CIA Stalling on the IG Report

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I’m not suprised in the least that the CIA has postponed the release of the IG report, they say for one week.

The CIA has postponed the release of a highly-anticipated 2004 report on torture that was set for release today and is said to conclude that there’s no proof torture foiled terror plots, a source familiar with the process confirms to me.

CIA spokesperson George Little also just emailed that the CIA expects the process to conclude “soon,” a clear sign it won’t be today.

After all, given the squabble the WaPo reported earlier this week, there was no way the CIA was going to make redactions and get it approved by the White House in time for release today.

But when the CIA (via DOJ) says, 

Given the need for inter-agency review of the re-processed document, however, we will need additional time to make a final determination as to what information, if any, may be disclosed from the report. [my emphasis]

I start getting cranky.

If any!?!?!? If any!?!?!? I can assure the CIA there is more information that it can disclose–as I showed in this post and this post.

Or is the CIA going to hide the report that they ordered up a last round of waterboarding for Abu Zubaydah in spite of the interrogators’ judgment that he was fully compliant, even though it is already out there?

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29 replies
  1. BayStateLibrul says:

    Could the next fucking move be to highly redact the OLC Report…
    I’m getting worried..

  2. WilliamOckham says:

    They’re blaming the delay on the inter-agency review process. What other agencies could be affected by the report? DOD and DOJ. I’m betting DOD is the hold up. Probably the SERE stuff is at issue.

  3. emptywheel says:

    If DOD is the holdup, it’s likely over deaths rather than over SERE (which they already approved the declassification of for the SASC report). Except for those deaths and the actions of the special task forces, most of their dirt is out.

    That said, as of two days ago, the White House hadn’t even gotten its copy. I realize it would be an expansive definition of “agency” review but it might just be the WH.

    Though I agree, DOD does have stuff to hide.

  4. pmorlan says:

    It’s probably being reviewed by the “comedian prevention department” at the DOJ to ensure that shows like the Daily Show don’t make fun of the CIA.

  7. Andy Worthington says:

    The report “is said to conclude that there’s no proof torture foiled terror plots.” Obama’s already been there. This is from his 100 days press conference:

    Question: You’ve said in the past that waterboarding, in your opinion, is torture. Torture is a violation of international law and the Geneva Conventions. Do you believe that the previous administration sanctioned torture?

    Obama: What I’ve said — and I will repeat — is that waterboarding violates our ideals and our values. I do believe that it is torture. I don’t think that’s just my opinion; that’s the opinion of many who’ve examined the topic. And that’s why I put an end to these practices.

    I am absolutely convinced it was the right thing to do, not because there might not have been information that was yielded by these various detainees who were subjected to this treatment, but because we could have gotten this information in other ways, in ways that were consistent with our values, in ways that were consistent with who we are.

    We’re looking forwards, not backwards, in other words, as Obama wants. Now I happen to think it’s absolutely correct — and possibly, given how politics works, quite brave — to openly assert that the Bush administration’s whole descent into barbarous lawlessness was worthless, if that’s what the report will end up concluding, whether heavily redacted or not.

    That’s not quite what Obama said, in the passage I highlighted above, where, in a more cagey manner, he didn’t refute that torture had possibly been effective, but what he made clear was that any information obtained could have been extracted without using torture — which means that he and senior officials have been listening to the FBI, NCIS etc., and this is a great step forward.

    And if the report does go further, and confirm that “there’s no proof torture foiled terror plots,” then I’ll be even happier, as it will remove all the ammunition from torture’s many advocates.

    HOWEVER, it’s also clear that none of this should provide the Justice Department with an opportunity not to pursue those responsible for implementing a policy that was not only foolish and arrogant and brutal and counter-productive, but also illegal.

    That’s all. It was illegal, and letting them get away with it means you’re above the law if you’re in the White House. And given that Cheney and Bush made Nixon look vaguely angelic, that’s not going to do, is it?

  8. emptywheel says:

    Here’s how Bradbury described the IG Report conclusion:

    As the IG Report notes, it is difficult to determine conclusively whether interrogations have provided information critical to interdicting specific imminent attacks. See id. at 88.

    It also talked a lot about getting MORE reports from torture, but not necessarily better ones.

  10. MadDog says:

    I’m not suprised…

    I am not surprised that you are not surprised.

    And more not to be surprised about via Newsweek recently:

    To Disclose Or Not To Disclose: A Fight Inside The CIA

    The honeymoon between CIA director Leon Panetta and veterans of the agency’s undercover division—the National Clandestine Service—may be coming to an end. The dispute concerns how much access congressional investigators should be given to ultraclassified CIA “operational traffic” regarding the agency’s post-9/11 use of “enhanced interrogation” techniques on suspected terrorists, some of which President Obama and many others have called torture…

    …According to officials familiar with the issue, who asked for anonymity when discussing a sensitive topic, Panetta’s instinct was to give Congress what it wanted. But undercover officers warned him that this would break with standard practice, and veteran spies worried that it would chill brainstorming between field agents and their controllers. Aiming to compromise, Panetta signaled to Congress that the CIA would turn over only redacted documents—and that it would take a long time to vet as many as 10 million pages of cable traffic.

