Other critics said the reservations expressed by the FBI foreshadowed legal difficulties the Pentagon is now facing as it prepares to try terrorism suspects at the Guantanamo Bay military tribunal in Cuba.
The report shows that harsh methods "were not working, would not work and would come back to haunt the United States as it moved from intelligence gathering to prosecution," said Jennifer Daskal, a lawyer with Human Rights Watch, a Washington-based advocacy group. "This is exactly what we are seeing now, with the efforts to prosecute the alleged terrorists in Guantanamo Bay fatally tainted by the possible use of evidence obtained through torture and other abuse."
According to Fine, friction between the FBI and the CIA surfaced in the spring of 2002, when two FBI agents were assigned to help the CIA obtain information from alleged Al Qaeda operations chief Abu Zubaydah, who was captured in Pakistan in 2002. Zubaydah is one of three detainees the Bush administration has acknowledged subjecting to a type of simulated drowning known as waterboarding.
The internal Justice auditors found no evidence that FBI agents witnessed or were aware of CIA interrogators using that technique. But other aggressive techniques the CIA was using gave the agents pause and raised concerns about the moral and legal culpability of observing interrogations that violated FBI policy. One FBI agent at the scene objected that techniques the CIA was using on Zubaydah amounted to "borderline torture," according to the Fine report.
Friction between the FBI and the military surfaced in late 2002 over the handling of alleged Al Qaeda operative Mohammed Qahtani, who was being held at Guantanamo Bay. Fine said the FBI favored building rapport with the suspect over a long period so he might be persuaded to cooperate; the military insisted on a more aggressive tack. In one instance, that included attaching a leash to him and making him perform dog tricks.
FBI concerns about those practices were flagged to top Justice Department officials. But senior officials there told Fine that concerns about the legality of the techniques or their impact on future prosecutions was never a focus. The overriding concern, he found, was whether techniques were effective at developing "actionable intelligence."
The Pentagon, which is gearing up for the death penalty trials of several suspects in the Sept. 11 attacks, announced last week that it was dropping charges against Qahtani. The alleged "20th hijacker" had been designated for prosecution in February.
"We found no evidence that the FBI's concerns influenced [Department of Defense] interrogation policies," the report says. Once it was established that military interrogators were permitted to use interrogation techniques not available to FBI agents, the agents stopped complaining as much.
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rick.schmitt@latimes.com
