Cheney Lies, Obstruction Of Justice & Torture Tape Destruction

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graphic by PirateCat

graphic by PirateCat

Marcy earlier noted the article in today’s Washington Post by Peter Finn and Joby Warrick detailing the story surrounding abu-Zubaydah’s capture and torture. I want to pick up with Marcy’s last line:

Yet more reason they destroyed the torture tapes showing Abu Zubaydah’s interrogation.

Well, yes, because it was crystal clear at the outset the explanation initially given by the Bush/Cheney Administration – that they had researched the matter completely and the tapes had no evidentiary value in any possible proceeding whatsoever and they were concerned about privacy of hard working investigators – was totally bogus.

It has been my belief from the outset that the reason the "torture tapes" were destroyed was not simply because they depicted the brutal torture of detainee subjects but, just as importantly, if not more so, they demonstrated there was no credible/usable information produced as a result of that torture. Warrick and Finn confirm this. Even worse, they confirm what little good information the Bushies did extract from abu-Zubaydah was obtained through traditional interrogation prior to the onset of the torture program:

In the end, though, not a single significant plot was foiled as a result of Abu Zubaida’s tortured confessions, according to former senior government officials who closely followed the interrogations. Nearly all of the leads attained through the harsh measures quickly evaporated, while most of the useful information from Abu Zubaida — chiefly names of al-Qaeda members and associates — was obtained before waterboarding was introduced, they said.

Moreover, within weeks of his capture, U.S. officials had gained evidence that made clear they had misjudged Abu Zubaida. President George W. Bush had publicly described him as "al-Qaeda’s chief of operations," and other top officials called him a "trusted associate" of al-Qaeda leader Osama bin Laden and a major figure in the planning of the Sept. 11, 2001, terrorist attacks. None of that was accurate, the new evidence showed.

Abu Zubaida was not even an official member of al-Qaeda, according to a portrait of the man that emerges from court documents and interviews with current and former intelligence, law enforcement and military sources.

And there you have it. The Bushies made the conscious and criminal decision to go full tilt torture having direct reason to Read more →

The Torture Tape Library, Episode 51

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Last week, in an attempt to claim it didn’t have to turn over any of the 3,000 documents in its torture tape library (or, for that matter, the list of witnesses who had viewed the tapes), the CIA told Judge Alvin Hellerstein that they weren’t going to produce any of their torture tape library to the ACLU.

There is no meaningful non-exempt information from the list of documents covered by Point 2, which identifies roughly 3,000 documents, including cables, memoranda, notes and emails, that can be produced at this time. All of the information on the list of witnesses covered by Point 3 is either classified or otherwise protected by statute. Accordingly, the CIA is not producing either list to Plaintiffs in redacted form.

On Thursday, Hellerstein reviewed a chunk of those documents and that list. After reviewing them, he has ordered the CIA to start putting together an index of what they’ve got and why they’re refusing to turn it over.

On March 26, 2009, I reviewed, ex parte and in camera, representative documents and information produced by the CIA relating to the destroyed videotapes that are the subject of Plaintiffs’ motion for contempt and sanction. I ordered the Government to create a work plan for production of this material to Plaintiffs, beginning with a Vaughn index within thirty days of my in camera review and production on a rolling basis thereafter, and to file this plan by April, 2009 for my approval.

A Vaughn index is a list of all documents withheld in a FOIA case, with individualized descriptions of why those documents can’t be turned over. Presuming this Vaughn index at least identifies the dates of the documents, we’ll see how widespread discussion of the torture tapes were in 2002, when the CIA and (presumably) its contractors were torturing Abu Zubaydah, in 2003, when CIA’s OIG viewed them, in 2004, when the 9/11 Commission started asking for the torture tapes, and 2005, when Jello Jay asked about them and–later–the CIA created plausible deniability for those who had warned against destroying them and destroyed them.We might see some of the recipients.

And I’m suspecting, given Judge Hellerstein’s continued skepticism after having reviewed the documents, we might see some of the documents.

