Dirty Wars (6 page)

In the early days of the Bush administration, Black began agitating once again for authorization to go after bin Laden. “
He used to come in my office
and regale me with all the times when he had tried to do something about Osama bin Laden, prior to 9/11,” recalled Lawrence Wilkerson, who served as Secretary of State Colin Powell's chief of staff at the time. He told me Black said that “because of the lack of courage of Delta [Force], and lack of bureaucratic competence in the CIA, he'd never been able to do anything.” According to Wilkerson, Black told him that “every time they presented a possibility to Delta, for example, they would come up with this list of questions they had to answer, like, ‘What kind of nails are in the door?' ‘What kind of lock is on the door?' ‘Give us the serial number on the lock,' and all this kind of stuff, which is just standard SOF [Special Operations Forces] stuff for not wanting to do something.” Much to Black's satisfaction, such meticulous practices would soon be dispensed with altogether.

On
August 6, 2001
, President Bush was at his Crawford, Texas, ranch, where he received a presidential daily brief titled “
Bin Ladin Determined to Strike in US
.” It twice mentioned the possibility that al Qaeda operatives may try to hijack airplanes, saying FBI information “indicates patterns of suspicious activity in [the United States] consistent with preparations for hijackings or other types of attacks, including recent surveillance of federal buildings in New York.” Nine days later, Black addressed a secret Pentagon counterterrorism conference. “We're going to be
struck soon
,” Black said. “Many Americans are going to die, and it could be in the U.S.”

After 9/11, Bush and Cheney rewrote the rules of the game. Black no longer needed to hold a gun to anyone's head to get permission for lethal operations. “My personal emotion was, It is now officially started,” Black recalled. “The analogy would be the junkyard dog that had been chained to the ground was now going to be let go. And
I just couldn't wait
.” In his initial meeting with President Bush after the 9/11 attacks, Black outlined how CIA paramilitaries would deploy to Afghanistan to hunt down bin Laden and his henchmen. “When we're through with them, they will have
flies walking across their eyeballs
,” Black promised, in a performance that would earn him a designation in the inner circle of the administration as “the flies-on-the-eyeballs guy.” The president reportedly loved Black's style. When he told Bush the operation would not be bloodless, the president said, “
Let's go
. That's war. That's what we're here to win.” Philip Giraldi, a career CIA case officer who went through “The Farm,” the CIA's training facility in rural Virginia, with Black, recalled running into him in Afghanistan shortly after the first US teams hit the ground post-9/11. “I hadn't seen him in many years,” Giraldi told me. “
I was astonished
at how narrow-minded he had become. He would basically keep talking about bringing back bin Laden's head on a platter—and he meant his head on a platter.” Giraldi said that Black “had a narrow view of things,” and loathed America's closest European allies, including the British, saying, “He didn't trust them a bit.” When it came to the emerging US global war, Giraldi said, Black was “a real enthusiast, which is unusual in the Agency. In the Agency, people tend to be kind of skeptical. If you're an intelligence officer in the field, you get skeptical of a lot of things real fast. But Cofer was one of these enthusiasts.”

On September 19, the CIA team, code-named Jawbreaker, deployed. Black gave his men direct and macabre instructions. “Gentlemen, I want to give you
your marching orders
, and I want to make them very clear. I have discussed this with the President, and he is in full agreement,” Black told covert CIA operative Gary Schroen and his team. “I don't want bin Laden and his thugs captured, I want them dead,” Black demanded. “They must be killed. I want to see photos of their heads on pikes. I want bin Laden's head shipped back in a box filled with dry ice. I want to be able to show bin Laden's head to the President. I promised him I would do that.” Schroen said it was the first time in his thirty-year career that he had been ordered to assassinate an adversary rather than attempting a capture. Black asked if he had made himself clear. “Perfectly clear, Cofer,” Schroen told him. “I don't know where we'll find dry ice out there in Afghanistan, but I think we can certainly manufacture pikes in the field.” Black later explained why this would be necessary. “
You'd need some DNA
,” Black said. “There's a good way to do it. Take a machete, and whack off his head, and you'll get a bucketful of DNA, so you can see it and test it. It beats lugging the whole body back!” When Russian diplomats meeting with Black in Moscow ahead of the full US invasion of Afghanistan reminded Black of the Soviet defeat at the hands of the US-backed mujahedeen, Black shot back. “We're going to kill them,” he said. “We're going to put their heads on sticks. We're going to
rock their world
.” In a sign of things to come, the covert operations Black organized immediately after 9/11 relied heavily on
private contractors. The initial CIA team consisted of about sixty former Delta Force, ex-SEALs and other Special Forces operators working for Black as independent contractors, making up the
majority of the first Americans
to go into Afghanistan after 9/11.

