© Reuters / Luke Macgregor



Donald Rumsfeld said he was "if not the number two, very close to the number two person" in Al Qaeda.

The Central Intelligence Agency informed Assistant Attorney General Jay Bybee that he "served as Usama Bin Laden's senior lieutenant. In that capacity, he has managed a network of training camps.... He also acted as al-Qaeda's coordinator of external contacts and foreign communications."

CIA Director Michael Hayden would tell the press in 2008 that 25 percent of all the information his agency had gathered about Al Qaeda from human sources "originated" with one other detainee and him.

George W. Bush would use his case to justify the CIA's "enhanced interrogation program," claiming that "he had run a terrorist camp in Afghanistan where some of the 9/11 hijackers trained" and that "he helped smuggle al-Qaeda leaders out of Afghanistan" so they would not be captured by US military forces.

EXPERIMENTS IN TORTURE

TORTURED AND CIRCULAR REASONING

Khaldan Not Affiliated With Al-Qa'ida. A common misperception in outside articles is that Khaldan camp was run by al-Qa'ida. Pre-11 September 2001 reporting miscast Abu Zubaydah as a 'senior al-Qa'ida lieutenant,' which led to the inference that the Khaldan camp he was administering was tied to Usama bin Laden.

CHARGES WITHDRAWN

T﻿he allegations against the man were serious indeed.None of it was true So who was this infamous figure, and where is he now? His name is Zayn al-Abidin Muhammad Husayn, but he is better known by his Arabic nickname, Abu Zubaydah. And as far as we know, he is still in solitary detention in Guantánamo.A Saudi national, in the 1980s Zubaydah helped run the Khaldan camp, a mujahedeen training facility set up in Afghanistan with CIA help during the Soviet occupation of that country. In other words, Zubaydah was then an American ally in the fight against the Soviets, one of President Ronald Reagan's " freedom fighters ." (But then again, so in effect was Osama bin Laden.)Zubaydah's later fate in the hands of the CIA was of a far grimmer nature. HZubaydah's story is—or at least should be—the iconic tale of the illegal extremes to which the Bush administration and the CIA went in the wake of the 9/11 attacks. And yet former officials, from CIA head Michael Hayden to Vice President Dick Cheney to George W. Bush himself, have presented it as a glowing example of the use of "enhanced interrogation techniques" to extract desperately needed information from the "evildoers" of that time.Yet notorious as he once was, he's been forgotten by all but his lawyers and a few tenacious reporters . He shouldn't have been. He was the test case for the kind of torture that Donald Trump now wants the US. government to bring back, presumably because it "worked" so well the first time.In August 2002, a group of FBI agents, CIA agents, and Pakistani forces captured Zubaydah (along with about 50 other men) in Faisalabad, Pakistan. In the process, he was severely injured—shot in the thigh, testicle, and stomach. He might well have died, had the CIA not flown in an American surgeon to patch him up. The Agency's interest in his health was, however, anything but humanitarian. Its officials wanted to interrogate him and, even after he had recovered sufficiently to be questioned, his captors occasionally withheld pain medication as a means of torture.When he "lost" his left eye under mysterious circumstances while in CIA custody, the agency's concern again was not for his health. The December 2014 torture report produced by the Senate Select Committee on Intelligence (despite CIA opposition that included hacking into the committee's computers) described the situation this way: with his left eye gone, "[i]n October 2002, DETENTION SITE GREEN [now known to be Thailand] recommended that the vision in his right eye be tested, noting that 'The CIA then set to work interrogating Zubaydah with the help of two contractors, the psychologists Bruce Jessen and James Mitchell. Zubaydah would be the first human subject on whom those two, who were former instructors at the Air Force's SERE (Survival, Evasion, Resistance, Escape) training center, could test their theories about using torture to induce what they called " learned helplessness ," meant to reduce a suspect's resistance to interrogation. Their price? Only $81 million Each of those 83 uses of what was called "the watering cycle" consisted of four steps:"1) demands for information interspersed with the application of the water just short of blocking his airway 2) escalation of the amount of water applied until it blocked his airway and he started to have