The Unofficial Story of the al-Qaeda 14

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That would have worked, even in this case of such overpowering emotions, had those on our side fighting the so-called war on terrorism not made certain tactical decisions early on. As the dusty rabble of Afghan fighters moved to the newly opened Guantánamo in early 2002 and the first al-Qaeda operative--the pint-size Ibn al-Sheikh al-Libi--was picked up, debate raged inside the Administration as to what would produce the highest-quality "yield" from interrogation with the greatest speed. There was fear of a second-wave attack, after all, and U.S. intelligence was panicked. On one side was the FBI, which touted its 1990s experience interrogating al-Qaeda operatives--interrogation that led to numerous prosecutions for the first World Trade Center attack and other bombings. Yes, it took a while to break, or co-opt, informants, but the wait was worth it, and everything was admissible in court. The thing the FBI learned: al-Qaeda members assumed their jailers would dismember them. When instead the interrogators presented a tough but very human face, the detainees were confused. Small amenities--an FBI agent's knowledge of the Koran, unlimited videos and even an operation for an al-Qaeda member's child--were the kinds of things that eventually turned them. Patience was rewarded. On the other side was the CIA, bursting with urgency and a taste for "whatever's necessary" improvisation--a view encouraged by White House lawyers and a series of anything-goes legal opinions. Bush, heavily directed by Vice President Dick Cheney, went with the CIA. Top-level captives would go to the agency. No one thought much about the summation of the FBI's pitch--successful prosecution in U.S. courts. That was for later, or never.

The wheel came round last week in a strange mix of announcements. In the East Room, Bush unveiled his story line: essentially, I have brought these captives out of the darkness of CIA "black site" prisons to get things started legally; you, the Congress, must approve my proposal for a very narrowly proscribed military tribunal to dispose of them. He added that the harsh interrogation methods were not illegal, were often productive and were something he had reserved the right to order again, ostensibly through the CIA. Meanwhile, across the Potomac, a Pentagon panel met the press to disclose the 16 "old school" ways that would be acceptable methods of interrogation for detainees coming into their custody, conspicuously excluding the harsh, morally challenging techniques already used on the dirty dozen plus two.