In the beginning, the list of people who had been pre-cleared for CIA targeted killing was small: estimates ranged from
seven to two dozen
people, including bin Laden and his deputy, Ayman al Zawahiri. And the operations were largely focused on Afghanistan. On October 7, President Bush
officially launched
“Operation Enduring Freedom,” and the US military began a campaign of air strikes, followed by a ground invasion. In the early days of the Afghanistan campaign, CIA personnel and Special Forces worked in concert. “We are fighting for the CT [counterterrorism] objectives in the Afghan theater,” the chief of counterterrorist special operations wrote in a memo to CIA personnel in October 2001. “And although this sets high goals in very uncertain, shifting terrain, we are also fighting for the future of CIA/DOD integrated counterterrorism warfare around the globe. While we will make mistakes as we chart new territory and new methodology, our objectives are clear, and our concept of
partnership is sound
.” At the time, the CIA had a very
small paramilitary capability
, but as the lead agency responsible for hunting down those responsible for 9/11, the CIA could borrow Special Operations Forces for missions.

Rumsfeld had no interest in being the support team for the CIA, and the Agency's emerging centrality in the growing US war did not sit well with the defense secretary. Rumsfeld had nothing but contempt for the Clinton administration, and he, Cheney and their neoconservative allies thought that the CIA had become a watered-down liberal iteration of its former self. Covert action, they believed, had been handcuffed by lawyers and unnecessary and intrusive congressional oversight that would hinder what they perceived as life-and-death operations that needed to be conducted in secret. Although Cofer Black shared Rumsfeld's zeal for killing “terrorists,” that was not enough. Rumsfeld wanted nothing to do with CIA oversight bureaucrats, and he didn't want his forces under CIA control. Cheney had made clear that under this administration, CIA lawyers and
congressional committees
would not be viewed as defenders of the law or as part of a necessary system of checks and balances. As Rumsfeld was fond of saying, these institutions were a hindrance to “taking the fight to the terrorists.” Lawyers would be consulted to rubber-stamp secret policies and only certain, select members of Congress would be consulted. Briefings to Congress, including mandated full-access briefings to the elite “Gang of Eight” congressional members who were historically briefed on intelligence operations regarding covert actions, would be censored
and redacted internally at the White House, meaning a sanitized version would be given to US lawmakers.

In the months after 9/11, Cheney, Rumsfeld and their teams launched several major initiatives aimed at ensuring that no bureaucracy would stand in the way of their plans for the unchecked use of the darkest US forces. Cheney wanted to disabuse the CIA of the idea that it had any kind of independence. Rather than having the Agency serve as the president's premier fact-checking and intelligence resource, the CIA's new job would be to reinforce predetermined policy. Cheney wanted to gut the inter-agency reviews of proposed lethal actions that were standard under Clinton. Soon after 9/11, the White House convened a group of senior administration lawyers whose job it would be to legally justify torture, kidnapping and assassination. The group secretly dubbed itself the “War Council” and was led by David Addington, Cheney's counsel and longtime adviser who had worked with him on the “
minority report
” defending Iran-Contra. It
also included
White House counsel Alberto Gonzales and his deputy, Tim Flanigan; the Pentagon's general counsel, William Haynes; and Deputy Assistant Attorney General John Yoo.
The War Council
explicitly excluded
the State Department's general counsel and other military and Justice Department lawyers who had historically been included in reviewing legal structures for combating terrorism. This point was clear: this group was to develop legal justification for tactics in a covert dirty war, not to independently assess their legality.

