WASHINGTON — A CIA officer who oversaw the agency's interrogation program at the Abu Ghraib prison in Iraq and pushed for approval to use increasingly harsh tactics has come under scrutiny in a federal war crimes investigation involving the death of a prisoner, the Associated Press reports.
Steve Stormoen, who is now retired from the CIA, supervised an unofficial program in which the CIA imprisoned and interrogated men without entering their names in the Army's books.
The so-called "ghosting" program was unsanctioned by CIA headquarters. In fact, in early 2003, CIA attorneys expressly prohibited the agency from running its own interrogations, current and former intelligence officials said, according to AP.
The attorneys said agency officers could be present during military interrogations and add their expertise, but, under the laws of war, the military must always have the lead.
Yet, in November 2003, CIA officers brought a prisoner, Manadel al-Jamadi, to Abu Ghraib and, instead of turning him over to the Army, took him to a shower stall. They put a sandbag over his head, handcuffed him behind his back and chained his arms to a barred window. When he leaned forward, his arms stretched painfully behind and above his back.
The CIA interrogated al-Jamadi alone. Within an hour, he was dead.
The instructions from CIA attorneys could become an important element of the inquiry into al-Jamadi's death. Though it's not required for prosecutors to show that someone knew such interrogations were against the rules, it's still valuable evidence, said David Crane, a Syracuse law professor and former war crimes prosecutor. The instructions also undercut the argument that the CIA officers were simply following rules laid out by their superiors.
"The government can say, 'He was told not to, and he went ahead and did it anyways,' " Crane said.
According to the AP report, two witnesses who testified before a grand jury in Virginia said they were asked about Stormoen's role at the prison and his whereabouts when al-Jamadi died. AP said the witnesses and officials agreed to discuss the case only on condition of anonymity.
Stormoen, whose identity is no longer classified, did not return numerous messages seeking comment. His attorney also declined to comment.
CIA spokesman George Little had no comment on the inquiry.
Though President George W. Bush's administration allowed the CIA to interrogate terrorism suspects in secret overseas prisons, that authorization did not apply in Iraq.
CIA attorneys determined that, as a traditional war zone, Iraq fell under the Geneva Convention rules of war. That meant prisoners had to be documented and treated without cruelty, with access to medical attention.
Tactics such as waterboarding and sleep deprivation, which the CIA used in other overseas prisons, were prohibited at Abu Ghraib without prior approval.
In video conferences with headquarters, Stormoen and other officers in Iraq repeatedly asked for permission to use harsher techniques, but that permission was never granted, AP said one former senior intelligence official recalled.
AP reported that current and former officials say the CIA officers at Abu Ghraib saw ambiguity in the rules, believing they could interrogate detainees before they were formally processed into the military prison. That grey area could last several days or longer.
Military investigators said the informal nature of the CIA's ghosting program contributed to a sense that the rules didn't apply at the prison.
At the time, the CIA's station in Baghdad, which was in charge of overseeing agency operations at the prison, was in such disarray that its top two officers were pulled out for mismanagement. An internal CIA inquiry did not single out any officer as responsible for al-Jamadi's death, and no one has been charged.
A military autopsy labeled the death a homicide. Doctors said al-Jamadi died from a combination of factors: injuries he received while being captured by Navy SEALs and breathing difficulties caused by a lung injury and made worse by having a sandbag over his head.
Shortly after al-Jamadi's death, senior CIA officials once again circulated the rules. In January 2004, the agency sent a blunt memo flatly ordering agency officials to stop all interrogations, officials said.
Al-Jamadi's death has twice been reviewed by the Justice Department and prosecutors have declined to bring charges.
Attorney General Eric Holder has appointed a new prosecutor, John Durham, to investigate CIA interrogation tactics. Durham is now re-investigating the al-Jamadi death, and Holder said the investigation has uncovered new information, though he did not say what it was.
Prosecutions for torture and war crimes are rare in the United States. There is no statute of limitations on war crimes if a death is involved.