
- We will not allow this
- to be covered up
- 1930
- 01:38:21,896 --> 01:38:23,106
- by the executive branch.
- 1931
- 01:38:23,189 --> 01:38:24,816
- President Obama
- called it torture.
- 1932
- 01:38:24,899 --> 01:38:26,401
- Bush and Cheney
- wouldn't do that.
- 1933
- 01:38:26,484 --> 01:38:30,071
- He signed an executive order
- getting rid of it.
- 1934
- 01:38:30,155 --> 01:38:31,531
- Now, just imagine, God forbid,
- 1935
- 01:38:31,615 --> 01:38:33,950
- there's another
- terrorist attack on our watch.
- 1936
- 01:38:34,034 --> 01:38:35,910
- There won't be another Democrat
- 1937
- 01:38:35,994 --> 01:38:38,079
- in the White House for 20 years.
- 1938
- 01:38:38,163 --> 01:38:40,248
- I'd also like
- to talk about the redactions
- 1939
- 01:38:40,332 --> 01:38:42,417
- concerning KSM.
- 1940
- 01:38:42,500 --> 01:38:44,878
- Cory Gardner,
- the Republican challenger,
- 1941
- 01:38:44,961 --> 01:38:46,755
- will be the next
- United States senator
- 1942
- 01:38:46,838 --> 01:38:48,214
- from the state of Colorado,
- 1943
- 01:38:48,298 --> 01:38:50,884
- defeating the Democratic
- incumbent, Mark Udall.
- 1944
- 01:38:50,967 --> 01:38:53,928
- A major, major win
- for the Republicans.
- 1945
- 01:38:54,012 --> 01:38:56,097
- Chris Frates is standing by
- in Colorado.
- 1946
- 01:38:56,181 --> 01:38:58,350
- This is huge
- for, uh, Colorado, Wolf.
- 1947
- 01:38:58,433 --> 01:39:01,478
- This is the first time
- a Republican has won
- 1948
- 01:39:01,561 --> 01:39:04,981
- the Senate race state-wide
- in Colorado since 2002.
- 1949
- 01:39:05,065 --> 01:39:06,650
- Big night for Colorado,
- 1950
- 01:39:06,733 --> 01:39:09,944
- and a big night for control
- of the United States Senate.
- 1951
- 01:39:12,822 --> 01:39:14,991
- She's expecting you.
- 1952
- 01:39:15,075 --> 01:39:17,410
- So, I just got a call
- 1953
- 01:39:17,494 --> 01:39:20,121
- from Secretary of State Kerry.
- 1954
- 01:39:20,205 --> 01:39:23,249
- He thinks that,
- with the release of the report,
- 1955
- 01:39:23,333 --> 01:39:27,128
- that the coalition against ISIL
- could collapse.
- 1956
- 01:39:27,212 --> 01:39:29,130
- Isn't that a bit convenient?
- 1957
- 01:39:29,214 --> 01:39:30,840
- - He calls you just before...
- - Dan.
- 1958
- 01:39:30,924 --> 01:39:33,843
- Wh-Where did Kerry get
- his intel on this? The CIA?
- 1959
- 01:39:33,927 --> 01:39:37,138
- - Is it credible?
- - Embassies could be attacked.
- 1960
- 01:39:37,222 --> 01:39:38,807
- Hostages could be killed.
- 1961
- 01:39:38,890 --> 01:39:40,892
- It's just another stall tactic.
- 1962
- 01:39:42,519 --> 01:39:45,063
- He suggested giving the report
- to the president,
- 1963
- 01:39:45,146 --> 01:39:48,858
- so that it could be released
- later, when hostilities cease.
- 1964
- 01:39:48,942 --> 01:39:51,820
- You lose control of the
- committee in a week, Senator.
- 1965
- 01:39:51,903 --> 01:39:53,488
- Yes, I am aware of what happens
- 1966
- 01:39:53,571 --> 01:39:56,282
- when the Republicans
- are in the majority, Dan.
- 1967
- 01:39:57,826 --> 01:40:01,496
- Look, I want to get this report
- out as much as anyone,
- 1968
- 01:40:01,579 --> 01:40:04,582
- but I have known him
- a long time.
- 1969
- 01:40:04,666 --> 01:40:06,000
- I tend to believe him.
- 1970
- 01:40:06,084 --> 01:40:07,752
- Nobody else is gonna
- tell this story.
