Just wanted to point to two tiny details from this passage about the "field trip" of the War Council (Addington, Yoo, Haynes, Gonzales, and Rizzo, plus friends) to Gitmo on September 25, 2002.
According to a trip report prepared by a Deputy Staff Judge Advocate at SOUTHCOM, MG Dunlavey held private conversations with Mr. Haynes and a few others and briefed the entire group on a number of issues including "policy constraints" affecting interrogations at the JTF. 354 For example, MG Dunlavey told the group that JTF-170 would "like to take Koran away from some detainees – hold it as incentive" but that the issue was undergoing a policy determination by SOUTHCOM.355 The trip report noted that Mr. Haynes "opined that JTF-170 should have the authority in place to make those calls, per POTUS order," adding that he "[t]hought JTF-170 would have more freedom to command. 356 MG Dunlavey told the Committee that he may have told the group during their visit that JTF-170 was working on a request for authority to use additional interrogation techniques. 357 Mr. Haynes said he did not recall discussing specific interrogation techniques or GTMO’s work on a request for authority to use additional interrogation techniques. 358
According to the Staff Judge Advocate (SJA) at GTMO, LTC Diane Beaver, there was discussion among senior staff at GTMO as to whether or not the JTF required explicit authorization to use interrogation approaches that had not been taught to interrogators at the U.S. Army Intelligence Center at Fort Huachuca, Arizona. While some felt that JTF-170 already had the authority to use additional interrogation techniques, MG Dunlavey directed his staff to draft a request for new authorities to submit to SOUTHCOM for approval.
The Discussion of the Bybee Two Memo?
First, remember that when Addington testified before the Assholes Who Torture hearing last year, he made clear when asked whether he had discussed the Bybee One memo on this Gitmo trip that it was the Bybee One memo–and not the Bybee Two memo (the one that described torture methods)–about which he was responding. That left the distinct possibility that he discussed the Bybee Two memo on the trip.
Note this conversation with General Dunlavey then: he speaks with Haynes "and a few others," all in the context of a discussion of harsher methods to use at Gitmo.
Nothing earth-shattering about the possibility that they discussed the torture memo while they were discussing torture methods. But I would recommend that if Congress ever gets the chance to ask Addington this question again, they might try, "The SASC report describes a meeting with Dunlavey, Haynes, and a few others. At that meeting, did you talk about the Bybee Two memo and torture methods in particular?"
The POTUS Order
Next, look at Haynes’ response when Dunlavey says he wants to use the Koran as in incentive in interrogations.
Mr. Haynes "opined that JTF-170 should have the authority in place to make those calls, per POTUS order," adding that he "[t]hought JTF-170 would have more freedom to command.
Per POTUS order … that sounds like it may be a reference to the POTUS order the special forces guys were using in Iraq a year and a half later. And the reference to "While some felt that JTF-170 already had the authority to use additional interrogation techniques," probably relates at least to Haynes, though may refer to the other members of the War Council as well.
It sort of makes you wonder whether 1) Addington shared the Bybee Two memo as a "how to" manual, and 2) Haynes and others said, "well you don’t NEED Rummy’s signature, but if it’ll make you feel better."
Housekeeping note: I’m going to be off line for significant chunks of time this week. bmaz has the keys (if he remembers where in the liquor cabinet he left them), but otherwise, I’ll just be checking in periodically.