1
00:01:01,436 --> 00:01:04,774
CLIFFORD: How long you been
working on this project, Dan?

2
00:01:04,856 --> 00:01:07,650
DANIEL: Five years.

3
00:01:07,734 --> 00:01:09,986
CLIFFORD: Five, wow.

4
00:01:10,069 --> 00:01:13,114
Every day? Nights, weekends?

5
00:01:14,617 --> 00:01:16,911
DANIEL: It's been very consuming.

6
00:01:19,871 --> 00:01:23,584
Do you have
a relationship, Dan? Family?

7
00:01:23,667 --> 00:01:27,129
Just trying to get
a better sense of who you are.

8
00:01:27,212 --> 00:01:29,590
When it started, I was
seeing someone, but, you know,

9
00:01:29,673 --> 00:01:32,426
with the nature of the work
and the hours...

10
00:01:32,509 --> 00:01:35,179
I wasn't a very good partner.

11
00:01:39,057 --> 00:01:43,061
CLIFFORD: Five years,
and it could all go away.

12
00:01:43,145 --> 00:01:46,105
Just vanish in the face
of these allegations.

13
00:01:46,189 --> 00:01:48,025
I can certainly imagine

14
00:01:48,108 --> 00:01:49,944
an ambitious young man
like yourself

15
00:01:50,027 --> 00:01:51,861
spends years
with his head buried

16
00:01:51,945 --> 00:01:54,156
in some terrible spectacle,

17
00:01:54,240 --> 00:01:56,450
gets frustrated
with the process,

18
00:01:56,533 --> 00:01:58,828
sees an opportunity
to get the truth out faster,

19
00:01:58,911 --> 00:02:00,203
maybe crosses a line.

20
00:02:00,287 --> 00:02:01,890
I'm assuming this is
the most important thing

21
00:02:01,914 --> 00:02:03,682
- you've ever been a part of.
- I didn't do it.

22
00:02:03,706 --> 00:02:05,459
Or I can see
an equally ambitious senator

23
00:02:05,543 --> 00:02:06,918
encouraging you to do something.

24
00:02:07,001 --> 00:02:08,878
Now would be
a good time to tell me.

25
00:02:08,962 --> 00:02:10,965
That did not happen.
What I did, I did on my own.

26
00:02:12,049 --> 00:02:13,259
I acted alone.

27
00:02:13,342 --> 00:02:15,009
SECURITY GUARD:
You ever sleep, bro?

28
00:02:15,093 --> 00:02:17,805
- I used to. Got in the way of work.
- (SCANNER BEEPS)

29
00:02:17,888 --> 00:02:20,098
Anything in that bag
contain the real names

30
00:02:20,181 --> 00:02:22,308
of CIA officers,
assets or partners,

31
00:02:22,393 --> 00:02:24,687
or any information
that would be in violation

32
00:02:24,770 --> 00:02:27,105
of the agreement between
the Central Intelligence Agency

33
00:02:27,188 --> 00:02:28,691
and the United States Senate?

34
00:02:28,774 --> 00:02:31,526
- Have a good night, Jay.
- You, too, Dan.

35
00:02:33,319 --> 00:02:35,155
CLIFFORD:
So, you did steal the document?

36
00:02:35,239 --> 00:02:37,074
DANIEL: I did not steal it.
I relocated it.

37
00:02:37,156 --> 00:02:38,593
CLIFFORD:
Everyone has their own words.

38
00:02:38,616 --> 00:02:40,326
The language is built
to choose sides.

39
00:02:40,411 --> 00:02:42,579
Now, why did you relocate it?

40
00:02:44,038 --> 00:02:46,250
They could send you
to jail, Dan.

41
00:02:56,968 --> 00:02:58,971
DANIEL: I think I should
start at the beginning.

42
00:03:03,516 --> 00:03:05,644
(TRAFFIC PASSING IN DISTANCE)

43
00:03:18,449 --> 00:03:20,033
(CAMERA BEEPS, CLICKS)

44
00:03:30,502 --> 00:03:32,754
(PHONE RINGING IN DISTANCE)

45
00:03:40,219 --> 00:03:42,180
- MCDONOUGH: You Dan Jones?
- Yeah.

46
00:03:42,264 --> 00:03:43,264
- Denis McDonough.
- Hi.

47
00:03:43,348 --> 00:03:44,408
Thank you so much
for meeting me.

48
00:03:44,432 --> 00:03:46,100
Come on in, yeah. Absolutely.

49
00:03:46,185 --> 00:03:47,770
So, thanks for coming in.

50
00:03:47,853 --> 00:03:49,228
Uh, tell me your story.

51
00:03:49,312 --> 00:03:51,192
My second day of grad school
was September 11th.

52
00:03:51,230 --> 00:03:55,194
I was headed to a lecture,
and everything just... stopped.

53
00:03:55,276 --> 00:03:57,947
The next day, I changed all my
classes to national security.

54
00:03:58,030 --> 00:04:00,407
Good man.

55
00:04:00,491 --> 00:04:01,824
So, what's the long-term plan?

56
00:04:01,908 --> 00:04:03,618
Where do you see yourself
in ten years?

57
00:04:03,701 --> 00:04:05,037
Are you running for office?

58
00:04:05,120 --> 00:04:06,622
Oh, uh, no. No politics for me.

59
00:04:06,705 --> 00:04:08,390
I think I'd be more effective
behind the scenes,

60
00:04:08,414 --> 00:04:10,084
somewhere I can
really make a difference.

61
00:04:10,167 --> 00:04:11,543
So, what about before Harvard?

62
00:04:11,627 --> 00:04:13,753
Uh, what'd you fill up
your days with then?

63
00:04:13,836 --> 00:04:16,339
Teach For America
for three years in Baltimore.

64
00:04:16,423 --> 00:04:17,548
Seventh-graders.

65
00:04:17,632 --> 00:04:19,343
I read that you taught
high school Spanish

66
00:04:19,425 --> 00:04:20,985
in Saint Paul, Minnesota,
after college?

67
00:04:21,011 --> 00:04:22,553
And LBJ's first job was teaching

68
00:04:22,637 --> 00:04:24,639
at the Mexican school
in South Texas.

69
00:04:24,723 --> 00:04:26,266
Knowing how
to deal with children

70
00:04:26,350 --> 00:04:28,286
is a highly useful skill
when working on the Hill.

71
00:04:28,310 --> 00:04:29,687
(LAUGHS)

72
00:04:29,769 --> 00:04:32,355
But from my perspective
as Senate staff,

73
00:04:32,439 --> 00:04:36,235
I would wait until
things turn around up here.

74
00:04:36,317 --> 00:04:38,862
I think Senator Daschle
would say the same thing.

75
00:04:38,946 --> 00:04:41,824
Go get some real-world
experience in counterterrorism,

76
00:04:41,906 --> 00:04:44,242
in... foreign policy.

77
00:04:44,326 --> 00:04:46,452
Try the CIA. Try FBI.

78
00:04:46,536 --> 00:04:49,747
Have them teach you what they
don't teach you in a classroom.

79
00:04:49,831 --> 00:04:51,685
- Then you can come back here, and...
- (PHONE RINGING)

80
00:04:51,709 --> 00:04:54,252
help us fix all the things that
Bush and Cheney are breaking.

81
00:04:54,336 --> 00:04:56,170
McDonough.

82
00:04:56,254 --> 00:04:58,507
Yes, Senator, uh, one second.

83
00:04:58,590 --> 00:05:00,675
The boss. Here.

84
00:05:00,759 --> 00:05:02,093
Keep in touch, huh?

85
00:05:02,177 --> 00:05:04,721
- Thank you very much for your time.
- Absolutely.

86
00:05:04,805 --> 00:05:06,783
MCDONOUGH: I do not have
that information right now,

87
00:05:06,807 --> 00:05:09,268
but I can certainly get that
for you in the next 15.

88
00:05:09,350 --> 00:05:11,228
- (DOOR OPENS, CLOSES)
- Yeah.

89
00:05:16,608 --> 00:05:18,944
DANIEL: In regards to
the bomb plots in Germany,

90
00:05:19,028 --> 00:05:20,379
three men were arrested
in Medebach

91
00:05:20,403 --> 00:05:22,488
with 1,500 pounds
of hydrogen peroxide

92
00:05:22,572 --> 00:05:24,824
and 26 military-grade
detonators.

93
00:05:24,908 --> 00:05:26,785
The CIA suspects
the Islamic Jihad Union...

94
00:05:26,869 --> 00:05:28,137
- (DOOR OPENS)
- MORRIS: Excuse me.

95
00:05:28,161 --> 00:05:29,997
Uh, can I borrow you
for a minute, Dan?

96
00:05:30,079 --> 00:05:31,831
Uh, Senator would
like to see you.

97
00:05:31,915 --> 00:05:33,332
Yeah, of course.

98
00:05:34,209 --> 00:05:36,170
(PHONES RINGING)

99
00:05:36,252 --> 00:05:39,088
- FEINSTEIN: Morning, Dan.
- DANIEL: Morning, Senator.

100
00:05:39,173 --> 00:05:41,841
Have you seen the story today
in The New York Times?

101
00:05:41,925 --> 00:05:44,261
- No, Senator, I have not.
- Evidently, the CIA destroyed

102
00:05:44,343 --> 00:05:47,514
tapes of interrogations
of Al Qaeda detainees.

103
00:05:48,807 --> 00:05:51,060
Did the Intel Committee know
there were tapes?

104
00:05:51,143 --> 00:05:53,269
No. This is the first
I've heard of it.

105
00:05:53,353 --> 00:05:56,774
So, I want to find out
what was on the tapes

106
00:05:56,856 --> 00:05:58,233
and why they were destroyed.

107
00:05:58,317 --> 00:06:00,819
We want you to lead
the investigation, Dan.

108
00:06:02,862 --> 00:06:04,990
But if the tapes were
destroyed, how do we...

109
00:06:05,074 --> 00:06:07,117
FEINSTEIN: They're saying
they have written records.

110
00:06:07,201 --> 00:06:10,870
Thousands of pages.
Let's see about that.

111
00:06:10,954 --> 00:06:13,290
I want you to find out
exactly what they have

112
00:06:13,372 --> 00:06:15,250
and read every word of it.

113
00:06:18,461 --> 00:06:19,797
(GAVEL BANGING)

114
00:06:19,879 --> 00:06:24,550
FEINSTEIN: This report on the
destruction of tapes by the CIA

115
00:06:24,634 --> 00:06:27,178
- has been two years in the making.
- Thank you.

116
00:06:27,262 --> 00:06:29,848
The findings are very troubling,

117
00:06:29,932 --> 00:06:32,475
but it will remain classified.

118
00:06:32,558 --> 00:06:35,978
Based on these revelations,
a larger study into

119
00:06:36,062 --> 00:06:40,233
the entire CIA Detention
and Interrogation Program

120
00:06:40,317 --> 00:06:43,237
is clearly in order.

121
00:06:43,319 --> 00:06:46,072
All in favor, say "yay."

122
00:06:46,156 --> 00:06:48,367
- CLERK: Mr. Whitehouse?
- WHITEHOUSE: Yay.

123
00:06:48,449 --> 00:06:51,161
- CLERK: Mr. Burr?
- BURR: Yay.

124
00:06:51,245 --> 00:06:54,247
- CLERK: Mr. Rockefeller?
- ROCKEFELLER: Yay.

125
00:06:54,331 --> 00:06:56,582
CLERK: Mr. Chambliss?

126
00:06:56,667 --> 00:06:58,209
- CHAMBLISS: Nay.
- CLERK: Mr. Risch?

127
00:06:58,293 --> 00:07:00,629
CHAMBLISS: I think
this is a waste of time.

128
00:07:00,711 --> 00:07:02,630
Now, I know you voted
against this, Saxby...

129
00:07:02,713 --> 00:07:05,091
But you already had
your tapes investigation.

130
00:07:05,175 --> 00:07:08,470
Yes, but the rest of us
voted to go further, 14 to one.

131
00:07:08,553 --> 00:07:11,139
It's our job
to provide oversight.

132
00:07:11,223 --> 00:07:15,560
All during the campaign,
you got candidate Obama saying

133
00:07:15,644 --> 00:07:18,355
how he wanted to be the first
post-partisan president.

134
00:07:18,437 --> 00:07:20,189
Saxby, you know me.

135
00:07:20,274 --> 00:07:22,067
It's my intention
that this report be seen

136
00:07:22,151 --> 00:07:24,653
as coming from the entire
Intelligence Committee,

137
00:07:24,735 --> 00:07:26,321
not just the Democrats.

138
00:07:26,404 --> 00:07:27,947
So, who takes the lead?

139
00:07:28,031 --> 00:07:30,701
Well, I was thinking Dan Jones.

140
00:07:30,783 --> 00:07:33,829
He spent four years doing
counterterrorism at the FBI.

141
00:07:33,911 --> 00:07:36,581
He's already got
the security clearances.

142
00:07:36,665 --> 00:07:40,127
The rules are the same
as the tapes investigation.

143
00:07:40,209 --> 00:07:42,086
No politics, no bias,

144
00:07:42,170 --> 00:07:43,880
and the senator isn't interested

145
00:07:43,963 --> 00:07:45,716
in opinions or theories,
just facts.

146
00:07:45,798 --> 00:07:47,341
Based on what
you found out already,

147
00:07:47,425 --> 00:07:50,303
this could go to
a pretty dark place.

148
00:07:50,387 --> 00:07:52,430
You need to keep your
personal feelings out of it.

149
00:07:52,514 --> 00:07:55,433
That's the first thing
Republicans are gonna look for.

150
00:07:55,516 --> 00:07:57,519
No talking to the press
or your girlfriend

151
00:07:57,603 --> 00:07:59,312
or any family members.

152
00:07:59,396 --> 00:08:01,439
Nobody outside of the committee.

153
00:08:01,523 --> 00:08:03,274
You're gonna get a team of six...

154
00:08:03,358 --> 00:08:04,798
Three Republicans,
three Democrats...

155
00:08:04,860 --> 00:08:06,819
But there can't be
any Republican sentences

156
00:08:06,903 --> 00:08:08,613
or Democratic paragraphs.

157
00:08:08,697 --> 00:08:10,490
And how long do we have?

158
00:08:10,574 --> 00:08:13,326
We're hoping you can
wrap it up in a year or so.

159
00:08:13,410 --> 00:08:17,079
You're gonna have to keep the
senators updated on your work.

160
00:08:17,163 --> 00:08:19,457
Nobody wants any surprises.

161
00:08:19,540 --> 00:08:22,711
There's a covert CIA off-site
in Virginia.

162
00:08:22,793 --> 00:08:23,961
You start tomorrow.

163
00:08:24,045 --> 00:08:26,048
- Jones, right?
- Sean.

164
00:08:26,130 --> 00:08:29,343
- Hi. Dan.
- Sean Murphy from the Agency.

165
00:08:29,425 --> 00:08:31,677
- Let's go inside.
- Okay.

166
00:08:36,015 --> 00:08:38,434
SECURITY GUARD:
Identification, gentlemen.

167
00:08:38,518 --> 00:08:41,020
- The room we've designated is a SCIF.
- (SCANNER BEEPS)

168
00:08:41,104 --> 00:08:43,356
No phone reception, no photos...
You know the drill...

169
00:08:43,440 --> 00:08:45,442
- Lead walls.
- (SCANNER BEEPS)

170
00:08:45,524 --> 00:08:47,360
DANIEL: And, per the agreement,

171
00:08:47,443 --> 00:08:48,986
the room is off-limits
to everyone

172
00:08:49,071 --> 00:08:50,905
- except committee personnel.
- Absolutely.

173
00:08:50,989 --> 00:08:52,823
No one inside
without your permission.

174
00:08:52,908 --> 00:08:54,701
(DOOR OPENS)

175
00:08:56,787 --> 00:08:58,371
(DOOR CLOSES)

176
00:09:02,793 --> 00:09:04,669
- And the computers?
- Right here.

177
00:09:04,753 --> 00:09:07,172
Your own dedicated server,
air-gapped workstations.

178
00:09:07,255 --> 00:09:09,131
We'll be updating
the database as we go.

179
00:09:09,216 --> 00:09:11,301
The files will be loaded
on here as we collect them

180
00:09:11,384 --> 00:09:13,177
- from across the Agency.
- Great.

181
00:09:13,261 --> 00:09:15,197
We'll want all relevant
documents as soon as possible.

182
00:09:15,221 --> 00:09:16,698
- Well, we got to vet it first.
- Vet?

183
00:09:16,722 --> 00:09:18,100
There's a lot to...

184
00:09:18,182 --> 00:09:19,503
Director Panetta
agreed to give us

185
00:09:19,558 --> 00:09:20,870
everything pertaining
to the program.

186
00:09:20,894 --> 00:09:23,020
Wh-Who would be,
who would be vetting it?

187
00:09:23,105 --> 00:09:25,023
It's a big agency.

188
00:09:25,106 --> 00:09:26,774
We got to make sure
you don't get anything

189
00:09:26,857 --> 00:09:28,985
you're not supposed to.

190
00:09:29,068 --> 00:09:31,571
(KEYPAD BEEPING)

191
00:09:35,283 --> 00:09:37,244
(LIGHT SWITCHES CLICKING)

192
00:09:37,326 --> 00:09:39,538
(LIGHTS CLINKING)

193
00:09:54,427 --> 00:09:56,638
Make yourself at home.

194
00:10:05,605 --> 00:10:08,692
There's... no printer?

195
00:10:08,774 --> 00:10:10,152
No paper.

196
00:10:10,235 --> 00:10:12,278
No documents are allowed
to leave the room

197
00:10:12,361 --> 00:10:14,155
without CIA approval.

198
00:10:14,239 --> 00:10:18,201
Paper has a way of getting
people in trouble at our place.

199
00:10:20,703 --> 00:10:23,248
I think at some point
we're gonna need a printer.

200
00:10:23,331 --> 00:10:24,416
And paper.

201
00:10:24,499 --> 00:10:27,043
At our place...

202
00:10:27,126 --> 00:10:29,629
paper's how
we keep track of laws.

203
00:10:33,008 --> 00:10:34,551
Okay.

204
00:10:58,991 --> 00:11:01,160
(MOUSE CLICKING)

205
00:11:09,461 --> 00:11:11,671
(TV REPORTER SPEAKING FAINTLY)

206
00:11:11,754 --> 00:11:15,174
TV REPORTER: calling this
an obvious terrorist attack

207
00:11:15,258 --> 00:11:17,469
based on very
preliminary information,

208
00:11:17,552 --> 00:11:19,346
- (PHONES RINGING)
- the information that

209
00:11:19,428 --> 00:11:20,740
intelligence officials
are getting...

210
00:11:20,764 --> 00:11:22,474
MAN: You're not gonna like this.

211
00:11:22,557 --> 00:11:24,701
TV REPORTER: a possible
hijacked plane, and of course

212
00:11:24,725 --> 00:11:27,979
the-the very horrifying video
of the plane...

213
00:11:28,062 --> 00:11:30,399
We confirmed some of the names.

214
00:11:30,481 --> 00:11:31,774
The hijackers?

215
00:11:31,857 --> 00:11:33,610
Two of the guys from
the Malaysia meetings.

216
00:11:33,692 --> 00:11:35,986
The San Diego guys.
They took down Flight 77.

217
00:11:36,071 --> 00:11:37,364
Pentagon.

218
00:11:37,447 --> 00:11:39,008
TV ANCHOR: the coordination
that took place

219
00:11:39,032 --> 00:11:40,450
to have two planes
hit the towers...

220
00:11:40,533 --> 00:11:42,494
Attention, everyone, please.

221
00:11:42,576 --> 00:11:44,830
We have reason to believe
the Counterterrorism Center

222
00:11:44,913 --> 00:11:46,414
is a potential target.

223
00:11:46,498 --> 00:11:49,167
We're asking all personnel
to evacuate, immediately.

224
00:11:49,250 --> 00:11:51,229
- (CROWD MURMURING)
- TV REPORTER: Jim Miklaszewski

225
00:11:51,253 --> 00:11:52,504
there from the Pentagon.

226
00:11:52,586 --> 00:11:54,148
Of course, the president
has the authority

227
00:11:54,172 --> 00:11:56,633
to scramble
military, uh, forces,

228
00:11:56,716 --> 00:11:58,342
and, uh, this is a case,
obviously,

229
00:11:58,427 --> 00:12:01,011
in which, uh, retaliation,
if indeed it proves to be

230
00:12:01,096 --> 00:12:02,931
a terrorist incident,

231
00:12:03,014 --> 00:12:04,533
- will be contemplated.
- (DOOR CLOSES)

232
00:12:04,599 --> 00:12:06,619
DICK CHENEY (OVER TV):
We also have to work, though,

233
00:12:06,643 --> 00:12:08,202
sort of, the-the dark side,
if you will.

234
00:12:08,227 --> 00:12:09,707
We've got to spend time
in the shadows

235
00:12:09,770 --> 00:12:11,605
in-in the intelligence world.

236
00:12:11,690 --> 00:12:13,984
Uh, a lot of
what needs to be done here

237
00:12:14,067 --> 00:12:16,778
will have to be done quietly,
without any discussion...

238
00:12:16,861 --> 00:12:17,988
TENET: Fucking warned them.

239
00:12:18,071 --> 00:12:20,448
August 6th
presidential briefing:

240
00:12:20,532 --> 00:12:22,451
"Bin Ladin Determined
to Strike in U.S."

241
00:12:22,533 --> 00:12:24,952
- Flashing red lights.
- BLACK: And before that,

242
00:12:25,036 --> 00:12:27,163
in July, what did we say?

243
00:12:27,246 --> 00:12:29,582
"There will be
significant terrorist attacks

244
00:12:29,666 --> 00:12:33,669
against the United States in
the weeks and months to come."

245
00:12:33,753 --> 00:12:35,172
It's not your fault.

246
00:12:35,254 --> 00:12:38,841
It is a mean, nasty, dangerous,
uh, dirty business out there,

247
00:12:38,924 --> 00:12:41,302
and we have to operate
in that arena.

248
00:12:41,385 --> 00:12:43,429
But we need to make certain
that we have not

249
00:12:43,513 --> 00:12:46,725
tied the hands, if you will,
of our intelligence community.

250
00:12:46,807 --> 00:12:49,351
Counterterrorism Director Black
and I saw President Bush

251
00:12:49,436 --> 00:12:51,229
at Camp David this weekend.

252
00:12:51,312 --> 00:12:53,565
And the president gave me
his word that there will be

253
00:12:53,648 --> 00:12:57,318
no changes in CIA leadership as
a result of Tuesday's attacks.

254
00:12:57,402 --> 00:12:59,070
We will look forward now,

255
00:12:59,153 --> 00:13:02,532
not waste time second-guessing
or looking for blame.

256
00:13:02,615 --> 00:13:04,993
Going forward, we will be
the tip of the spear

257
00:13:05,076 --> 00:13:07,328
in the battle against Al Qaeda.

258
00:13:07,412 --> 00:13:09,998
BLACK: As I said
to the president, two weeks,

259
00:13:10,081 --> 00:13:13,125
we'll have flies walking
across Al Qaeda eyeballs.

260
00:13:13,210 --> 00:13:15,312
I've asked Chief Counsel Rizzo
here to walk us through

261
00:13:15,336 --> 00:13:17,505
where we are from
a legal standpoint.

262
00:13:17,588 --> 00:13:21,676
The president has issued
a memorandum of notification

263
00:13:21,759 --> 00:13:26,264
giving CIA the power to capture
and detain suspected terrorists

264
00:13:26,347 --> 00:13:27,765
on the battlefield.

265
00:13:27,849 --> 00:13:29,725
Detain them where?

266
00:13:29,808 --> 00:13:31,937
Are we bringing them
to the U.S.?

267
00:13:32,019 --> 00:13:34,147
We're really not
in the prison business

268
00:13:34,230 --> 00:13:36,399
- over in Counterterrorism.
- TENET: Look,

269
00:13:36,482 --> 00:13:39,110
the budget for Counterterrorism
last week was what?

270
00:13:39,193 --> 00:13:41,529
$600 million?

271
00:13:41,613 --> 00:13:45,200
The budget this week is
whatever you need it to be.

272
00:13:45,283 --> 00:13:48,161
And we are in whatever business
it takes to get the job done.

273
00:13:49,328 --> 00:13:51,121
DANIEL: Initially, CIA legal

274
00:13:51,206 --> 00:13:53,625
stated that any facility used
to hold detainees

275
00:13:53,707 --> 00:13:56,378
had to meet the requirements
of the U.S. Bureau of Prisons,

276
00:13:56,461 --> 00:13:57,605
but then Deputy Director Pavitt

277
00:13:57,629 --> 00:13:58,980
thought that was
gonna be too limiting.

278
00:13:59,004 --> 00:14:01,006
So, who came up
with the black sites?

279
00:14:01,091 --> 00:14:02,091
Not totally clear.

280
00:14:02,174 --> 00:14:03,759
My guess is either

281
00:14:03,842 --> 00:14:06,554
a senior officer
at Counterterr... CTC,

282
00:14:06,638 --> 00:14:08,014
or Alec Station bin Laden unit

283
00:14:08,097 --> 00:14:09,697
decided black sites
were the best option.

284
00:14:09,765 --> 00:14:12,686
Well, did the CIA
tell the State Department

285
00:14:12,769 --> 00:14:16,480
they were making deals
to hold people on foreign soil?

286
00:14:16,565 --> 00:14:19,609
Where was Secretary of State
Powell in all this?

287
00:14:19,692 --> 00:14:21,152
Well, I found a memo.

288
00:14:21,235 --> 00:14:24,364
- The CIA's general counsel...
- (PAPER RUSTLING)

289
00:14:24,447 --> 00:14:26,115
said the decision was made

290
00:14:26,198 --> 00:14:28,743
not to tell Powell
about the program,

291
00:14:28,826 --> 00:14:31,453
because...

292
00:14:31,538 --> 00:14:33,038
"He would blow his stack

293
00:14:33,123 --> 00:14:35,542
if he were to be briefed
on what was going on."