- 1971
- 01:40:07,836 --> 01:40:09,313
- - Dan, the senator has a luncheon.
- - If we stop now,
- 1972
- 01:40:09,337 --> 01:40:10,714
- aren't we a part
- of the cover-up?
- 1973
- 01:40:10,797 --> 01:40:12,757
- Strong pills, Senator?
- 1974
- 01:40:21,349 --> 01:40:24,936
- I think you should go home
- and get some rest.
- 1975
- 01:40:25,019 --> 01:40:26,730
- You look tired.
- 1976
- 01:40:26,813 --> 01:40:31,109
- Marcy, if I could
- have five minutes.
- 1977
- 01:40:31,192 --> 01:40:33,153
- Of course.
- 1978
- 01:42:11,668 --> 01:42:14,838
- Did you ever meet a guy
- called Greg Craig?
- 1979
- 01:42:16,464 --> 01:42:19,384
- Just in pa... White House
- counsel when Obama took office?
- 1980
- 01:42:19,467 --> 01:42:21,928
- - Just in passing.
- - Right.
- 1981
- 01:42:22,011 --> 01:42:26,224
- So, right after he got elected,
- the president asked Craig
- 1982
- 01:42:26,307 --> 01:42:28,226
- to come up with a plan
- to deal with
- 1983
- 01:42:28,309 --> 01:42:29,894
- the aftermath
- of the torture program.
- 1984
- 01:42:29,978 --> 01:42:33,690
- So, he got Secretary of Defense
- Gates, Janet Napolitano,
- 1985
- 01:42:33,773 --> 01:42:35,942
- Hillary Clinton...
- Serious people... in a room,
- 1986
- 01:42:36,025 --> 01:42:39,445
- and he asked for
- their recommendation.
- 1987
- 01:42:39,529 --> 01:42:42,740
- - And?
- - A-And the consensus
- 1988
- 01:42:42,824 --> 01:42:44,784
- was that the president
- should appoint
- 1989
- 01:42:44,868 --> 01:42:46,619
- an independent
- bipartisan commission
- 1990
- 01:42:46,703 --> 01:42:48,788
- into interrogations
- and detainee treatment,
- 1991
- 01:42:48,872 --> 01:42:51,624
- like a deep dive into
- what worked and what didn't
- 1992
- 01:42:51,708 --> 01:42:54,919
- and... who was responsible.
- 1993
- 01:42:55,003 --> 01:42:56,921
- You know, like what they did
- after 9/11,
- 1994
- 01:42:57,005 --> 01:43:00,008
- and like what you've been
- trying to do.
- 1995
- 01:43:00,091 --> 01:43:01,676
- So why didn't they do that?
- 1996
- 01:43:01,759 --> 01:43:04,804
- Well, evidently,
- the president listened closely
- 1997
- 01:43:04,888 --> 01:43:06,598
- to the recommendation.
- 1998
- 01:43:06,681 --> 01:43:10,727
- He then thought about it,
- and then he said no.
- 1999
- 01:43:10,810 --> 01:43:15,023
- He'd spent an entire campaign
- saying he was post-partisan,
- 2000
- 01:43:15,106 --> 01:43:17,233
- so going after
- the Bush administration
- 2001
- 01:43:17,317 --> 01:43:19,527
- flew in the face of all that.
- 2002
- 01:43:19,611 --> 01:43:24,240
- And right then, everyone in
- that room changed their minds.
- 2003
- 01:43:24,324 --> 01:43:28,620
- No independent commission.
- 2004
- 01:43:28,703 --> 01:43:31,414
- Everyone except Craig,
- 2005
- 01:43:31,497 --> 01:43:34,876
- because he thought
- it was too important.
- 2006
- 01:43:34,959 --> 01:43:36,836
- You couldn't just
- torture people,
- 2007
- 01:43:36,920 --> 01:43:40,924
- lie about it,
- and then hide it from history.
- 2008
- 01:43:41,007 --> 01:43:44,010
- A few months later,
- Craig was gone,
- 2009
- 01:43:44,093 --> 01:43:47,096
- and this mess
- wound up with the Senate.
- 2010
- 01:43:47,180 --> 01:43:48,932
- And you.
- 2011
- 01:43:49,015 --> 01:43:51,476
- Well, the president must have
- known that, by doing that,
- 2012
- 01:43:51,559 --> 01:43:53,353
- he was making it
- next to impossible.
- 2013
- 01:43:53,436 --> 01:43:55,980
- Uh, he came from the Senate.
