The Bush Administration’s Oft-Repeated (and Now Challenged) Waterboarding Claims

Cora Currier
ProPublica / News Analysis
Published: Tuesday 18 September 2012
The CIA, President George W. Bush, and Donald Rumsfield have repeatedly said only 3 people have been waterboarded, but that is no longer true.
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For many years, Bush administration officials have said that the CIA waterboarded only three terror suspects. Despite nearly endless revelations and investigations about the U.S.'s treatment of detainees, there has never been evidence contradicting those claims. But that changed earlier this month.

Human Rights Watch recently released a report detailing the accounts of 14 Libyan men who claim they were detained and, in some cases, subject to harsh interrogations by the U.S. before being transferred back to Libyan prisons, where they also faced abuse.

One man, Mohammed Al-Shoreoiya, provided a detailed account of being waterboarded “many times” while in U.S. custody in an Afghan prison between 2003 and 2004. Another man described a similar form of water torture, conducted without a board.

None of the men's accounts could be confirmed, but as the New York Times noted, the detainees did not seek out Human Rights Watch, and their descriptions of their treatment, including waterboarding, are consistent with CIA procedural documents that have been made public.

The CIA first confirmed waterboarding in February 2008, when then-CIA director Michael Hayden told a Senate committee that “only three detainees” had been waterboarded — Khalid Sheikh MohammedAbu Zabaydah, and Abd Al Rahim al-Nashiri. No one, he said, had been subjected to the process since 2003. That claim has been repeated by former President George W. Bush and top officials from his administration. Former Defense Secretary Donald Rumsfeld has also noted that the military did not waterboard.

A spokesman for the CIA told ProPublica that “the Agency has been on the record that there are three substantiated cases in which detainees were subjected to the waterboarding technique under the program.”

Here are top Bush administration officials stating, again and again, only three detainees were waterboarded [emphasis added]:

George W. Bush

Of the thousands of terrorists we captured in the years after 9/11, about a hundred were placed into the CIA program. About a third of those were questioned using enhanced techniques. Three were waterboarded.

– November 2010, in his memoir, Decision Points.

President Bush also repeated the line in interviews that fall with the Times of London and Fox News.

Dick Cheney, former vice president

It is a fact that only detainees of the highest intelligence value were ever subjected to enhanced interrogation. You've heard endlessly about waterboarding. It happened to three terrorists.

-- May 21, 2009: Dick Cheney, in a speech at the American Enterprise Institute.

In 2009, Cheney made the same claim in another speech and in interviews with the Washington TimesCNN and CBS. In 2011, he mentioned it again in a speech at AEI.

Donald Rumsfeld, former defense secretary

[Michael Hayden] looked at all the evidence and concluded that a major fraction of the intelligence in our country on al Qaeda came from individuals, the three, only three people who were waterboarded... no one was waterboarded at Guantanamo by the U.S. military. In fact, no one was waterboarded at Guantanamo, period.Three people were waterboarded by the CIA, away from Guantanamo and then later brought to Guantanamo.

-- May 3, 2011, in an interview with Fox News.

Rumsfeld repeated the line that year in interviews with CNNCBS, the Associated PressCharlie Rose and in a speech in February 2012.

Michael Hayden, former CIA director

Let me make it very clear and to state so officially in front of this committee that waterboarding has been used on only three detainees. It was used on Khalid Sheikh Mohammed, it was used on Abu Zubaydah, and it was used on Nashiri. The CIA has not used waterboarding for almost five years. We used it against these three high-value detainees because of the circumstances of the time.

–Feb. 5, 2008, in testimony to a Senate committee.

Hayden also reiterated the three-person figures in a memo circulated that month to CIA employees and on Meet the Press that March. He repeated it again in an interview with Newsweek in 2009.

John Yoo, former Justice Department official

Waterboarding we think is torture, but it happened to three people. The scale of magnitude is different....We've done it three times.

--June 1, 2008, in an interview with Esquire Magazine.

Yoo also said three people had been waterboarded in a June 2008 congressional hearing.

Karl Rove, senior adviser to Bush

[Coercive techniques] were used against some thirty hard-core terrorist detainees who had successfully resisted other forms of interrogation. Only three were waterboarded.

–March 2010, in his memoir, Courage and Consequences.