294
00:14:37,210 --> 00:14:39,421
Well, who decided that?

295
00:14:39,504 --> 00:14:41,255
Someone inside the White House.

296
00:14:41,338 --> 00:14:42,340
Mm-hmm.

297
00:14:43,424 --> 00:14:45,759
What about interrogations?

298
00:14:45,844 --> 00:14:47,596
President Bush's memoranda

299
00:14:47,678 --> 00:14:49,681
just authorized
capturing and detaining.

300
00:14:49,764 --> 00:14:51,850
It didn't say anything
about interrogations.

301
00:14:51,932 --> 00:14:54,769
And who gave them permission
to play that role?

302
00:14:54,852 --> 00:14:58,731
Nobody. It looks like
it started with legal at CTC.

303
00:15:01,650 --> 00:15:04,254
Do you want me to brief Senator McCain
on this? I know he's interested.

304
00:15:04,278 --> 00:15:06,990
The Republicans just
pulled out of the study, Dan.

305
00:15:09,868 --> 00:15:12,245
(DOOR OPENS)

306
00:15:12,328 --> 00:15:14,413
Good morning.

307
00:15:14,496 --> 00:15:16,457
Where is everybody?

308
00:15:18,543 --> 00:15:21,129
Attorney General Holder
opened a criminal investigation

309
00:15:21,211 --> 00:15:22,588
into the CIA.

310
00:15:22,672 --> 00:15:25,133
As a result, the Agency
won't allow any of their people

311
00:15:25,216 --> 00:15:26,759
to be interviewed
for our report.

312
00:15:26,842 --> 00:15:29,178
The Republicans don't see
how we can move forward,

313
00:15:29,261 --> 00:15:30,388
so they're out.

314
00:15:30,471 --> 00:15:31,847
(JULIAN SIGHS)

315
00:15:31,931 --> 00:15:33,390
So, does this mean we stop?

316
00:15:33,475 --> 00:15:35,184
I mean, the committee
voted to investigate.

317
00:15:35,268 --> 00:15:36,727
The senator says we keep going.

318
00:15:36,811 --> 00:15:38,706
But we can't actually talk
to anyone who was involved

319
00:15:38,730 --> 00:15:40,899
- in the program.
- Right. According to CIA legal,

320
00:15:40,981 --> 00:15:43,442
CIA personnel is
only speaking to DOJ.

321
00:15:43,525 --> 00:15:45,028
And is DOJ gonna
share their findings?

322
00:15:45,110 --> 00:15:46,403
I mean, can we work with them?

323
00:15:46,488 --> 00:15:47,881
I've reached out
to the special prosecutor.

324
00:15:47,905 --> 00:15:49,532
I'm waiting to hear back.

325
00:15:49,615 --> 00:15:51,509
Okay, but if nobody who
actually worked on the program

326
00:15:51,533 --> 00:15:53,787
is going to talk to us,
how do we investigate?

327
00:15:53,870 --> 00:15:55,288
So, we have the files,

328
00:15:55,371 --> 00:15:57,248
their e-mails and cables,
their memos.

329
00:15:57,331 --> 00:15:58,957
We have to use
their own communications

330
00:15:59,042 --> 00:16:00,250
to tell the story.

331
00:16:00,335 --> 00:16:02,796
Do you have any idea
how hard that's gonna be?

332
00:16:02,879 --> 00:16:05,048
The tapes investigation
took two years, Dan,

333
00:16:05,130 --> 00:16:08,009
and this is about a lot more
than what was on the tapes.

334
00:16:08,092 --> 00:16:11,011
Uh, we don't even know
what this is.

335
00:16:11,096 --> 00:16:13,264
Right, but we do know
who it starts with.

336
00:16:13,347 --> 00:16:15,725
We go one detainee at a time.

337
00:16:19,687 --> 00:16:21,605
(TYPING)

338
00:16:39,707 --> 00:16:42,168
(JET ENGINE IDLING)

339
00:16:44,546 --> 00:16:46,673
(SPEAKS ARABIC)

340
00:16:46,755 --> 00:16:48,883
(WHIMPERING)

341
00:16:48,966 --> 00:16:49,966
You speak English?

342
00:16:51,469 --> 00:16:53,178
My name is Ali Soufan.
I'm with the FBI.

343
00:16:53,263 --> 00:16:54,931
You're under arrest.

344
00:16:55,014 --> 00:16:58,017
- You understand?
- No. Where are you taking me?

345
00:17:00,644 --> 00:17:02,020
(DOOR CLOSES)

346
00:17:02,105 --> 00:17:04,231
(LABORED BREATHING)

347
00:17:04,315 --> 00:17:06,859
Your wound is infected.

348
00:17:06,942 --> 00:17:09,069
But we're going to
take good care of you.

349
00:17:13,991 --> 00:17:15,701
I want to show you something.

350
00:17:15,785 --> 00:17:16,869
(UNZIPS BAG)

351
00:17:22,291 --> 00:17:23,477
(CHATTER IN ARABIC OVER VIDEO)

352
00:17:23,500 --> 00:17:26,045
He's talking to
someone off-screen.

353
00:17:27,588 --> 00:17:30,340
He's calling him Mukhtar.

354
00:17:30,424 --> 00:17:32,218
You know who that is?

355
00:17:32,301 --> 00:17:34,220
(CHATTER OVER VIDEO CONTINUES)

356
00:17:42,519 --> 00:17:44,396
Mukhtar.

357
00:17:51,695 --> 00:17:54,199
- (BUTTON CLICKS, VIDEO STOPS)
- A man who lost his mind?

358
00:18:01,623 --> 00:18:03,208
ZUBAYDAH: No, not him.

359
00:18:03,290 --> 00:18:04,834
(SPEAKS ARABIC)

360
00:18:11,423 --> 00:18:13,092
Khalid Sheikh Mohammed?

361
00:18:17,888 --> 00:18:19,598
(ZUBAYDAH GROANS)

362
00:18:41,913 --> 00:18:43,832
Abu Zubaydah confirmed
that KSM is the leader

363
00:18:43,914 --> 00:18:46,667
of all Al Qaeda operations
outside of Afghanistan.

364
00:18:46,750 --> 00:18:48,044
He trained the hijackers.

365
00:18:48,126 --> 00:18:49,628
We're calling him
the mastermind.

366
00:18:49,711 --> 00:18:51,256
TENET: Outstanding.

367
00:18:51,338 --> 00:18:53,340
Hats off to the bin Laden group.

368
00:18:53,423 --> 00:18:55,093
Whichever one of
your people did this,

369
00:18:55,175 --> 00:18:57,345
I want to call them and
congratulate them in person.

370
00:18:57,427 --> 00:18:59,346
Who was it?

371
00:18:59,430 --> 00:19:01,266
Wasn't our guy.

372
00:19:01,348 --> 00:19:03,183
What? Who got it?

373
00:19:03,268 --> 00:19:05,936
BERNADETTE:
FBI is working Zubaydah.

374
00:19:06,019 --> 00:19:07,396
An FBI guy got this?

375
00:19:07,480 --> 00:19:09,315
Yes, Ali Soufan.

376
00:19:09,398 --> 00:19:11,233
Uh, they used him
in the Cole investigation.

377
00:19:11,317 --> 00:19:13,676
He's part of their counterterrorism group.
He speaks Arabic.

378
00:19:13,736 --> 00:19:16,364
I don't care who speaks Arabic.

379
00:19:16,446 --> 00:19:19,116
This is not just
a criminal investigation.

380
00:19:19,200 --> 00:19:20,868
We are gathering
intelligence here.

381
00:19:20,951 --> 00:19:22,369
That is what we do.

382
00:19:22,452 --> 00:19:24,705
The FBI is looking at the past.

383
00:19:24,788 --> 00:19:26,958
We need to stop attacks
in the future.

384
00:19:27,040 --> 00:19:29,294
I want CIA in the room
with this guy, okay?

385
00:19:29,376 --> 00:19:32,337
I want CIA
in the room with Zubaydah.

386
00:19:32,422 --> 00:19:34,107
GRETCHEN: So, who do we have
who can work on him?

387
00:19:34,132 --> 00:19:35,652
CIA runs sources,
people who cooperate.

388
00:19:35,717 --> 00:19:37,134
That's not these guys.

389
00:19:37,218 --> 00:19:39,386
Every second we are not
draining the detainee's brain,

390
00:19:39,470 --> 00:19:41,180
we are rolling the dice.

391
00:19:41,263 --> 00:19:42,765
We need our people in the room.

392
00:19:42,848 --> 00:19:45,727
We need to be the ones
asking the questions now.

393
00:19:45,809 --> 00:19:48,270
I heard from someone
over in Technical Services,

394
00:19:48,354 --> 00:19:50,105
a woman named Miriam,

395
00:19:50,189 --> 00:19:52,817
about a couple of
Air Force psychologists

396
00:19:52,901 --> 00:19:56,237
who came in and pitched a whole
new approach to interrogations.

397
00:19:56,320 --> 00:19:58,615
Jim Mitchell and Bruce Jessen.

398
00:19:58,698 --> 00:20:01,701
Miriam says Mitchell
has the special sauce.

399
00:20:01,784 --> 00:20:03,368
(PHONE RINGS IN DISTANCE)

400
00:20:03,452 --> 00:20:06,247
Zubaydah didn't
tell us everything,

401
00:20:06,330 --> 00:20:10,042
because we stopped short
of where we needed to go.

402
00:20:10,125 --> 00:20:15,757
SERE stands for Survival,
Evasion, Resistance and Escape.

403
00:20:15,839 --> 00:20:20,260
It's a program to help prepare
U.S. Special Forces

404
00:20:20,345 --> 00:20:22,638
for whatever they might
encounter if captured.

405
00:20:22,721 --> 00:20:26,142
Now, I have over 14,000 hours

406
00:20:26,224 --> 00:20:28,894
observing SERE
interrogation techniques.

407
00:20:28,978 --> 00:20:30,980
Bruce here has more than that...

408
00:20:31,064 --> 00:20:32,898
Uh, observing, as opposed to...?

409
00:20:32,981 --> 00:20:35,943
I took a course in conducting
interrogations as well.

410
00:20:36,027 --> 00:20:38,820
I worked with volunteers
in actual simulations.

411
00:20:38,904 --> 00:20:41,907
We feel we can reverse engineer

412
00:20:41,990 --> 00:20:45,827
these SERE techniques
to induce learned helplessness.

413
00:20:45,912 --> 00:20:47,829
EASTMAN: Can you explain
what that means,

414
00:20:47,913 --> 00:20:49,874
"reverse engineer"?

415
00:20:49,958 --> 00:20:51,917
Instead of using
these techniques

416
00:20:52,000 --> 00:20:53,670
to protect our people,

417
00:20:53,752 --> 00:20:57,882
we use them to achieve
compliance in the detainees.

418
00:20:57,965 --> 00:21:01,176
Our plan involves, uh,
using individual assessments

419
00:21:01,259 --> 00:21:05,973
of detainees to create
a program designed to induce

420
00:21:06,057 --> 00:21:09,769
debility, dependency and dread.

421
00:21:09,852 --> 00:21:12,980
- We call these the three "D"s.
- Three "D"s.

422
00:21:13,064 --> 00:21:15,066
And there's science
to back this up?

423
00:21:15,148 --> 00:21:16,692
MITCHELL: Oh, yes. Yes, sir.

424
00:21:16,776 --> 00:21:18,486
BERNADETTE:
Excuse me, Dr. Mitchell.

425
00:21:18,568 --> 00:21:21,530
Can you elaborate on, uh, the
techniques you'll be employing?

426
00:21:21,614 --> 00:21:23,031
Absolutely.

427
00:21:25,117 --> 00:21:28,037
The, uh, the attention grasp.

428
00:21:30,248 --> 00:21:31,874
Walling.

429
00:21:31,958 --> 00:21:33,960
Facial hold.

430
00:21:34,042 --> 00:21:38,297
The facial slap or insult slap.

431
00:21:38,381 --> 00:21:40,298
Cramped confinement.

432
00:21:41,843 --> 00:21:44,052
Wall standing.

433
00:21:44,136 --> 00:21:47,222
Stress positions.

434
00:21:47,306 --> 00:21:49,642
Sleep deprivation.

435
00:21:49,726 --> 00:21:51,769
Waterboarding.

436
00:21:51,853 --> 00:21:53,813
Use of insects.

437
00:21:53,895 --> 00:21:56,398
And mock burials.

438
00:21:59,777 --> 00:22:02,029
Well, from my perspective,
this seems like it could be

439
00:22:02,113 --> 00:22:05,032
a potential game changer,
but, of course...

440
00:22:05,115 --> 00:22:07,076
it's up to Director Rodriguez.

441
00:22:07,160 --> 00:22:09,912
I think if we're serious about
stopping the next threat,

442
00:22:09,996 --> 00:22:11,830
we need to put on
our big boy pants

443
00:22:11,913 --> 00:22:13,708
and provide the authorities
these guys need.

444
00:22:13,790 --> 00:22:18,253
These approaches might...
raise some eyebrows at Defense.

445
00:22:18,336 --> 00:22:21,173
Well, we're not at Defense.
We're at the CIA.

446
00:22:21,257 --> 00:22:22,633
Besides, you just said,

447
00:22:22,717 --> 00:22:24,676
we use this SERE stuff
on our guys all the time.

448
00:22:24,760 --> 00:22:26,762
I don't see a problem.

449
00:22:26,846 --> 00:22:28,765
DANIEL: Shortly after
the CIA's decision

450
00:22:28,847 --> 00:22:30,974
to engage Dr. Mitchell,
Abu Zubaydah was moved

451
00:22:31,058 --> 00:22:33,269
to a cell that was lit
24 hours a day.

452
00:22:33,352 --> 00:22:36,480
Loud noise was fed into
his cell to disrupt his sleep.

453
00:22:36,564 --> 00:22:38,441
What about the guy
who got him talking?

454
00:22:38,523 --> 00:22:40,151
Ali Soufan?

455
00:22:40,233 --> 00:22:42,111
Wait, he's FBI, not CIA.

456
00:22:42,194 --> 00:22:44,614
So, we can ask him
questions, right?

457
00:22:44,697 --> 00:22:47,075
No rule against that.

458
00:22:47,157 --> 00:22:48,617
We can try.

459
00:22:57,835 --> 00:22:59,420
(BIRDS CHIRPING)

460
00:22:59,503 --> 00:23:01,838
SOUFAN: There's only
one interrogation technique

461
00:23:01,923 --> 00:23:04,424
THAT WORKS: rapport building.

462
00:23:04,509 --> 00:23:07,260
You get close to these guys,
and they open up.

463
00:23:07,345 --> 00:23:09,221
But the CIA didn't believe that.

464
00:23:09,305 --> 00:23:10,890
Just look at Abu Zubaydah.

465
00:23:10,972 --> 00:23:13,101
Well, you got him to talk.
How'd you do that?

466
00:23:13,183 --> 00:23:16,269
I walked in one day and
played him a tape of himself.

467
00:23:16,354 --> 00:23:18,689
Most of it was
of a phone conversation.

468
00:23:18,772 --> 00:23:20,232
Uh, we had tapped his phones.

469
00:23:20,316 --> 00:23:22,652
But he forgot to hang up
at the end of the call,

470
00:23:22,734 --> 00:23:25,570
so we had all this
background noise of his house.

471
00:23:25,654 --> 00:23:27,573
Then my partner walked in

472
00:23:27,656 --> 00:23:30,117
with a big box
full of cassette tapes.

473
00:23:30,201 --> 00:23:32,369
We told him we had bugged
his safe house;

474
00:23:32,452 --> 00:23:34,038
we had been listening
for months;

475
00:23:34,122 --> 00:23:36,707
we knew everything,
so lying was pointless.

476
00:23:36,790 --> 00:23:38,750
He looked at
the box full of tapes and...

477
00:23:38,835 --> 00:23:40,211
And all-all the tapes
were blank.

478
00:23:40,294 --> 00:23:43,005
Of course they were.
But he didn't know that.

479
00:23:43,088 --> 00:23:45,048
So, he talked.

480
00:23:45,133 --> 00:23:48,552
Uh, what happened when
the contractors showed up?

481
00:23:49,720 --> 00:23:51,471
Who the fuck is this?

482
00:23:51,556 --> 00:23:53,491
BERNADETTE: Dr. Mitchell
is an Air Force psychologist,

483
00:23:53,516 --> 00:23:55,643
and he's developed
a new method of interrogation.

484
00:23:55,726 --> 00:23:57,246
SOUFAN: Why-why do we need
a new method?

485
00:23:57,269 --> 00:23:59,188
He's not telling you everything.

486
00:23:59,271 --> 00:24:01,398
BERNADETTE:
We think he knows more.

487
00:24:01,481 --> 00:24:02,732
We put him at number three

488
00:24:02,817 --> 00:24:04,359
or number four
in Al Qaeda leadership.

489
00:24:04,442 --> 00:24:05,546
He probably knows the next move.

490
00:24:05,569 --> 00:24:07,864
Do you speak Arabic, Jim?
Does Gary here?

491
00:24:07,946 --> 00:24:09,198
Don't need to.

492
00:24:10,907 --> 00:24:12,535
C-Can I ask you something?

493
00:24:12,617 --> 00:24:16,873
Have you ever interrogated
any sort of extremist before?

494
00:24:16,955 --> 00:24:19,959
- Know much about Al Qaeda?
- No.

495
00:24:20,041 --> 00:24:22,627
Have you ever interrogated
any sort of terrorist before?

496
00:24:22,711 --> 00:24:26,132
- No.
- Any sort of criminal?

497
00:24:26,214 --> 00:24:27,592
No.

498
00:24:27,674 --> 00:24:30,344
Have you ever interrogated
anyone before?

499
00:24:30,428 --> 00:24:31,679
It's not important.

500
00:24:31,761 --> 00:24:35,807
He's a human;
I'm a psychologist.

501
00:24:35,892 --> 00:24:37,643
He knows a secret,

502
00:24:37,727 --> 00:24:42,190
and I'm gonna get him
to tell that secret to Gary.

503
00:24:42,272 --> 00:24:44,554
SOUFAN: What-what are you going
to do to him that isn't...

504
00:24:44,608 --> 00:24:46,861
MITCHELL: What am I gonna do?

505
00:24:46,943 --> 00:24:48,570
What is Jim gonna do?

506
00:24:48,653 --> 00:24:51,907
Jim's gonna do what works.

507
00:24:51,990 --> 00:24:53,910
(HEAVY METAL MUSIC BLARING)

508
00:24:53,992 --> 00:24:55,994
GUARD 1: Let's go, shitbird!

509
00:24:56,077 --> 00:24:58,288
(ZUBAYDAH PANTING)

510
00:25:00,082 --> 00:25:01,875
GUARD 2: Move it, asshole!

511
00:25:01,959 --> 00:25:03,251
(ZUBAYDAH SHOUTS)

512
00:25:03,336 --> 00:25:04,878
ZUBAYDAH: Help! Please!

513
00:25:04,961 --> 00:25:07,048
(ZUBAYDAH SHOUTING)

514
00:25:07,131 --> 00:25:09,508
(HEAVY METAL MUSIC
CONTINUES BLARING)

515
00:25:14,346 --> 00:25:16,807
(CLIPPERS BUZZING)

516
00:25:21,269 --> 00:25:23,064
SOUFAN: You can't just shave
a Muslim man.

517
00:25:23,146 --> 00:25:24,267
Do you know what that means?

518
00:25:24,315 --> 00:25:26,525
He's going to shut down.

519
00:25:26,608 --> 00:25:29,153
Got to humiliate him,
right off the bat.

520
00:25:29,237 --> 00:25:31,113
Same reason
we took away his clothes.

521
00:25:31,196 --> 00:25:32,740
Why the loud music?

522
00:25:32,823 --> 00:25:34,575
Sleep deprivation.

523
00:25:34,659 --> 00:25:37,244
We stop the music
when he starts talking.

524
00:25:37,327 --> 00:25:38,913
Then he can sleep.

525
00:25:38,996 --> 00:25:40,580
Tired people tell the truth?

526
00:25:40,664 --> 00:25:42,708
Learned helplessness.

527
00:25:42,791 --> 00:25:45,836
You're familiar with
Dr. Martin Seligman?

528
00:25:45,920 --> 00:25:48,381
Seligman did
an experiment with dogs.

529
00:25:48,463 --> 00:25:50,298
He put them in a cage

530
00:25:50,383 --> 00:25:52,926
with a barrier
running down the middle.

531
00:25:53,009 --> 00:25:54,636
And one side of the cage
was electrified

532
00:25:54,720 --> 00:25:56,263
and the other wasn't.

533
00:25:56,346 --> 00:25:58,140
At first,
when he shocked the dogs,

534
00:25:58,223 --> 00:26:00,142
they'd jump over the barrier
to get away.

535
00:26:00,226 --> 00:26:02,435
And then
he electrified both sides.

536
00:26:04,020 --> 00:26:05,439
There was no escape.

537
00:26:07,023 --> 00:26:09,402
No belief they could
change anything.

538
00:26:09,484 --> 00:26:13,489
He'd open the door to the cage,
they wouldn't even leave.

539
00:26:13,571 --> 00:26:15,031
It's learned helplessness.

540
00:26:15,115 --> 00:26:17,076
That's what we're
gonna instill in this man.

541
00:26:17,159 --> 00:26:18,868
You'll see.

542
00:26:20,246 --> 00:26:22,873
(STEADY HAMMERING)

543
00:26:25,000 --> 00:26:27,627
SOUFAN: A coffin?
You're gonna kill him?

544
00:26:27,711 --> 00:26:29,922
Let's call it a confinement box.

545
00:26:30,006 --> 00:26:32,758
I got this one,
and I got a smaller one.

546
00:26:32,842 --> 00:26:35,510
And you're gonna
put him in there?

547
00:26:35,594 --> 00:26:40,598
With these, which, based on
my evaluation, he hates.

548
00:26:40,682 --> 00:26:42,393
Are you out of your mind?

549
00:26:43,394 --> 00:26:44,979
- We don't do this.
- (HAMMERING)

550
00:26:45,061 --> 00:26:46,521
You know this is
against the law.

551
00:26:46,605 --> 00:26:49,150
The most senior people
have signed off on it.

552
00:26:49,232 --> 00:26:50,734
We're putting him on trial.

553
00:26:50,817 --> 00:26:52,903
How are we gonna build
a case against him?

554
00:26:54,113 --> 00:26:56,615
Who says he's getting a trial?

555
00:26:58,491 --> 00:27:01,619
SOUFAN: I wanted to arrest him
right there on the spot.

556
00:27:01,703 --> 00:27:04,123
- I told the Bureau that.
- What'd they say?

557
00:27:04,205 --> 00:27:06,000
They briefed Director Mueller,

558
00:27:06,083 --> 00:27:09,170
and told me to get the hell
out of there, so I did.

559
00:27:09,252 --> 00:27:11,963
- When was that?
- Late May, mid-May or...

560
00:27:12,048 --> 00:27:14,592
'Cause I'm finding records
that say that Mitchell left

561
00:27:14,674 --> 00:27:16,551
a little while later,
early June,

562
00:27:16,634 --> 00:27:20,181
for R and R and some meetings
at headquarters.

563
00:27:20,263 --> 00:27:22,849
But we had one
high-value detainee in custody,

564
00:27:22,932 --> 00:27:24,434
Abu Zubaydah.

565
00:27:24,518 --> 00:27:27,063
And after Mitchell left,
the CIA put him in isolation,

566
00:27:27,145 --> 00:27:29,815
and didn't ask him
a single question for 47 days.

567
00:27:31,567 --> 00:27:33,527
Are you fucking kidding me?

568
00:27:33,611 --> 00:27:35,738
The whole country was
on red alert that summer.

569
00:27:35,820 --> 00:27:37,740
If they were so concerned
about the next attack,

570
00:27:37,823 --> 00:27:39,092
why'd they stop
asking questions?

571
00:27:39,115 --> 00:27:40,395
Right, it doesn't
make any sense.

572
00:27:40,451 --> 00:27:42,452
Once the psychologist showed up,

573
00:27:42,536 --> 00:27:44,204
almost nothing did anymore.

574
00:27:51,461 --> 00:27:53,631
DANIEL: The CIA said
Zubaydah was involved

575
00:27:53,713 --> 00:27:55,758
in every major
terrorist operation

576
00:27:55,840 --> 00:27:57,134
carried out by Al Qaeda.

577
00:27:57,218 --> 00:27:58,635
They told the president

578
00:27:58,719 --> 00:28:00,238
he was number three or four
in the organization.

579
00:28:00,261 --> 00:28:02,722
Yes, that was
my understanding as well.

580
00:28:02,807 --> 00:28:04,974
And the claim that
Zubaydah was a major player

581
00:28:05,058 --> 00:28:07,499
was the main justification they
gave to the Justice Department

582
00:28:07,560 --> 00:28:09,020
for needing to go harder.

583
00:28:09,105 --> 00:28:10,915
They were certain
he knew about the next attack.

584
00:28:10,940 --> 00:28:12,566
But last night I found this.

585
00:28:13,983 --> 00:28:16,487
Turns out Zubaydah wasn't three
or four in the organization.

586
00:28:16,569 --> 00:28:18,823
He wasn't part of
Al Qaeda leadership at all.

587
00:28:18,905 --> 00:28:20,950
They only had one source
calling him that,

588
00:28:21,032 --> 00:28:23,326
and that source later admitted
he was lying.

589
00:28:23,411 --> 00:28:26,079
So, they exaggerated who he was

590
00:28:26,163 --> 00:28:28,707
to the president
and the Department of Justice

591
00:28:28,790 --> 00:28:32,127
in order to get legal approvals
for these new techniques?

592
00:28:32,211 --> 00:28:33,671
Is that what you're saying?

593
00:28:33,753 --> 00:28:36,423
I think that's a possibility.

594
00:28:36,507 --> 00:28:38,217
The program
really starts with him.

595
00:28:39,009 --> 00:28:41,846
(BOARD BANGS LOUDLY)

596
00:28:42,930 --> 00:28:45,223
Have you guys
used this thing before?