- 2014
- 01:43:56,064 --> 01:43:59,025
- Dan, they sent you off
- to build a boat,
- 2015
- 01:43:59,108 --> 01:44:01,194
- but they had no intention
- of sailing it.
- 2016
- 01:44:01,277 --> 01:44:05,156
- They probably didn't think
- you'd get as far as you did.
- 2017
- 01:44:09,369 --> 01:44:11,245
- Let me ask you a question.
- 2018
- 01:44:11,329 --> 01:44:15,041
- If the CIA knew
- that torture didn't work,
- 2019
- 01:44:15,124 --> 01:44:17,251
- why did they continue to do it?
- 2020
- 01:44:19,003 --> 01:44:21,381
- After 9/11,
- everyone was scared...
- 2021
- 01:44:23,591 --> 01:44:25,093
- scared it might happen again,
- 2022
- 01:44:25,176 --> 01:44:27,428
- and the CIA would be blamed
- if it did.
- 2023
- 01:44:27,512 --> 01:44:29,263
- Or maybe they were ashamed.
- 2024
- 01:44:29,347 --> 01:44:31,224
- You know, how come
- the most sophisticated
- 2025
- 01:44:31,307 --> 01:44:33,434
- intelligence organization
- on Earth
- 2026
- 01:44:33,518 --> 01:44:35,853
- couldn't keep
- its own people safe?
- 2027
- 01:44:35,937 --> 01:44:38,690
- But fear and shame don't make
- for better policy decisions,
- 2028
- 01:44:38,773 --> 01:44:40,650
- and the fact that
- the people who we captured
- 2029
- 01:44:40,733 --> 01:44:42,986
- didn't look like us or
- believe the same things we do
- 2030
- 01:44:43,069 --> 01:44:45,405
- made it that much easier
- to do the things we did.
- 2031
- 01:44:45,488 --> 01:44:46,864
- So once the CIA program started,
- 2032
- 01:44:46,948 --> 01:44:48,384
- they had to keep
- telling people it worked,
- 2033
- 01:44:48,408 --> 01:44:49,492
- even if it wasn't true.
- 2034
- 01:44:49,575 --> 01:44:50,952
- Their own position was that
- 2035
- 01:44:51,035 --> 01:44:53,413
- if it didn't work,
- it was illegal.
- 2036
- 01:44:53,496 --> 01:44:55,707
- So they misrepresented
- the results.
- 2037
- 01:45:08,094 --> 01:45:13,433
- If we had your report,
- we would print it tomorrow.
- 2038
- 01:45:13,516 --> 01:45:14,851
- All of it.
- 2039
- 01:45:16,227 --> 01:45:17,770
- The senator said
- she would release
- 2040
- 01:45:17,854 --> 01:45:19,939
- - a summary of the report.
- - Really?
- 2041
- 01:45:20,023 --> 01:45:22,191
- Over the objections of the CIA
- and the White House?
- 2042
- 01:45:22,275 --> 01:45:23,544
- You really think
- that's gonna happen?
- 2043
- 01:45:23,568 --> 01:45:25,361
- If I gave it to you,
- what would happen?
- 2044
- 01:45:32,827 --> 01:45:34,704
- Some people will think
- you're a hero,
- 2045
- 01:45:34,787 --> 01:45:36,622
- and some will probably think
- you're a traitor.
- 2046
- 01:45:36,706 --> 01:45:39,500
- Look at Edward Snowden.
- 2047
- 01:45:48,843 --> 01:45:50,553
- No. If it's gonna come out,
- 2048
- 01:45:50,636 --> 01:45:52,472
- it's gonna come out
- the right way.
- 2049
- 01:45:52,555 --> 01:45:54,849
- What if it doesn't?
- 2050
- 01:45:54,932 --> 01:45:57,143
- Then I didn't do my job.
- 2051
- 01:45:59,937 --> 01:46:01,147
- I'm sorry.
- 2052
- 01:46:02,732 --> 01:46:04,108
- Sorry.
- 2053
- 01:46:50,947 --> 01:46:52,824
- So, with the Affordable Care Act
- 2054
- 01:46:52,907 --> 01:46:54,867
- behind us, the president
- would like to begin
- 2055
- 01:46:54,951 --> 01:46:57,370
- a serious discussion
- about immigration reform.
