CIA says it used waterboarding on three suspects

WASHINGTON (Reuters) - The CIA used a widely condemned interrogation technique known as waterboarding on three suspects captured after the September 11 attacks, CIA Director Michael Hayden told Congress on Tuesday.

"Waterboarding has been used on only three detainees," Hayden told the Senate Intelligence Committee. It was the first time a U.S. official publicly specified the number of people subjected to waterboarding and named them.

Congress is considering banning the simulated drowning technique. A Democratic senator and a human rights advocacy group urged a criminal investigation after Hayden made his remarks.

"Waterboarding is torture, and torture is a crime," Human Rights Watch said in a statement.

Those subjected to waterboarding were suspected September 11 mastermind Khalid Sheikh Mohammed and senior al Qaeda leaders Abu Zubaydah and Abd al-Rahim al-Nashiri, Hayden said at the Senate hearing on threats to the United States.

He said waterboarding has not been used in five years.

"The circumstances under which we are operating ... are frankly, different than they were in late 2001 and early 2002," Hayden said. "Very critical to those circumstances was the belief that additional catastrophic attacks against the homeland were imminent. In addition to that, my agency ... had limited knowledge about al Qaeda and its workings. Those two realities have changed."

Hayden told reporters later that the interrogations of Mohammed and Zubaydah were particularly fruitful.

From the time of their capture in 2002 and 2003 until they were delivered to Guantanamo Bay prison in 2006, the two suspects accounted for one-fourth of the human intelligence reports on al Qaeda, Hayden said.

Some analysts have questioned Mohammed's credibility under interrogation. But Hayden said most of the information was reliable and helped lead to other al Qaeda suspects.

He told the committee he opposed limiting the CIA to using interrogation techniques permitted in the U.S. Army Field Manual, which bans waterboarding. CIA interrogators are better trained, and the agency works with a narrower range of suspects in its interrogations, he said.

HARSH TACTICS

Hayden said fewer than 100 people had been held in the CIA's terrorism detention and interrogation program launched after the September 11 attacks, with fewer than one-third of them subjected to any harsh interrogation techniques.

But applying the field manual's limitations to the CIA, he said, "would substantially increase the danger to America."

The CIA is the only U.S. agency that uses harsh interrogation techniques, National Intelligence Director Michael McConnell told the hearing. The entire military adheres to the Army Field Manual and FBI Director Robert Mueller told the hearing his agency does not use coercive techniques.

A senior intelligence official said after the hearing that it was unclear whether the CIA could legally use waterboarding in the future, given changes in U.S. law. The Bush administration says it neither uses nor condones torture.

Sen. Dick Durbin, an Illinois Democrat and judiciary committee member, demanded that Attorney General Michael Mukasey investigate the CIA waterboarding and vowed to delay the nomination for Mukasey's deputy until the attorney general responds to that and other issues.

A Justice Department investigation should explore whether waterboarding was authorized and whether those who authorized it violated the law," Durbin said in a letter to Mukasey.

The CIA said in December that it had destroyed videotapes depicting the interrogations of Zubaydah and Nashiri, prompting a Justice Department investigation. Mukasey has said that probe was focused on the tapes' destruction rather than on the interrogation they depict, but investigators would be able to follow other evidence of illegal activity.

U.S. used waterboarding: ex-spy chief

WASHINGTON (Reuters) - The United States used waterboarding in terrorism interrogations but no longer does, a former U.S. spy chief said in the Bush administration's clearest confirmation of the technique's use.

U.S. officials have been reluctant to acknowledge the CIA's use of the simulated drowning technique, which human rights groups call an illegal form of torture.

The remarks by former Director of National Intelligence John Negroponte in an interview with National Journal magazine come as senators are expected on Wednesday to grill Attorney General Michael Mukasey on a promised review of the legality of interrogation methods.

Asked by the magazine if debate over U.S. counterterrorism techniques was hampering its effort in a "war of ideas," Negroponte said, "We've taken steps to address the issue of interrogations, for instance, and waterboarding has not been used in years."

Negroponte served from 2005 to 2007 as the first director of national intelligence, a position created by President George W. Bush in the wake of the September 11 attacks. Negroponte is now deputy secretary of state. He spoke in an interview published in the National Journal's January 25 issue.

"It (waterboarding) wasn't used when I was director of national intelligence, nor even a few years before that," he said. "I get concerned that we're too retrospective and tend to look in the rearview mirror too often at things that happened four or even six years ago."

Negroponte's remarks appear to confirm earlier reports that the CIA discontinued waterboarding in 2003, after using it on three "high-value" detainees. Vice President Dick Cheney once suggested waterboarding was "an important tool" used to interrogate September 11 mastermind Khalid Sheikh Mohammed.

Bush has regularly insisted that the United States does not torture but has declined to discuss what interrogation techniques are used. The CIA declined comment on Negroponte's remarks.
Mukasey, who took office in November, promised in his Senate confirmation hearings to review U.S. interrogation methods. But he gave no sign in a meeting with reporters last week that he was ready to discuss the review at Wednesday's hearing of the Senate Judiciary Committee.

Mukasey said it would focus on the existing interrogation program and the validity of department legal opinions regarding it -- a hint that he might not review discontinued practices.

Mukasey made no mention of the review in his prepared testimony to the committee, released by the Justice Department on Monday.

Committee Chairman Patrick Leahy, a Vermont Democrat, took note of the omission and vowed in a statement to ask Mukasey "whether he agrees that waterboarding is torture and illegal."

Mukasey was asked last week if he would answer senators' inevitable questions about the issue, and replied, "I didn't say that I wouldn't answer it, I didn't say that I would."

Mukasey on January 2 ordered the Justice Department to investigate the CIA's destruction of videotapes depicting the harsh interrogations of two terrorism suspects in 2002. At least one of the subjects, Abu Zubaydah, was believed to have been subjected to waterboarding.

Mukasey has rejected calls to appoint an independent counsel for the investigation. He has indicated investigators would be free to pursue evidence of illegal interrogation techniques in their probe, but department officials have said the focus remains on the tapes' destruction.

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