597
00:28:45,307 --> 00:28:47,476
The waterboard?

598
00:28:47,559 --> 00:28:49,269
No, it's a Navy thing.

599
00:28:49,353 --> 00:28:51,063
But we watched a video.

600
00:28:51,146 --> 00:28:52,647
We tested it on each other,

601
00:28:52,730 --> 00:28:55,276
just to get a feel
for the experience.

602
00:28:55,358 --> 00:28:57,027
Is it safe?

603
00:28:58,612 --> 00:28:59,864
Yes.

604
00:29:05,243 --> 00:29:07,288
(HEAVY METAL MUSIC BLARING)

605
00:29:07,371 --> 00:29:09,457
<i>♪ Monarch to the kingdom
of the dead... ♪</i>

606
00:29:09,539 --> 00:29:11,333
(ZUBAYDAH GRUNTING)

607
00:29:11,416 --> 00:29:14,044
MITCHELL (OVER TV): Who are
the operatives inside the U.S.?

608
00:29:14,127 --> 00:29:15,503
ZUBAYDAH (SOBS): I don't know!

609
00:29:15,587 --> 00:29:17,964
- (HEAVY METAL MUSIC BLARING)
- ♪</i> Infamous... ♪</i>

610
00:29:18,048 --> 00:29:20,049
(ZUBAYDAH GRUNTING)

611
00:29:20,134 --> 00:29:21,676
MITCHELL:
When is the next attack?

612
00:29:21,759 --> 00:29:22,760
ZUBAYDAH: I don't know.

613
00:29:22,845 --> 00:29:25,221
(ZUBAYDAH SOBBING, PLEADING)

614
00:29:27,641 --> 00:29:29,977
(ZUBAYDAH PANTING)

615
00:29:30,059 --> 00:29:31,311
(CHOKING, GASPING)

616
00:29:31,394 --> 00:29:35,607
JESSEN:
One, two, three, four, five,

617
00:29:35,691 --> 00:29:40,237
six, seven, eight, nine, 10, 11,

618
00:29:40,320 --> 00:29:42,948
- 12, 13, 14,
- (ZUBAYDAH CONTINUES GASPING)

619
00:29:43,031 --> 00:29:46,451
15, 16, 17, 18,

620
00:29:46,535 --> 00:29:50,038
19, 20, 21, 22,

621
00:29:50,122 --> 00:29:54,835
23, 24, 25, 26.

622
00:29:54,919 --> 00:29:58,130
(GASPING VIOLENTLY, COUGHING)

623
00:30:01,842 --> 00:30:04,553
MITCHELL:
When is the next attack?

624
00:30:04,636 --> 00:30:07,472
Who are the operatives
inside the U.S.?

625
00:30:07,556 --> 00:30:09,391
(ZUBAYDAH GASPING, COUGHING)

626
00:30:11,894 --> 00:30:13,854
Anything in that bag
contain the real names

627
00:30:13,938 --> 00:30:16,147
of CIA officers,
assets or partners,

628
00:30:16,231 --> 00:30:18,608
or any information that would
violate the agreement between

629
00:30:18,692 --> 00:30:21,569
the Central Intelligence Agency
and the United States Senate?

630
00:30:21,653 --> 00:30:23,489
- All good.
- All right, good night.

631
00:30:23,571 --> 00:30:25,240
- Have a good night, Jay.
- Get home safe.

632
00:30:25,324 --> 00:30:27,409
Good night.

633
00:30:27,492 --> 00:30:29,452
(CRICKETS CHIRPING)

634
00:30:40,838 --> 00:30:42,799
(CAR ALARM CHIRPS)

635
00:30:42,883 --> 00:30:45,051
Dan Jones?

636
00:30:48,263 --> 00:30:49,722
Do I know you?

637
00:30:49,807 --> 00:30:51,892
No, but I think I can help you.

638
00:30:51,976 --> 00:30:54,936
- Help-help me with what?
- The EIT program.

639
00:30:55,019 --> 00:30:57,105
That's what you're
looking into, isn't it?

640
00:30:59,775 --> 00:31:03,153
I need to know
I won't be named, anywhere.

641
00:31:03,237 --> 00:31:05,029
I'm still with the Agency.

642
00:31:05,114 --> 00:31:08,701
My even being here with you,
talking, is...

643
00:31:12,496 --> 00:31:13,872
What was your involvement?

644
00:31:13,955 --> 00:31:17,542
Office of Medical Services,
black sites.

645
00:31:17,625 --> 00:31:20,712
- So, you're a doctor?
- Physician's assistant.

646
00:31:20,796 --> 00:31:22,338
The American Medical Association

647
00:31:22,423 --> 00:31:23,882
won't allow doctors
to be involved.

648
00:31:23,965 --> 00:31:26,301
THEY TAKE AN OATH: do no harm.

649
00:31:26,384 --> 00:31:28,554
We're the next best thing.

650
00:31:28,636 --> 00:31:31,222
I was there
when the contractors arrived.

651
00:31:33,308 --> 00:31:35,685
They made tapes of the
Abu Zubaydah interrogations,

652
00:31:35,769 --> 00:31:37,186
but there's a 21-hour period

653
00:31:37,270 --> 00:31:39,230
where the transcripts
are missing... nothing.

654
00:31:39,315 --> 00:31:41,025
They were using the waterboard.

655
00:31:41,107 --> 00:31:43,027
Zubaydah lost consciousness.

656
00:31:43,109 --> 00:31:45,278
He was choking to death,
drowning.

657
00:31:45,362 --> 00:31:47,155
Not just thinking
he was drowning,

658
00:31:47,239 --> 00:31:48,990
he was actually
fucking drowning.

659
00:31:50,909 --> 00:31:52,661
I was told that the waterboard

660
00:31:52,744 --> 00:31:54,913
was only gonna be used
as a last resort.

661
00:31:54,997 --> 00:31:57,249
The contractors did
an assessment of the prisoner,

662
00:31:57,333 --> 00:31:59,460
- and they made a call...
- What kind of assessment?

663
00:31:59,542 --> 00:32:01,377
Th-They bounced him
off the walls a few times

664
00:32:01,461 --> 00:32:03,963
and then strapped him down and
poured water down his throat.

665
00:32:04,048 --> 00:32:05,965
We understand this is
a different approach,

666
00:32:06,049 --> 00:32:08,218
- but it's based on science.
- Science?

667
00:32:08,301 --> 00:32:09,928
Oh, come on. What science?

668
00:32:10,011 --> 00:32:12,156
- Have you seen their science?
- They believe the waterboard

669
00:32:12,181 --> 00:32:13,575
is working here
to create compliance.

670
00:32:13,598 --> 00:32:14,849
Well, of course they do.

671
00:32:14,932 --> 00:32:17,019
They're the ones who get
to decide when it's used.

672
00:32:17,102 --> 00:32:19,771
And they're also the ones who
get to decide if it's working.

673
00:32:19,855 --> 00:32:21,440
How is that even ethical?

674
00:32:21,522 --> 00:32:23,608
The people we're dealing with
weaponized daily life.

675
00:32:23,692 --> 00:32:26,153
Would you like to talk about
the ethics of that?

676
00:32:27,070 --> 00:32:28,404
We're here to make sure

677
00:32:28,489 --> 00:32:30,949
that nothing like that
ever happens again.

678
00:32:31,032 --> 00:32:32,451
They're training their people

679
00:32:32,534 --> 00:32:33,845
to resist
traditional interrogations

680
00:32:33,868 --> 00:32:35,148
in the back of a cave somewhere.

681
00:32:35,203 --> 00:32:37,455
So we need to change
our approach

682
00:32:37,538 --> 00:32:41,626
before another bomb goes off
or another building falls down.

683
00:32:41,710 --> 00:32:43,295
Okay, okay.

684
00:32:43,378 --> 00:32:47,132
What is gonna happen when one
of our soldiers gets captured

685
00:32:47,215 --> 00:32:49,884
and takes out a card with
the Geneva Convention on it

686
00:32:49,968 --> 00:32:52,346
and wants to be treated
like a human being?

687
00:32:52,429 --> 00:32:54,972
You think his captors
aren't gonna remember

688
00:32:55,057 --> 00:32:56,974
the way these people
were treated here?

689
00:32:57,058 --> 00:33:00,061
- And for what?
- Do you have a kid at home?

690
00:33:02,897 --> 00:33:05,817
We're not gonna get beat again.

691
00:33:05,901 --> 00:33:07,152
Besides the chief of station,

692
00:33:07,236 --> 00:33:09,445
did you report your concerns
up the chain of command?

693
00:33:09,529 --> 00:33:12,199
We got a cable from
Director Rodriguez

694
00:33:12,281 --> 00:33:15,326
telling us to stop putting
our objections in writing.

695
00:33:15,411 --> 00:33:17,578
No paper trail.

696
00:33:17,663 --> 00:33:20,833
I told them if they were gonna
keep using the new techniques,

697
00:33:20,915 --> 00:33:22,750
I wanted out.

698
00:33:22,835 --> 00:33:25,503
I wasn't the only one.
Guys were choking up.

699
00:33:25,586 --> 00:33:27,923
(CAR ALARM CHIRPS IN DISTANCE)

700
00:33:28,006 --> 00:33:30,550
- It's all in the e-mails.
- (CAR DOOR CLOSES IN DISTANCE)

701
00:33:34,930 --> 00:33:37,057
DANIEL:
As early as November 2001,

702
00:33:37,141 --> 00:33:40,144
the CIA's legal team
circulated a memorandum

703
00:33:40,227 --> 00:33:41,769
describing a novel legal defense

704
00:33:41,854 --> 00:33:44,105
for their officers
who might engage in torture.

705
00:33:44,189 --> 00:33:46,733
Come on. They actually
called it torture?

706
00:33:46,817 --> 00:33:48,277
The CIA?

707
00:33:48,359 --> 00:33:50,403
They just forgot
we have laws against that?

708
00:33:50,487 --> 00:33:52,780
Yes, sir.
Mitchell and Jessen renamed it

709
00:33:52,865 --> 00:33:54,741
"enhanced interrogation"
to help sell it,

710
00:33:54,825 --> 00:33:56,617
but the Agency was
talking about doing it

711
00:33:56,701 --> 00:33:58,327
before they even had
a single detainee.

712
00:33:59,621 --> 00:34:01,789
MY QUESTION, SENATOR, IS:
How did the CIA know

713
00:34:01,874 --> 00:34:03,666
they needed to torture prisoners

714
00:34:03,750 --> 00:34:05,877
before they even had one?

715
00:34:05,961 --> 00:34:07,796
That didn't come from
Cheney and Addington?

716
00:34:07,880 --> 00:34:09,757
Seems like it happened
the other way around.

717
00:34:09,840 --> 00:34:12,760
The CIA took it
to the Bush White House

718
00:34:12,842 --> 00:34:14,802
and John Yoo at
the Office of Legal Counsel.

719
00:34:14,887 --> 00:34:16,472
YOO: So, here's where we're at.

720
00:34:16,554 --> 00:34:19,807
The crime of torture,
as described in Section 2340,

721
00:34:19,891 --> 00:34:23,478
requires that the defendant...
In this case, an interrogator...

722
00:34:23,561 --> 00:34:26,690
Intends to cause
severe pain or suffering.

723
00:34:26,773 --> 00:34:29,693
But in this case, that's not
the interrogator's intent.

724
00:34:29,777 --> 00:34:32,945
Right. The intent is to gain
intel, save American lives.

725
00:34:33,030 --> 00:34:35,782
RIZZO: But, John,
what if the techniques

726
00:34:35,865 --> 00:34:37,534
the interrogator employs
do nonetheless

727
00:34:37,617 --> 00:34:39,161
cause pain and suffering?

728
00:34:39,244 --> 00:34:40,788
How do we deal with that?

729
00:34:40,871 --> 00:34:43,873
Well, the key phrase is
"severe pain or suffering."

730
00:34:43,956 --> 00:34:46,460
But 2340 never actually defines
the term "severe."

731
00:34:46,543 --> 00:34:49,630
We found this definition
in a Medicare statute.

732
00:34:49,713 --> 00:34:51,340
SEVERE PAIN OR SUFFERING:

733
00:34:51,422 --> 00:34:55,427
"acute symptoms that place the
individual in serious jeopardy

734
00:34:55,510 --> 00:34:57,721
- "and are hard to endure."
- Meaning?

735
00:34:57,804 --> 00:35:00,014
To constitute torture,

736
00:35:00,097 --> 00:35:04,728
the damage done must rise
to the level of organ failure,

737
00:35:04,811 --> 00:35:09,023
impairment of bodily function,
or death.

738
00:35:09,106 --> 00:35:11,568
So, basically, if someone dies,
we're doing it wrong?

739
00:35:11,652 --> 00:35:13,570
If the president
deemed it necessary

740
00:35:13,653 --> 00:35:16,532
to... crush the testicles
of a child

741
00:35:16,614 --> 00:35:18,617
to stop a plane
from crashing into a building,

742
00:35:18,699 --> 00:35:19,992
to save American lives,

743
00:35:20,077 --> 00:35:22,954
there is no law or treaty
that could stop him.

744
00:35:23,038 --> 00:35:25,748
I can make the same argument for

745
00:35:25,833 --> 00:35:29,043
gouging out a prisoner's eyes
or dousing him with acid.

746
00:35:30,128 --> 00:35:31,505
In our opinion,

747
00:35:31,588 --> 00:35:36,802
if it provides unique
intelligence that saves lives,

748
00:35:36,885 --> 00:35:39,012
and doesn't cause
any lasting harm,

749
00:35:39,096 --> 00:35:41,222
then it's legal
for the president to order it.

750
00:35:41,306 --> 00:35:43,432
What do we mean
when we say "unique"?

751
00:35:43,516 --> 00:35:46,143
Intelligence that couldn't have
been obtained any other way.

752
00:35:48,981 --> 00:35:51,358
And you've discussed all of this

753
00:35:51,440 --> 00:35:53,235
with the White House, I assume?

754
00:35:53,318 --> 00:35:54,695
WHITEHOUSE: And?

755
00:35:54,777 --> 00:35:57,614
Did they tell Bush what
they were gonna do to Zubaydah?

756
00:35:57,697 --> 00:35:59,634
- DANIEL: No.
- And National Security Advisor Rice...

757
00:35:59,657 --> 00:36:01,760
- Where was she in all this?
- National Security Advisor Rice

758
00:36:01,784 --> 00:36:04,204
was told about the program,
but she was also told

759
00:36:04,288 --> 00:36:06,664
the president
would not be briefed.

760
00:36:06,748 --> 00:36:08,791
Who tells the president's
national security advisor

761
00:36:08,876 --> 00:36:10,835
not to brief the president?

762
00:36:12,336 --> 00:36:14,755
Cheney and Addington.

763
00:36:14,840 --> 00:36:18,260
According to CIA records, Bush
wasn't told about the program

764
00:36:18,342 --> 00:36:23,222
until April of 2006,
four years later.

765
00:36:27,561 --> 00:36:29,228
And the records we found state

766
00:36:29,313 --> 00:36:32,815
that when the president was
finally told about the program,

767
00:36:32,900 --> 00:36:36,235
he expressed discomfort
with the image of a detainee

768
00:36:36,320 --> 00:36:37,920
chained to the ceiling,
wearing a diaper,

769
00:36:37,987 --> 00:36:40,615
and forced to go
to the bathroom on himself.

770
00:36:40,699 --> 00:36:44,577
How long till you can
get this thing done, Dan?

771
00:36:44,661 --> 00:36:46,663
We've got to get this out.

772
00:36:52,085 --> 00:36:54,795
What about this guy, Gul Rahman?

773
00:36:54,880 --> 00:36:57,340
Captured in Peshawar,
November 2002.

774
00:36:57,423 --> 00:37:00,594
He's not at Gitmo.
He's-he's not anywhere.

775
00:37:06,141 --> 00:37:07,893
DANIEL: Gul Rahman.

776
00:37:07,976 --> 00:37:09,728
Gul...

777
00:37:09,811 --> 00:37:12,606
No. They didn't tell
the committee about him.

778
00:37:12,688 --> 00:37:15,275
He's detainee number 24.

779
00:37:21,239 --> 00:37:22,782
OFFICER 1: HQ says he knows

780
00:37:22,865 --> 00:37:25,786
operational detail
about Al Qaeda.

781
00:37:25,869 --> 00:37:27,496
The guy's an asshole.

782
00:37:27,579 --> 00:37:30,206
Threw his food at us, he
threatened to kill the guards.

783
00:37:30,289 --> 00:37:34,168
I've asked headquarters
to approve the application

784
00:37:34,251 --> 00:37:36,963
of the enhanced measures
for this detainee,

785
00:37:37,047 --> 00:37:38,715
and the request
has been approved.

786
00:37:38,798 --> 00:37:42,219
- Oh, great. We haven't had any luck loosening him up.
- Mm.

787
00:37:42,302 --> 00:37:43,844
- Come on!
- (MEN GRUNTING)

788
00:37:43,929 --> 00:37:45,447
OFFICER 2:
Ran him up and down the hall,

789
00:37:45,472 --> 00:37:47,849
beat the crap out of him...
Nothing.

790
00:37:47,932 --> 00:37:52,228
Even been trying this thing
they call short shackling.

791
00:37:52,311 --> 00:37:54,563
Chain a dude's hands
to a bolt on the floor.

792
00:37:54,648 --> 00:37:56,233
(HEAVY METAL MUSIC BLARING)

793
00:37:56,315 --> 00:37:58,777
Then you chain his feet
to the same bolt.

794
00:37:58,860 --> 00:38:01,570
Farmers call it hog-tying,
I think.

795
00:38:01,655 --> 00:38:04,115
He finally admitted
to something.

796
00:38:04,199 --> 00:38:05,449
What was that?

797
00:38:05,534 --> 00:38:09,621
THAT HE WAS WHO WE SAID HE WAS:
Gul Rahman.

798
00:38:11,914 --> 00:38:17,336
What you want to do first is
take away his sense of control.

799
00:38:17,420 --> 00:38:19,840
If you like, I could spend
some time showing you

800
00:38:19,922 --> 00:38:23,010
how to achieve this
with the enhanced techniques.

801
00:38:24,594 --> 00:38:25,887
Great.

802
00:38:25,971 --> 00:38:29,141
We got another 30 guys here
to deal with.

803
00:38:29,224 --> 00:38:30,851
(HEAVY METAL MUSIC BLARING)

804
00:38:30,934 --> 00:38:34,603
I heard you told the doctor
you were cold.

805
00:38:34,688 --> 00:38:37,773
(RAHMAN SCREAMING)

806
00:38:37,858 --> 00:38:39,233
<i>♪ The beautiful people ♪</i>

807
00:38:39,317 --> 00:38:41,193
- ♪</i> The beautiful people ♪</i>
- ♪</i> Ah ♪</i>

808
00:38:41,277 --> 00:38:42,778
<i>♪ The beautiful people ♪</i>

809
00:38:42,862 --> 00:38:44,172
- ♪</i> The beautiful people ♪</i>
- ♪</i> Ah... ♪</i>

810
00:38:44,197 --> 00:38:46,574
(FOOTSTEPS APPROACHING)

811
00:38:46,657 --> 00:38:48,827
(PHONE RINGING)

812
00:38:53,081 --> 00:38:55,416
Senator, do you have
a few minutes this morning?

813
00:38:55,500 --> 00:38:58,295
FEINSTEIN:
Absolutely. Come on in, Dan.

814
00:38:58,378 --> 00:39:00,963
SECRETARY: The senator is
needed on the floor for a vote.

815
00:39:01,047 --> 00:39:02,882
MORRIS:
Uh, give her five minutes.

816
00:39:04,550 --> 00:39:06,927
FEINSTEIN:
Did you sleep last night, Dan?

817
00:39:10,056 --> 00:39:12,309
Uh, Senator, a prisoner died.

818
00:39:12,391 --> 00:39:14,077
- (HEAVY METAL MUSIC BLARING)
- ♪</i> There's no time ♪</i>

819
00:39:14,101 --> 00:39:16,771
<i>♪ To discriminate,
hate every motherfucker ♪</i>

820
00:39:16,855 --> 00:39:18,065
<i>♪ That's in your... ♪</i>

821
00:39:18,148 --> 00:39:20,608
Gul Rahman.

822
00:39:20,692 --> 00:39:23,070
They thought he was maybe
working for an Afghan warlord

823
00:39:23,152 --> 00:39:24,987
or that he knew something
about an attack.

824
00:39:25,072 --> 00:39:26,864
- Did he?
- No, he died before they found out

825
00:39:26,947 --> 00:39:28,824
anything besides his name.

826
00:39:28,909 --> 00:39:30,409
Dumped cold water on him
one night

827
00:39:30,494 --> 00:39:32,411
and found him dead in his cell
in the morning.

828
00:39:32,496 --> 00:39:33,996
The autopsy said hypothermia.

829
00:39:34,081 --> 00:39:37,250
- Where did you get this from?
- Inspector general's report.

830
00:39:37,333 --> 00:39:41,713
CIA did their own investigation
into the death of Gul Rahman.

831
00:39:43,882 --> 00:39:45,592
The officer in charge
was recommended

832
00:39:45,675 --> 00:39:47,260
for a performance bonus.

833
00:39:47,344 --> 00:39:48,594
They promoted him.

834
00:39:48,677 --> 00:39:50,679
He's still out there
in the field.

835
00:39:55,101 --> 00:39:58,813
Well, are you accusing the CIA
of murder, Dan?

836
00:40:00,690 --> 00:40:03,025
Because that sounds like
where this is going.

837
00:40:03,110 --> 00:40:04,902
We have proof
the deputy director

838
00:40:04,985 --> 00:40:08,030
coached the officer in charge
how to cover up what happened,

839
00:40:08,114 --> 00:40:10,534
told him to be careful
what he put in writing.

840
00:40:12,119 --> 00:40:13,869
So, why would they need
to cover it up

841
00:40:13,954 --> 00:40:15,994
if they were following
standard operating procedure?

842
00:40:16,998 --> 00:40:18,541
Why didn't they tell
the committee?

843
00:40:18,625 --> 00:40:20,876
Why didn't they tell you?

844
00:40:25,047 --> 00:40:27,550
I'm gonna need to review
all this personally.

845
00:40:29,135 --> 00:40:30,554
It's very disconcerting.

846
00:40:37,101 --> 00:40:38,978
(DOOR CLOSES)

847
00:40:39,061 --> 00:40:41,606
"Disconcerting"?
"Very disconcerting"?

848
00:40:41,690 --> 00:40:43,358
Dan, you need to be
careful here.

849
00:40:43,440 --> 00:40:45,860
You're getting
emotionally involved.

850
00:40:45,943 --> 00:40:48,989
They fucking killed a guy, and
nobody was held accountable?

851
00:40:50,574 --> 00:40:52,324
W-We don't know
he was a terrorist.

852
00:40:52,409 --> 00:40:55,286
- We barely even know his name.
- I understand.

853
00:40:55,369 --> 00:40:57,164
And what you need
to understand is that

854
00:40:57,246 --> 00:41:00,166
her name is going
on this report, not yours.

855
00:41:00,250 --> 00:41:02,103
Senate staff doesn't
have to run for reelection,

856
00:41:02,126 --> 00:41:03,545
but she does.

857
00:41:03,628 --> 00:41:06,882
Their legal argument said EITs
wouldn't cause lasting harm.

858
00:41:06,965 --> 00:41:09,717
So how long is Gul Rahman
gonna be dead for?

859
00:41:19,268 --> 00:41:21,521
Are you guys seeing
this Panetta review?

860
00:41:21,605 --> 00:41:23,190
It just showed up.

861
00:41:25,065 --> 00:41:26,443
JULIAN: I don't understand.

862
00:41:26,525 --> 00:41:29,362
Looks like the CIA did
their own investigation.

863
00:41:29,445 --> 00:41:32,032
It confirms everything
we've been finding.

864
00:41:37,286 --> 00:41:41,333
APRIL: So, what are you
gonna do with it?

865
00:41:41,416 --> 00:41:43,376
DANIEL: Hopefully, nothing.

866
00:41:43,460 --> 00:41:45,670
Special Prosecutor Durham,
please?

867
00:41:45,753 --> 00:41:48,422
I've already left
several messages.

868
00:41:48,505 --> 00:41:50,634
It's Dan Jones again from
the Intelligence Committee.

869
00:41:50,717 --> 00:41:51,967
How are you?

870
00:41:52,052 --> 00:41:54,346
Good. I just wanted
to check in again to see

871
00:41:54,429 --> 00:41:56,014
if the special prosecutor
is available

872
00:41:56,097 --> 00:41:57,599
to meet on the CIA probe.

873
00:41:59,059 --> 00:42:01,936
It can be off the record.
I just want to compare notes.

874
00:42:04,521 --> 00:42:06,315
Yeah, same number. Thank you.

875
00:42:10,445 --> 00:42:12,215
MARC THIESSEN (OVER TV):
You know, we got to think back

876
00:42:12,239 --> 00:42:13,364
to the period after 9/11.

877
00:42:13,447 --> 00:42:14,907
We didn't even know who hit us.

878
00:42:14,990 --> 00:42:16,344
We didn't know that
Khalid Sheikh Mohammed was

879
00:42:16,367 --> 00:42:17,661
the mastermind of 9/11

880
00:42:17,744 --> 00:42:19,344
or the operational commander
of Al Qaeda.

881
00:42:19,411 --> 00:42:20,931
And then we started rounding up
these terrorists.

882
00:42:20,956 --> 00:42:22,206
We caught Abu Zubaydah.

883
00:42:22,289 --> 00:42:24,291
We caught, uh,
Ramzi bin al-Shibh and KSM.

884
00:42:24,376 --> 00:42:26,795
And these guys provided us
information under questioning

885
00:42:26,878 --> 00:42:30,257
by the CIA that stopped
a number of terrorist attacks.

886
00:42:30,340 --> 00:42:31,800
They were pl-planning to blow up

887
00:42:31,882 --> 00:42:33,443
the U.S. consulate
in Karachi, Pakistan.

