TRIALS BY FIRE - Belfer Center for Science and International Affairs

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TRIALS BY FIRE - Belfer Center for Science and International Affairs

the Constitution and US statutes. By observing such procedures, the FBI ensuresthat these statements will be admissible in court. It also ensures the admissibilityof other evidence gathered during an investigation that might becollaterally ‘tainted’ by a botched investigation. 182The policies also reflect a judgment of efficacy. The FBI has repeatedly statedits belief that the most effective way to obtain accurate information for bothevidentiary and intelligence purposes is to use rapport-building techniques ininterviews. 183FBI interrogation guidelines prohibit interrogators from attempting to obtainstatements by force, threats, or promises. The policies also prohibit brutality,physical violence, duress, or intimidation of individuals under interrogation.As such, FBI policy requires interrogators to separate themselves from otheragencies that use non-FBI-approved techniques. 184The FBI adopted this agency-separation policy following two FBI agents’ participationin the 2002 interrogation of Abu Zubaydah, after which the FBI interrogatorsexpressed strong concerns about the techniques employed by theirCIA colleagues. 185• A 2008 investigation by the FBI Inspector General found that the“vast majority” of FBI agents deployed to Guantanamo Bay, Iraq andAfghanistan were adhering to FBI interrogation policies. 186 Of those“infrequent” instances that utilized techniques that would not normallybe permitted on US soil, they were sometimes “related to the unfamiliarcircumstances agents encountered in the military zones.” 187• The Inspector General report indicated that FBI interrogators—inaccordance with agency policy—were in fact separating themselvesfrom other agencies’ interrogators who used non-FBI-approvedtechniques. 188In 2008, the FBI Inspector General testified, “the FBI’s approach [to interrogationsof terrorist suspects], coupled with a strong substantive knowledge of alQaeda, had produced extensive useful information in both pre-September 11terrorism investigations as well as in the post-September 11 context.” 189Belfer Center for Science and International Affairs | Harvard Kennedy School77

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