The other compelling testimony the Judiciary Committee will hear this morning is from Phillip Zelikow, who was Condi Rice's top aide and counselor for most of her tenure at the White House and State Department. Zelikow plainly believes he knew the Bush administration intended to torture when it ignored the 9/11 Commission's recommendation to acknowledge the legitimacy of Common Article III of the Geneva Convention. "That refusal plainly signaled that the administration was reserving the right to inflicttreatment that might violate the so‐called 'CID' standard." CID, you will know, stands for conduct that is "cruel, inhuman, or degrading," which is the standard construction used by most anti-torture treaties and legislation the U.S. is party to.
By the time I began engaging in these arguments, in the spring and summer of 2005, another important source of data had emerged. This was the American intelligence and interrogation effort against al Qaeda in Iraq. This was an interagency effort, including CIA and FBI experts, organized by the military's Joint Special Operations Command. By 2005, if not earlier, this program was complying with basic international standards in its interrogation of captives. The program was high‐tempo and time‐urgent. The officers running the interrogation program considered it effective and, at least by mid‐2005, the government's leaders were aware of their positive assessment.
Interesting point here: the JSOC program was authorized in 2002, and there were numerous, early reports of abuses. Somehow, JSOC operators -- the Delta Force boys, the Air Force SOAR teams, the Grey Fox collectors, Navy Seal folks -- got their act together. Since JSOC's operations are so highly classified, we don't know who instituted these reforms. (Perhaps it was Stanley McChrystal, the JSOC commander-in-chief.)