888
00:42:33,467 --> 00:42:35,070
- JULIAN: Shit.
- They were planning to blow up

889
00:42:35,094 --> 00:42:36,295
our Marine camp in Djibouti...

890
00:42:42,559 --> 00:42:44,561
- Good morning.
- Khalid Sheikh Mohammed was

891
00:42:44,646 --> 00:42:49,400
indicted in New York for trying
to blow up airplanes in 1995.

892
00:42:49,483 --> 00:42:50,902
The CIA already knew about him.

893
00:42:50,985 --> 00:42:52,653
They knew he was close
to bin Laden.

894
00:42:52,737 --> 00:42:54,340
They knew about him before
Zubaydah ever identified him.

895
00:42:54,364 --> 00:42:55,739
How long have you been here?

896
00:42:55,824 --> 00:42:57,664
Also, according to this cable...
A few hours...

897
00:42:57,742 --> 00:42:59,244
A CIA officer in Islamabad

898
00:42:59,327 --> 00:43:01,204
began working someone
they call Asset X.

899
00:43:01,288 --> 00:43:04,873
X claimed to have
direct access to KSM,

900
00:43:04,958 --> 00:43:07,293
but was eventually turned away
when he asked for money.

901
00:43:08,378 --> 00:43:10,755
- How much money?
- Few thousand bucks.

902
00:43:10,838 --> 00:43:13,132
Two years later, after
they've been putting him off,

903
00:43:13,215 --> 00:43:15,510
putting him off, putting him
off, they finally pay him,

904
00:43:15,592 --> 00:43:17,094
and almost immediately
he sends a text

905
00:43:17,177 --> 00:43:19,639
TO HIS CIA HANDLER SAYING:
"I'm with KSM."

906
00:43:19,722 --> 00:43:22,224
It had nothing to do
with the waterboard.

907
00:43:22,309 --> 00:43:24,893
- Good morning.
- Good morning.

908
00:43:41,161 --> 00:43:43,829
- ("YANKEE DOODLE" BLARING)
- JESSEN: One, two, three,

909
00:43:43,913 --> 00:43:46,081
- four, five, six...
- (MOHAMMED CHOKING)

910
00:43:46,166 --> 00:43:48,626
MITCHELL: Who are you
working with in the U.S.?

911
00:43:48,710 --> 00:43:51,838
JESSEN: seven, eight, nine,
10, 11...

912
00:43:51,920 --> 00:43:53,882
We have your kids!

913
00:43:53,965 --> 00:43:56,550
- 12, 13, 14, 15,
- ♪</i> Yankee Doodle, keep it up ♪</i>

914
00:43:56,634 --> 00:43:58,510
- 16, 17...
- ♪</i> Yankee Doodle dandy... ♪</i>

915
00:43:58,594 --> 00:44:01,264
It will stop if you talk!

916
00:44:01,347 --> 00:44:04,559
<i>♪ And with the girls be handy,
Yankee Doodle... ♪</i>

917
00:44:04,641 --> 00:44:06,769
Where is the next attack?

918
00:44:06,853 --> 00:44:08,164
(MUFFLED):
Canary Wharf! Canary Wharf!

919
00:44:08,188 --> 00:44:09,938
<i>♪ Stuck a feather in ♪</i>

920
00:44:10,023 --> 00:44:11,608
(FAINTLY):
<i>♪ His hat and called it... ♪</i>

921
00:44:11,690 --> 00:44:12,918
BERNADETTE:
Okay, here's the problem.

922
00:44:12,942 --> 00:44:14,527
We already know about

923
00:44:14,610 --> 00:44:16,737
the Heathrow
and Canary Wharf plots.

924
00:44:16,820 --> 00:44:19,407
He knows that.
It's in his goddamn notebook.

925
00:44:19,490 --> 00:44:21,701
We asked about plots
in the U.S., not London.

926
00:44:21,784 --> 00:44:24,119
- He's fucking with you again.
- JESSEN: To be honest,

927
00:44:24,204 --> 00:44:27,164
I've never met a resistor
like this guy.

928
00:44:27,248 --> 00:44:28,750
He's a super resistor.

929
00:44:28,833 --> 00:44:30,501
He lied to you to make you stop.

930
00:44:30,585 --> 00:44:32,730
GRETCHEN: He just tells us shit
he knows we already have.

931
00:44:32,753 --> 00:44:34,088
That's all he does.

932
00:44:34,172 --> 00:44:36,715
MITCHELL: Then that's
what we're learning.

933
00:44:36,800 --> 00:44:40,387
That's what the waterboard
is giving us.

934
00:44:41,971 --> 00:44:44,724
We now know he's lying.

935
00:44:44,807 --> 00:44:46,851
I thought it was meant
to give us the truth.

936
00:44:46,934 --> 00:44:50,855
And... the truth is he's lying.

937
00:44:58,195 --> 00:45:01,199
Headquarters says we go again.

938
00:45:02,492 --> 00:45:04,159
DANIEL:
The chief of interrogations

939
00:45:04,244 --> 00:45:06,579
ordered the rectal rehydration
of KSM,

940
00:45:06,663 --> 00:45:08,414
not for health reasons,

941
00:45:08,498 --> 00:45:10,791
but as a way of showing total
control over the detainee.

942
00:45:10,875 --> 00:45:13,753
Even though
rectal rehydration was never

943
00:45:13,836 --> 00:45:15,731
- an approved technique.
- (MOHAMMED GRUNTING IN PAIN)

944
00:45:15,755 --> 00:45:17,650
Total control isn't
chaining the guy to the wall,

945
00:45:17,673 --> 00:45:19,568
keeping him awake for days,
and threatening his family?

946
00:45:19,592 --> 00:45:21,219
You need to shove a tube
up his ass?

947
00:45:21,302 --> 00:45:22,905
- (MONITOR BEEPING)
- MITCHELL: This right here

948
00:45:22,929 --> 00:45:24,472
is the rest of your life

949
00:45:24,556 --> 00:45:26,599
- unless you start telling the truth.
- (GAGGING)

950
00:45:26,682 --> 00:45:28,244
Then they went back
to waterboarding him.

951
00:45:28,268 --> 00:45:29,911
"When a medical officer
pressed on KSM's..."

952
00:45:29,936 --> 00:45:31,563
- Wait. Where are you?
- Next page.

953
00:45:31,646 --> 00:45:33,648
"When a medical officer
pressed on KSM's abdomen,

954
00:45:33,731 --> 00:45:35,692
he expressed water
from his mouth and nose."

955
00:45:35,775 --> 00:45:37,693
So, he was swallowing
all the water.

956
00:45:37,777 --> 00:45:39,027
DANIEL: "On March 17th",

957
00:45:39,112 --> 00:45:40,864
the waterboard technique
began to evolve."

958
00:45:40,947 --> 00:45:43,240
(MUFFLED SHOUT)

959
00:45:43,324 --> 00:45:45,242
Interrogators used their hands
to maintain

960
00:45:45,326 --> 00:45:48,246
a pool of water
over KSM's nose and mouth.

961
00:45:49,496 --> 00:45:51,875
(BOARD KNOCKING)

962
00:45:53,668 --> 00:45:56,503
(MOHAMMED GRUNTING,
CHOKING IN DISTANCE)

963
00:45:56,588 --> 00:45:58,630
(MOHAMMED GASPING VIOLENTLY)

964
00:45:58,715 --> 00:46:02,010
MITCHELL: Who are
the operatives inside the U.S.?

965
00:46:02,092 --> 00:46:04,762
(PANTING): Issa... Issa...

966
00:46:04,846 --> 00:46:06,806
Issa al-Britani.

967
00:46:08,391 --> 00:46:09,851
JESSEN:
Where is the next attack?

968
00:46:09,934 --> 00:46:11,686
M-Montana.

969
00:46:11,768 --> 00:46:13,103
(MOHAMMED PANTING)

970
00:46:13,188 --> 00:46:15,481
We got something.

971
00:46:17,733 --> 00:46:20,862
KSM told interrogators he sent
Abu Issa al-Britani to the U.S.

972
00:46:20,945 --> 00:46:24,114
to recruit African American
Muslims in Montana

973
00:46:24,199 --> 00:46:26,117
to blow up gas stations
and start forest fires.

974
00:46:26,201 --> 00:46:27,202
Montana?

975
00:46:27,284 --> 00:46:29,411
Muslims in Montana?

976
00:46:29,496 --> 00:46:31,831
The FBI had serious doubts
as well.

977
00:46:31,914 --> 00:46:34,333
Later, KSM admitted
he just told them

978
00:46:34,416 --> 00:46:36,793
what they wanted to hear
to make it stop.

979
00:46:36,878 --> 00:46:40,632
So, did they get anything
actionable from him at all?

980
00:46:40,715 --> 00:46:42,175
Anything that saved lives?

981
00:46:42,257 --> 00:46:45,594
They waterboarded him
183 times, and then concluded

982
00:46:45,677 --> 00:46:47,764
KSM may never be
forthcoming or honest.

983
00:46:47,847 --> 00:46:49,599
Everything they got from him

984
00:46:49,681 --> 00:46:52,768
was either a lie
or something they already had.

985
00:46:52,851 --> 00:46:55,521
Well, okay,
so my first question is:

986
00:46:55,605 --> 00:46:59,858
If it works, why do you need
to do it 183 times?

987
00:47:00,943 --> 00:47:02,320
Maybe when the report comes out,

988
00:47:02,402 --> 00:47:04,030
people will finally see that.

989
00:47:04,112 --> 00:47:07,367
Well, let's worry about getting
it right, getting it done.

990
00:47:07,449 --> 00:47:09,827
We can worry about
changing the world later.

991
00:47:13,831 --> 00:47:16,166
(BIRDS CHIRPING)

992
00:47:24,467 --> 00:47:26,260
(SIGHS) Sorry I'm late.

993
00:47:26,344 --> 00:47:28,387
- It's okay.
- (SIGHS)

994
00:47:28,471 --> 00:47:31,099
- Barely slept.
- Want some coffee?

995
00:47:31,181 --> 00:47:32,849
(SIGHS)

996
00:47:34,601 --> 00:47:36,521
Hey, can I ask you something?

997
00:47:36,603 --> 00:47:38,856
You ever, uh, have dreams,

998
00:47:38,940 --> 00:47:41,568
you know, about the stuff
that's in the report?

999
00:47:43,068 --> 00:47:45,905
Yeah. I have one
where I'm drowning.

1000
00:47:45,989 --> 00:47:48,365
I can't move my arms or legs.
I can't breathe.

1001
00:47:48,449 --> 00:47:50,742
- That wakes me up.
- Last night I dreamt

1002
00:47:50,827 --> 00:47:53,704
I was trapped in
one of those confinement boxes.

1003
00:47:53,788 --> 00:47:55,539
They just left me there.

1004
00:47:55,623 --> 00:47:58,166
Daniel Jones, right?

1005
00:47:58,251 --> 00:48:00,628
- Do I know you?
- I just wanted to tell you to your face

1006
00:48:00,711 --> 00:48:02,755
that I think you
and that report are garbage.

1007
00:48:02,838 --> 00:48:04,507
- Excuse me...
- You weren't there,

1008
00:48:04,590 --> 00:48:06,467
so you don't know
what worked and what didn't

1009
00:48:06,550 --> 00:48:07,719
or what we were up against.

1010
00:48:07,802 --> 00:48:09,512
You may not realize,
but we were trying

1011
00:48:09,596 --> 00:48:11,764
to protect this country
from people who want to destroy

1012
00:48:11,847 --> 00:48:13,141
everything we believe in.

1013
00:48:13,224 --> 00:48:15,059
You may not realize it,

1014
00:48:15,143 --> 00:48:17,436
but we're trying to do
the exact same thing.

1015
00:48:17,519 --> 00:48:20,940
Your bullshit report will
never see the light of day.

1016
00:48:24,985 --> 00:48:27,112
DANIEL: Special Prosecutor
Durham, please.

1017
00:48:27,195 --> 00:48:29,282
It's Dan Jones, calling again

1018
00:48:29,364 --> 00:48:32,284
about the Justice Department
investigation of the CIA.

1019
00:48:32,367 --> 00:48:34,077
We really need to meet.

1020
00:48:35,663 --> 00:48:37,123
You have?

1021
00:48:38,708 --> 00:48:40,960
Okay, what are their findings?

1022
00:48:51,304 --> 00:48:53,139
Fuck!

1023
00:48:53,222 --> 00:48:55,016
WHITEHOUSE: Nothing?

1024
00:48:55,099 --> 00:48:56,601
No indictments at all?

1025
00:48:56,684 --> 00:48:58,769
No charges against
Jose Rodriguez or Gina Haspel

1026
00:48:58,853 --> 00:49:00,228
for destroying the tapes.

1027
00:49:00,313 --> 00:49:02,523
Nothing against the CIA
for torturing people.

1028
00:49:02,606 --> 00:49:04,168
Nothing against
Jim Pavitt and the others

1029
00:49:04,192 --> 00:49:06,402
for providing misinformation,
nothing at all.

1030
00:49:06,485 --> 00:49:08,655
DOJ says they don't have
enough admissible evidence

1031
00:49:08,737 --> 00:49:10,697
to convict anyone.

1032
00:49:10,782 --> 00:49:12,800
You go after the contractors,
and they're indemnified.

1033
00:49:12,824 --> 00:49:14,260
You go after
the head of Counterterrorism,

1034
00:49:14,284 --> 00:49:15,994
and he'd just say
he was following orders

1035
00:49:16,079 --> 00:49:17,204
from the CIA director.

1036
00:49:17,288 --> 00:49:18,641
You go after the director,
and he...

1037
00:49:18,664 --> 00:49:20,208
Well, he would just cite
the president.

1038
00:49:20,291 --> 00:49:21,851
Then the White House
would claim national security.

1039
00:49:21,876 --> 00:49:24,795
DOJ at least share
what they found?

1040
00:49:24,878 --> 00:49:25,922
No.

1041
00:49:28,007 --> 00:49:30,550
They won't turn anything over.

1042
00:49:32,219 --> 00:49:33,971
We're the only ones
still looking at this.

1043
00:49:36,474 --> 00:49:38,768
(CRICKETS CHIRPING)

1044
00:49:52,072 --> 00:49:53,907
APRIL: Dan?

1045
00:49:55,492 --> 00:49:56,494
Dan?

1046
00:49:56,577 --> 00:49:58,454
You know a CIA officer

1047
00:49:58,538 --> 00:50:00,748
testified before Congress
in 1978 regarding the use of

1048
00:50:00,831 --> 00:50:03,960
coercive physical interrogation
techniques in Latin America?

1049
00:50:04,043 --> 00:50:05,836
And the officer said
the techniques result

1050
00:50:05,920 --> 00:50:08,213
in false answers and have
proven to be ineffective.

1051
00:50:08,297 --> 00:50:09,817
And before Latin America,
they did it in Vietnam.

1052
00:50:09,840 --> 00:50:10,900
They knew it didn't work...

1053
00:50:10,925 --> 00:50:12,235
Dan, I need
to tell you something.

1054
00:50:12,260 --> 00:50:13,719
And they did it again.

1055
00:50:13,802 --> 00:50:14,862
Don't even listen
to their own fucking people.

1056
00:50:14,887 --> 00:50:16,304
I'm leaving the study.

1057
00:50:16,389 --> 00:50:20,351
I... I got a job offer,
and I can't turn it down.

1058
00:50:20,434 --> 00:50:23,896
I'm sorry, but don't you see
what this is doing to you?

1059
00:50:23,980 --> 00:50:25,148
To all of us?

1060
00:50:25,231 --> 00:50:26,940
I mean, my kids
are at home growing up,

1061
00:50:27,023 --> 00:50:30,152
and I'm down here reading about
how they put a power drill

1062
00:50:30,235 --> 00:50:31,922
against one guy's head
and-and how they pulled

1063
00:50:31,945 --> 00:50:33,489
another guy's arms
out of his sockets.

1064
00:50:33,572 --> 00:50:35,467
And I just... this is
how I'm spending my Sundays.

1065
00:50:35,490 --> 00:50:37,034
And my Saturdays.

1066
00:50:37,117 --> 00:50:39,746
This is how I spend every day.

1067
00:50:39,829 --> 00:50:42,998
I just... I-I-I-I can't.

1068
00:50:43,081 --> 00:50:47,128
Um... I'm gonna leave
after Thanksgiving.

1069
00:50:53,217 --> 00:50:55,177
Okay. I understand.

1070
00:50:55,260 --> 00:50:56,804
Okay.

1071
00:50:56,887 --> 00:50:58,264
Thanksgiving.

1072
00:50:58,347 --> 00:51:01,516
That gives us...
that gives us a couple months.

1073
00:51:01,601 --> 00:51:04,936
JULIAN: Dan, it's November.

1074
00:51:05,021 --> 00:51:07,773
Thanksgiving is next week.

1075
00:51:09,692 --> 00:51:12,862
APRIL: How many pages have
we written so far? Thousands?

1076
00:51:12,945 --> 00:51:16,324
We don't even know
if this is ever gonna come out.

1077
00:51:16,407 --> 00:51:18,826
The tapes investigation
never did.

1078
00:51:18,909 --> 00:51:20,411
It's still classified.

1079
00:51:20,494 --> 00:51:22,038
YOU JUST SAID IT YOURSELF:

1080
00:51:22,121 --> 00:51:24,498
The CIA knew
this shit didn't work in 1978,

1081
00:51:24,581 --> 00:51:27,001
and it didn't stop them
from doing it again.

1082
00:51:28,585 --> 00:51:30,922
Look, we've been down here
for two years, Dan,

1083
00:51:31,005 --> 00:51:33,632
in this basement.

1084
00:51:33,715 --> 00:51:36,510
Nobody's waiting for us
to come out.

1085
00:51:58,282 --> 00:52:00,409
(TYPING)

1086
00:52:14,507 --> 00:52:16,759
shocking photos that
apparently show U.S. troops

1087
00:52:16,842 --> 00:52:19,804
abusing detainees in a prison
outside Baghdad.

1088
00:52:19,887 --> 00:52:21,347
We have a problem.

1089
00:52:21,429 --> 00:52:23,891
Both myself and the president
have gone on record

1090
00:52:23,974 --> 00:52:26,309
saying we do not torture people.

1091
00:52:26,393 --> 00:52:29,355
He just made a statement
for the U.N.'s goddamn

1092
00:52:29,438 --> 00:52:32,483
Day in Support
of Victims of Torture.

1093
00:52:32,567 --> 00:52:34,777
Wh-What-what did he say?

1094
00:52:37,320 --> 00:52:39,614
"The United States
does not torture."

1095
00:52:39,699 --> 00:52:42,994
It's against our laws
and it's against our values.

1096
00:52:43,077 --> 00:52:48,416
"I have not authorized it,
and I will not authorize it."

1097
00:52:50,333 --> 00:52:53,378
I'm not sure where
that leaves either of us.

1098
00:52:53,461 --> 00:52:55,505
RODRIGUEZ: So, here's the deal.

1099
00:52:55,590 --> 00:52:59,092
Some new lawyer over at OLC,
Jack Goldsmith,

1100
00:52:59,175 --> 00:53:01,679
is saying there are issues
with the John Yoo memo.

1101
00:53:01,762 --> 00:53:03,139
Legal issues?

1102
00:53:03,222 --> 00:53:05,474
Yeah, and there's
the inspector general's report:

1103
00:53:05,557 --> 00:53:08,184
allegations of
war crimes and torture.

1104
00:53:08,268 --> 00:53:11,563
RODRIGUEZ: Throws the whole
program under the goddamn bus.

1105
00:53:11,646 --> 00:53:13,273
What's it say?

1106
00:53:13,356 --> 00:53:17,068
"The inspector general finds
that EITs are inconsistent"

1107
00:53:17,152 --> 00:53:18,612
with the public policy positions

1108
00:53:18,695 --> 00:53:22,115
"the United States has taken
regarding human rights,"

1109
00:53:22,199 --> 00:53:23,992
blah, blah, blah.

1110
00:53:24,076 --> 00:53:26,077
"The program, as implemented,

1111
00:53:26,161 --> 00:53:30,958
"diverges sharply from how the
CIA has described," blah, blah.

1112
00:53:31,041 --> 00:53:33,878
"There is also little evidence
that the waterboard

1113
00:53:33,960 --> 00:53:36,755
is effective
in gaining information."

1114
00:53:36,838 --> 00:53:39,550
Look, guys, Director Tenet
wants to pause the program.

1115
00:53:41,635 --> 00:53:44,012
You know, I retired
from the Air Force

1116
00:53:44,096 --> 00:53:47,557
just a couple of months
before 9/11.

1117
00:53:47,641 --> 00:53:49,309
22 years.

1118
00:53:50,894 --> 00:53:53,521
And then I wake up that morning,

1119
00:53:53,606 --> 00:53:59,945
and I turn on the news and...
see what's happening.

1120
00:54:01,572 --> 00:54:06,577
A lot of people just went back
to their coffee and cornflakes.

1121
00:54:06,661 --> 00:54:10,831
But Jim wanted to do something

1122
00:54:10,914 --> 00:54:13,501
to keep people safe.

1123
00:54:13,583 --> 00:54:16,670
We are going right back to the
National Security Council today

1124
00:54:16,753 --> 00:54:18,713
and asking to have
the program recertified,

1125
00:54:18,797 --> 00:54:20,507
as many techniques as possible.

1126
00:54:20,590 --> 00:54:22,885
RODRIGUEZ: We have a plan.

1127
00:54:22,969 --> 00:54:24,971
Thank you. Thank you.

1128
00:54:30,726 --> 00:54:35,356
- (PHONE RINGING)
- (TYPING)

1129
00:54:35,438 --> 00:54:37,650
(PHONE CONTINUES RINGING)

1130
00:54:44,864 --> 00:54:46,157
Jones.

1131
00:54:47,242 --> 00:54:48,411
Yes, Senator.

1132
00:54:56,710 --> 00:54:57,920
(TV CLICKS ON)

1133
00:54:58,003 --> 00:54:59,398
NEWS ANCHOR:
On the Sunday talk shows,

1134
00:54:59,422 --> 00:55:01,007
former Defense Secretary
Donald Rumsfeld

1135
00:55:01,090 --> 00:55:03,134
and former Vice President
Dick Cheney

1136
00:55:03,217 --> 00:55:06,804
argued enhanced interrogation
techniques played a major role

1137
00:55:06,887 --> 00:55:09,264
in leading up to the raid
on bin Laden's compound.

1138
00:55:09,347 --> 00:55:11,307
No, that's not right.
That's not what happened.

1139
00:55:11,391 --> 00:55:13,286
- CHENEY: It was not torture.
- I'll look into it.

1140
00:55:13,309 --> 00:55:15,563
And, uh, I would strongly
recommend that we continue it.

1141
00:55:15,646 --> 00:55:17,365
NEWS ANCHOR:
At the heart of the controversy

1142
00:55:17,440 --> 00:55:19,858
is a process called
waterboarding.

1143
00:55:19,942 --> 00:55:21,860
(KEYPAD BEEPING)

1144
00:55:21,943 --> 00:55:24,237
DANIEL: Okay, here's what
the CIA is claiming:

1145
00:55:24,320 --> 00:55:28,576
They got bin Laden after using
EITs against detainees.

1146
00:55:30,869 --> 00:55:36,208
They say it all started in 2002
with Abu Zubaydah

1147
00:55:36,291 --> 00:55:39,586
and a detainee they called
"Riyadh the Facilitator,"

1148
00:55:39,670 --> 00:55:41,880
who tipped them off
to Abu Ahmed al-Kuwaiti,

1149
00:55:41,963 --> 00:55:43,173
who had ties to bin Laden.

1150
00:55:43,257 --> 00:55:44,884
That's not what happened?

1151
00:55:44,967 --> 00:55:47,469
The truth is the CIA
was on al-Kuwaiti's phones,

1152
00:55:47,552 --> 00:55:51,181
e-mails, identity, long before
they captured any detainees.

1153
00:55:51,264 --> 00:55:56,103
Before they even had
an EIT program.

1154
00:55:56,186 --> 00:55:58,646
Zubaydah told us al-Kuwaiti had
nothing to do with bin Laden.

1155
00:55:58,731 --> 00:56:01,525
Same with KSM
and-and the others.

1156
00:56:01,608 --> 00:56:04,612
But now we have former
CIA Director Michael Hayden

1157
00:56:04,695 --> 00:56:07,239
on the radio saying
this all came from EITs.

1158
00:56:07,322 --> 00:56:09,909
And former Attorney General
Mukasey is out there saying

1159
00:56:09,992 --> 00:56:12,077
KSM broke like a dam
after waterboarding.

1160
00:56:12,161 --> 00:56:13,621
FEINSTEIN:
Where is he saying that?

1161
00:56:13,704 --> 00:56:16,123
DANIEL: Wall Street Journal.
I found a memo.

1162
00:56:16,206 --> 00:56:17,833
It's from a few months back,
in March.

1163
00:56:17,916 --> 00:56:19,335
It's called
"The Public Roll-out."

1164
00:56:19,418 --> 00:56:22,713
The memo states the Agency
wanted their PR people

1165
00:56:22,797 --> 00:56:26,800
to connect the bin Laden raid
to intel obtained via EITs

1166
00:56:26,884 --> 00:56:28,177
before it even happened.

1167
00:56:28,260 --> 00:56:32,306
So... if the CIA got bin Laden,

1168
00:56:32,389 --> 00:56:35,226
then who cares what else it did?

1169
00:56:35,309 --> 00:56:38,186
If it saved lives, there's
no need for accountability.

1170
00:56:38,269 --> 00:56:40,481
Exactly. They lied to Bush
about the program.

1171
00:56:40,563 --> 00:56:42,315
Now they're lying
to President Obama.

1172
00:56:42,398 --> 00:56:46,112
This document about bin Laden
and, uh, the role of EITs,

1173
00:56:46,195 --> 00:56:48,030
it just isn't true.

1174
00:56:54,744 --> 00:56:57,539
You want me to get you
the White House?