- 2056
- 01:46:57,453 --> 01:46:59,455
- Now, obviously
- we've had some setbacks
- 2057
- 01:46:59,539 --> 01:47:01,499
- in both the House
- and the Senate,
- 2058
- 01:47:01,582 --> 01:47:05,503
- uh, so strategy has become
- paramount... unity as well.
- 2059
- 01:47:05,586 --> 01:47:08,131
- So, we would like to, uh,
- really start talking about...
- 2060
- 01:47:08,214 --> 01:47:10,049
- Excuse me, Mr. McDonough.
- 2061
- 01:47:10,133 --> 01:47:12,552
- I would like to discuss
- the report on the CIA
- 2062
- 01:47:12,635 --> 01:47:14,095
- and the White House's position.
- 2063
- 01:47:14,178 --> 01:47:16,764
- That's not the topic
- of this particular caucus.
- 2064
- 01:47:16,848 --> 01:47:18,933
- Uh, the president
- would like to discuss...
- 2065
- 01:47:19,016 --> 01:47:21,435
- Our country
- did things the Nazis did,
- 2066
- 01:47:21,519 --> 01:47:23,938
- things that made us
- condemn other regimes.
- 2067
- 01:47:24,021 --> 01:47:26,732
- And the position
- of this administration
- 2068
- 01:47:26,816 --> 01:47:28,317
- is to suppress this information,
- 2069
- 01:47:28,401 --> 01:47:30,278
- to keep the people
- who did these things safe?
- 2070
- 01:47:30,361 --> 01:47:32,196
- I can assure you that is not
- 2071
- 01:47:32,280 --> 01:47:34,532
- the position of
- this administration, Senator.
- 2072
- 01:47:34,615 --> 01:47:36,576
- You worked with John Brennan
- 2073
- 01:47:36,659 --> 01:47:38,286
- at the
- National Security Council.
- 2074
- 01:47:38,369 --> 01:47:41,080
- Now, I understand that Brennan
- gave this president
- 2075
- 01:47:41,164 --> 01:47:43,374
- his first security briefing
- when he took office.
- 2076
- 01:47:43,457 --> 01:47:45,543
- And now CIA Director Brennan
- 2077
- 01:47:45,626 --> 01:47:48,713
- is working closely with the
- president on the drone program.
- 2078
- 01:47:48,796 --> 01:47:50,381
- You know, it's funny.
- 2079
- 01:47:50,464 --> 01:47:52,133
- Every time I go over to the CIA,
- 2080
- 01:47:52,216 --> 01:47:53,819
- they claim I'm doing
- the Senate's bidding,
- 2081
- 01:47:53,843 --> 01:47:55,136
- and every time I come here,
- 2082
- 01:47:55,219 --> 01:47:56,655
- you claim I'm doing
- the CIA's bidding.
- 2083
- 01:47:56,679 --> 01:47:59,974
- I only have a few days left
- in my term here,
- 2084
- 01:48:00,057 --> 01:48:04,437
- and if there isn't a plan to
- release the report before I go,
- 2085
- 01:48:04,520 --> 01:48:07,106
- I'm prepared to read it
- on the floor of the Senate.
- 2086
- 01:48:07,190 --> 01:48:08,649
- And either the White House
- 2087
- 01:48:08,733 --> 01:48:10,651
- or the Republicans
- will have to stop me.
- 2088
- 01:48:10,735 --> 01:48:12,171
- What would you have us do?
- 2089
- 01:48:12,195 --> 01:48:13,714
- Now, we go after
- Bush and Cheney on this,
- 2090
- 01:48:13,738 --> 01:48:15,489
- what's to prevent
- the Republicans
- 2091
- 01:48:15,573 --> 01:48:19,368
- from coming back at us and
- trying to repeal health care?
- 2092
- 01:48:19,452 --> 01:48:22,205
- Uh, we go after the CIA,
- uh, maybe they say,
- 2093
- 01:48:22,288 --> 01:48:25,249
- "Okay, well, immigration reform
- is off the table."
- 2094
- 01:48:25,333 --> 01:48:27,251
- Maybe it's gun control.
- 2095
- 01:48:27,335 --> 01:48:32,340
- Now, democracy is messy...
- but let's just think
- 2096
- 01:48:32,423 --> 01:48:35,134
- how many countries
- there are in the world
- 2097
- 01:48:35,218 --> 01:48:37,261
- where a report like this
- could even get done.