    Congressional investigators aren’t backing down, however, insisting on all of the material without deletions, including names of personnel who participated in harsh questioning, and holding subpoenas in reserve…

    Does anyone know if Senator Dianne Feinstein likes to use a whip…and wear high heels? *g*

  12. reader says:

    I really really really dislike hearing our agents suggest (and THREATEN) they will protect us less well if we ask them to be honest and adhere to the law before during and after all activities undertaken in our name, including these long-awaited constitutionally-mandated disclosures of their activities. Hmmmph.

    Thanks, ew & Andy.

    Cheney doesn’t want this out. They’re having trouble finding the version he wrote and he wants the redactions ’just so.’ He’s a player behind the scenes too. Bet on it. You stand to make more money than over on the unregulated Wall Street.

  13. Mary says:

    I’m guessing a lot of the “preliminaries” and the foreign country stuff are giving them fits, along with the clearly over the top “use” of even the OLC approved torture.

  14. fatster says:

    O/T, or can’t you just feel the excitement?

    “The new “Congressional Sovereignty Caucus” — opposed to “transnational bodies” that undermine America’s “vibrant Judeo-Christian heritage” — launches next week with an event featuring transnational players Oliver North, Frank Gaffney and Doug Feith.”

    http://www.talkingpointsmemo.c…..?ref=fpblg

  15. MadDog says:

    And to assist our understanding on just why the CIA is stalling and trying to again redact much of CIA IG Helgerson’s Special Review report, it helps to re-visit what the CIA’s own Office of General Counsel (OGC) was doing when they were communicating with the DOJ’s OLC on October 22, 2004 regarding (page 27 – doc 67 of 83 page PDF):

    …a draft legal opinion being prepared at the request of the CIA, and provides additional facts to DOJ for the purpose of obtaining legal advice…

    From pages 63-64 of Declaration of Ralph Dimaio – CIA (80 page PDF):

    …139. The CIA’s purpose in requesting advice from OLC was the very likely prospect of criminal, civil, or administrative litigation against the CIA and CIA personnel who participate in the Program. The CIA requested OLC’s legal advice both because the CIA and its personnel anticipated that these issues would continue to be the subject of litigation and, for some of these documents, because the CIA and its personnel had been subject to criminal, civil, or administrative proceedings concerning the Program.

    This advice was not solicited in the ordinary course of business. Rather, the requests for advice were solicited in order to prepare the CIA to defend against future criminal, civil, and administrative proceedings that the CIA considered to be virtually inevitable…

    • bmaz says:

      …139. The CIA’s purpose in requesting advice from OLC was the very likely prospect of criminal, civil, or administrative litigation against the CIA and CIA personnel who participate in the Program. The CIA requested OLC’s legal advice both because the CIA and its personnel anticipated that these issues would continue to be the subject of litigation and, for some of these documents, because the CIA and its personnel had been subject to criminal, civil, or administrative proceedings concerning the Program.

      But wait, that cannot be right, because the Bushies and spooks assured us sincerely that there was no possible litigation, civil or criminal, that could possibly involve the destroyed torture tapes as material evidence.

      Something doesn’t add up here; how can that be???

  18. Jkat says:

    thanks mad dog .. hmmm.. 83 page PDF eh ?? thank ya again .. you’ve apparently got a plethora of patience …

    so .. what we see ..plainly .. is that the spooks “anticipated” a shitstorm ..and were fully cognizant that the OLC fig leaves wouldn’t cover their precious anatomical parts from dangerous exposure .. that’s what we can infer from that

    the cia and it’s personnel anticipated ..litigation .blah..blah ..”Teh Program”.. blah..blah ..

    right ?? i mean .. uhh.. predicting liability as “virtually inevitable” … is a dead tip off .. no ??

    they knew full well what they were doing was illegal ..[and expected to be called to accounts] and the OLC knew it too.. everybody knew it .. [hell.. even us DFH’s knew it] and the whole memos shebang is/was nothing but very cheap bad kabuki .. [if it were saki …the hangover would kill ya..yeah it’s that bad] .. pure political rotgut .. with the corrupting force to eat the guts out of a body politic ..

    y’all are a truly awesome resource … many kudos

  19. Jkat says:

    aha ..bmaz sez: “all your additions is bad .. ” ..

    now i ask ya ..truly .. have you ever seen republican conservo-turd math “add up” .. it wouldn’t be so bad if we were watching this political saga being presented as an example of the theater-of-the-absurd .. but my gawd .. this is real life here …

    it adds alright .. but it figures out to a total waste .. that’s teh bottom line: a total waste ..

  20. Jkat says:

    …i’m wondering who else won’t be covering the report when if it finally emerges…..

    there ya go ..all fixed

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