Whereas since the attacks on September 11, 2001, the
United States intelligence community has gathered critical information that has
helped to prevent additional attacks on United States soil;
Whereas the Central Intelligence Agency (hereinafter
referred to as the CIA
) plays a vital role in United States
intelligence collection;
Whereas the importance of the CIA’s work was exemplified
by the successful operation against Usama bin Laden;
Whereas, as authorized by the President and in accordance
with specific legal guidance provided by the Department of Justice, the CIA
lawfully detained and interrogated certain high-value suspected
terrorists;
Whereas information obtained from high-value detainees who
had been detained and interrogated by the CIA was essential in determining the
organizational structure, key operatives, modus operandi, and other relevant
information on al-Qaeda operations;
Whereas information obtained from high-value detainees who
had been detained and interrogated by the CIA was crucial to tracking down
Usama bin Laden;
Whereas Michael Hayden, a former Director of the CIA,
wrote, Let the record show that when I was first briefed in 2007 about
the brightening prospect of pursuing bin Laden through his courier network, a
crucial component of the briefing was information provided by three CIA
detainees, all of whom had been subjected to some form of enhanced
interrogation. One of the most alerting pieces of evidence was that two of the
detainees who had routinely been cooperative and truthful (after they had
undergone enhanced techniques) were atypically denying apparent factual data—a
maneuver taken as a good sign that the CIA was on to something important. So
that there is no ambiguity, let me be doubly clear: It is nearly impossible for
me to imagine any operation like the May 2 assault on bin Laden's compound in
Abbottabad, Pakistan, that would not have made substantial use of the trove of
information derived from CIA detainees, including those on whom enhanced
techniques had been used.
;
Whereas a May 30, 2005, Department of Justice memo stated,
In particular, the CIA believes that it would have been unable to obtain
critical information from numerous detainees, including KSM [Khalid Sheikh
Mohammed] and Abu Zubaydah, without these enhanced techniques… . Indeed, before
the CIA used enhanced techniques in its interrogation of KSM, KSM resisted
giving any answers to questions about future attacks, simply noting,
Soon, you will know.
;
Whereas according to such May 30, 2005, memo, Abu Zubaydah
explained the effect of enhanced techniques as, Brothers who are
captured and interrogated are permitted by Allah to provide information when
they believe they have reached the limit of their ability to withhold it in the
face of psychological and physical hardships.
;
Whereas such May 30, 2005, memo further indicates that
after using enhanced interrogation techniques, high-value detainees became
cooperative stating, since the use of enhanced techniques, KSM
and Abu Zubaydah have been pivotal sources because of their ability and
willingness to provide their analysis and speculation about the capabilities,
methodologies, and mindsets of terrorists.
;
Whereas mastermind of the attacks of September 11, 2001,
Khalid Sheikh Mohammed disclosed to CIA interrogators information about a
second wave
plot using an East Asian al-Qaeda group known as
Jemmah Islamiyah to hijack and crash an airliner into the Library Tower in Los
Angeles;
Whereas Khalid Sheikh Mohammed gave CIA interrogators
information that led to the capture of Riduan bin Isomuddin, known as Hambali,
the leader of the Indonesian terrorist organization Jemaah Islamiyah;
Whereas al-Qaeda senior operational planner Abu Zubaydah
and Khalid Sheikh Mohammed supplied important intelligence about Abu Musab
al-Zarqawi and his terrorist network, aiding United States operations against
al-Qaeda in Iraq;
Whereas in a May 2011 interview, Leon Panetta, the
Director of the CIA, in response to a direct question about enhanced
interrogation and the successful bin Laden operation, stated that,
Obviously there was some valuable information that was derived through
those kind of interrogations.
;
Whereas, although the President issued an Executive Order
in January 2009 that effectively ended the CIA’s interrogation and detention
program, the Administration has yet to establish clear policies for the
detention and interrogation of suspected high-value detainees, particularly
those captured overseas by foreign governments;
Whereas in 2009, the Attorney General launched a
preliminary review into whether Federal laws were violated in connection with
the interrogation of specific detainees, even though career prosecutors had
previously considered and rejected filing criminal charges in those cases;
and
Whereas the preliminary review initiated by the Attorney
General will determine whether CIA employees involved in the detention and
interrogation of terrorists should be prosecuted for alleged violations of
Federal law: Now, therefore, be it
That the Senate—
(1)commends the
professionals of the United States intelligence community for their
dedication;
(2)expresses thanks
to the employees of the Central Intelligence Agency for their selfless
service;
(3)recognizes that
continued investigation of employees of the Central Intelligence Agency for
their involvement in a detention and interrogation program that helped to save
lives by averting terrorist attacks on the United States is unwarranted and
will likely have a chilling effect on the critical work of their colleagues and
other United States national security professionals;
(4)urges the
President and the Attorney General to immediately close the Department of
Justice’s ongoing investigation, and decline future prosecution, of Central
Intelligence Agency employees for actions related to the interrogation of
detainees at overseas locations, including the use of enhanced interrogation
techniques on detained terrorists at such locations; and
(5)urges the
President to develop and implement policies allowing for the long-term
detention and interrogation by the intelligence community of high-value
detainees, including detainees who are captured overseas or are in the custody
of foreign countries.