1175
00:56:59,375 --> 00:57:00,918
Let's do that.

1176
00:57:03,503 --> 00:57:05,630
FEINSTEIN: It's very clear to us

1177
00:57:05,713 --> 00:57:09,635
the EITs did not lead
to bin Laden.

1178
00:57:09,717 --> 00:57:12,346
The CIA is misrepresenting
the operation.

1179
00:57:12,429 --> 00:57:14,306
I'm sure you see that,
don't you?

1180
00:57:14,389 --> 00:57:16,724
MCDONOUGH (OVER PHONE): I'm not
sure I understand, Senator.

1181
00:57:16,809 --> 00:57:18,829
The mission was a success;
that's the headline here.

1182
00:57:18,853 --> 00:57:22,231
This is a crucial moment
in our nation's history.

1183
00:57:22,313 --> 00:57:26,818
I want to make certain that the
Agency isn't manipulating it

1184
00:57:26,902 --> 00:57:30,197
to sanitize
their own past actions.

1185
00:57:30,280 --> 00:57:32,115
I will let
the national security advisor

1186
00:57:32,199 --> 00:57:34,284
know your concerns, Senator.

1187
00:57:34,367 --> 00:57:36,704
- Thank you.
- Thank you, Senator Feinstein.

1188
00:57:36,786 --> 00:57:37,996
(LINE CLICKS)

1189
00:57:38,079 --> 00:57:40,291
- (PHONE CLICKS)
- DANIEL: That's it?

1190
00:57:40,373 --> 00:57:42,668
They don't care
the story is wrong?

1191
00:57:44,295 --> 00:57:48,257
Well, I don't think we can look
to the White House for support.

1192
00:57:52,260 --> 00:57:55,681
(DOOR OPENS, CLOSES)

1193
00:57:57,599 --> 00:57:58,976
What the hell just happened?

1194
00:57:59,059 --> 00:58:02,353
The CIA just got
the president reelected.

1195
00:58:02,438 --> 00:58:04,231
That's what happened.

1196
00:58:07,650 --> 00:58:10,987
MARTHA RADDATZ: It was the
greatest manhunt of all time.

1197
00:58:11,070 --> 00:58:13,615
(OVER TV):
You think you know the story,

1198
00:58:13,699 --> 00:58:15,617
but hold on to your seats.

1199
00:58:15,701 --> 00:58:18,786
Zero Dark Thirty,
the riveting new film,

1200
00:58:18,871 --> 00:58:21,456
brings you the hunt
for Osama bin Laden

1201
00:58:21,539 --> 00:58:24,168
as it has never been
seen before.

1202
00:58:39,182 --> 00:58:41,268
This is it.
The last guy we have.

1203
00:58:41,351 --> 00:58:47,523
NUMBER 119: Muhammad Rahim,
captured June 2007.

1204
00:58:57,076 --> 00:58:58,744
MITCHELL: We kept Rahim awake

1205
00:58:58,827 --> 00:59:00,913
for 138 hours straight.

1206
00:59:00,996 --> 00:59:03,998
Used the attention grasp,

1207
00:59:04,083 --> 00:59:07,001
facial hold,
dietary manipulation.

1208
00:59:07,085 --> 00:59:10,422
Abdominal slaps,
stress positions.

1209
00:59:10,505 --> 00:59:13,550
We even offered him a towel
to wear if he cooperated.

1210
00:59:13,634 --> 00:59:14,885
MITCHELL: Gave us nothing.

1211
00:59:14,969 --> 00:59:16,594
JESSEN: He said that,
if we hurt him,

1212
00:59:16,679 --> 00:59:19,931
he'd just make things up
to get us to stop.

1213
00:59:20,014 --> 00:59:22,684
MITCHELL: And then he said
he was at our mercy

1214
00:59:22,768 --> 00:59:25,019
and we could kill him
if we wanted.

1215
00:59:25,103 --> 00:59:26,831
RODRIGUEZ: What's the point
of moving forward

1216
00:59:26,855 --> 00:59:28,606
without the waterboard?

1217
00:59:28,690 --> 00:59:30,818
It's like trying to play
baseball without the bat.

1218
00:59:30,900 --> 00:59:32,820
We've been going at him
for 60 days now,

1219
00:59:32,902 --> 00:59:35,155
not getting anywhere.

1220
00:59:35,239 --> 00:59:39,326
The problem is
that CTC hasn't given us

1221
00:59:39,409 --> 00:59:41,286
any good intel
to question him about.

1222
00:59:41,369 --> 00:59:43,038
We don't have any leverage.

1223
00:59:43,121 --> 00:59:44,998
Hold on.
You're the psychologists.

1224
00:59:45,081 --> 00:59:46,833
You told me you were
gonna get us intel.

1225
00:59:46,916 --> 00:59:48,637
Now you're saying
we need to give it to you?

1226
00:59:48,710 --> 00:59:54,048
I'm thinking we improve his
treatment for a week or two,

1227
00:59:54,132 --> 00:59:58,137
give him some hope,
and then we go back at him hard

1228
00:59:58,219 --> 01:00:00,556
and create
a sense of helplessness.

1229
01:00:00,639 --> 01:00:04,768
JESSEN:
Or we could try recruiting him.

1230
01:00:04,851 --> 01:00:08,521
Tell him he can be
a CIA agent if he talks.

1231
01:00:08,605 --> 01:00:09,981
The FBI does that.

1232
01:00:10,065 --> 01:00:11,983
We're not the FBI.
We don't do that.

1233
01:00:12,067 --> 01:00:14,737
MITCHELL:
The way the science works is

1234
01:00:14,820 --> 01:00:16,905
we only get the intel after...

1235
01:00:16,989 --> 01:00:18,699
BERNADETTE: After what?

1236
01:00:18,782 --> 01:00:21,117
Why are so many of these guys
still lying to us

1237
01:00:21,201 --> 01:00:23,329
after you work on them?

1238
01:00:25,581 --> 01:00:27,833
Where's the special sauce?

1239
01:00:30,085 --> 01:00:34,005
You have to make this work.
It's only legal if it works.

1240
01:00:34,088 --> 01:00:36,884
The CIA's questioning
of Muhammad Rahim

1241
01:00:36,967 --> 01:00:39,094
resulted in
zero intelligence reports.

1242
01:00:39,177 --> 01:00:42,431
On April 21, 2008,
the Agency convened

1243
01:00:42,514 --> 01:00:44,266
an after-action review
of his interrogation.

1244
01:00:44,349 --> 01:00:46,976
Senator, I just want to point
out that this is the first time

1245
01:00:47,061 --> 01:00:48,644
the Agency stopped and evaluated

1246
01:00:48,728 --> 01:00:50,230
the effectiveness
of the program.

1247
01:00:51,398 --> 01:00:53,483
And they concluded that,
in the future,

1248
01:00:53,567 --> 01:00:55,568
CIA interrogators should use
rapport building.

1249
01:00:58,780 --> 01:01:01,115
They even suggested
asking other agencies,

1250
01:01:01,199 --> 01:01:03,409
law enforcement,
and even other countries

1251
01:01:03,494 --> 01:01:05,244
about effective
interrogation methods.

1252
01:01:07,539 --> 01:01:08,706
So...

1253
01:01:11,460 --> 01:01:14,003
For the past six years,
there's been a steady stream

1254
01:01:14,088 --> 01:01:19,675
of CIA personnel...
Directors, deputies, analysts...

1255
01:01:19,760 --> 01:01:21,552
Coming over here and telling me

1256
01:01:21,637 --> 01:01:25,724
what an amazing success
EITs have been.

1257
01:01:25,807 --> 01:01:29,603
Somehow not even one of them
managed to mention that part.

1258
01:01:34,858 --> 01:01:40,530
How many detainees have been
through the program in total?

1259
01:01:41,614 --> 01:01:43,449
At least 119.

1260
01:01:45,911 --> 01:01:47,829
The Agency admits
a quarter of them

1261
01:01:47,913 --> 01:01:49,956
should never have been detained.

1262
01:01:50,039 --> 01:01:54,878
The EIT program never worked,
not on anyone.

1263
01:01:57,047 --> 01:01:59,132
(GAVEL BANGING)

1264
01:02:04,554 --> 01:02:07,849
Today, we are gathered
to approve

1265
01:02:07,932 --> 01:02:09,434
the committee's study of

1266
01:02:09,518 --> 01:02:14,565
the CIA Detention
and Interrogation Program.

1267
01:02:14,648 --> 01:02:17,317
I would like to thank
Daniel Jones

1268
01:02:17,400 --> 01:02:21,155
and his small staff
who prepared this study.

1269
01:02:21,237 --> 01:02:23,699
Clerk, would you call the roll?

1270
01:02:25,324 --> 01:02:28,077
- CLERK: Mr. Udall?
- UDALL: Yay.

1271
01:02:28,161 --> 01:02:31,081
- CLERK: Mr. Rubio?
- RUBIO: Nay.

1272
01:02:31,164 --> 01:02:33,833
- CLERK: Mr. Rockefeller?
- ROCKEFELLER: Yay.

1273
01:02:33,916 --> 01:02:36,295
- CLERK: Mr. Warner?
- WARNER: Yay.

1274
01:02:36,378 --> 01:02:38,297
- CLERK: Mr. Blunt?
- BLUNT: Nay.

1275
01:02:38,380 --> 01:02:41,215
- CLERK: Mr. Conrad?
- CONRAD: Yay.

1276
01:02:41,300 --> 01:02:43,510
- CLERK: Mr. Coats?
- COATS: Nay.

1277
01:02:43,594 --> 01:02:45,846
- CLERK: Mr. Nelson?
- NELSON: Yay.

1278
01:02:45,929 --> 01:02:48,306
- CLERK: Mr. Risch?
- RISCH: Nay.

1279
01:02:48,389 --> 01:02:50,893
- CLERK: Ms. Mikulski?
- MIKULSKI: Yay.

1280
01:02:50,976 --> 01:02:53,144
- CLERK: Mr. Burr?
- BURR: Nay.

1281
01:02:53,228 --> 01:02:55,606
- CLERK: Mr. Wyden?
- WYDEN: Yay.

1282
01:02:55,688 --> 01:02:58,065
- CLERK: Ms. Snowe?
- SNOWE: Yay.

1283
01:02:58,150 --> 01:03:02,070
- CLERK: Mr. Chambliss?
- CHAMBLISS: Nay.

1284
01:03:02,153 --> 01:03:04,239
CLERK: Ms. Feinstein?

1285
01:03:04,322 --> 01:03:06,699
Yay.

1286
01:03:09,077 --> 01:03:10,661
The motion passes.

1287
01:03:10,746 --> 01:03:15,751
The report will now be sent
to the CIA for final comments.

1288
01:03:19,545 --> 01:03:21,422
BRENNAN: I, John Owen Brennan,

1289
01:03:21,507 --> 01:03:23,634
do solemnly swear to tell
the truth, the full truth,

1290
01:03:23,717 --> 01:03:26,094
and nothing but the truth,
so help me God.

1291
01:03:26,177 --> 01:03:28,764
FEINSTEIN:
Thank you, Mr. Brennan.

1292
01:03:28,847 --> 01:03:31,016
I look forward
to hearing your testimony.

1293
01:03:31,099 --> 01:03:34,353
(CAMERAS CLICKING QUIETLY)

1294
01:03:34,436 --> 01:03:36,730
I am honored
to appear before you today

1295
01:03:36,813 --> 01:03:40,733
as the president's nominee
for director of the CIA.

1296
01:03:40,817 --> 01:03:44,530
I'd like to say from
the beginning that honesty...

1297
01:03:44,612 --> 01:03:48,032
Truthfulness... was a value
inculcated in me

1298
01:03:48,115 --> 01:03:51,077
growing up in New Jersey by
my parents, Owen and Dorothy.

1299
01:03:51,161 --> 01:03:53,204
Now, none of us
are perfect beings.

1300
01:03:53,288 --> 01:03:55,289
I am far from perfect.

1301
01:03:55,373 --> 01:03:57,501
But I will be honest
with this committee

1302
01:03:57,583 --> 01:03:59,126
and do everything possible

1303
01:03:59,210 --> 01:04:02,463
to meet your legitimate needs
and requirements.

1304
01:04:02,547 --> 01:04:04,007
UDALL:
Mr. Brennan, (CLEARS THROAT)

1305
01:04:04,090 --> 01:04:06,717
I've long believed that our
government has an obligation

1306
01:04:06,802 --> 01:04:10,847
to the American people to face
its mistakes transparently,

1307
01:04:10,931 --> 01:04:13,891
to help the public understand
the nature of those mistakes,

1308
01:04:13,976 --> 01:04:16,269
and to correct them.

1309
01:04:16,353 --> 01:04:20,273
The enhanced interrogation
techniques were brutal,

1310
01:04:20,356 --> 01:04:23,025
and, perhaps most importantly,
they did not work.

1311
01:04:23,110 --> 01:04:26,028
Now, the CIA has
a responsibility

1312
01:04:26,112 --> 01:04:28,489
to correct any inaccurate
information it provided

1313
01:04:28,574 --> 01:04:30,717
to the previous White House,
the Department of Justice,

1314
01:04:30,742 --> 01:04:32,536
Congress and the public.

1315
01:04:32,619 --> 01:04:34,913
SO, HERE'S MY QUESTION:

1316
01:04:34,996 --> 01:04:38,208
Do you agree that the CIA
has this responsibility?

1317
01:04:38,291 --> 01:04:40,793
And I'd appreciate
a yes or no answer.

1318
01:04:42,503 --> 01:04:46,007
Yes, Senator.

1319
01:04:46,090 --> 01:04:47,634
Absolutely.

1320
01:04:47,717 --> 01:04:49,260
(PHONE RINGS)

1321
01:04:49,344 --> 01:04:50,903
SECRETARY:
Office of the chief of staff.

1322
01:04:50,929 --> 01:04:52,972
Mr. McDonough is
in a meeting right now.

1323
01:04:53,056 --> 01:04:55,336
According to the latest NBC
News/Wall Street Journal poll,

1324
01:04:55,391 --> 01:04:58,894
the president's
approval rating is at 44%.

1325
01:04:58,978 --> 01:05:00,498
- That's up three points since March...
- (DOOR OPENS)

1326
01:05:00,521 --> 01:05:02,440
SECRETARY:
Excuse me. Mr. McDonough.

1327
01:05:02,523 --> 01:05:04,985
- Director Brennan is here.
- Oh.

1328
01:05:05,068 --> 01:05:06,320
There he is.

1329
01:05:06,402 --> 01:05:08,487
- Congratulations, Mr. Director.
- Thank you.

1330
01:05:08,572 --> 01:05:09,989
Welcome. Come on in. Thank you.

1331
01:05:10,072 --> 01:05:12,199
Thank you
and thank President Obama.

1332
01:05:12,284 --> 01:05:13,952
- (DOOR CLOSES)
- I'll let him know.

1333
01:05:14,036 --> 01:05:16,121
Speaking of, uh,

1334
01:05:16,204 --> 01:05:18,623
he wanted me to ask you
if there's any new information

1335
01:05:18,706 --> 01:05:21,083
on the drone strikes
of April 29th?

1336
01:05:21,168 --> 01:05:24,588
We can confirm
that the Al Qaeda planner

1337
01:05:24,670 --> 01:05:27,632
Abu Sulayman al-Jazairi
has been killed.

1338
01:05:27,715 --> 01:05:30,260
Unfortunately, we also believe

1339
01:05:30,344 --> 01:05:34,347
that there were between five
and ten civilian casualties.

1340
01:05:34,431 --> 01:05:35,849
Shit.

1341
01:05:35,931 --> 01:05:38,143
Well, I'll let
the president know.

1342
01:05:38,226 --> 01:05:40,228
What about the
Intelligence Committee report?

1343
01:05:40,311 --> 01:05:41,771
We need to talk about that.

1344
01:05:41,855 --> 01:05:44,690
John, w-we gave the CIA
until February

1345
01:05:44,775 --> 01:05:47,152
to come up with its response;
it's now May.

1346
01:05:47,235 --> 01:05:49,213
I've got Senator Feinstein
all over my phone sheet.

1347
01:05:49,237 --> 01:05:51,530
I don't want to be the one
who has to push on this,

1348
01:05:51,614 --> 01:05:54,284
but the president would really
like to get this behind us.

1349
01:05:59,748 --> 01:06:01,541
And?

1350
01:06:01,625 --> 01:06:03,960
We acknowledge that

1351
01:06:04,043 --> 01:06:06,630
the Detention and Interrogation
Program had shortcomings

1352
01:06:06,713 --> 01:06:08,965
and that the Agency
made mistakes.

1353
01:06:09,048 --> 01:06:10,728
The most serious of those
occurred early on

1354
01:06:10,800 --> 01:06:13,427
and stemmed from the fact
that we were unprepared.

1355
01:06:15,054 --> 01:06:18,641
Now, as you know, we part ways
on some key points.

1356
01:06:18,724 --> 01:06:22,061
According to our review,
indications are that

1357
01:06:22,144 --> 01:06:24,313
interrogations of
detainees upon whom

1358
01:06:24,398 --> 01:06:27,108
the enhanced interrogation
techniques were used

1359
01:06:27,192 --> 01:06:30,528
did produce unique intelligence

1360
01:06:30,612 --> 01:06:32,364
that helped thwart attack plans,

1361
01:06:32,447 --> 01:06:34,407
capture terrorists,
and saved lives.

1362
01:06:34,490 --> 01:06:36,010
Excuse me, intelligence
gathered from EITs...

1363
01:06:36,034 --> 01:06:38,244
And that intelligence
continues to inform

1364
01:06:38,327 --> 01:06:40,038
our counterterrorism efforts.

1365
01:06:40,121 --> 01:06:41,623
It led us to bin Laden.

1366
01:06:43,208 --> 01:06:45,585
Now, it's one thing
to disapprove of the program.

1367
01:06:45,668 --> 01:06:47,295
I-I welcome that conversation,

1368
01:06:47,378 --> 01:06:49,005
but it's something else
altogether

1369
01:06:49,088 --> 01:06:50,692
to say that it was
mismanaged and ineffective.

1370
01:06:50,715 --> 01:06:51,842
Excuse me, Director Brennan.

1371
01:06:51,925 --> 01:06:54,552
The report is
based on CIA records.

1372
01:06:54,635 --> 01:06:57,179
CIA officers themselves
called it ineffective.

1373
01:06:57,264 --> 01:06:58,889
CIA officers?

1374
01:06:58,974 --> 01:07:01,393
Well, you didn't speak to any
CIA officers in the program,

1375
01:07:01,476 --> 01:07:02,643
did you, Dan?

1376
01:07:02,728 --> 01:07:05,105
Your lawyers would not
make them available to us

1377
01:07:05,188 --> 01:07:08,775
because of the Department
of Justice's criminal inquiry.

1378
01:07:08,858 --> 01:07:11,862
We also disagree with
the study's characterization of

1379
01:07:11,945 --> 01:07:16,282
how the CIA briefed Congress,
the White House and the press.

1380
01:07:16,365 --> 01:07:18,784
Now, we have documentation
that certainly proves that.

1381
01:07:18,869 --> 01:07:20,286
Excuse me, sir, what documents?

1382
01:07:20,369 --> 01:07:21,663
If the director is referencing

1383
01:07:21,746 --> 01:07:23,539
cables or e-mails
we were never shown,

1384
01:07:23,623 --> 01:07:25,222
then that's a violation
of our agreement.

1385
01:07:25,250 --> 01:07:27,753
Everything was supposed
to have been provided to us.

1386
01:07:27,835 --> 01:07:29,755
Do we just give
the committee access

1387
01:07:29,838 --> 01:07:31,715
to the entire
CIA computer system?

1388
01:07:31,797 --> 01:07:33,632
Is that where this goes?

1389
01:07:33,717 --> 01:07:37,094
Dan gets to read every e-mail,
gets to see every document?

1390
01:07:37,179 --> 01:07:40,264
Every relevant document
or e-mail, yes.

1391
01:07:42,349 --> 01:07:45,228
I have always supported
the intelligence community.

1392
01:07:45,311 --> 01:07:50,065
I broke with my own party
to support the drone program,

1393
01:07:50,150 --> 01:07:52,985
but what this report
makes very clear

1394
01:07:53,068 --> 01:07:56,655
is a real need for oversight
and accountability.

1395
01:07:56,739 --> 01:07:59,617
You asked for our response,
and we gave it to you.

1396
01:07:59,701 --> 01:08:02,077
We looked in the mirror.

1397
01:08:02,161 --> 01:08:05,039
Now, uh, we made mistakes.

1398
01:08:05,123 --> 01:08:08,501
There were abuses, and those
abuses have been addressed.

1399
01:08:08,585 --> 01:08:11,963
But I-I vehemently disagree
with the narrative

1400
01:08:12,047 --> 01:08:14,048
that you're trying
to string together here.

1401
01:08:14,132 --> 01:08:15,759
It lacks context.

1402
01:08:15,842 --> 01:08:17,719
It does not paint
an accurate picture

1403
01:08:17,802 --> 01:08:19,887
of the work that was done.

1404
01:08:19,970 --> 01:08:21,555
Let's go.

1405
01:08:21,640 --> 01:08:24,518
DANIEL: Senator, John Brennan's
name is in that report.

1406
01:08:24,600 --> 01:08:26,269
He was Director Tenet's
chief of staff

1407
01:08:26,353 --> 01:08:27,672
and then
deputy executive director

1408
01:08:27,729 --> 01:08:29,271
when the program started.

1409
01:08:29,355 --> 01:08:31,000
- He grew up at the Agency.
- MORRIS: He claims to have

1410
01:08:31,024 --> 01:08:32,710
- spoken out against the EIT program...
- Where?

1411
01:08:32,734 --> 01:08:34,735
I just spent five years
looking at their e-mails.

1412
01:08:34,819 --> 01:08:36,619
I never found anything
to suggest that's true.

1413
01:08:36,695 --> 01:08:38,948
Well, we knew
this wasn't going to be easy.

1414
01:08:39,032 --> 01:08:42,034
They have their own narrative,
and they're gonna stick to it.

1415
01:08:42,118 --> 01:08:43,957
Maybe we could come up
with some middle ground,

1416
01:08:43,994 --> 01:08:46,122
- find some common language.
- I thought our job

1417
01:08:46,206 --> 01:08:47,766
was to provide oversight
and accountability,

1418
01:08:47,791 --> 01:08:49,626
not middle ground.

1419
01:08:50,417 --> 01:08:52,503
I have a question for you.

1420
01:08:52,587 --> 01:08:55,090
Do you work for me
or for the report?

1421
01:08:56,591 --> 01:09:01,011
And I'd encourage you to think
about that before answering.

1422
01:09:13,483 --> 01:09:15,569
MCDONOUGH: Dan!

1423
01:09:15,652 --> 01:09:17,695
(LAUGHS): Dan Jones.

1424
01:09:17,779 --> 01:09:19,029
There he is.

1425
01:09:19,113 --> 01:09:20,948
Look at you, chief investigator

1426
01:09:21,032 --> 01:09:23,409
of the largest study
the Senate's ever conducted.

1427
01:09:23,493 --> 01:09:25,036
My God. How you doing?

1428
01:09:25,119 --> 01:09:26,954
It's good to see you
in the fresh air.

1429
01:09:27,037 --> 01:09:28,431
- (CHUCKLES): Yeah.
- It's so funny.

1430
01:09:28,456 --> 01:09:29,957
I was just thinking
the other night,

1431
01:09:30,041 --> 01:09:32,543
do you remember that time
you came and saw me,

1432
01:09:32,627 --> 01:09:34,170
right after
you got out of school?

1433
01:09:34,253 --> 01:09:36,213
You said go get
intel experience,

1434
01:09:36,297 --> 01:09:37,882
wait till the Dems
got the Senate back.

1435
01:09:37,966 --> 01:09:39,216
AND LOOK AT YOU NOW:

1436
01:09:39,301 --> 01:09:40,903
working for the
Senate Intelligence Committee

1437
01:09:40,926 --> 01:09:42,386
for Dianne Feinstein.

1438
01:09:42,470 --> 01:09:44,155
You told me once you wanted
to make a difference.

1439
01:09:44,180 --> 01:09:45,806
I hope you still
get that chance.

1440
01:09:45,890 --> 01:09:47,766
- What does that mean?
- What does that mean?

1441
01:09:47,850 --> 01:09:51,604
It means, Dan, get out of the
senator's head about the CIA.

1442
01:09:51,688 --> 01:09:53,606
You're not doing yourself
any favors.

1443
01:09:53,689 --> 01:09:55,149
Have you read the report?

1444
01:09:55,233 --> 01:09:58,403
It's 7,000 pages, Dan.

1445
01:09:58,485 --> 01:10:02,239
The Bible tells the history
of mankind in less than that.

1446
01:10:02,323 --> 01:10:05,743
Look, buddy,

1447
01:10:05,827 --> 01:10:07,555
we're gonna get the CIA
to sit down with you,

1448
01:10:07,578 --> 01:10:09,956
tell you
their side of the story.

1449
01:10:10,039 --> 01:10:12,667
It would help
if you would listen.

1450
01:10:14,293 --> 01:10:16,462
The study seems
to most seriously diverge

1451
01:10:16,546 --> 01:10:19,506
from the facts by asking
the reader to believe

1452
01:10:19,591 --> 01:10:21,801
the CIA withheld information

1453
01:10:21,885 --> 01:10:23,845
from the executive branch
and Congress.

1454
01:10:23,929 --> 01:10:27,056
We'd like to see that
removed from the report.

1455
01:10:27,140 --> 01:10:29,201
DANIEL: After the photos of
Abu Ghraib came out in 2004,

1456
01:10:29,225 --> 01:10:31,478
Deputy Director McLaughlin
appeared before Congress,

1457
01:10:31,560 --> 01:10:34,439
in front of you, and said
the CIA is not authorized

1458
01:10:34,521 --> 01:10:36,815
to do anything like what
you've seen in those photos.

1459
01:10:36,899 --> 01:10:38,859
But what they were doing
was even worse.