To fight its global war, the White House made extensive use of the tactics Cheney had long advocated. Central to its “dark side” campaign would be the use of presidential findings that, by their nature, would greatly limit any effective congressional oversight. According to the National Security Act of 1947, the president is required to
issue a finding
before undertaking a covert action. The law states that the action must comply with US law and the Constitution. The presidential finding signed by Bush on September 17, 2001, was used to create a highly classified, secret program code-named
Greystone
. GST, as it was referred to in internal documents, would be an umbrella under which many of the most clandestine and legally questionable activities would be authorized and conducted in the early days of the Global War on Terror (GWOT). It relied on the administration's interpretation of the AUMF passed by Congress, which declared any al Qaeda suspect anywhere in the world a
legitimate target
. In effect, the presidential finding declared all covert actions to be preauthorized and legal, which critics said violated the spirit of the National Security Act. Under GST, a series of
compartmentalized programs
were created that, together, effectively formed a global assassination and kidnap operation.
Authority for targeted kills was radically streamlined. Such operations no longer needed direct presidential approval on a case-by-case basis. Black, the head of the Counterterrorism Center, could now
directly order hits
.

The day Bush signed the memorandum of notification, which among other initiatives, authorized a High Value Detainee program, CTC personnel and “
selected foreign counterparts
” were briefed on it in Washington, DC. “Cofer [Black] presented a new Presidential authorization that broadened our options for dealing with terrorist targets—one of the few times such a thing had happened since the CIA was officially banned from carrying out assassinations in 1976,” recalled Tyler Drumheller, the former head of CIA clandestine ops in Europe. “It was clear that the Administration saw this as a war that would largely be fought by intelligence assets. This required a new way of operating.” John Rizzo, a veteran CIA attorney who helped draft the authorization, later said, “I had never in my experience been part of or ever seen a presidential authorization as far-reaching and as aggressive in scope. It was
simply extraordinary
.”

GST was also the vehicle for snatch operations, known as extraordinary renditions. Under GST, the CIA began coordinating with intelligence agencies in various countries to establish “
Status of Forces
” agreements to create secret prisons where detainees could be held, interrogated and kept away from the Red Cross, the US Congress and anything vaguely resembling a justice system. These agreements not only gave immunity to US government personnel, but to
private contractors
as well. The administration did not want to put terror suspects on trial, “because they would get
lawyered up
,” said Jose Rodriguez, who at the time ran the CIA's Directorate of Operations, which was responsible for all of the “action” run by the Agency. “[O]ur job, first and foremost, is to obtain information.” To obtain that information, authorization was given to interrogators to use ghoulish, at times medieval, techniques on detainees, many of which were developed by studying the torture tactics of America's enemies. The War Council lawyers issued a
series of legal documents
, later dubbed the “Torture Memos” by human rights and civil liberties organizations, that attempted to rationalize the tactics as necessary and something other than torture. “We needed to get everybody in government to put their
big boy pants
on and provide the authorities that we needed,” recalled Rodriguez, who, with Black, would become one of the key architects of the torture policy. “I had had a lot of experience in the Agency where we had been left to hold the bag. And I was not about to let that happen for the people that work for me.”

The CIA began secretly holding prisoners in Afghanistan on the edge of Bagram Airfield, which had been commandeered by US military forces.
In the beginning, it was an ad hoc operation with prisoners stuffed into
shipping containers
. Eventually, it expanded to a handful of other discrete sites, among them an underground prison near the Kabul airport and an old brick factory north of Kabul. Doubling as a CIA substation, the factory became known as the “
Salt Pit
” and would be used to house prisoners, including those who had been snatched in other countries and brought to Afghanistan. CIA officials who worked on counterterrorism in the early days after 9/11 said that the idea for a network of secret prisons around the world was not initially a big-picture plan, but rather
evolved
as the scope of operations grew. The CIA had first looked into using
naval vessels
and remote islands—such as uninhabited islands dotting Lake Kariba in Zambia—as possible detention sites at which to interrogate suspected al Qaeda operatives. Eventually, the CIA would build up its own network of secret “black sites” in at least eight countries, including Thailand, Poland, Romania, Mauritania, Lithuania and Diego Garcia in the Indian Ocean. But in the beginning, lacking its own secret prisons, the Agency began
funneling suspects
to Egypt, Morocco and Jordan for interrogation. By using foreign intelligence services, prisoners could be
freely tortured
without any messy congressional inquiries.