- 2098
- 01:48:41,974 --> 01:48:43,935
- I would like us to be more than
- 2099
- 01:48:44,018 --> 01:48:45,561
- the country that did the report.
- 2100
- 01:48:45,645 --> 01:48:48,314
- I'd like us to be the country
- that made it public.
- 2101
- 01:48:48,397 --> 01:48:52,026
- And that is what I intend
- to see happen.
- 2102
- 01:48:52,109 --> 01:48:53,986
- I yield the floor
- 2103
- 01:48:54,070 --> 01:48:57,531
- to the senior senator
- from California.
- 2104
- 01:49:11,295 --> 01:49:13,214
- Over the past six years,
- 2105
- 01:49:13,297 --> 01:49:17,051
- a small team of investigators
- pored over more than
- 2106
- 01:49:17,134 --> 01:49:21,555
- 6.3 million pages of CIA records
- 2107
- 01:49:21,639 --> 01:49:23,891
- to complete this report.
- 2108
- 01:49:23,975 --> 01:49:27,937
- It shows that
- the CIA's actions a decade ago
- 2109
- 01:49:28,020 --> 01:49:31,732
- are a stain on our values
- and on our history.
- 2110
- 01:49:31,816 --> 01:49:35,236
- The release of
- this 500-page summary
- 2111
- 01:49:35,319 --> 01:49:37,238
- cannot remove that stain,
- 2112
- 01:49:37,321 --> 01:49:41,742
- but it can and does say
- to our people and the world
- 2113
- 01:49:41,826 --> 01:49:45,663
- that America is big enough
- to admit when it's wrong
- 2114
- 01:49:45,746 --> 01:49:49,792
- and confident enough
- to learn from its mistakes.
- 2115
- 01:49:49,875 --> 01:49:53,087
- Releasing this report is
- an important step toward
- 2116
- 01:49:53,170 --> 01:49:56,507
- restoring our values
- and showing the world
- 2117
- 01:49:56,590 --> 01:50:01,053
- that we are, in fact,
- a just and lawful society.
- 2118
- 01:50:01,137 --> 01:50:05,516
- There are those who will
- seize upon the report and say,
- 2119
- 01:50:05,599 --> 01:50:08,311
- "See what the Americans did?"
- 2120
- 01:50:08,394 --> 01:50:10,021
- And they will try to use it
- 2121
- 01:50:10,104 --> 01:50:13,733
- to justify evil actions
- or to incite more violence.
- 2122
- 01:50:13,816 --> 01:50:17,361
- We cannot prevent that.
- 2123
- 01:50:17,445 --> 01:50:19,363
- But history will judge us
- 2124
- 01:50:19,447 --> 01:50:24,118
- by our commitment to
- a just society governed by law
- 2125
- 01:50:24,201 --> 01:50:27,455
- and the willingness
- to face an ugly truth
- 2126
- 01:50:27,538 --> 01:50:31,125
- and say "never again."
- 2127
- 01:50:31,208 --> 01:50:32,626
- Thank you.
- 2128
- 01:50:32,710 --> 01:50:36,589
- I now yield the floor
- to the senator from Arizona.
- 2129
- 01:50:38,424 --> 01:50:40,634
- What might come as a surprise
- 2130
- 01:50:40,718 --> 01:50:44,180
- is how little these practices
- did to aid our efforts to bring
- 2131
- 01:50:44,263 --> 01:50:47,391
- 9/11 culprits to justice
- and to find and prevent
- 2132
- 01:50:47,475 --> 01:50:50,227
- terrorist attacks
- today and tomorrow.
- 2133
- 01:50:50,311 --> 01:50:52,063
- That could be a real surprise,
- 2134
- 01:50:52,146 --> 01:50:54,732
- since it contradicts
- the many assurances
- 2135
- 01:50:54,815 --> 01:50:57,026
- provided by
- intelligence officials,
- 2136
- 01:50:57,109 --> 01:50:59,070
- on the record and in private,
- 2137
- 01:50:59,153 --> 01:51:02,865
- that enhanced interrogation
- techniques were indispensable
- 2138
- 01:51:02,948 --> 01:51:04,867
- in the war against terrorism.
- 2139
- 01:51:04,950 --> 01:51:08,371
- I think it's an insult to
- the many intelligence officers
- 2140
- 01:51:08,454 --> 01:51:10,373
- who have acquired
- good intelligence
- 2141
- 01:51:10,456 --> 01:51:12,541
- without hurting
- or degrading prisoners
- 2142
- 01:51:12,625 --> 01:51:16,462
- to assert we can't win this war
- without such methods.
