GUANTÁNAMO BAY, Cuba — In the torturous history of the U.S. government’s black sites, the FBI has long been portrayed as acting with a strong moral compass. Its agents, disgusted with the violence they saw at a secret CIA prison in Thailand, walked out, enabling the bureau to later deploy “clean teams” untainted by torture to interrogate the five men accused of conspiring in the attacks of Sept. 11, 2001.
A veteran Guantánamo prosecutor, Jeffrey D. Groharing, has called the FBI interrogations “the most critical evidence in this case.” Defense lawyers argue that the interrogations were tainted by the years of torture by U.S. government agents. Trivett offered no precise time period but made clear that the FBI agents were absorbed by the CIA sometime between 2002, when the black sites were established, and September 2006. On their return to the FBI, they took on the status of CIA assets, he said, and so their identities are classified.
A former CIA historian, Nicholas Dujmovic, said there was a precedent for “taking employees from another government agency and quickly making them CIA employees for specific functions.” The pretrial hearings are in their ninth year and the military judge, Col. Matthew N. McCall of the Air Force, is the fourth judge to hear testimony at Guantánamo. In arguing over potential trial evidence, the prisoners’ lawyers have repeatedly accused prosecutors of redacting information that the defense needs to prepare for the capital trial.
Connell had earlier received a version of the same cable from prosecutors. But it was so redacted that it obscured the fact that the FBI wanted Mohammed and the other defendants questioned in the black sites.
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