1460
01:10:38,944 --> 01:10:40,862
Then in 2005,
Senator Rockefeller

1461
01:10:40,945 --> 01:10:42,655
called for a review
of the program,

1462
01:10:42,738 --> 01:10:44,698
and the deputy chief
of Counterterrorism

1463
01:10:44,783 --> 01:10:46,493
got nervous
where that might lead.

1464
01:10:46,576 --> 01:10:48,787
So he sent a message
to senior leadership

1465
01:10:48,869 --> 01:10:51,372
discussing the need
to manage the situation.

1466
01:10:51,456 --> 01:10:55,292
He said, "We either get out
and sell, or we get hammered."

1467
01:10:55,377 --> 01:10:58,337
Congress reads it,
cuts our authorities,

1468
01:10:58,421 --> 01:10:59,797
messes up our budget.

1469
01:10:59,881 --> 01:11:01,131
We need to make sure

1470
01:11:01,216 --> 01:11:03,592
"the impression of
what we do is positive."

1471
01:11:03,676 --> 01:11:06,261
This is the deputy chief
of Counterterrorism.

1472
01:11:06,345 --> 01:11:08,847
That all stays in.

1473
01:11:08,931 --> 01:11:11,059
We fundamentally disagree
with the assertion

1474
01:11:11,141 --> 01:11:13,979
that the program was
poorly managed and executed

1475
01:11:14,061 --> 01:11:17,564
and that unqualified officers
imposed brutal conditions,

1476
01:11:17,649 --> 01:11:20,652
used unapproved techniques, and
were rarely held accountable.

1477
01:11:20,734 --> 01:11:22,862
FEINSTEIN:
What about Mitchell and Jessen?

1478
01:11:22,945 --> 01:11:26,658
DANIEL: Mitchell's PhD thesis
was on diet and exercise

1479
01:11:26,740 --> 01:11:28,368
for controlling hypertension.

1480
01:11:28,451 --> 01:11:30,412
Jessen's dissertation
was on family therapy,

1481
01:11:30,494 --> 01:11:31,997
something called
family sculpting,

1482
01:11:32,079 --> 01:11:34,082
where you make clay figures
of your family members.

1483
01:11:34,164 --> 01:11:35,850
- No. How much were they paid?
- They had no experience

1484
01:11:35,875 --> 01:11:37,042
in real-world interrogations.

1485
01:11:37,127 --> 01:11:38,586
No science
to back up their claims.

1486
01:11:38,670 --> 01:11:39,962
They were allowed to assess

1487
01:11:40,046 --> 01:11:41,840
the effectiveness
of their own program

1488
01:11:41,922 --> 01:11:43,841
without providing
any scientific evidence.

1489
01:11:43,925 --> 01:11:45,385
How much in total

1490
01:11:45,467 --> 01:11:48,555
did the U.S. taxpayers
give them for their work?

1491
01:11:48,637 --> 01:11:50,515
Over $80 million.

1492
01:11:51,599 --> 01:11:54,394
The Agency also disagrees that

1493
01:11:54,476 --> 01:11:57,604
the Detention and Interrogation
Program did not produce

1494
01:11:57,689 --> 01:11:59,565
unique intelligence
that disrupted plots

1495
01:11:59,649 --> 01:12:01,859
and saved lives.

1496
01:12:01,943 --> 01:12:04,154
For instance,
the identity of José Padilla,

1497
01:12:04,237 --> 01:12:06,030
the "dirty bomber."

1498
01:12:06,113 --> 01:12:07,614
If we hadn't stopped Padilla,

1499
01:12:07,698 --> 01:12:11,161
this entire area
would be radioactive today.

1500
01:12:11,243 --> 01:12:12,871
DANIEL: José Padilla!

1501
01:12:12,953 --> 01:12:15,789
Padilla found the instructions
for his dirty bomb online,

1502
01:12:15,873 --> 01:12:19,252
in-in an article entitled
"Making and owning an H-bomb

1503
01:12:19,335 --> 01:12:22,421
is the kind of challenge
real Americans seek."

1504
01:12:22,505 --> 01:12:25,382
It says,
"Fill two buckets with uranium

1505
01:12:25,466 --> 01:12:28,595
and swing them above your head
as fast as possible."

1506
01:12:28,677 --> 01:12:30,055
It was a joke.

1507
01:12:30,137 --> 01:12:31,639
As far as we can tell,

1508
01:12:31,722 --> 01:12:34,059
everything they attribute
to EITs they already had,

1509
01:12:34,141 --> 01:12:36,770
from other sources,
from foreign governments,

1510
01:12:36,853 --> 01:12:38,313
from other methods.

1511
01:12:38,395 --> 01:12:40,899
They claim they saved lives,
but what they really did

1512
01:12:40,981 --> 01:12:42,692
was make it impossible
to prosecute

1513
01:12:42,775 --> 01:12:45,944
a mass murderer like KSM,
because if what we did to him

1514
01:12:46,029 --> 01:12:48,823
ever came out in a court
of law, the case is over.

1515
01:12:48,907 --> 01:12:52,077
The guy planned 9/11,
and instead of going to jail

1516
01:12:52,159 --> 01:12:54,537
for the rest of his life,
the CIA turned him into

1517
01:12:54,621 --> 01:12:57,791
a recruiting tool
for a war we're still fighting.

1518
01:13:01,461 --> 01:13:03,671
Stop meeting with them.

1519
01:13:10,095 --> 01:13:13,222
This is a remarkable document
you've created.

1520
01:13:13,305 --> 01:13:15,057
Truly.

1521
01:13:15,140 --> 01:13:18,645
It will provide
an enduring history,

1522
01:13:18,728 --> 01:13:21,396
whether it comes out or not.

1523
01:13:24,067 --> 01:13:26,235
(DOOR OPENS, CLOSES)

1524
01:13:26,319 --> 01:13:28,779
What does that mean, "w-whether
it comes out or not"?

1525
01:13:28,863 --> 01:13:31,115
What does she mean?

1526
01:13:31,198 --> 01:13:32,742
What does that mean?

1527
01:13:32,826 --> 01:13:34,427
We've been working on this
thing for nearly five years.

1528
01:13:34,452 --> 01:13:37,956
Yes, and it is still
our word against theirs.

1529
01:13:38,038 --> 01:13:39,623
She's gonna need more than that.

1530
01:13:44,462 --> 01:13:46,840
(BIRDS CHIRPING)

1531
01:13:52,470 --> 01:13:55,849
(RINGTONE PLAYING)

1532
01:13:56,682 --> 01:13:57,850
This is Jones.

1533
01:13:57,934 --> 01:13:59,601
TANNER:
Hey, Dan, this is Evan Tanner.

1534
01:13:59,685 --> 01:14:03,230
Um, I hear rumors the report
might not be coming out now.

1535
01:14:03,314 --> 01:14:05,024
A lot of pushback
from the Agency.

1536
01:14:05,108 --> 01:14:07,944
- They're calling it "flawed."
- Who told you that?

1537
01:14:08,027 --> 01:14:11,072
(SIGHS) Dan, I'm the
national security reporter

1538
01:14:11,155 --> 01:14:12,448
for The New York Times.

1539
01:14:12,532 --> 01:14:14,492
Do you have any thoughts?

1540
01:14:14,576 --> 01:14:17,828
DANIEL: (SIGHS) It's not
my place to talk about rumors.

1541
01:14:17,912 --> 01:14:19,413
TANNER:
No, I didn't think you would.

1542
01:14:19,497 --> 01:14:21,498
I was wondering
if you might want to comment.

1543
01:14:21,582 --> 01:14:25,127
Uh, it can be off the record.

1544
01:14:25,211 --> 01:14:29,173
I just think we can
help each other here.

1545
01:14:29,256 --> 01:14:31,842
DANIEL:
You know I can't do that.

1546
01:14:33,511 --> 01:14:36,680
And here's what we know
about Caroline Krass:

1547
01:14:36,764 --> 01:14:38,265
20 years
in the executive branch,

1548
01:14:38,349 --> 01:14:39,809
including the
Office of Legal Counsel

1549
01:14:39,893 --> 01:14:41,476
where she worked with John Yoo.

1550
01:14:41,560 --> 01:14:44,189
Guys, (SIGHS) this
confirmation's a done deal.

1551
01:14:44,271 --> 01:14:46,064
We're not gonna stop it.

1552
01:14:46,149 --> 01:14:49,985
But it is a public hearing,
and it just seems like

1553
01:14:50,069 --> 01:14:52,029
there's an opportunity
to say something.

1554
01:14:52,113 --> 01:14:54,782
Wh-What are you
looking for, Senator?

1555
01:14:54,865 --> 01:14:57,368
I don't know, something
to move the study forward,

1556
01:14:57,452 --> 01:15:00,371
to break us
out of this stalemate.

1557
01:15:02,707 --> 01:15:03,957
Any ideas?

1558
01:15:09,087 --> 01:15:10,715
Senator, there is a document.

1559
01:15:19,015 --> 01:15:20,390
(KEYPAD BEEPS)

1560
01:15:23,101 --> 01:15:25,395
(LIGHTS CLINKING)

1561
01:15:41,203 --> 01:15:43,581
(DRAWER OPENS, CLOSES)

1562
01:15:48,127 --> 01:15:50,212
(KEYPAD BEEPS)

1563
01:15:50,296 --> 01:15:51,922
You ever sleep, bro?

1564
01:15:52,006 --> 01:15:53,882
(CHUCKLES): I used to.

1565
01:15:53,966 --> 01:15:55,842
- Got in the way of work.
- (SCANNER BEEPS)

1566
01:15:55,926 --> 01:15:58,637
Anything in that bag contain
the real names of CIA officers,

1567
01:15:58,720 --> 01:16:00,847
assets or partners,
or any information

1568
01:16:00,931 --> 01:16:03,100
that would be in violation
of the agreement between

1569
01:16:03,184 --> 01:16:05,895
the Central Intelligence Agency
and the United States Senate?

1570
01:16:05,979 --> 01:16:08,689
- Have a good night, Jay.
- You, too, Dan.

1571
01:16:42,222 --> 01:16:43,807
(LOCK CLICKS)

1572
01:16:59,990 --> 01:17:01,242
(GAVEL BANGING)

1573
01:17:01,326 --> 01:17:03,328
The committee
will come to order.

1574
01:17:03,411 --> 01:17:05,037
- (CROWD MURMURING)
- (CAMERAS CLICKING)

1575
01:17:05,121 --> 01:17:07,707
Today, we are gathered
for the confirmation hearing

1576
01:17:07,789 --> 01:17:12,377
of Caroline Krass to be
general counsel of the CIA.

1577
01:17:12,462 --> 01:17:14,963
Welcome, Ms. Krass.

1578
01:17:15,047 --> 01:17:17,216
I'm honored to be here
before the committee,

1579
01:17:17,300 --> 01:17:20,177
and I'd like to take this
moment to acknowledge my family

1580
01:17:20,261 --> 01:17:22,637
and thank them
for their support.

1581
01:17:22,721 --> 01:17:24,140
Thank you.

1582
01:17:24,222 --> 01:17:26,809
Uh, before we begin,
I would like to remind members

1583
01:17:26,893 --> 01:17:29,395
not to discuss classified topics

1584
01:17:29,479 --> 01:17:33,483
or ask questions which require
a classified answer.

1585
01:17:33,565 --> 01:17:36,444
With that said,
I turn to Senator Udall.

1586
01:17:36,527 --> 01:17:38,445
Ms. Krass,
nice to see you again.

1587
01:17:38,529 --> 01:17:40,238
We had a chance
to sit down last week

1588
01:17:40,323 --> 01:17:41,615
and discuss the Senate's study

1589
01:17:41,698 --> 01:17:43,993
on the Detention
and Interrogation Program.

1590
01:17:44,077 --> 01:17:49,414
You told me you found the study
to be hard reading.

1591
01:17:49,498 --> 01:17:51,458
Also, last week,
a number of articles appeared

1592
01:17:51,542 --> 01:17:53,502
discussing
the one-year anniversary

1593
01:17:53,586 --> 01:17:55,505
of the vote to approve
the committee's study.

1594
01:17:55,587 --> 01:17:57,547
And in one of those articles,

1595
01:17:57,631 --> 01:18:01,469
the CIA claimed to have found
significant errors.

1596
01:18:01,551 --> 01:18:04,555
Now, I got to tell you, I don't
believe that is accurate.

1597
01:18:04,639 --> 01:18:07,766
In fact,
I'm more confident than ever

1598
01:18:07,850 --> 01:18:11,770
in the factual accuracy
of the committee's study.

1599
01:18:11,854 --> 01:18:16,024
I WANT TO SAY THAT AGAIN:
I'm more confident than ever.

1600
01:18:17,275 --> 01:18:19,444
It appears that the CIA
performed their own study

1601
01:18:19,529 --> 01:18:24,033
of the EIT program, initiated
by former Director Panetta.

1602
01:18:24,117 --> 01:18:26,452
- (QUIET WHISPERING)
- And the findings

1603
01:18:26,536 --> 01:18:28,871
in that review
are entirely consistent

1604
01:18:28,954 --> 01:18:33,167
with our committee's report,
but amazingly conflicts with

1605
01:18:33,251 --> 01:18:35,336
the CIA's official response
to that report.

1606
01:18:35,420 --> 01:18:38,088
- (QUIET MURMURING)
- (CAMERAS CLICKING)

1607
01:18:38,171 --> 01:18:41,634
So, why is a review
the CIA conducted internally,

1608
01:18:41,716 --> 01:18:45,680
and never revealed to Congress,
so different from

1609
01:18:45,762 --> 01:18:49,350
the CIA's formal response
to the committee's report?

1610
01:18:49,434 --> 01:18:51,644
Do you have an answer for that?

1611
01:18:52,395 --> 01:18:56,064
Um, not at this time.

1612
01:19:01,445 --> 01:19:04,489
If I wanted the public to know
about the Panetta review,

1613
01:19:04,573 --> 01:19:06,158
I would have told them myself.

1614
01:19:06,242 --> 01:19:07,743
We hear that the Republicans

1615
01:19:07,827 --> 01:19:09,304
are gonna censure Udall
for that performance.

1616
01:19:09,328 --> 01:19:10,805
DANIEL: But the review
proves our point.

1617
01:19:10,829 --> 01:19:12,372
They found
the same things we did.

1618
01:19:12,457 --> 01:19:14,500
The Agency didn't know
how or where to hold people,

1619
01:19:14,583 --> 01:19:16,210
didn't know
how to interrogate people,

1620
01:19:16,293 --> 01:19:18,587
and, more importantly,
the CIA did give it to us.

1621
01:19:18,671 --> 01:19:21,006
I don't know
if it was an accident

1622
01:19:21,090 --> 01:19:22,550
or it was a whistle-blower.

1623
01:19:22,632 --> 01:19:24,092
Well, if it was
a whistle-blower,

1624
01:19:24,176 --> 01:19:26,554
you may have just exposed them.

1625
01:19:26,636 --> 01:19:28,847
Not to mention yourself.

1626
01:19:53,413 --> 01:19:55,332
(ELECTRONICS BEEPING)

1627
01:20:02,297 --> 01:20:03,673
(KEYPAD BEEPS)

1628
01:20:13,643 --> 01:20:16,686
(CAMERA CLICKING)

1629
01:20:25,863 --> 01:20:27,948
We got something here.

1630
01:20:28,032 --> 01:20:29,951
EASTMAN: The director
has asked me here today

1631
01:20:30,033 --> 01:20:32,411
in my capacity
as Agency legal counsel.

1632
01:20:32,494 --> 01:20:36,998
What we have to discuss
has serious implications.

1633
01:20:37,082 --> 01:20:38,208
All right.

1634
01:20:38,292 --> 01:20:39,728
BRENNAN:
We have proof that the staff

1635
01:20:39,752 --> 01:20:41,420
of the Senate
Intelligence Committee

1636
01:20:41,503 --> 01:20:44,006
illegally gained access
to the CIA's computer network

1637
01:20:44,090 --> 01:20:46,007
and obtained
classified documents.

1638
01:20:47,092 --> 01:20:48,261
What kind of proof?

1639
01:20:48,344 --> 01:20:50,011
We found the document
in question

1640
01:20:50,095 --> 01:20:52,014
on Daniel Jones's computer.

1641
01:20:52,097 --> 01:20:55,225
We did not provide it to him
or to the committee.

1642
01:20:55,309 --> 01:20:59,188
If he didn't hack us,
how did it get there?

1643
01:20:59,271 --> 01:21:02,817
We feel that Jones and his team
need to be disciplined.

1644
01:21:04,527 --> 01:21:06,570
Immediate dismissal is in order,

1645
01:21:06,654 --> 01:21:09,114
at a minimum, I would think.

1646
01:21:10,699 --> 01:21:14,662
John, are you saying that you
broke into the computer system

1647
01:21:14,744 --> 01:21:16,413
of the United States Senate?

1648
01:21:16,497 --> 01:21:18,256
We never gave you clearance
on that document.

1649
01:21:18,291 --> 01:21:22,043
It was classified, yet
you chose to make it public.

1650
01:21:22,127 --> 01:21:23,729
We've made our investigation
and our findings

1651
01:21:23,753 --> 01:21:24,838
known to the White House.

1652
01:21:24,921 --> 01:21:27,675
DANIEL:
You're fucking kidding me.

1653
01:21:29,092 --> 01:21:30,927
They're saying I broke into

1654
01:21:31,011 --> 01:21:34,015
the most top secret
computer system in the world?

1655
01:21:34,097 --> 01:21:36,182
- Brennan and Eastman came over...
- Eastman?

1656
01:21:36,266 --> 01:21:38,161
Eastman's name is in the report
over a thousand times.

1657
01:21:38,185 --> 01:21:40,604
- That's not a conflict?
- Dan.

1658
01:21:40,688 --> 01:21:43,440
They filed a criminal referral
against you.

1659
01:21:43,524 --> 01:21:45,900
They want you gone.

1660
01:21:48,904 --> 01:21:51,573
H-How did the Agency
come to the conclusion

1661
01:21:51,657 --> 01:21:52,824
that I'm a hacker?

1662
01:21:52,908 --> 01:21:54,707
H-How do they even know
what's on my computer?

1663
01:21:54,743 --> 01:21:56,494
They say
they conducted a search.

1664
01:21:56,578 --> 01:21:58,038
Of the United States Senate?

1665
01:21:58,122 --> 01:21:59,932
The whole reason
this committee was established

1666
01:21:59,957 --> 01:22:01,876
in the first place
was to stop the CIA

1667
01:22:01,958 --> 01:22:03,252
from spying on U.S. citizens.

1668
01:22:03,336 --> 01:22:04,938
The senator is talking
to Harry Reid about

1669
01:22:04,962 --> 01:22:06,689
- that very thing...
- Did they go into that room?

1670
01:22:06,713 --> 01:22:08,609
That room is off-limits. Did
they go into that fucking room?

1671
01:22:08,632 --> 01:22:10,301
I don't know.

1672
01:22:11,636 --> 01:22:13,261
I don't know.

1673
01:22:14,889 --> 01:22:17,432
I do know that the Republicans
are gonna run with this.

1674
01:22:17,515 --> 01:22:19,476
They're gonna use it
to discredit the report.

1675
01:22:19,560 --> 01:22:21,936
They're gonna
use it to discredit you.

1676
01:22:23,605 --> 01:22:26,067
Dan, they're accusing you
of breaking the law.

1677
01:22:26,149 --> 01:22:27,734
You're gonna need a lawyer.

1678
01:22:32,782 --> 01:22:34,992
DANIEL:
There's a saying at the Agency:

1679
01:22:35,076 --> 01:22:36,368
"Admit nothing,

1680
01:22:36,452 --> 01:22:38,537
deny everything,
make counteraccusations."

1681
01:22:38,621 --> 01:22:40,747
- That's what they're doing.
- (FOOTSTEPS APPROACHING)

1682
01:22:40,831 --> 01:22:42,707
CLIFFORD: The CIA is
investigating you for...

1683
01:22:42,792 --> 01:22:44,935
DANIEL: They're the ones who
should be investigated, not me.

1684
01:22:44,960 --> 01:22:47,546
Mr. Jones?
Mr. Clifford will see you now.

1685
01:22:47,630 --> 01:22:49,172
DANIEL: Our computer system

1686
01:22:49,256 --> 01:22:52,051
isn't even connected
to the CIA mainframe.

1687
01:22:52,134 --> 01:22:53,844
So did I just go over to Langley

1688
01:22:53,927 --> 01:22:55,095
and break in on a weekend?

1689
01:22:55,179 --> 01:22:56,971
Seems unlikely.

1690
01:22:57,055 --> 01:22:58,974
So what evidence do they have?

1691
01:22:59,057 --> 01:23:01,060
A document.

1692
01:23:02,144 --> 01:23:04,479
A document?
What kind of a document?

1693
01:23:07,274 --> 01:23:08,984
I can't tell you that.

1694
01:23:09,068 --> 01:23:12,029
Because, what, it's classified?

1695
01:23:12,113 --> 01:23:14,198
I was tasked
to lead an investigation

1696
01:23:14,280 --> 01:23:16,701
into a CIA program
they started after 9/11,

1697
01:23:16,783 --> 01:23:19,036
what they called
enhanced interrogation.

1698
01:23:19,119 --> 01:23:23,123
And I assume your work
is critical of the Agency?

1699
01:23:25,501 --> 01:23:27,795
You know, Dan, a lot of people
in this country

1700
01:23:27,877 --> 01:23:29,505
felt the CIA was
justified in doing

1701
01:23:29,587 --> 01:23:31,465
whatever they had to do
to keep us safe.

1702
01:23:31,548 --> 01:23:33,801
I have friends
who lost people that day.

1703
01:23:33,884 --> 01:23:36,470
And a lot of people watch 24
on Thursday nights

1704
01:23:36,554 --> 01:23:38,139
and hear Jack Bauer say,

1705
01:23:38,221 --> 01:23:39,822
"I don't want to bypass
the Constitution,

1706
01:23:39,849 --> 01:23:41,559
but these are
extraordinary circumstances,"

1707
01:23:41,641 --> 01:23:43,978
just before, you know,
he s-sticks a knife in them

1708
01:23:44,060 --> 01:23:45,604
and makes them give up a plot.

1709
01:23:45,688 --> 01:23:47,605
It-it doesn't work that way.

1710
01:23:48,690 --> 01:23:52,027
Well, as Winston Churchill said,

1711
01:23:52,110 --> 01:23:55,029
"History is written
by the victors."

1712
01:23:57,115 --> 01:23:59,452
Churchill didn't really
say that; Hermann Goring did.

1713
01:23:59,534 --> 01:24:01,828
And what he said was,
"We will go down in history"

1714
01:24:01,912 --> 01:24:03,706
either as the world's
greatest statesmen

1715
01:24:03,788 --> 01:24:05,373
"or its worst villains."

1716
01:24:05,457 --> 01:24:08,752
So your report is
gonna determine that:

1717
01:24:08,836 --> 01:24:10,503
statesmen or villains?

1718
01:24:14,048 --> 01:24:17,595
How long have you been
working on this project, Dan?

1719
01:24:17,677 --> 01:24:19,805
Five years.

1720
01:24:19,889 --> 01:24:22,682
Five years,
and it could all go away,

1721
01:24:22,766 --> 01:24:26,395
just vanish in the face
of these allegations.

1722
01:24:26,479 --> 01:24:27,896
I can certainly imagine

1723
01:24:27,979 --> 01:24:30,608
an ambitious young man
like yourself spends years

1724
01:24:30,690 --> 01:24:33,860
with his head buried
in some terrible spectacle,

1725
01:24:33,944 --> 01:24:36,070
gets frustrated
with the process,

1726
01:24:36,154 --> 01:24:38,908
sees an opportunity
to get the truth out faster,

1727
01:24:38,990 --> 01:24:40,242
maybe crosses a line.

1728
01:24:40,326 --> 01:24:41,970
I'm assuming this is
the most important thing

1729
01:24:41,993 --> 01:24:43,805
- you've ever been a part of.
- I didn't do it.

1730
01:24:43,828 --> 01:24:45,456
Or I can see
an equally ambitious senator

1731
01:24:45,538 --> 01:24:46,807
encouraging you to do something.

1732
01:24:46,832 --> 01:24:48,501
Now would be
a good time to tell me.

1733
01:24:48,583 --> 01:24:49,918
That did not happen.

1734
01:24:50,002 --> 01:24:51,796
What I did, I did on my own.
I acted alone.

1735
01:24:51,878 --> 01:24:53,689
- So you did steal the document?
- I did not steal it.

1736
01:24:53,713 --> 01:24:55,065
- You needed it to...
- I relocated it.

1737
01:24:55,090 --> 01:24:56,175
I put it in a safe.

1738
01:24:56,257 --> 01:24:58,301
If they had a way
of destroying tapes,

1739
01:24:58,385 --> 01:24:59,904
- then surely they could get...
- Everyone has their own words.

1740
01:24:59,929 --> 01:25:01,596
The language is built
to choose sides.

1741
01:25:01,680 --> 01:25:03,974
Now, why did you relocate it?

1742
01:25:08,270 --> 01:25:10,855
Documents had a way of
disappearing off the server.

1743
01:25:10,939 --> 01:25:14,443
For instance, in 2010,
over 800 documents

1744
01:25:14,527 --> 01:25:17,488
just vanished
without any explanation.

1745
01:25:17,570 --> 01:25:20,198
So you had computer issues
all along.

1746
01:25:21,367 --> 01:25:23,159
Who else knew
what was on the computers?

1747
01:25:23,243 --> 01:25:25,996
Well, the CIA hired an outside
firm to vet the documents:

1748
01:25:26,079 --> 01:25:27,331
CENTRA.

1749
01:25:27,413 --> 01:25:29,332
And CACI was also involved.

1750
01:25:29,416 --> 01:25:31,210
- Who are they?
- Contractors.

1751
01:25:31,292 --> 01:25:33,087
But Jim Pavitt
is on their board.