Michael Mukasey, former attorney general

The fact is that Khalid Sheikh Mohammed, who was subjected to enhanced interrogation techniques, including waterboarding — he was one of three people who were waterboarded — did disclose the name — the nickname actually, which was the name that this courier actually used — in the course of the questioning that took place after enhanced interrogation techniques.

--May 17, 2011, in remarks at the American Enterprise Institute.

Jose Rodriguez Jr., former director of the National Clandestine Service at the CIA

In fact, only three detainees: Mohammed, Zubaydah and one other were ever waterboarded, the last one more than nine years ago.

-- May 10, 2012: Jose Rodriguez Jr., in an op-ed on CNN.com

Rodriguez also mentioned the figure in interviews this spring with Fox News and the New Yorker.

Bill Harlow, who co-authored Rodriguez' book on interrogations, said that Rodriguez stands by his statement. “These procedures were not done without extensive documentation and authorization, as part of an officially approved program, and all the documentation there shows three individuals,” Harlow said.

The other officials we've cited did not respond to requests for comment.

President Obama came into office proclaiming a ban on torture, stating that waterboarding was unequivocally a form of torture, and making the infamous “torture memos” public. But the administration has said no one would be prosecuted for waterboarding or other interrogation methods previously sanctioned by the government, and announced last month it would close the last two investigations into CIA abuse.

A Justice Department spokesman would not comment on whether the government ever investigated the Libyan cases. Laura Pitter, the author of the Human Rights Watch report, said that none of the men she interviewed said they had been contacted by U.S. investigators about their detention.

The CIA spokesman said that he could not comment on specific allegations, but that “the Department of Justice has exhaustively reviewed the treatment of more than 100 detainees in the post-9/11 period — including allegations involving unauthorized interrogation techniques — and it declined prosecution in every case.”



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6 comments on "The Bush Administration’s Oft-Repeated (and Now Challenged) Waterboarding Claims"

BozoAdult

September 19, 2012 1:38am

The day it was revealed that this nation had tortured I knew we had crossed the line--we were now the "bad guys". The Nazis and Imperial Japanese tortured, not the United States. We believed in the Geneva Convention.

But all that adherence to the Geneva Convention flew out the window after the chickenhawks stole the election in 2,000. Chickenhawks don't need the protection of the Geneva Convention because they are never on the front lines. They are like George Bush and Mitt Romney--in favor of the Vietnam War but they never participated in it.

Sunflowerbio

September 18, 2012 4:03pm

If an officer hands a bucket to a CIA agent, he doesn't engage in torture. The same goes for a CIA agent. If he hands some poor Polish agent a bucket, he doesn't torture. It's all in the definition, not the impetus or the results.

Whitemellon

September 18, 2012 12:45pm

Yes, holding Hands and singing, " We are the World." They are truely the evel untouchables and they know it. They laugh at the, "less thens" importance because they know the system is ripe for payoffs and with the new corporation inspired sucurity state they will be doing the same scams for years to come.

mklund

September 18, 2012 11:33am

Right. This is like the unfaithful husband claiming, "It was only three times!" or "It was only with three prostitutes; they deserved it!" It's not the others; it's not the number. It's the act itself.

William Bednarz

September 18, 2012 10:39am

. . . waterboarding was declared "TORTURE" in the days of the inquistiions
one perseon or everybody makes no nevermind it is TORTURE - which is why they did it behind closed doors at GITMO (our private concentration camp) ( out of sight / out of mind )
Did the C.I.A. learn it in South America where we supported Pinochet?? A domocracy supporting dictators - despots - tyrants
THE THROWING OF HUMAN RIGHTS OUT THE WINDOW - SUPPORTED BY GEORGE BUSH. . . . DICK CHENEY . . . . ALBERTO GONZALES (the GENEVA CONVENTIONS ARE QUAINT and need not apply????)
WASHINGTON - supports the banks . . . . Wall Street . . . THE MILITARY......it would be nice to say they support the people
. . . T R A I T O R S >>>>in power or out >>> GENERAL BENEDICT ARNOLD, said what """he was doing was what was best for the country"""
home grown terrorist??? or PATRIOT???
ARE YOU SAFER TODAY - THAT YOU NEED A POLICE STATE ?.?.?.?

Kootenay Coyote

September 18, 2012 9:30am

They murdered, tortured, lied & defrauded, & still walk proud & free.