Read more →

CIA Refuses to Turn Over Torture Tape Library

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The CIA has been making an inventory of its torture tape library. It is supposed to hand over an inventory of the library for the judge to review next Thursday, March 26, including:

  • A list of any summaries or transcripts describing the destroyed records’ content.
  • A list of any witnesses who may have viewed the videotapes or retained custody before their destruction.

Only, the CIA says the ACLU can’t have any of these lists. 

Here’s the letter DOJ gave Judge Hellerstein explaining the CIA’s reasons why ACLU can’t have the torture library.

The CIA has generated the lists contemplated by Points 2 and 3 of the Order. As instructed by the Court, the CIA will provide the unredacted lists for the Court’s ex parte, in camera review on March 26, 2009 at 2:30 p.m.  There is no meaningful non-exempt information from the list of documents covered by Point 2, which identifies roughly 3,000 documents, including cables, memoranda, notes and emails, that can be produced at this time. All of the information on the list of witnesses covered by Point 3 is either classified or otherwise protected by statute. Accordingly, the CIA is not producing either list to Plaintiffs in redacted form.

In spite of the fact they’ve given us a hugely redacted copy of the CIA OIG report on torture and a torture tape inventory itself, they claim they can’t reveal any of the 3,000 documents discussing the torture tapes. None of them. We’ll see whether Judge Hellerstein agrees with them…

What I’m most fascinated by, though, is the explanation that CIA can’t turn over the list of those who watched or retained the torture tapes because the list "is either classified or otherwise protected by statute." That suggests they’re invoking FOIA exemptions other than classification to withhold the identities of people who watched those tapes.

Take a look at this list of FOIA exemptions, and you’ll see why that may be rather interesting. For example, trade secrets might protect the identities of contractors who had viewed or retained the torture tapes. There’s the physical safety exemption that they earlier cited in regards to their destruction of the tapes–but if they invoked this exemption, it might reveal that they’re worried about the identities of non-CIA employees being released. There are law enforcement exemptions they might invoke if DOJ had reviewed these torture tapes in 2004 in response to a criminal referral by CIA’s Read more →

The Abu Zubaydah Experiment

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The NYRB New Yorker has a piece with long excerpts from the leaked Red Cross report on American torture of high value detainees. (h/t scribe; corrected per scribe) Read it. It’s chilling in its systematicity–the constant involvement of doctors, the efforts to hide any marks of torture, the invention of clinical language to describe torture.

I’ll return to the report, but for the moment just one observation.

Amid a slew of details on the treatment of Abu Zubaydah, the article describes Abu Zubaydah learning that he was the guinea pig for these techniques.

We do not know if the plywood [to minimize the damage from slamming him against the wall] appeared in Zubaydah’s white room thanks to orders from his interrogators, from their bosses at Langley, or perhaps from their superiors in the White House. We don’t know the precise parts played by those responsible for "choreographing" the "alternative set of procedures." We do know from several reports that at a White House meeting in July 2002 top administration lawyers gave the CIA "the green light" to move to the "more aggressive techniques" that were applied to him, separately and in combination, during the following days:

After the beating I was then placed in the small box. They placed a cloth or cover over the box to cut out all light and restrict my air supply. As it was not high enough even to sit upright, I had to crouch down. It was very difficult because of my wounds. The stress on my legs held in this position meant my wounds both in the leg and stomach became very painful. I think this occurred about 3 months after my last operation. It was always cold in the room, but when the cover was placed over the box it made it hot and sweaty inside. The wound on my leg began to open and started to bleed. I don’t know how long I remained in the small box, I think I may have slept or maybe fainted.

I was then dragged from the small box, unable to walk properly and put on what looked like a hospital bed, and strapped down very tightly with belts. A black cloth was then placed over my face and the interrogators used a mineral water bottle to pour water on the cloth so that I could not breathe. Read more →

A Few Thoughts on the Torture Tape Inventory

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The ACLU has released the inventory of torture tapes the CIA destroyed (h/t MD).