1752
01:25:34,630 --> 01:25:37,006
Former deputy director
of operations for the CIA,

1753
01:25:37,091 --> 01:25:40,261
Jim Pavitt, during the program,
Jim Pavitt.

1754
01:25:40,344 --> 01:25:42,179
And is he named in the report?

1755
01:25:43,471 --> 01:25:44,765
Can't tell me.

1756
01:25:46,015 --> 01:25:48,726
So they can't destroy
the document. (SIGHS)

1757
01:25:48,810 --> 01:25:51,896
Then they can go after
THE NEXT BEST THING: you.

1758
01:25:51,980 --> 01:25:54,108
Make you a zealot.

1759
01:25:54,190 --> 01:25:57,278
Anything you touch is tainted.

1760
01:25:57,360 --> 01:25:59,779
I could see the Agency saying
that this is a violation

1761
01:25:59,863 --> 01:26:04,577
of the Espionage Act, the...
Computer Fraud and Abuse Act,

1762
01:26:04,659 --> 01:26:06,871
uh, who knows what else.

1763
01:26:06,953 --> 01:26:08,872
And if they file
a charge against me,

1764
01:26:08,956 --> 01:26:10,748
how long could I go away for?

1765
01:26:10,832 --> 01:26:13,836
I don't know.
20 years, maybe more.

1766
01:26:18,631 --> 01:26:20,759
(SIGHS)

1767
01:26:23,929 --> 01:26:27,474
I did not hack into
the CIA computer system.

1768
01:26:29,475 --> 01:26:33,479
I mean, my com... my computer
skills stop at Microsoft Word.

1769
01:26:33,564 --> 01:26:35,274
They probably know that.

1770
01:26:35,356 --> 01:26:36,859
LET ME ASK YOU SOMETHING:

1771
01:26:36,942 --> 01:26:39,194
How much does
a Senate staffer make?

1772
01:26:39,278 --> 01:26:41,029
At my level?
About-about a hundred grand.

1773
01:26:41,113 --> 01:26:43,657
Any retirement, savings,
family money?

1774
01:26:43,740 --> 01:26:45,951
No.

1775
01:26:46,034 --> 01:26:48,453
So, we should discuss
my retainer.

1776
01:26:48,537 --> 01:26:50,914
- How much is that?
- $30,000 to start.

1777
01:26:50,997 --> 01:26:53,583
And if it goes to trial,
add a zero.

1778
01:26:55,336 --> 01:26:56,795
Nothing could make them happier

1779
01:26:56,878 --> 01:26:59,297
than knowing you're
sitting here talking to me.

1780
01:26:59,381 --> 01:27:00,925
That's what they want, Dan.

1781
01:27:01,007 --> 01:27:05,179
Make you bleed money
all over my floor.

1782
01:27:05,261 --> 01:27:08,265
Do you want my expert opinion,
for free?

1783
01:27:08,349 --> 01:27:11,769
You don't really have
a legal problem.

1784
01:27:11,851 --> 01:27:14,063
You have a sunlight problem.

1785
01:27:14,145 --> 01:27:17,774
I'm sure you know people
who can help you solve it.

1786
01:27:31,704 --> 01:27:33,247
Daniel Jones.

1787
01:27:33,332 --> 01:27:34,768
I didn't think
you'd ever return my calls.

1788
01:27:34,792 --> 01:27:36,231
Does your boss know
you're talking to

1789
01:27:36,292 --> 01:27:38,002
a guy with a byline
and a tape recorder?

1790
01:27:38,087 --> 01:27:39,396
There's something going on
I think you should look into.

1791
01:27:39,421 --> 01:27:41,715
It involves the Agency.

1792
01:27:43,384 --> 01:27:45,927
Okay. Is it that report
you've been working on,

1793
01:27:46,011 --> 01:27:47,595
the one that
never quite comes out?

1794
01:27:47,680 --> 01:27:50,556
Computers. It has to do with
the hacking of computers.

1795
01:27:50,640 --> 01:27:52,976
All right, whose?

1796
01:27:54,686 --> 01:27:56,939
The United States Senate.

1797
01:27:57,021 --> 01:27:59,358
Someone hacked into the Senate?

1798
01:28:01,443 --> 01:28:03,153
No shit? Okay.

1799
01:28:03,237 --> 01:28:06,239
You have any idea if it was
foreign or domestic?

1800
01:28:06,323 --> 01:28:08,033
Uh, all right, yes, you...

1801
01:28:08,117 --> 01:28:09,702
Sorry, you said
it was the Agency.

1802
01:28:09,784 --> 01:28:11,787
So what-what does the CIA

1803
01:28:11,869 --> 01:28:13,305
have to do with
U.S. Senate computers?

1804
01:28:13,329 --> 01:28:14,682
Evan, you're the
national security reporter

1805
01:28:14,707 --> 01:28:15,707
for The New York Times.

1806
01:28:15,748 --> 01:28:18,460
You can figure it out.
All right?

1807
01:28:18,543 --> 01:28:20,128
(SIGHS)

1808
01:28:21,130 --> 01:28:22,881
- Hmm.
- (KNOCK ON DOOR)

1809
01:28:23,841 --> 01:28:25,050
Morning, Senator.

1810
01:28:25,134 --> 01:28:26,592
You wanted to see me?

1811
01:28:26,676 --> 01:28:28,595
MORRIS:
You know anything about this?

1812
01:28:28,679 --> 01:28:33,016
"Computer Searches at Center
of Dispute on CIA Detentions."

1813
01:28:33,100 --> 01:28:34,976
You have any idea
how that ended up

1814
01:28:35,060 --> 01:28:36,895
- in The New York Times?
- Yeah, I saw that.

1815
01:28:36,979 --> 01:28:38,521
It looks accurate.

1816
01:28:38,604 --> 01:28:41,399
Senator McCain is already
calling the CIA a rogue agency.

1817
01:28:41,483 --> 01:28:42,775
What are your thoughts on

1818
01:28:42,859 --> 01:28:45,445
someone like
Edward Snowden, Dan?

1819
01:28:45,529 --> 01:28:48,323
W-Well, Senator, I know
how you feel about leaks.

1820
01:28:48,407 --> 01:28:50,993
I think he's a traitor,
plain and simple.

1821
01:28:51,076 --> 01:28:52,828
It's my job to provide oversight

1822
01:28:52,911 --> 01:28:54,454
with the tools of governance,

1823
01:28:54,537 --> 01:28:57,416
not lights and cameras
and headlines.

1824
01:28:58,667 --> 01:29:00,293
(SIGHS)

1825
01:29:01,837 --> 01:29:03,713
Do you want me to resign?

1826
01:29:07,426 --> 01:29:09,261
No.

1827
01:29:09,344 --> 01:29:12,221
But I think I might need you
to write me a speech.

1828
01:29:12,305 --> 01:29:15,016
(APPLAUSE)

1829
01:29:16,310 --> 01:29:18,353
AMES:
Senator Feinstein claimed today

1830
01:29:18,436 --> 01:29:21,731
on the Senate floor
that the CIA hacked

1831
01:29:21,814 --> 01:29:23,609
the Senate Intelligence
Committee's computers

1832
01:29:23,692 --> 01:29:26,153
to thwart an investigation
into past practices.

1833
01:29:26,235 --> 01:29:27,654
Can you respond to that?

1834
01:29:27,738 --> 01:29:31,115
Well, first,
we in no way, shape or form

1835
01:29:31,199 --> 01:29:34,161
tried to thwart
the release of the report.

1836
01:29:34,243 --> 01:29:36,829
- (CAMERAS CLICKING)
- Uh, we want that behind us.

1837
01:29:36,913 --> 01:29:39,666
As far as this allegation
that the CIA

1838
01:29:39,750 --> 01:29:42,502
somehow hacked into
the Senate computer system,

1839
01:29:42,586 --> 01:29:46,547
(SIGHS) nothing could be
further from the truth.

1840
01:29:46,631 --> 01:29:49,009
We just wouldn't do that.

1841
01:29:49,092 --> 01:29:51,095
It's beyond the scope of reason.

1842
01:30:01,646 --> 01:30:03,398
Thank you.

1843
01:30:03,481 --> 01:30:05,192
I understand
your position, Senator,

1844
01:30:05,274 --> 01:30:07,735
and I am aware of
Director Brennan's comments.

1845
01:30:07,819 --> 01:30:09,819
Did you hear what Lindsey
Graham said this morning,

1846
01:30:09,863 --> 01:30:12,740
about the Agency
breaking into our computers?

1847
01:30:12,824 --> 01:30:15,993
"The legislative branch
should declare war on the CIA.

1848
01:30:16,078 --> 01:30:19,664
Heads should roll,
people should go to jail."

1849
01:30:19,747 --> 01:30:23,085
Is that what you want?
Send people to jail?

1850
01:30:23,167 --> 01:30:25,796
We do have jails for a reason.

1851
01:30:25,878 --> 01:30:28,047
The Justice Department
investigated the CIA,

1852
01:30:28,131 --> 01:30:29,882
and they decided
not to prosecute.

1853
01:30:29,966 --> 01:30:32,176
It's their call, not ours.

1854
01:30:32,261 --> 01:30:34,637
Now, when this administration
took office,

1855
01:30:34,720 --> 01:30:36,265
we faced
the very real possibility

1856
01:30:36,347 --> 01:30:38,766
of economic collapse.

1857
01:30:38,850 --> 01:30:40,310
WE HAD A DECISION TO MAKE:

1858
01:30:40,394 --> 01:30:42,604
Do we spend our political
capital on going around

1859
01:30:42,688 --> 01:30:45,439
trying to find people to blame,
or do we solve the problem?

1860
01:30:45,524 --> 01:30:47,359
Maybe the way
to solve the problem

1861
01:30:47,442 --> 01:30:49,778
is to hold people accountable.

1862
01:30:49,862 --> 01:30:52,488
Do you ever wonder
why history repeats itself?

1863
01:30:52,573 --> 01:30:54,115
Well, I think maybe it's because

1864
01:30:54,198 --> 01:30:55,742
we don't always listen
the first time.

1865
01:30:55,826 --> 01:30:59,203
Senator, the people at the
Agency... they have families.

1866
01:30:59,287 --> 01:31:02,166
There are children
who might lose a parent.

1867
01:31:02,248 --> 01:31:04,585
(SETS DOWN CUP)

1868
01:31:04,667 --> 01:31:09,172
Years ago, some radical group
put a bomb in the flower box

1869
01:31:09,256 --> 01:31:12,551
outside of my daughter's
bedroom window, right out here.

1870
01:31:12,634 --> 01:31:15,429
Had it been any warmer out,
it would have exploded.

1871
01:31:15,511 --> 01:31:16,889
And then there was the time

1872
01:31:16,971 --> 01:31:21,018
that I found Harvey Milk
shot to death in his office.

1873
01:31:21,100 --> 01:31:24,061
I-I think I'm aware of
the risks of public service.

1874
01:31:24,145 --> 01:31:27,274
President Obama
ended the torture program

1875
01:31:27,356 --> 01:31:29,734
three days after taking office.

1876
01:31:29,818 --> 01:31:34,405
The EITs, what the CIA did...
That is not our mess.

1877
01:31:34,488 --> 01:31:35,990
No, it's not,

1878
01:31:36,073 --> 01:31:39,578
but that's not the question
we're asking, is it?

1879
01:31:39,661 --> 01:31:43,957
THE QUESTION WE'RE ASKING IS:
Who is going to clean it up?

1880
01:31:44,041 --> 01:31:45,626
So let's do that.

1881
01:31:45,708 --> 01:31:50,505
Right after Director Brennan
apologizes to me and my staff.

1882
01:31:52,173 --> 01:31:53,841
ASSISTANT:
The inspector general is here.

1883
01:31:53,926 --> 01:31:55,636
Go ahead in.

1884
01:31:55,719 --> 01:31:59,680
BUCKLEY: In regards to the CIA
search of Senate computers,

1885
01:31:59,765 --> 01:32:01,641
we've looked into the matter

1886
01:32:01,725 --> 01:32:04,936
and have recommended
that the Department of Justice

1887
01:32:05,020 --> 01:32:06,979
begin a criminal investigation.

1888
01:32:07,064 --> 01:32:08,064
EASTMAN: Good.

1889
01:32:08,105 --> 01:32:09,815
So have we.

1890
01:32:09,899 --> 01:32:12,277
Dan Jones,
lead Senate investigator.

1891
01:32:12,360 --> 01:32:14,947
Not the Senate staff.

1892
01:32:15,029 --> 01:32:16,823
The CIA.

1893
01:32:16,907 --> 01:32:18,492
Us?

1894
01:32:18,574 --> 01:32:22,078
Are-are you accusing me or
my staff of breaking the law?

1895
01:32:22,162 --> 01:32:24,288
My understanding is
that five CIA employees

1896
01:32:24,372 --> 01:32:27,125
entered a room
that was off-limits.

1897
01:32:27,208 --> 01:32:28,335
On whose orders?

1898
01:32:28,417 --> 01:32:30,587
Senator Feinstein
is right to call this

1899
01:32:30,671 --> 01:32:32,713
a violation of
the separation of powers.

1900
01:32:32,797 --> 01:32:37,301
The CIA cannot spy
on the U.S. Congress.

1901
01:32:39,220 --> 01:32:41,765
As inspector general,
I'm gonna have to launch

1902
01:32:41,847 --> 01:32:45,978
a full investigation
into the Agency's actions.

1903
01:32:46,060 --> 01:32:48,188
(SIGHS)

1904
01:33:01,827 --> 01:33:04,203
(FEINSTEIN SIGHS)

1905
01:33:05,997 --> 01:33:07,373
Am I going to jail?

1906
01:33:07,457 --> 01:33:09,501
FEINSTEIN: No, they're
dropping the charges.

1907
01:33:09,583 --> 01:33:11,295
You're going back to work.

1908
01:33:11,377 --> 01:33:14,046
Take the most important
findings, finish the summary...

1909
01:33:14,131 --> 01:33:15,673
No more than 400 pages.

1910
01:33:15,756 --> 01:33:19,636
I'm going to ask the committee
to vote to release it.

1911
01:33:25,641 --> 01:33:27,476
MCDONOUGH:
So, you saw they voted.

1912
01:33:27,560 --> 01:33:29,061
11 to three.

1913
01:33:29,145 --> 01:33:31,398
They want to release
an executive summary.

1914
01:33:31,480 --> 01:33:33,817
That thing goes out,
it puts my people in danger,

1915
01:33:33,899 --> 01:33:36,694
who are out there
in a dangerous world today,

1916
01:33:36,778 --> 01:33:38,154
trying to do their jobs.

1917
01:33:38,238 --> 01:33:39,864
Pulls the rug
out from under them.

1918
01:33:39,948 --> 01:33:43,034
Anything that you feel
puts your people in harm's way

1919
01:33:43,118 --> 01:33:44,368
stays classified.

1920
01:33:44,453 --> 01:33:47,247
MY CONCERN IS THIS:
If-if the Senate puts out

1921
01:33:47,331 --> 01:33:49,248
a small pile of pages
and the press goes nuts,

1922
01:33:49,332 --> 01:33:52,418
then everybody's gonna want
to see a bigger pile of pages.

1923
01:33:52,502 --> 01:33:54,880
You keep saying the president
wants to turn the page.

1924
01:33:54,962 --> 01:33:57,048
Well, then turn the page.

1925
01:33:57,131 --> 01:33:59,426
Close the damn book.

1926
01:34:05,097 --> 01:34:07,266
Senator Feinstein
has asked the White House

1927
01:34:07,350 --> 01:34:10,645
to head up final comments
and redactions.

1928
01:34:10,729 --> 01:34:13,814
She wants us
right in the middle of it.

1929
01:34:13,899 --> 01:34:15,192
And?

1930
01:34:15,274 --> 01:34:19,112
And I think that's exactly
where you want us.

1931
01:34:19,195 --> 01:34:21,364
You'll have the pen.

1932
01:34:23,283 --> 01:34:24,826
KRASS: Leadership specified

1933
01:34:24,909 --> 01:34:27,162
that we should redact
anything that could result in

1934
01:34:27,244 --> 01:34:28,913
legal exposure
for officers in the field,

1935
01:34:28,997 --> 01:34:30,916
past or present.

1936
01:34:30,998 --> 01:34:35,045
Basically, if there's
any questions, black it out.

1937
01:34:40,841 --> 01:34:43,011
You see this?

1938
01:34:51,019 --> 01:34:52,604
What the...

1939
01:34:52,686 --> 01:34:54,980
fuck is this?

1940
01:34:56,649 --> 01:34:58,402
(MORRIS TALKING QUIETLY)

1941
01:34:58,484 --> 01:34:59,921
DANIEL:
Good afternoon. Where's Marcy?

1942
01:34:59,944 --> 01:35:01,029
SECRETARY: Conference room.

1943
01:35:01,113 --> 01:35:02,738
MORRIS: Early the next week.

1944
01:35:02,823 --> 01:35:05,033
Wednesday.

1945
01:35:05,117 --> 01:35:06,409
Yeah, that'll work.

1946
01:35:06,493 --> 01:35:09,203
And you get me the agenda.
Thank you.

1947
01:35:11,706 --> 01:35:13,375
Imagine you pick up a book,

1948
01:35:13,457 --> 01:35:16,420
and "blank" turns water
into wine on page 237,

1949
01:35:16,502 --> 01:35:19,296
and on page 71
"blank" heals a leper,

1950
01:35:19,381 --> 01:35:22,676
and on page 295
"blank" rises from the dead.

1951
01:35:22,759 --> 01:35:25,052
How do you know the blanks
are all the same person?

1952
01:35:25,136 --> 01:35:27,721
I thought that the CIA
agreed to using pseudonyms.

1953
01:35:27,805 --> 01:35:30,600
They did, but now even
the fake names are gone.

1954
01:35:30,684 --> 01:35:33,060
And the dates.

1955
01:35:34,979 --> 01:35:36,856
The entire story is gone.

1956
01:35:44,280 --> 01:35:47,199
I hope you took
your strong pills today.

1957
01:35:48,827 --> 01:35:51,454
MCDONOUGH: Isn't it enough
to know what actually happened?

1958
01:35:51,537 --> 01:35:53,998
Do we need to know the names
of the people involved?

1959
01:35:54,082 --> 01:35:55,792
But the actual names
aren't in the report.

1960
01:35:55,876 --> 01:35:57,836
Someone could figure out
who our people are

1961
01:35:57,918 --> 01:35:59,003
based on their pseudonyms.

1962
01:35:59,087 --> 01:36:00,921
You know, I found
a photo of my husband

1963
01:36:01,006 --> 01:36:02,923
on the Internet
linking him to me.

1964
01:36:03,007 --> 01:36:04,467
Secrecy is very hard
to maintain.

1965
01:36:04,551 --> 01:36:06,279
I believe you introduced
your husband publicly

1966
01:36:06,302 --> 01:36:07,636
at your confirmation hearing.

1967
01:36:07,720 --> 01:36:08,721
It was on C-SPAN.

1968
01:36:08,805 --> 01:36:10,265
Some of these people...

1969
01:36:10,347 --> 01:36:12,391
They are out there
in the world, right now.

1970
01:36:12,475 --> 01:36:13,476
Yes, they are.

1971
01:36:13,560 --> 01:36:15,103
There's an officer
from Alec Station

1972
01:36:15,186 --> 01:36:17,229
mentioned 41 times in 500 pages.

1973
01:36:17,314 --> 01:36:19,231
In 1998, her team
missed the bombing

1974
01:36:19,315 --> 01:36:22,027
of the U.S. embassy
in Kenya and Tanzania.

1975
01:36:22,109 --> 01:36:23,403
1999, they missed the bombing

1976
01:36:23,487 --> 01:36:25,238
of the Marriott Hotel
in Islamabad.

1977
01:36:25,322 --> 01:36:28,908
In 2000, she was made aware
of two Al Qaeda operatives

1978
01:36:28,992 --> 01:36:30,743
who arrived in Los Angeles.

1979
01:36:30,827 --> 01:36:32,430
FBI officers, working within
the bin Laden unit,

1980
01:36:32,453 --> 01:36:33,913
requested permission
to investigate.

1981
01:36:33,997 --> 01:36:35,623
That's not how
we want to play it.

1982
01:36:35,707 --> 01:36:38,042
DANIEL: The CIA knew
they were on American soil

1983
01:36:38,126 --> 01:36:39,961
and didn't do anything.

1984
01:36:40,045 --> 01:36:42,296
Al-Mihdhar then left the States
to play a key role

1985
01:36:42,380 --> 01:36:43,923
in the bombing of the USS Cole,

1986
01:36:44,006 --> 01:36:47,010
before returning to hijack
Flight 77 with al-Hazmi

1987
01:36:47,092 --> 01:36:48,677
and crash into the Pentagon.

1988
01:36:48,761 --> 01:36:51,096
FEINSTEIN: And you want to
protect this person's identity.

1989
01:36:51,180 --> 01:36:52,640
KRASS: We'd also like to redact

1990
01:36:52,724 --> 01:36:54,309
the pseudonyms
of the contractors.

1991
01:36:54,391 --> 01:36:58,020
Dr. Mitchell was already quoted
by name in The New Yorker.

1992
01:36:58,104 --> 01:37:00,814
He was handing out brochures
at professional conferences

1993
01:37:00,899 --> 01:37:03,025
telling people
he worked for the CIA.

1994
01:37:03,109 --> 01:37:05,694
If we are protecting
the identities of CIA staff,

1995
01:37:05,779 --> 01:37:08,030
we need to protect
our contractors as well.

1996
01:37:08,113 --> 01:37:10,324
Mitchell and Jessen were given
a contract by the Agency

1997
01:37:10,408 --> 01:37:11,952
for a program that didn't work.

1998
01:37:12,034 --> 01:37:13,755
The CIA also agreed
to a five million dollar

1999
01:37:13,828 --> 01:37:16,706
indemnification clause
for their company that covered,

2000
01:37:16,789 --> 01:37:19,876
among other expenses,
criminal prosecution.

2001
01:37:19,960 --> 01:37:23,337
You know, I kept
the rag we used on KSM.

2002
01:37:23,421 --> 01:37:27,216
You should eBay that bad boy
when this is all over.

2003
01:37:27,300 --> 01:37:30,052
Make a mint. (CHUCKLES SOFTLY)

2004
01:37:30,136 --> 01:37:31,887
DANIEL:
An internal CIA memo concluded

2005
01:37:31,971 --> 01:37:34,724
that Mitchell and Jessen "have
both shown blatant disregard"

2006
01:37:34,807 --> 01:37:38,561
for the ethics shared by almost
all of their colleagues."

2007
01:37:38,645 --> 01:37:41,439
The pseudonyms for
the contractors need to stay.

2008
01:37:41,523 --> 01:37:43,692
(PAGE TURNS)

2009
01:37:43,774 --> 01:37:45,418
MCDONOUGH: Guys, we've been
at this for months.

2010
01:37:45,443 --> 01:37:46,796
DANIEL: What about the
locations of the black sites?

2011
01:37:46,819 --> 01:37:48,238
The country names?

2012
01:37:48,320 --> 01:37:49,548
We made commitments
to those countries

2013
01:37:49,573 --> 01:37:50,782
to maintain their secrecy.

2014
01:37:50,864 --> 01:37:52,242
No country names.

2015
01:37:52,324 --> 01:37:53,827
Not open to negotiating
these points.

2016
01:37:53,909 --> 01:37:56,371
We need to consider
the morale of the CIA here.

2017
01:37:56,453 --> 01:37:57,913
Now, we-we publish this report,

2018
01:37:57,997 --> 01:38:00,457
- there's a very good chance we could lose them.
- Lose them?

2019
01:38:00,542 --> 01:38:02,127
What does that mean?

2020
01:38:02,210 --> 01:38:04,145
What about the morale
of all the people at the Agency

2021
01:38:04,170 --> 01:38:05,480
who spoke out
against the program?

2022
01:38:05,505 --> 01:38:06,840
What about them?

2023
01:38:06,922 --> 01:38:08,925
People who sent cables back
from black sites

2024
01:38:09,009 --> 01:38:10,551
saying they wanted
to be transferred

2025
01:38:10,635 --> 01:38:12,613
because they were disgusted by
what was being done.

2026
01:38:12,636 --> 01:38:13,971
All right, uh, look.

2027
01:38:14,055 --> 01:38:15,974
We have... Dan more than anyone...

2028
01:38:16,056 --> 01:38:18,310
Have worked to uncover
the truth about this

2029
01:38:18,393 --> 01:38:19,644
when no one else would.

2030
01:38:19,728 --> 01:38:21,813
We will not allow this
to be covered up

2031
01:38:21,895 --> 01:38:23,105
by the executive branch.

2032
01:38:23,189 --> 01:38:24,815
President Obama
called it torture.

2033
01:38:24,899 --> 01:38:26,400
Bush and Cheney
wouldn't do that.

2034
01:38:26,484 --> 01:38:30,070
He signed an executive order
getting rid of it.

2035
01:38:30,154 --> 01:38:31,530
Now, just imagine, God forbid,

2036
01:38:31,614 --> 01:38:33,949
there's another
terrorist attack on our watch.

2037
01:38:34,033 --> 01:38:35,909
There won't be another Democrat

2038
01:38:35,993 --> 01:38:38,078
in the White House for 20 years.

2039
01:38:38,162 --> 01:38:40,247
DANIEL: I'd also like
to talk about the redactions

2040
01:38:40,332 --> 01:38:42,417
- concerning KSM.
- (MCDONOUGH SIGHS)

2041
01:38:42,500 --> 01:38:44,877
WOLF BLITZER: Cory Gardner,
the Republican challenger,

2042
01:38:44,961 --> 01:38:46,755
will be the next
United States senator

2043
01:38:46,837 --> 01:38:48,213
from the state of Colorado,

2044
01:38:48,297 --> 01:38:50,884
defeating the Democratic
incumbent, Mark Udall.

2045
01:38:50,966 --> 01:38:53,927
A major, major win
for the Republicans.

2046
01:38:54,011 --> 01:38:56,096
Chris Frates is standing by
in Colorado.

