UNCLASSIFIED

CIA Headquarters directed the CIA Stati~think big" about how CIA
Headquarters could support Country I's _ . 8 4 3 After the Station initially
submitted relatively modest proposals, CIA Headquarters reiterated the directive, adding that the
Station sh~"wish list."844~003, the Station proposed a more expansive
million in _
subsidies. 845 _
subsidy payments, intended in part as
~tion for support of the CIA detention program, rose as high as
million. 846 By
_
2003, after an extension of five months beyond the originally agreed upon timeframe
for concluding CIA detention activities in Country both bin al-Shibh and al-Nashiri had been
transferred out of Country I to the CIA detention facility at Guantanamo Bay, Cuba. 847

$11

$11

I,

9. U.S. Suprem,e Court Action in the Case of Rasul v. Bush Forces Transfer of CIA
Detainees from Guantanamo Bay to Country

I

(
) Beginning in September 2003, the CIA held a number of detainees
at CIA facilities on the grounds of, but separate from, the U.S. military detention facilities at
Guantanamo Bay, Cuba. 848 In early January 2004, the CIA and the Department of Justice began
discussing the possibility that a pending U.S. Supreme Court case, Rasul v. Bush, might grant
habeas corpus rights to the five CIA detainees then being held at a CIA detention facility at

_
although CIA Headquarters asked the CIA Station to "advise if additional funds may be needed to
keep [the facility] viable over the coming year and beyond." CIA Headquarters added, "we cannot have enough
blacksite hosts, and we are loathe to let one we have slip away.~hosted CIA detainees. See
• •i f A R ; [REDACTEDj5298 ~ HEADQUAR _ _
843 ALEC _
03). In an interview on the CIA program,
noted that the
program had "more money than we could possibl s end we tho~ht, and it turned out to be accurate." In the same
$.,000,000
interview, he stated that "in one case, we ave
. M self and Jose [Rodriguez]
. We never counted it. I'm not about to count
that kind of mon~for a receipt." The boxes contained one hundred dollar bills. _ d i d l'lQLidentify the
recipient of the
million. See transcript of Oral History Interview, I n t e r v i e w e e _ (RJ) - October
13,2006, Interviewer: [REDACTED] and [REDACTED].
844 ALEC
03
845 ALEC
846 See DTS #2010-2448.
847 [REDACTED] 2498
848 April
2003, Memorandum for Director, Del Counterterrorist Center, from
,Chief
Renditions and Detainees Grou ,via
, Counterterrorist Center, Chief of Operations, _
,Subjec~~Value Detainees to an Interim
_
, Chief,
Detention Facility at Guantanamo. See also DIRECTOR _ _. CIA detainees were held at
two facilities at Guantanamo Bay, DETENTION SITE MAROON and DETENTION SITE INDIGO. (See
Quarterly Review of Confinement Conditions for CIA Detainees, Covera e Period:
.) A third
CIA detention facilit • DETENTION SITE RED

$.

II

II,

3445
;
9754
;
8405
8408
and September 1, 2006, Memorandum of Agreement Between the Department of Defense (DOD) and the Central
Intelligence Agency (CIA) Concerning the Detention by DOD of Certain Terrorists at a Facility at Guantanamo Bay
Naval Station.

Page 140 of 499

UNCLASSIFIED

 UNCLASSIFIED

Guantanamo Bay.849 Shortly after these discussions, CIA officers approached the
in Country to deternline if it would again be willing to host these CIA detainees, who would
2004, the
remain in CIA custody within an already existing Country facility.8so By January
in Country had agreed to this arrangement for a limited period of time. 851

I

I

I

II,

(
) Meanwhile, CIA General Counsel Scott Muller asked the
Depaltment of Justice, the National Security Council, and the White House Counsel for advice
on whether the five CIA detainees being held at Guantanamo Bay should remain at Guantanamo
Bay or be moved pending the Supreme Court's decision. 852 After consultation with the U.S.
solicitor general in February 2004, the Department of Justice recommended that the CIA move
four detainees out of a CIA detention facility at Guantanamo Bay pending the Supreme Court's
resolution of the case. 853 The Department of Justice concluded that a fifth detainee, Ibn Shaykh
al-Libi, did not need to be transferred because he had originally been detained under military
2004, all five CIA
authority and had been declared to the ICRC. 854 Nonetheless, by April
detainees were transferred from Guantanamo Bay to other CIA detention facilities. 855

II,

In.

) Shortly after placing CIA detainees within an already eXistini
facility for a second time, tensions arose between the CIA and _
Country
.856
2004, CIA detainees in a Count
facilit· claimed to hear cries of
pain from other detainees presumed to be in the
facility.857 When the CIA chief of Station approached the
849 Email from: Scott W. Muller; to:
, [REDACTED]; cc: [REDACTED]; subject: Detainees in
Gitmo; date: January 1,2004.
850 See HEADQUARTERS _
; [REDACTED] 1845
. The CIA's longterm facility in Country which the CIA Station in C o _ d was a drain on the Station's resources,
had not yet been completed. See [REDACTED] 1 7 8 5 _ .
851 [REDACTED] 1679
852 Email from: Scott Muller; to: James Pavitt, ~ge Tenet, John McLaughlin, [REDACTED],
[REDACTED],
, [REDACTEI)~; subject: CIA Detainees at GITMO; date:
February 2004.
853 EmaiJ from: Scott Muller; to: James Pavitt, _ S f : ~'ge Tenet, John McLaughlin, [REDACTED],
[REDACTED],
, [REDACTED~; subject: CIA Detainees at GITMO; date:
February 2004.
854 Email from: Scott Muller; to: James Pavitt,
; cc: George Tenet, John McLaugWin, [REDACTED],
[REDACTED],
, [REDACTED],
; sub'ect: CIA Detainees at GITMO; date:
Februar , 2004.

I,

I,

I,

[REDACTED] 1898
See, for example, [REDACTED] 1679
. For additional details of the CIA's interactions with
Country see Volume I.
857 Among the detainees making this claim was Ibn Shaykh al-Libi, who had previously been rendered from CIA
custody to
. A Libyan national, Ibn Shaykh aI-Ubi repOlied while in ~ustody that Iraq
was supporting al-Qa'ida and providing assistance with chemical and biological weapons. Some of this information
was cited by Secretary Powell in his speech to the United Nations, and was used as a justification for the 2003
invasion of Iraq. Ibn Shaykh al-Libi recanted the claim after he was rendered to CIA custody on February 2003,
claiming that he had been tortured by the
, and only told them what he assessed they wanted to hear. For
more details, see Volume III. While in Countr , al-Libi told CIA debriefers that the "sobbing and yelling" he
856

I,

I,

Page 141 of 499

UNCLASSIFIED