- 2143
- 01:51:16,545 --> 01:51:19,548
- Yes, we can, and we will.
- 2144
- 01:51:19,632 --> 01:51:21,759
- But in the end,
- 2145
- 01:51:21,842 --> 01:51:24,428
- torture's failure to serve
- its intended purpose
- 2146
- 01:51:24,512 --> 01:51:27,807
- isn't the main reason
- to oppose its use.
- 2147
- 01:51:27,890 --> 01:51:32,770
- This question isn't about
- our enemies; it's about us.
- 2148
- 01:51:32,853 --> 01:51:38,192
- It's about who we were, who we
- are, and who we aspire to be.
- 2149
- 01:51:38,275 --> 01:51:42,279
- It's about how we represent
- ourselves to the world.
- 2150
- 01:51:42,363 --> 01:51:45,157
- Our enemies act
- without conscience.
- 2151
- 01:51:45,241 --> 01:51:47,201
- We must not.
- 2152
- 01:51:49,578 --> 01:51:51,723
- Senator Dianne Feinstein today
- 2153
- 01:51:51,747 --> 01:51:54,500
- exposed the CIA's now extinct
- 2154
- 01:51:54,583 --> 01:51:56,919
- enhanced interrogation
- techniques.
- 2155
- 01:51:57,002 --> 01:51:58,587
- The thing that strikes me about
- 2156
- 01:51:58,671 --> 01:52:00,047
- what the Senate
- was doing today...
- 2157
- 01:52:00,131 --> 01:52:02,007
- Dianne Feinstein,
- Jay Rockefeller...
- 2158
- 01:52:02,091 --> 01:52:03,843
- Is they were doing
- everything they can
- 2159
- 01:52:03,926 --> 01:52:06,554
- to make sure
- this doesn't happen again.
- 2160
- 01:52:06,637 --> 01:52:08,722
- Because by going public
- like this...
- 2161
- 01:52:08,806 --> 01:52:10,891
- Dan.
- 2162
- 01:52:10,975 --> 01:52:12,476
- You did well.
- 2163
- 01:52:12,560 --> 01:52:14,311
- Thank you.
- 2164
- 01:52:15,020 --> 01:52:16,689
- Thank you.
- 2165
- 01:52:16,772 --> 01:52:20,484
- "We're gonna be on you
- if you try to do this."
- 2166
- 01:56:07,795 --> 01:56:11,048
- <i>♪ If pain was a color
- to paint on you ♪</i>
- 2167
- 01:56:11,131 --> 01:56:14,093
- <i>♪ Your heart would be
- the color blue ♪</i>
- 2168
- 01:56:14,176 --> 01:56:18,055
- <i>♪ Be a gradient from there
- until your body met your hair ♪</i>
- 2169
- 01:56:18,138 --> 01:56:19,682
- <i>♪ Which remained a silver ♪</i>
- 2170
- 01:56:19,765 --> 01:56:22,893
- <i>♪ You are the one
- they call Jesus Christ ♪</i>
- 2171
- 01:56:22,976 --> 01:56:25,938
- <i>♪ Who didn't know
- no rock and roll ♪</i>
- 2172
- 01:56:26,021 --> 01:56:29,483
- <i>♪ Just a mission and a gun
- to paint rainbows in Vietnam ♪</i>
- 2173
- 01:56:29,566 --> 01:56:31,402
- <i>♪ And a heart
- that always told you ♪</i>
- 2174
- 01:56:31,485 --> 01:56:33,904
- <i>♪ There's a madness in us all ♪</i>
- 2175
- 01:56:34,905 --> 01:56:38,117
- <i>♪ There's a madness in us all ♪</i>
- 2176
- 01:56:38,200 --> 01:56:41,870
- <i>♪ So who wrote the rules?