2047
01:38:56,180 --> 01:38:58,350
FRATES: This is huge
for, uh, Colorado, Wolf.

2048
01:38:58,432 --> 01:39:01,478
This is the first time
a Republican has won

2049
01:39:01,560 --> 01:39:04,980
the Senate race state-wide
in Colorado since 2002.

2050
01:39:05,064 --> 01:39:06,649
Big night for Colorado,

2051
01:39:06,733 --> 01:39:09,944
and a big night for control
of the United States Senate.

2052
01:39:12,822 --> 01:39:14,990
She's expecting you.

2053
01:39:15,074 --> 01:39:17,409
FEINSTEIN: So, I just got a call

2054
01:39:17,493 --> 01:39:20,121
from Secretary of State Kerry.

2055
01:39:20,204 --> 01:39:23,248
He thinks that,
with the release of the report,

2056
01:39:23,332 --> 01:39:27,127
that the coalition against ISIL
could collapse.

2057
01:39:27,212 --> 01:39:29,130
Isn't that a bit convenient?

2058
01:39:29,213 --> 01:39:30,840
- He calls you just before...
- Dan.

2059
01:39:30,923 --> 01:39:33,842
Wh-Where did Kerry get
his intel on this? The CIA?

2060
01:39:33,926 --> 01:39:37,137
- Is it credible?
- Embassies could be attacked.

2061
01:39:37,221 --> 01:39:38,806
Hostages could be killed.

2062
01:39:38,890 --> 01:39:40,891
It's just another stall tactic.

2063
01:39:42,519 --> 01:39:45,063
He suggested giving the report
to the president,

2064
01:39:45,145 --> 01:39:48,858
so that it could be released
later, when hostilities cease.

2065
01:39:48,942 --> 01:39:51,819
You lose control of the
committee in a week, Senator.

2066
01:39:51,903 --> 01:39:53,488
Yes, I am aware of what happens

2067
01:39:53,570 --> 01:39:56,282
when the Republicans
are in the majority, Dan.

2068
01:39:57,826 --> 01:40:01,496
Look, I want to get this report
out as much as anyone,

2069
01:40:01,578 --> 01:40:04,582
but I have known him
a long time.

2070
01:40:04,666 --> 01:40:06,000
I tend to believe him.

2071
01:40:06,083 --> 01:40:07,752
Nobody else is gonna
tell this story.

2072
01:40:07,836 --> 01:40:09,313
- MORRIS: Dan, the senator has a luncheon.
- If we stop now,

2073
01:40:09,337 --> 01:40:10,713
aren't we a part
of the cover-up?

2074
01:40:10,796 --> 01:40:12,756
Strong pills, Senator?

2075
01:40:21,349 --> 01:40:24,935
I think you should go home
and get some rest.

2076
01:40:25,019 --> 01:40:26,729
You look tired.

2077
01:40:26,813 --> 01:40:31,109
(SIGHS) Marcy, if I could
have five minutes.

2078
01:40:31,192 --> 01:40:33,153
MORRIS: Of course.

2079
01:41:05,726 --> 01:41:07,936
(MEN TALKING QUIETLY)

2080
01:41:44,890 --> 01:41:46,684
(DOORS UNLOCK)

2081
01:42:11,667 --> 01:42:14,837
Did you ever meet a guy
called Greg Craig?

2082
01:42:16,463 --> 01:42:19,384
Just in pa... White House
counsel when Obama took office?

2083
01:42:19,466 --> 01:42:21,927
- Just in passing.
- Right.

2084
01:42:22,011 --> 01:42:26,224
So, right after he got elected,
the president asked Craig

2085
01:42:26,306 --> 01:42:28,225
to come up with a plan
to deal with

2086
01:42:28,309 --> 01:42:29,894
the aftermath
of the torture program.

2087
01:42:29,978 --> 01:42:33,689
So, he got Secretary of Defense
Gates, Janet Napolitano,

2088
01:42:33,773 --> 01:42:35,942
Hillary Clinton...
Serious people... in a room,

2089
01:42:36,024 --> 01:42:39,444
and he asked for
their recommendation.

2090
01:42:39,529 --> 01:42:42,739
- And?
- A-And the consensus

2091
01:42:42,823 --> 01:42:44,783
was that the president
should appoint

2092
01:42:44,868 --> 01:42:46,618
an independent
bipartisan commission

2093
01:42:46,703 --> 01:42:48,787
into interrogations
and detainee treatment,

2094
01:42:48,872 --> 01:42:51,623
like a deep dive into
what worked and what didn't

2095
01:42:51,707 --> 01:42:54,918
and... who was responsible.

2096
01:42:55,002 --> 01:42:56,921
You know, like what they did
after 9/11,

2097
01:42:57,005 --> 01:43:00,007
and like what you've been
trying to do.

2098
01:43:00,091 --> 01:43:01,676
So why didn't they do that?

2099
01:43:01,759 --> 01:43:04,804
Well, evidently,
the president listened closely

2100
01:43:04,887 --> 01:43:06,597
to the recommendation.

2101
01:43:06,680 --> 01:43:10,726
He then thought about it,
and then he said no.

2102
01:43:10,810 --> 01:43:15,023
He'd spent an entire campaign
saying he was post-partisan,

2103
01:43:15,105 --> 01:43:17,233
so going after
the Bush administration

2104
01:43:17,317 --> 01:43:19,527
flew in the face of all that.

2105
01:43:19,610 --> 01:43:24,239
And right then, everyone in
that room changed their minds.

2106
01:43:24,323 --> 01:43:28,619
THEY SIDED WITH THE PRESIDENT:
no independent commission.

2107
01:43:28,703 --> 01:43:31,413
Everyone except Craig,

2108
01:43:31,497 --> 01:43:34,876
because he thought
it was too important.

2109
01:43:34,958 --> 01:43:36,836
You couldn't just
torture people,

2110
01:43:36,920 --> 01:43:40,923
lie about it,
and then hide it from history.

2111
01:43:41,006 --> 01:43:44,010
A few months later,
Craig was gone,

2112
01:43:44,092 --> 01:43:47,095
and this mess
wound up with the Senate.

2113
01:43:47,180 --> 01:43:48,931
And you.

2114
01:43:49,015 --> 01:43:51,475
Well, the president must have
known that, by doing that,

2115
01:43:51,559 --> 01:43:53,353
he was making it
next to impossible.

2116
01:43:53,435 --> 01:43:55,979
Uh, he came from the Senate.

2117
01:43:56,064 --> 01:43:59,024
Dan, they sent you off
to build a boat,

2118
01:43:59,108 --> 01:44:01,194
but they had no intention
of sailing it.

2119
01:44:01,277 --> 01:44:05,155
They probably didn't think
you'd get as far as you did.

2120
01:44:06,949 --> 01:44:09,284
(CAR DOORS CLOSING IN DISTANCE)

2121
01:44:09,368 --> 01:44:11,244
Let me ask you a question.

2122
01:44:11,328 --> 01:44:15,041
If the CIA knew
that torture didn't work,

2123
01:44:15,123 --> 01:44:17,251
why did they continue to do it?

2124
01:44:19,002 --> 01:44:21,381
After 9/11,
everyone was scared...

2125
01:44:21,463 --> 01:44:23,507
(ENGINE STARTS IN DISTANCE)

2126
01:44:23,591 --> 01:44:25,092
scared it might happen again,

2127
01:44:25,176 --> 01:44:27,427
and the CIA would be blamed
if it did.

2128
01:44:27,511 --> 01:44:29,262
Or maybe they were ashamed.

2129
01:44:29,346 --> 01:44:31,224
You know, how come
the most sophisticated

2130
01:44:31,306 --> 01:44:33,434
intelligence organization
on Earth

2131
01:44:33,518 --> 01:44:35,853
couldn't keep
its own people safe?

2132
01:44:35,936 --> 01:44:38,689
But fear and shame don't make
for better policy decisions,

2133
01:44:38,773 --> 01:44:40,649
and the fact that
the people who we captured

2134
01:44:40,733 --> 01:44:42,985
didn't look like us or
believe the same things we do

2135
01:44:43,069 --> 01:44:45,404
made it that much easier
to do the things we did.

2136
01:44:45,488 --> 01:44:46,863
So once the CIA program started,

2137
01:44:46,948 --> 01:44:48,384
they had to keep
telling people it worked,

2138
01:44:48,408 --> 01:44:49,492
even if it wasn't true.

2139
01:44:49,574 --> 01:44:50,952
Their own position was that

2140
01:44:51,034 --> 01:44:53,412
if it didn't work,
it was illegal.

2141
01:44:53,496 --> 01:44:55,707
So they misrepresented
the results.

2142
01:45:08,094 --> 01:45:13,432
If we had your report,
we would print it tomorrow.

2143
01:45:13,515 --> 01:45:14,850
All of it.

2144
01:45:16,226 --> 01:45:17,770
The senator said
she would release

2145
01:45:17,854 --> 01:45:19,939
- a summary of the report.
- Really?

2146
01:45:20,023 --> 01:45:22,190
Over the objections of the CIA
and the White House?

2147
01:45:22,274 --> 01:45:23,543
You really think
that's gonna happen?

2148
01:45:23,568 --> 01:45:25,360
If I gave it to you,
what would happen?

2149
01:45:30,783 --> 01:45:32,743
(SIGHS)

2150
01:45:32,827 --> 01:45:34,703
Some people will think
you're a hero,

2151
01:45:34,787 --> 01:45:36,622
and some will probably think
you're a traitor.

2152
01:45:36,706 --> 01:45:39,500
Look at Edward Snowden.

2153
01:45:48,842 --> 01:45:50,552
No. If it's gonna come out,

2154
01:45:50,636 --> 01:45:52,471
it's gonna come out
the right way.

2155
01:45:52,555 --> 01:45:54,849
What if it doesn't?

2156
01:45:54,931 --> 01:45:57,143
Then I didn't do my job.

2157
01:45:59,936 --> 01:46:01,146
I'm sorry.

2158
01:46:02,731 --> 01:46:04,108
Sorry.

2159
01:46:04,192 --> 01:46:06,569
(DOOR CLOSES)

2160
01:46:10,073 --> 01:46:12,240
(LOCK CLICKING)

2161
01:46:42,229 --> 01:46:44,606
(PHONE CLICKING)

2162
01:46:50,947 --> 01:46:52,823
MCDONOUGH: So, with
the Affordable Care Act

2163
01:46:52,907 --> 01:46:54,867
behind us, the president
would like to begin

2164
01:46:54,951 --> 01:46:57,369
a serious discussion
about immigration reform.

2165
01:46:57,453 --> 01:46:59,454
Now, obviously
we've had some setbacks

2166
01:46:59,538 --> 01:47:01,498
in both the House
and the Senate,

2167
01:47:01,582 --> 01:47:05,502
uh, so strategy has become
paramount... unity as well.

2168
01:47:05,586 --> 01:47:08,131
So, we would like to, uh,
really start talking about...

2169
01:47:08,213 --> 01:47:10,048
Excuse me, Mr. McDonough.

2170
01:47:10,132 --> 01:47:12,551
I would like to discuss
the report on the CIA

2171
01:47:12,635 --> 01:47:14,095
and the White House's position.

2172
01:47:14,177 --> 01:47:16,764
That's not the topic
of this particular caucus.

2173
01:47:16,847 --> 01:47:18,932
Uh, the president
would like to discuss...

2174
01:47:19,015 --> 01:47:21,435
HEINRICH: Our country
did things the Nazis did,

2175
01:47:21,519 --> 01:47:23,938
things that made us
condemn other regimes.

2176
01:47:24,020 --> 01:47:26,731
And the position
of this administration

2177
01:47:26,815 --> 01:47:28,317
is to suppress this information,

2178
01:47:28,400 --> 01:47:30,278
to keep the people
who did these things safe?

2179
01:47:30,360 --> 01:47:32,195
I can assure you that is not

2180
01:47:32,279 --> 01:47:34,532
the position of
this administration, Senator.

2181
01:47:34,614 --> 01:47:36,576
ROCKEFELLER:
You worked with John Brennan

2182
01:47:36,658 --> 01:47:38,286
at the
National Security Council.

2183
01:47:38,368 --> 01:47:41,079
Now, I understand that Brennan
gave this president

2184
01:47:41,163 --> 01:47:43,373
his first security briefing
when he took office.

2185
01:47:43,457 --> 01:47:45,542
And now CIA Director Brennan

2186
01:47:45,626 --> 01:47:48,712
is working closely with the
president on the drone program.

2187
01:47:48,796 --> 01:47:50,381
(CHUCKLES SOFTLY)
You know, it's funny.

2188
01:47:50,463 --> 01:47:52,132
Every time I go over to the CIA,

2189
01:47:52,216 --> 01:47:53,819
they claim I'm doing
the Senate's bidding,

2190
01:47:53,842 --> 01:47:55,136
and every time I come here,

2191
01:47:55,219 --> 01:47:56,654
you claim I'm doing
the CIA's bidding.

2192
01:47:56,679 --> 01:47:59,974
I only have a few days left
in my term here,

2193
01:48:00,056 --> 01:48:04,436
and if there isn't a plan to
release the report before I go,

2194
01:48:04,520 --> 01:48:07,105
I'm prepared to read it
on the floor of the Senate.

2195
01:48:07,189 --> 01:48:08,649
And either the White House

2196
01:48:08,733 --> 01:48:10,650
or the Republicans
will have to stop me.

2197
01:48:10,734 --> 01:48:12,171
MCDONOUGH:
What would you have us do?

2198
01:48:12,194 --> 01:48:13,713
Now, we go after
Bush and Cheney on this,

2199
01:48:13,738 --> 01:48:15,488
what's to prevent
the Republicans

2200
01:48:15,573 --> 01:48:19,368
from coming back at us and
trying to repeal health care?

2201
01:48:19,452 --> 01:48:22,204
Uh, we go after the CIA,
uh, maybe they say,

2202
01:48:22,287 --> 01:48:25,248
"Okay, well, immigration reform
is off the table."

2203
01:48:25,332 --> 01:48:27,251
Maybe it's gun control.

2204
01:48:27,335 --> 01:48:32,340
Now, democracy is messy...
but let's just think

2205
01:48:32,422 --> 01:48:35,134
how many countries
there are in the world

2206
01:48:35,217 --> 01:48:37,261
where a report like this
could even get done.

2207
01:48:37,345 --> 01:48:40,347
(QUIET MURMURING)

2208
01:48:41,974 --> 01:48:43,935
I would like us to be more than

2209
01:48:44,018 --> 01:48:45,560
the country that did the report.

2210
01:48:45,645 --> 01:48:48,314
I'd like us to be the country
that made it public.

2211
01:48:48,396 --> 01:48:52,025
And that is what I intend
to see happen.

2212
01:48:52,109 --> 01:48:53,985
MAN: I yield the floor

2213
01:48:54,069 --> 01:48:57,530
to the senior senator
from California.

2214
01:48:57,614 --> 01:48:59,742
(QUIET MURMURING)

2215
01:49:11,295 --> 01:49:13,213
Over the past six years,

2216
01:49:13,296 --> 01:49:17,051
a small team of investigators
pored over more than

2217
01:49:17,134 --> 01:49:21,555
6.3 million pages of CIA records

2218
01:49:21,639 --> 01:49:23,890
to complete this report.

2219
01:49:23,975 --> 01:49:27,936
It shows that
the CIA's actions a decade ago

2220
01:49:28,020 --> 01:49:31,731
are a stain on our values
and on our history.

2221
01:49:31,815 --> 01:49:35,235
The release of
this 500-page summary

2222
01:49:35,319 --> 01:49:37,238
cannot remove that stain,

2223
01:49:37,320 --> 01:49:41,742
but it can and does say
to our people and the world

2224
01:49:41,826 --> 01:49:45,662
that America is big enough
to admit when it's wrong

2225
01:49:45,746 --> 01:49:49,792
and confident enough
to learn from its mistakes.

2226
01:49:49,875 --> 01:49:53,087
Releasing this report is
an important step toward

2227
01:49:53,170 --> 01:49:56,506
restoring our values
and showing the world

2228
01:49:56,590 --> 01:50:01,052
that we are, in fact,
a just and lawful society.

2229
01:50:01,136 --> 01:50:05,515
There are those who will
seize upon the report and say,

2230
01:50:05,599 --> 01:50:08,310
"See what the Americans did?"

2231
01:50:08,394 --> 01:50:10,020
And they will try to use it

2232
01:50:10,104 --> 01:50:13,733
to justify evil actions
or to incite more violence.

2233
01:50:13,815 --> 01:50:17,360
We cannot prevent that.

2234
01:50:17,444 --> 01:50:19,363
But history will judge us

2235
01:50:19,447 --> 01:50:24,118
by our commitment to
a just society governed by law

2236
01:50:24,201 --> 01:50:27,454
and the willingness
to face an ugly truth

2237
01:50:27,537 --> 01:50:31,125
and say "never again."

2238
01:50:31,207 --> 01:50:32,626
Thank you.

2239
01:50:32,710 --> 01:50:36,588
I now yield the floor
to the senator from Arizona.

2240
01:50:38,423 --> 01:50:40,634
JOHN MCCAIN (OVER TV):
What might come as a surprise

2241
01:50:40,717 --> 01:50:44,180
is how little these practices
did to aid our efforts to bring

2242
01:50:44,262 --> 01:50:47,390
9/11 culprits to justice
and to find and prevent

2243
01:50:47,475 --> 01:50:50,226
terrorist attacks
today and tomorrow.

2244
01:50:50,310 --> 01:50:52,063
That could be a real surprise,

2245
01:50:52,145 --> 01:50:54,731
since it contradicts
the many assurances

2246
01:50:54,814 --> 01:50:57,025
provided by
intelligence officials,

2247
01:50:57,109 --> 01:50:59,069
on the record and in private,

2248
01:50:59,153 --> 01:51:02,864
that enhanced interrogation
techniques were indispensable

2249
01:51:02,948 --> 01:51:04,867
in the war against terrorism.

2250
01:51:04,949 --> 01:51:08,371
I think it's an insult to
the many intelligence officers

2251
01:51:08,453 --> 01:51:10,372
who have acquired
good intelligence

2252
01:51:10,456 --> 01:51:12,541
without hurting
or degrading prisoners

2253
01:51:12,625 --> 01:51:16,462
to assert we can't win this war
without such methods.

2254
01:51:16,545 --> 01:51:19,547
Yes, we can, and we will.

2255
01:51:19,631 --> 01:51:21,759
But in the end,

2256
01:51:21,841 --> 01:51:24,427
torture's failure to serve
its intended purpose

2257
01:51:24,511 --> 01:51:27,806
isn't the main reason
to oppose its use.

2258
01:51:27,890 --> 01:51:32,770
This question isn't about
our enemies; it's about us.

2259
01:51:32,853 --> 01:51:38,192
It's about who we were, who we
are, and who we aspire to be.

2260
01:51:38,274 --> 01:51:42,279
It's about how we represent
ourselves to the world.

2261
01:51:42,363 --> 01:51:45,157
Our enemies act
without conscience.

2262
01:51:45,240 --> 01:51:47,201
We must not.

2263
01:51:49,578 --> 01:51:51,722
RACHEL MADDOW (OVER TV):
Senator Dianne Feinstein today

2264
01:51:51,747 --> 01:51:54,500
- exposed the CIA's now extinct
- (TYPING)

2265
01:51:54,582 --> 01:51:56,918
enhanced interrogation
techniques.

2266
01:51:57,002 --> 01:51:58,587
The thing that strikes me about

2267
01:51:58,671 --> 01:52:00,046
what the Senate
was doing today...

2268
01:52:00,131 --> 01:52:02,006
Dianne Feinstein,
Jay Rockefeller...

2269
01:52:02,091 --> 01:52:03,842
Is they were doing
everything they can

2270
01:52:03,926 --> 01:52:06,554
to make sure
this doesn't happen again.

2271
01:52:06,636 --> 01:52:08,721
Because by going public
like this...

2272
01:52:08,805 --> 01:52:10,890
Dan.

2273
01:52:10,975 --> 01:52:12,475
You did well.

2274
01:52:12,560 --> 01:52:14,310
Thank you.

2275
01:52:15,020 --> 01:52:16,689
Thank you.

2276
01:52:16,771 --> 01:52:20,484
MADDOW: "We're gonna be on you
if you try to do this."

2277
01:52:23,612 --> 01:52:25,948
(BIRDS CHIRPING)

2278
01:55:51,069 --> 01:55:54,405
("SO AMERICAN" BY
PORTUGAL. THE MAN PLAYING)

2279
01:56:07,795 --> 01:56:11,047
<i>♪ If pain was a color
to paint on you ♪</i>

2280
01:56:11,131 --> 01:56:14,092
<i>♪ Your heart would be
the color blue ♪</i>

2281
01:56:14,176 --> 01:56:18,055
<i>♪ Be a gradient from there
until your body met your hair ♪</i>

2282
01:56:18,137 --> 01:56:19,681
<i>♪ Which remained a silver ♪</i>

2283
01:56:19,765 --> 01:56:22,893
<i>♪ You are the one
they call Jesus Christ ♪</i>

2284
01:56:22,975 --> 01:56:25,938
<i>♪ Who didn't know
no rock and roll ♪</i>

2285
01:56:26,020 --> 01:56:29,483
<i>♪ Just a mission and a gun
to paint rainbows in Vietnam ♪</i>

2286
01:56:29,565 --> 01:56:31,402
<i>♪ And a heart
that always told you ♪</i>

2287
01:56:31,484 --> 01:56:33,904
<i>♪ There's a madness in us all ♪</i>

2288
01:56:34,904 --> 01:56:38,117
<i>♪ There's a madness in us all ♪</i>

2289
01:56:38,199 --> 01:56:41,869
<i>♪ So who wrote the rules?
Who wrote the rules? ♪</i>

2290
01:56:41,953 --> 01:56:43,747
<i>♪ Who wrote the rules? ♪</i>

2291
01:56:43,831 --> 01:56:48,001
<i>♪ They said every one of you
will never try to lend a hand ♪</i>

2292
01:56:48,085 --> 01:56:51,880
<i>♪ When the policemen
don't understand ♪</i>

2293
01:56:51,963 --> 01:56:57,176
<i>♪ Boys, all you boys,
think it's so American ♪</i>

2294
01:56:58,804 --> 01:57:04,184
<i>♪ Girls, all you girls,
yeah, you're so American ♪</i>

2295
01:57:07,895 --> 01:57:10,815
<i>♪ He may not be
born of this land ♪</i>

2296
01:57:10,899 --> 01:57:13,902
<i>♪ But he was born
of this world ♪</i>

2297
01:57:13,985 --> 01:57:15,779
<i>♪ He was born
of all the mothers ♪</i>

2298
01:57:15,863 --> 01:57:17,488
<i>♪ And the colors
of our brothers ♪</i>

2299
01:57:17,573 --> 01:57:19,533
<i>♪ And the love
that was started ♪</i>

2300
01:57:19,615 --> 01:57:22,618
<i>♪ You are the one
they call Jesus Christ ♪</i>

2301
01:57:22,703 --> 01:57:25,747
<i>♪ Who may not know
no rock and roll ♪</i>

2302
01:57:25,831 --> 01:57:27,582
<i>♪ And there may not be
a Heaven ♪</i>

2303
01:57:27,666 --> 01:57:29,417
<i>♪ Or a place
of which to send you ♪</i>

2304
01:57:29,501 --> 01:57:30,961
<i>♪ But you know in the end ♪</i>

2305
01:57:31,043 --> 01:57:33,588
<i>♪ There's madness in us all ♪</i>

2306
01:57:34,590 --> 01:57:36,966
<i>♪ There's a madness in us all ♪</i>

2307
01:57:37,967 --> 01:57:40,261
<i>♪ There's a madness in us all ♪</i>

2308
01:57:41,262 --> 01:57:44,600
<i>♪ There's a madness in us all ♪</i>

2309
01:57:44,682 --> 01:57:48,311
<i>♪ So who wrote the rules?
Who wrote the rules? ♪</i>

2310
01:57:48,395 --> 01:57:50,314
<i>♪ Who wrote the rules? ♪</i>

2311
01:57:50,396 --> 01:57:54,568
<i>♪ They said every one of you
will never try to lend a hand ♪</i>

2312
01:57:54,650 --> 01:57:58,447
<i>♪ When the policemen
don't understand ♪</i>

2313
01:57:58,529 --> 01:58:03,743
<i>♪ Boys, all you boys,
think it's so American ♪</i>

2314
01:58:05,369 --> 01:58:10,751
<i>♪ Girls, all you girls,
yeah, you're so American ♪</i>

2315
01:58:12,211 --> 01:58:14,796
<i>♪ There's two eyes
for every one of us ♪</i>

2316
01:58:14,880 --> 01:58:18,841
<i>♪ But somebody got there first
and took them all ♪</i>

2317
01:58:18,926 --> 01:58:21,595
<i>♪ There's two eyes
for every one of us ♪</i>

2318
01:58:21,677 --> 01:58:24,806
<i>♪ But somebody got there first
and took them all ♪</i>

2319
01:58:39,320 --> 01:58:44,368
<i>♪ Man, oh, man,
you think it's so American ♪</i>

2320
01:58:46,078 --> 01:58:51,123
<i>♪ Man, oh, man,
yeah, you're so American ♪</i>

2321
01:58:52,876 --> 01:58:57,840
<i>♪ Man, oh, man,
you think it's so American ♪</i>

2322
01:58:59,550 --> 01:59:04,595
<i>♪ Man, oh, man,
yeah, you're so American ♪</i>

2323
01:59:06,139 --> 01:59:08,516
<i>♪ There's two eyes
for every one of us ♪</i>

2324
01:59:08,600 --> 01:59:12,563
<i>♪ But somebody got there first
and took them all ♪</i>

2325
01:59:12,645 --> 01:59:15,274
<i>♪ There's two eyes
for every one of us ♪</i>

2326
01:59:15,356 --> 01:59:18,777
<i>♪ But somebody got there first
and took them all. ♪</i>

2327
01:59:21,613 --> 01:59:23,782
(MUSIC ENDS)