Thread by @GitmoWatch

The #ImpeachmentTrials continue, but so does testimony from Dr. James Mitchell at the 9/11 pretrial #MilitaryCommissions hearing

Catch up on his six days of testimony with these threads:

https://twitter.com/GitmoWatch/status/1222158300571226113?s=20

At Guantánamo Bay, Torture Apologists Take Refuge in Empty Code Words and Euphemisms @MargotWilliams of @theintercept

theintercept.com/2020/01/29/gua…

Chains, Shackles and Threats: Testimony on Torture Takes a Dramatic Turn

In a hearing at Guantánamo Bay, an architect of the C.I.A. interrogation program said he told the accused mastermind of the 9/11 attacks: “I will cut your son’s throat.”
nytimes.com/2020/01/28/us/…

#MilitaryCommissions called to order. Khalid Shaikh Mohammad and Khallad bin Attash are in court. Ramzi bin al Shibh is watching the war court streaming from his cell just outside the court. @BaluchiGitmo and Mustafa al Hawsawi waived right to attend today's testimony.

@BaluchiGitmo .@jamesgconnell mentions yesterday's 7.7 #earthquake

Base commander placed GTMO NAS on tsunami warning - no one at #MilitaryCommissions was notified.

Courtroom becomes inoperable when it rains, media's building has literally been condemned, Camp 7 is described as 'shack.'

Usually you move to higher ground with a tsunami warning but Judge Cohen wasn't even given opportunity to make decision because he didn't know of the warning.

Cheryl Bormann, lead counsel for bin Attash, now questioning Dr. James E. Mitchell.

It's is Mitchell's seventh day, and perhaps last day, on the stand.

Mitchell goes through stages of the RDI/EIT program:

-Initial intake - Airplane to facility
-Neutral assessment - Opportunity to volunteer (AKA neutral probe - CIA doesn't like the word probe bc of how it's perceived in the media)

-Bridging question - Question focuses on what we're interested in learning
-Break where they're allowed to sit and think
-Then moved to EIT room, asked the bridging question again.
-If they don't respond to the bridging question, EITs are applied

Mitchell to Bormann - "Sorry about winking at you," says he's nervous.

"Not nervous, it's a tick."

Mitchell has been winking a lot the last two week - at his "stone-faced" lawyer, the guy he waterboarded, prosecutors, and at least one defense attorney.

On Standing sleep deprivation - Mitchell says there are rules, like how long they can be left standing, how high the hands can be.

Forced nudity and the use of Ensure meal replacement were two of the non-EIT interrogation techniques.

Mitchell says Mohammad called Ensure magic because he lost so much weight on it. He was also denied food at the time, FWIW.

Mitchell and the CTC team arrived for Abu Zubaydah's interrogation after FBI Special Agents Ali Soufan and Stephen Gaudin - they met where they were staying.

Two people began Abu Zubaydah's interrogation, Soufan and Gaudin. Soufan is a native Arabic speaker but Mitchell says he wouldn't rule out Steve (Gaudin) not speaking Arabic.

Both Soufan and Gaudin will be testifying in relation to defense motions to suppress.

Mitchell says he wasn't there to do interrogation, he was used to tell them what resistance techniques they were using.

Soufan left in May or June when he "got sideways." Mitchell says Soufan was breaking rules on communicate with HQ - he was using back channels. He also didn't like that people other than him were allowed to talk to Zubaydah.

HQs told Mitchell to 'think outside the box' to get Abu Zubaydah to talk.

Thinking outside the box led the CIA to stuffing Abu Zubaydah inside the box.

Bormann is questioning Mitchell on his and FBI SA Gaudin's development of a threat-and-rescue live burial of Abu Zubaydah tactic.

SA Gaudin was a FBI 'clean team' member who debriefed bin Attash.

Transcripts from Mitchell's testimony last week still aren't posted to MC.mil

Counsel have top secret versions.

Bormann wants to reference transcripts for questioning but we're not privy to what the transcripts say even though it was said in open court.

Mitchell's definition of "clean team:" FBI agents, or another LE Agency, who are unfamiliar with what person had said, also maybe what happened to them, read them their Miranda rights, talk to them.

Note: The 5 defendants were NOT Mirandized before "clean team" interrogations.

Bormann reads transcripts of Jessen's testimony from Salim et al v. Mitchell: "They were breaking the law, stepping outside of DoJ guidelines."
Testimony describes training program led by someone who was teaching techniques outside of approved techniques. (Probably 'New Sheriff')

"New Sheriff" (Mitchell's nickname for him) = CIA unique functional identifier (UFI) NX2.

Mitchell describes their relationship as 'oil and water.' CIA tried to keep the two separated. They had at least one heated argument.

