Lots of People Knew There Were Innocent Prisoners at Guantanamo

Top Bush officials, analysts, and lower-level interrogators understood that many detainees were not terrorists.

In 2002, members of the Pentagon’s Criminal Investigation Task Force sent reports about the interrogations of prisoners Guantanamo Bay back to Washington. There, a small group of researchers in the Defense Advanced Research Projects Agency applied cutting-edge data mining tools to the reports in order to find connections between the detainees and terrorists. But instead of finding links to al Qaeda or militants, the analysts discovered that some of the detainees were innocent and had been captured in Afghanistan without cause or evidence.

Far from speeding up the release of the detainees, this information was used as a kind of baseline for what a “non-terrorist” looked like. The data tools then were re-calibrated to disregard certain attributes in the interrogation reports and to search for others that were deemed germane to the interrogators’ work. The innocent prisoners–termed “dirt farmers” in military parlance–remained at Guantanamo for the time being. 

I reported this information in my book, The Watchers, which came out in 2010. I mention it again today in light of a post by Conor Friedersdorf at The Atlantic, which points back to an earlier article by Jason Leopold about an important chapter in the Guantanamo saga that you may have forgotten, or overlooked at the time. 

Top Bush administration officials were aware, as early as August 2002, that the “vast majority” of the initial group of 742 detainees at Guantanamo were innocent of any connection to terrorism. That was the sworn statement of Lawrence Wilkerson, formerly the right-hand-man to Colin Powell at the State Department, in a 2010 lawsuit by a former Guantanamo detainee. The innocent men at Guantanamo, Wilkerson said, were swept up in a harried and “incompetent” process that produced no evidence for the basis of their detention. 

This made news at the time. And though it wasn’t exactly a revelation that there were innocent people in Guantanamo, Wilkerson advanced the story by swearing that senior officials, including Vice President Dick Cheney and Secretary of Defense Donald Rumsfeld, were aware of the problem and did nothing about it. Their view, according to Wilkerson, was that “innocent people languishing in Guantánamo for years was justified by the broader war on terror and the capture of the small number of terrorists who were responsible for the September 11 attacks, or other acts terrorism.” 

Friedersdorf asks why this story hasn’t gotten more traction, and says the next time Powell appears in public, journalists should ask him to respond to what Wilkerson said. (He was asked at the time but said he hadn’t read the full statement.) I’d be more interested in what Cheney and Rumsfeld have to say. 

I don’t have a great answer for why this story hasn’t been repeated more often. But I think it’s important to note that Wilkerson and other senior Bush administration officials were not the only ones who knew about the innocent detainees at Guantanamo. This extended down to the level of the interrogators themselves and to counterterrorism analysts. This was hardly a secret held at the highest reaches of power. It was a widely known fact, and at the time, little was done to address it. 

(Also worth noting, a similar statement from Wilkerson, made in 2012, was attached to this declaration by an attorney for prisoners in Afghanistan.)