Senate Armed Services Committee Chairman John W. Warner, Virginia Republican, rebuked Mr. Durbin in a Senate debate for reading, as fact, a raw FBI report, the charges in which had not yet been investigated.
That investigation was completed last week by Air Force Lt. Gen. Randall M. Schmidt, who commands the 12th Air Force, the air component of U.S. Southern Command, which oversees the 520-inmate prison at the U.S. Naval Base at Guantanamo.
Gen. Schmidt wrote in his report, "Another FBI agent stated she witnessed a detainee short shackled and lying in his own excrement. The [investigation] was unable to find any documentation, testimony, or other evidence corroborating the third agent's recollection to this allegation or her e-mail allegation that one of the detainees had pulled his hair out while short shackled."
The Schmidt report also said, "We discovered no evidence to support the allegation that the detainees were denied food and water."
In all, Gen. Schmidt said he found no evidence of torture, but did find cases of aggressive interrogations of reputed al Qaeda and Taliban members captured in Afghanistan.
Of course this won't deter Durbin's spokesman or Dick himself;
Joe Shoemaker, Mr. Durbin's spokesman, said Friday it is inaccurate to say the charges were disproved because investigators never talked to the FBI agent who wrote the e-mail or to some jail personnel who have since left active duty and declined to talk.