NX2 was booted from the CIA program in 2004.

We'll never hear from NX2 - he's dead - but based on Mitchell's testimony it sounds like he was even more horrific than Mitchell and Jessen.

"The Preacher" (Mitchell's nickname for him) was one of NX2's acolytes. He made abuse accusations against Mitchell and Jessen. #HeSaidHeSaid

#MilComs in recess until 10:48

Commissions called to order.

Mitchell: Most people use the term "conditioning" with end focus of cooperation.

"Hooding" was used at black sites so they (the detainees) could be moved "safely around."

Black site cells were designed to be windowless, soundproof or sound restricted - except Location 4, intended to restrict access to outside world.

Mitchell: The cell was designed to keep them captive? I would agree with that characterization.

Location 2 - Mitchell says he was only there for 24 hours. Described the site as 'dark horse stalls.'

Mitchell has routinely denied connection to this black site in particular. Gul Rahman froze to death there.

Mitchell describes communal meals and soccer games at some of the black sites, towards the end of the program.

Mitchell on "belly slapping:" Back of the fingers were used.

"Facial slap:" Hand begins close to detainee's face.

"Attention grasp:" Mitchell says it was like when James Cagney used to say "listen here" while grabbing the clothing around the neck/shoulders.

Mitchell on extremely bright light: Not for sleep deprivation, they were bright for security.

Loud music: They played loud music all the time, whether they were awake, asleep, eating. But Mitchell doesn't characterize using loud music FOR sleep deprivation purposes.

Bormann: True sleep deprivation couldn't exceed 180 hours?

Mitchell doesn't know what the standard was.

Bormann: Was nudity a technique used for interrogation?
Mitchell: They were nude initially. I think it was to set up....there's very little you can reward a detainee with at a CIA black site. The CIA called it that, so I would say yes.

Mitchell says he doesn't recall anyone messing with temperatures at black sites.

Location 2 in particular was very cold. So cold that detainee Gul Rahman froze to death there. His family members were plaintiffs in @ACLU suit Salim v. Mitchell

Mitchell on "dietary manipulation:" They would typically not give the person solid food - they'd get Ensure, and probably a vitamin.

"Shaving" was used on intake. Mitchell says it wasn't useful after a certain time but occasionally the CIA would shave their heads and beards.

Mitchell on "rectal feeding:" was probably used on people who were on hunger strike.

Excerpt from #TheReport

"Cold baths" were used at Locations 2 and 4, maybe Location 9.

"Constant dark" wasn't an "interrogation technique," according to Mitchell.

Location 2 has been described as "constant darkness."

Mitchell: You could build a "walling wall" that looks just like a normal wall.

Any wall could be a "walling wall" if you "wall" on it.

#MilComs in recess until 13:15

#MilitaryCommissions called to order. The prosecution's side has thinned out quite a bit - Swann, Tate, Ryan, Martins all out after lunch.

Bormann expects to run the rest of the day. Jessen, who has been on stand-by, is released for the day.

Connell corrects the record; earlier he mentioned the media office was in a condemned hanger - the media office is actually a building just off the hanger and that office isn't condemned.

Mitchell wouldn't consider prolonged standing as a stress position under his rubric.

Bormann and Mitchell are reviewing classified documents in the war court but they're talking around it because they can't read it aloud.

Bormann holds her arms out wide in a crucifixion shape. She wants to know if that position was a stress position "technique."

Mitchell doesn't know anything about it.

Reference from the John Durham investigation: A witness from investigation described UFI Z2C discussing guys 'hanging out,' crucifixion-style because that is the motion Z2C made with his arms when he said it.

Bormann is going through a lot of the techniques Abu Zubaydah has drawn: short chaining, or short shackling, according to Mitchell, BoPs technique for controlling unruly prisoner to prevent them from rising from the floor.

Review more of his illustrations here: nytimes.com/2019/12/04/us/…

Mitchell says he wouldn't withhold medical care as an interrogation technique.

Why?
It's not approved technique by the DoJ, and I don't think it would be particularly helpful.

On deprivation of religious practice/deprivation of the Koran: I don't think they were allowed access to the Koran during EITs.

Bormann: Was it considered an amenity that wold be given for good behavior?

Mitchell: I don't know.

Detainees were provided buckets for toilets in some CIA black sites. They had steel prison toilets at other sites. Some detainees were sometimes left in adult diapers.

Bormann reading cable substitution: One way to leverage the concerns of some detainees is to place them in adult diapers.

What concerns would those be?

Mitchell: You'd have to ask the person who wrote that. If you're suggesting...it's offensive and I didn't do it.

Bormann's point is some CIA employees didn't follow the rules.

propublica.org/article/abu-zu…

Mitchell doesn't recall any EITs being used at Location 7. Bormann describes bright white walls, constant light at that site.