- Who wrote the rules? ♪</i>
- 2177
- 01:56:41,954 --> 01:56:43,747
- <i>♪ Who wrote the rules? ♪</i>
- 2178
- 01:56:43,831 --> 01:56:48,001
- <i>♪ They said every one of you
- will never try to lend a hand ♪</i>
- 2179
- 01:56:48,085 --> 01:56:51,880
- <i>♪ When the policemen
- don't understand ♪</i>
- 2180
- 01:56:51,964 --> 01:56:57,177
- <i>♪ Boys, all you boys,
- think it's so American ♪</i>
- 2181
- 01:56:58,804 --> 01:57:04,184
- <i>♪ Girls, all you girls,
- yeah, you're so American ♪</i>
- 2182
- 01:57:07,896 --> 01:57:10,816
- <i>♪ He may not be
- born of this land ♪</i>
- 2183
- 01:57:10,899 --> 01:57:13,902
- <i>♪ But he was born
- of this world ♪</i>
- 2184
- 01:57:13,986 --> 01:57:15,779
- <i>♪ He was born
- of all the mothers ♪</i>
- 2185
- 01:57:15,863 --> 01:57:17,489
- <i>♪ And the colors
- of our brothers ♪</i>
- 2186
- 01:57:17,573 --> 01:57:19,533
- <i>♪ And the love
- that was started ♪</i>
- 2187
- 01:57:19,616 --> 01:57:22,619
- <i>♪ You are the one
- they call Jesus Christ ♪</i>
- 2188
- 01:57:22,703 --> 01:57:25,748
- <i>♪ Who may not know
- no rock and roll ♪</i>
- 2189
- 01:57:25,831 --> 01:57:27,583
- <i>♪ And there may not be
- a Heaven ♪</i>
- 2190
- 01:57:27,666 --> 01:57:29,418
- <i>♪ Or a place
- of which to send you ♪</i>
- 2191
- 01:57:29,501 --> 01:57:30,961
- <i>♪ But you know in the end ♪</i>
- 2192
- 01:57:31,044 --> 01:57:33,589
- <i>♪ There's madness in us all ♪</i>
- 2193
- 01:57:34,590 --> 01:57:36,967
- <i>♪ There's a madness in us all ♪</i>
- 2194
- 01:57:37,968 --> 01:57:40,262
- <i>♪ There's a madness in us all ♪</i>
- 2195
- 01:57:41,263 --> 01:57:44,600
- <i>♪ There's a madness in us all ♪</i>
- 2196
- 01:57:44,683 --> 01:57:48,312
- <i>♪ So who wrote the rules?
- Who wrote the rules? ♪</i>
- 2197
- 01:57:48,395 --> 01:57:50,314
- <i>♪ Who wrote the rules? ♪</i>
- 2198
- 01:57:50,397 --> 01:57:54,568
- <i>♪ They said every one of you
- will never try to lend a hand ♪</i>
- 2199
- 01:57:54,651 --> 01:57:58,447
- <i>♪ When the policemen
- don't understand ♪</i>
- 2200
- 01:57:58,530 --> 01:58:03,744
- <i>♪ Boys, all you boys,
- think it's so American ♪</i>
- 2201
- 01:58:05,370 --> 01:58:10,751
- <i>♪ Girls, all you girls,
- yeah, you're so American ♪</i>
- 2202
- 01:58:12,211 --> 01:58:14,797
- <i>♪ There's two eyes
- for every one of us ♪</i>
- 2203
- 01:58:14,880 --> 01:58:18,842
- <i>♪ But somebody got there first
- and took them all ♪</i>
- 2204
- 01:58:18,926 --> 01:58:21,595
- <i>♪ There's two eyes
- for every one of us ♪</i>
- 2205
- 01:58:21,678 --> 01:58:24,807
- <i>♪ But somebody got there first
- and took them all ♪</i>
- 2206
- 01:58:39,321 --> 01:58:44,368
- <i>♪ Man, oh, man,
- you think it's so American ♪</i>
- 2207
- 01:58:46,078 --> 01:58:51,124
- <i>♪ Man, oh, man,
- yeah, you're so American ♪</i>
- 2208
- 01:58:52,876 --> 01:58:57,840
- <i>♪ Man, oh, man,
- you think it's so American ♪</i>
- 2209
- 01:58:59,550 --> 01:59:04,596
- <i>♪ Man, oh, man,
- yeah, you're so American ♪</i>
- 2210
- 01:59:06,139 --> 01:59:08,517
- <i>♪ There's two eyes
- for every one of us ♪</i>
- 2211
- 01:59:08,600 --> 01:59:12,563
- <i>♪ But somebody got there first
- and took them all ♪</i>
- 2212
- 01:59:12,646 --> 01:59:15,274
- <i>♪ There's two eyes
- for every one of us ♪</i>
- 2213
- 01:59:15,357 --> 01:59:18,777
- <i>♪ But somebody got there first
- and took them all. ♪</i>
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