BACKGROUNDER: MARCH 2018

Gina Haspel, Nominee for CIA Director

The administration has nominated to be ◼ and James Mitchell, the architects the director of the CIA. Haspel played a central role of the program, who were supervised by in the CIA’s torture program. She ran a CIA “black Haspel at Site GREEN, were sued by site”—a secret where detainees were two former detainees whom the CIA tortured and unlawfully abused—in and participated in the family of a third detainee who was also the destruction of nearly 100 video tapes tortured and died in U.S. custody. In their documenting the torture of detainees. This defense, Jessen and Mitchell argued that they document provides information on Haspel’s should not be held liable because they involvement in the CIA’s program and includes links conducted their work for the CIA, and sought to to additional details and sources. depose Haspel to prove their claim. In their filing, Jessen and Mitchell claimed “Ms. Haspel Gina Haspel played a direct role in the CIA’s was centrally involved in the events alleged” in torture program the lawsuit. ◼ Haspel was the Chief of Base of the CIA located in Thailand (referred to as Detention Haspel supported and helped facilitate the Site GREEN in the Senate Torture Report), a destruction of evidence and tapes documenting secret prison where detainees were subjected to the torture at the black site she oversaw torture and other unlawful abuse. Under ◼ In late 2002, the CIA shut down the black site in Haspel’s supervision, Abd Al-Rahim al-Nashiri Thailand that Haspel ran. According to James was brutally tortured, including at least three Mitchell, Haspel told her security officer “to burn sessions. It is not clear based on everything that he could in preparation for public reporting what role, if any, Haspel played sanitizing the black sites.” When she asked in the torture of , though it is clear superiors in Washington, DC if nearly 100 video at minimum that she knew of it. Zubaydah was tapes of the interrogations could also be waterboarded 83 times, and in “at least one destroyed, they advised her not to. session…became completely unresponsive, with ◼ In 2004, Haspel served as chief of staff to Jose bubbles rising through his open, full mouth and Rodriguez when he was Director of the CIA’s required medical intervention.” National Clandestine Service and in charge of ◼ According to the Senate Torture Report, as the torture program. During this time, Haspel Chief of Base, Haspel was the only person at wrote the cable that authorized the destruction the black site who was permitted to “interrupt or of the same video tapes that her superiors and stop an interrogation in process.” There is no White House officials had previously said not to indication based on public reporting that Haspel destroy. Rodriguez wrote in his memoir that in took any steps to stop any torture or abuse, 2005, “my chief of staff drafted a cable despite clear signs of physical and psychological approving the action we had been trying to trauma on the part of detainees. accomplish for so long. The cable left nothing to chance. It even told them how to get rid of the

Human Rights First BACKGROUNDER: MARCH 2018

tapes. They were to use an industrial-strength ◼ When it came time for Director Brennan to shredder to do the deed.” appoint a permanent head of the National Clandestine Service, Haspel was not selected. Military leaders, interrogators, and other senior Reports indicate that Senator national security professionals have strongly blocked the promotion due to Haspel’s role in opposed the torture tactics that Haspel supported and oversaw the CIA’s torture program and destruction of evidence. ◼ In January 2017, 176 of the country’s most distinguished retired generals and admirals Haspel may have approved the use of wrote to President Trump, advising him against techniques beyond what was authorized, and the torture or cruel, inhuman, or degrading disobeyed direct orders from the White House treatment of detainees in U.S. custody. They ◼ Those who support Haspel insist that she was wrote, “The use of waterboarding or any so- simply “following orders” when she oversaw the called ‘enhanced interrogation techniques’ is torture of al-Nashiri, and that she should not be unlawful under domestic and ,” held accountable for her actions. Principle IV of and added, “It increases the risks to our troops, the Nuremberg Principles states that “the fact hinders cooperation with allies, alienates that a person acted pursuant to order of his populations whose support the Government or of a superior does not relieve needs in the struggle against , and him from responsibility under international law, provides a propaganda tool for extremists who provided a moral choice was in fact possible to wish to do us harm.” him.” The so-called “enhanced interrogation ◼ Experienced interrogators and intelligence techniques”, including waterboarding, were professionals also oppose the use of torture and clearly unlawful under domestic and abusive interrogation techniques. Officials from international law at the time they were the CIA, NCIS, FBI, DEA, DIA, and U.S. military “authorized” by U.S. officials and in fact the wrote, “Torture is not only illegal and immoral; it United States had previously prosecuted others is counterproductive. It tends to produce for waterboarding and similar forms of torture. unreliable information because it degrades a ◼ The treatment of al-Nashiri that Haspel oversaw detainee's ability to recall and transmit may have gone beyond what her superiors information, undermines trust in the interrogator, authorized. According to the Senate Torture and often prompts a detainee to relay false Report and the CIA Inspector General, Haspel information that he believes the interrogator likely had knowledge of, and may have had wants to hear.” some involvement in, so-called “enhanced Haspel was previously blocked from a senior interrogation techniques” that exceeded the government position due to her involvement in authority of what the DOJ and CIA Headquarters the torture program authorized. The result, in many cases, was ◼ Haspel became acting head of the CIA’s brutal and unlawful interrogation approaches National Clandestine Service on February 28, that caused lasting physical and psychological 2013. Several prominent government officials, harm to detainees. including Senator Dianne Feinstein (D-CA), ◼ Al-Nashiri and other detainees were also raised concerns with then-CIA Director John subjected to several other unauthorized Brennan about Haspel’s involvement with the techniques, including mock executions, threats torture program. with power drills and pistols, and threats against

Human Rights First BACKGROUNDER: MARCH 2018

family members. Haspel at minimum would have almost certainly had knowledge of these actions, and it should be clarified what role, if any, she may have played in helping carry them out. ◼ Haspel disobeyed a direct order with respect to the destruction of the video tapes documenting the torture of both Abu Zubaydah and al-Nashiri. Former CIA lawyers, multiple White House Counsels, and numerous federal judges advised that the videotapes could not be destroyed without authorization from the White House. No such authorization was given before Haspel drafted the cable approving their destruction.

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