Mitchell: Well, detainees could put blankets over their heads if they wanted to.

Bormann: Did people use EITs even when they weren't warranted?

Mitchell: Last time I saw EITs was summer 03, the majority I used myself. I don't really know what individual approval processes were.

Bormann describes an exchange between Mitchell and New Sheriff, "Ohhhhh, we're going to need them (EITs)."

Mitchell's understanding was Sheriff was going to use the EITs whether they needed them or not.

On training, Mitchell wrote about uneven effectiveness among interrogators - some people acted in ways they shouldn't have, used unauthorized techniques, and some didn't get answers from detainees.

Mitchell clarifies, "we didn't hire thugs."

They're covering another classified document, from the PRG (program) discovery series.

"It's marked SECRET, I don't know why."

Other defense teams want to view the document too but their clients can't see it because it's classified. They spend about 5 minutes trying to find a workaround - they turn off some monitors but not others.

Totally ready for trial in less than a year.

Now looking at a 2C discovery

Bormann: Do you recall students being taught they needed to induce and maintain 'learned helplessness' as part of the full-spectrum exploitation of a 'high value detainee?'

Mitchell: No, they were really sloppy with that term at the CIA.

Mitchell on "checks and balances" in the RDI program: We were heavily monitored, it seemed to me every time I reached for my wallet there was a complaint filed against me. Jose [Rodriguez] wanted it to be effective but also legal.

Brief recess until 15:50.

Bormann revises her estimated time - she expects her examination of Mitchell will go into tomorrow. We still need to hear cross-exam and redirect so we may not hear from Jessen until late morning or tomorrow afternoon.

#MilComs called to order.

Mitchell previously testified he witnessed Nashiri in an unapproved stress position. He challenged the interrogator and was told to go away. Checks and balances didn't work in that case.

Another check and balance - Lawyers could be consulted as another check if things went awry.

Yet when Mitchell challenged the chief interrogator about unauthorized techniques, he told Mitchell he couldn't call anyone including "the fucking lawyers."

Chief of Station 'chewed' Mitchell out for trying to stop Nashiri's interrogation at Location 4, Dec 2002.

Mitchell also complained to the Loc 4 site manager.

Mitchell on abusive drift - tendency when people have power over others, they get used to coercion, start to think of students as not as bright as they are; begin to push what they can get away with.

Some people will always abuse power, others will never, most are in middle.

Mitchell can't tell if NX2 was affected by abusive drift by just his few observations.

NX2 got kicked out of the CIA program for multiple instances using unauthorized techniques (broomstick behind knees in kneeling for example).

First two days of Mitchell testimony transcripts are posted!

(albeit with the incorrect date - it's 2020 now, y'all)

21 Jan 2020:
mc.mil/Portals/0/pdfs…

22 Jan 2020 Mitchell testimony:
mc.mil/Portals/0/pdfs…

As expected, a fair amount of arbitrary redactions.

Note: This is not an instance when the #NatSec security button was hit

Reading another CIA cable, "Only the use of a 'certified' interrogator to proceed with interrogation plan of bin Attash"- Mitchell notes it doesn't reference that certified interrogator may have supervised a not yet certified interrogator.

#OnTheJobTortureTraining

Mitchell on on-the-job interrogator training: If the certified interrogator felt the other interrogator is far enough along, they might let them handle the thing mostly by themself.

"The thing" = "enhanced interrogation technique"

Cable on bin Attash EITs: bin Attash was in standing sleep deprivation with hands above the head for two hours and then moved to standing sleep deprivation hands at eye level until the next session.

Mitchell: No, you don't want hands above the heart because it's difficult to pump blood to the arms.

Aside, Mitchell seems to have a lot of faith in the physician who supervised these EITs, they wouldn't do something against OMS guidance despite what the cable says.

Another CIA cable reads: Bin Attash (who has an amputated leg) was left without a leg to stand on.

Bormann: You can read that two ways...

Mitchell (laughing): I only read that one way - it sounds like they took his leg.

According to a CIA cable, after bin Attash was left in standing sleep deprivation without his prosthesis, he developed "lymphadenopathy."

Mitchell offers his 'objective' reasoning - a physician probably stepped in.

Another CIA cable, bin Attash, who had one amputated leg, another injured leg: "Due to his cooperation, subject was able to sit with his leg elevated..." indicating medical attention was withheld until he cooperated, something Mitchell has denied occurred.

#MilComs in recess until 0900 tomorrow. Cheryl Bormann, for bin Attash, says she has about 2 hours left of questioning Dr. Mitchell.

Start time of Dr. Bruce Jessen's testimony to be determined...

Thanks for tuning in to this dark, dark thread.