involuntary spasms 3) raising the water-board to clear subject's airway 4) lowering of the water-board and return to demands for information."The CIA videotaped Zubaydah undergoing each of these "cycles," only to destroy those tapes in 2005 when news of their existence surfaced and the embarrassment (and possible future culpability) of the Agency seemed increasingly to be at stake. CIA Director Michael Hayden would later assure CNN that the tapes had been destroyed only because "they no longer had 'intelligence value' and they posed a security risk." Whose "security" was at risk if the tapes became public? Most likely, that of the Agency's operatives and contractors who were breaking multiple national and international laws against torture, along with the high CIA and Bush administration officials who had directly approved their actions.What might lead us to think that Zubaydah's treatment was, in part, an experiment? In a May 30, 2005, memo sent to Rizzo, Steven Bradbury, head of the Justice Department's Office of Legal Counsel, discussed the CIA's record keeping. There was, Bradbury commented, method to the CIA's brutality. "Careful records are kept of each interrogation," he wrote. This procedure, he continued, "allows for ongoing evaluation of the efficacy of each technique and its potential for any unintended or inappropriate results." In other words, with the support of the Bush Justice Department, the CIA was keeping careful records of an experimental procedure designed to evaluate how well waterboarding worked.This was Abu Zubaydah's impression as well. "I was told during this period that I was one of the first to receive these interrogation techniques," Zubaydah would later tell the International Committee of the Red Cross, "so no rules applied. It felt like they were experimenting and trying out techniques to be used later on other people."In addition to the videotaping, the CIA's Office of Medical Services required a meticulous written record of every waterboarding session. The details to be recorded were spelled out clearly:"In order to best inform future medical judgments and recommendations, it is important that every application of the waterboard be thoroughly documented: how long each application (and the entire procedure) lasted, how much water was used in the process (realizing that much splashes off), how exactly the water was applied, if a seal was achieved, if the naso- or oropharynx was filled, what sort of volume was expelled, how long was the break between applications, and how the subject looked between each treatment."Again, these were clearly meant to be the records of an experimental procedure, focusing as they did on how much water was effective; whether a "seal" was achieved (so no air could enter the victim's lungs); whether the naso- or oropharynx (that is, the nose and throat) were so full of water the victim could not breathe; and just how much the "subject" vomited up.It was with Zubaydah that the CIA also began its post - 9/11 practice of hiding detainees from the International Committee of the Red Cross by transferring them to its " black sites ," the secret prisons it was setting up in countries with complacent or complicit regimes around the world. Such unacknowledged detainees came to be known as "ghost prisoners," because they had no official existence. As the Senate torture report noted, "In part to avoid declaring Abu Zubaydah to the International Committee of the Red Cross, which would be required if he were detained at a US military base, the CIA decided to seek authorization to clandestinely detain Abu Zubaydah at a facility in Country _______ [now known to have been Thailand]."As British investigative journalist Andy Worthington reported in 2009, the Bush administration used Abu Zubaydah's "interrogation" results to help justify the greatest crime of that administration, the unprovoked, illegal invasion of Iraq. Officials leaked to the media that he had confessed to knowing about a secret agreement involving Osama bin Laden, Abu Musab al-Zarqawi (who later led Al Qaeda in Iraq), and Iraqi autocrat Saddam Hussein to work together "to destabilize the autonomous Kurdish region in northern Iraq." Of course, it was all lies. Zubaydah couldn't have known about such an arrangement, first because it was, as Worthington says, "absurd," and second, because Zubaydah was not a member of Al Qaeda at all.In fact, the evidence that Zubaydah had anything to do with Al Qaeda was beyond circumstantial—it was entirely circular. The administration's reasoning went something like this: Zubaydah, a "senior al-Qaeda lieutenant," ran the Khaldan camp in Afghanistan; therefore, Khaldan was an Al Qaeda camp; if Khaldan was an al Qaeda camp, then Zubaydah must have been a senior al Qaeda official.They then used their "enhanced techniques" to drag what they wanted to hear out of a man whose life bore no relation to the tortured lies he evidently finally told his captors. Not surprisingly, no aspect of the administration's formula proved accurate. It was true that, for several years, the Bush administration routinely referred to Khaldan as an Al Qaeda training camp, but the CIA was well aware that this wasn't so.The Senate Intelligence Committee's torture report , for instance, made this crystal clear, quoting an August 16, 2006, CIA Intelligence Assessment, "Countering Misconceptions About Training Camps in Afghanistan, 1990-2001" this way:Not only was Zubaydah not a senior Al Qaeda lieutenant, he had, according to the report, been turned down for membership in Al Qaeda as early as 1993 and the CIA knew it by at least 2006, if not far sooner. Nevertheless, the month after it privately clarified the nature of the Khaldan camp and Zubaydah's lack of Al Qaeda connections, President Bush used the story of Zubaydah's capture and interrogation in a speech to the nation justifying the CIA's "enhanced interrogation" program. He then claimed that Zubaydah had "helped smuggle Al Qaida leaders out of Afghanistan."In June 2007, the Bush administration doubled down on its claim that Zubaydah was involved with 9/11. At a hearing before the congressional Commission on Security and Cooperation in Europe, State Department Legal Adviser John Bellinger, discussing why the Guantánamo prison needed to remain open, explained that it "serves a very important purpose, to hold and detain individuals who are extremely dangerous...[like] Abu Zubaydah, people who have been planners of 9/11."In September 2009, the US government quietly withdrew its many allegations against Abu Zubaydah. His attorneys had filed a habeas corpus petition on his behalf; that is, a petition to exercise the constitutional right of anyone in government custody to know on what charges they are being held. In that context, they were asking the government to supply certain documents to help substantiate their claim that his continued detention in Guantánamo was illegal. The new Obama administration replied with a 109-page brief filed in the US District Court in the District of Columbia, which is legally designated to hear the habeas cases of Guantánamo detainees.The bulk of that brief came down to a government argument that was curious indeed, given the years of bragging about Zubaydah's central role in Al Qaeda's activities. It claimed that there was no reason to turn over any "exculpatory" documents demonstrating that he was not a member of Al Qaeda, or that he had no involvement in 9/11 or any other terrorist activity—because the government was no longer claiming that any of those things were true.The government's lawyers went on to claim, bizarrely enough, that the Bush administration had never "contended that [Zubaydah] had any personal involvement in planning or executing...the attacks of September 11, 2001." They added that "the Government also has not contended in this proceeding that, at the time of his capture, [Zubaydah] had knowledge of any specific impending terrorist operations"—an especially curious claim, since the prevention of such future attacks was how the CIA justified its torture of Zubaydah in the first place. Far from believing that he was "if not the number two, very close to the number two person in" Al Qaeda, as Secretary of Defense Donald Rumsfeld had once claimed, "the Government has not contended in this proceeding that [Zubaydah] was a member of al-Qaida or otherwise formally identified with al-Qaida."Perhaps we should not be surprised, however. According to the Senate Intelligence Committee report, CIA headquarters assured those who were interrogating Zubaydah that he would "never be placed in a situation where he has any significant contact with others and/or has the opportunity to be released." In fact, "all major players are in concurrence," stated the agency, that he "should remain incommunicado for the remainder of his life." And so far, that's exactly what's happened.Rebecca Gordon, a TomDispatch regular , teaches in the Philosophy department at the University of San Francisco. She is the author of American Nuremberg: The U.S. Officials Who Should Stand Trial for Post-9/11 War Crimes (Hot Books, April 2016). Her previous books include Mainstreaming Torture: Ethical Approaches in the Post-9/11 United States and Letters from Nicaragua.