Silly me. I once suggested that the CIA didn’t have a torture tape librarian! This is, as it turns out, a fairly meticulous list of torture tapes.

The inventory makes clear something I had suggested on Monday. While there were over 90 tapes destroyed, they are still just torture tapes from two detainees. There are clear references to Abu Zubaydah in the first set (labeled Detainee #1), so the second set must be al-Nashiri (Detainee #2).

Note the description on the first tape "Do not tape over." Then tapes 89 and 90 are listed as "Tape and rewind." And the two al-Nashiri tapes are also "Tape and rewind" tapes. This suggests that at some point, the CIA stopped keeping each torture video, and started simply reusing them–much the same way the White House started reusing the storage tapes for its email (I’m sure that’s just a coinkydink, really). Al-Nashiri was captured in November 2002, so they presumably switched to tape and rewind by then. (That is, incidentally, around the time they first briefed Congress on the torture they were doing, though they claimed they were not yet doing it.)

But look at the numbering. Tapes 91 and 92–presumably of al-Nashiri–are labeled Tapes 2 and 3. This suggests there’s a Tape 1 that is not in this inventory. Where did Tape 1 from al-Nashiri go?

In any case, it looks like they took about six months of tapes of Abu Zubaydah’s interrogations, saved them for years, and destroyed them in 2005. You think that’s one of the many reasons they have never gotten around to charging Abu Zubaydah?

Who Watched the Torture Tapes?

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As a number of you have pointed out, DOJ just informed the ACLU and Judge Alvin Hellerstein that CIA destroyed 92 tapes showing torture.

In the meantime, the CIA can now identify the number of videotapes that were destroyed, which is information implicated by [Hellerstein’s order that ACLU gets information responsive to its FOIA request]. Ninety-two videotapes were destroyed. 

Once McCaffrey the MilleniaLab and I go for a walk, I’m going to follow-up to see whether those 92 tapes all came from Abu Zubaydah and al-Nashiri’s torture (remember–original reports said there had been thousands of hours of videotape) or whether the torture tapes of different detainees were included.

Just as interesting (particularly in light of the goings on in the al-Haramain case), is the list of information that the ACLU will shortly be getting (the CIA wants this week to put together a schedule for turning over the information). That includes:

  • A copy of the CIA Office of Inspector General’s Special Review Report–a redacted copy of which had previously been supplied to the ACLU–with the details regarding the torture tapes un-redacted.
  • A list identifying and describing each of the destroyed records.
  • A list of any summaries or transcripts describing the destroyed records’ content.
  • Identification of any witnesses who may have viewed the videotapes or retained custody before their destruction.

Note, they are warning that they will protect CIA identities wrt that last bullet. But we may get the names of other people (I’m curious whether Cheney, David Addington, or John Yoo might be among them) who had viewed the torture tapes.

And this is perhaps the most interesting bit:

The CIA intends to produce all of the information requested to the Court and to produce as much information as possible on the public record to the plaintiffs.

Watch out below, because I think this dam may well break.

Conyers Invokes the CIA Inspector General Report on Torture

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In a HuffPo column arguing for a Commission to look into Bush era crimes, John Conyers mentions something people on the Hill rarely talk about: the 2004 CIA Inspector General report on torture.

Nor do I agree that the relevant facts are already known. While disparate investigations by Committees of congress, private organizations, and the press have uncovered many important facts, no single investigation has had access to the full range of information regarding the Bush administration’s interrelated programs on surveillance, detention, interrogation, and rendition. The existence of a substantially developed factual record will simplify the work to come, but cannot replace it. Furthermore, much of this information, such as the Central Intelligence Agency’s 2004 Inspector General report on interrogation, remains highly classified and hidden from the American people. An independent review is needed to determine the maximum information that can be publicly released.

Conyers links to this Jane Mayer interview about the report by way of explaining the significance of the report.

One of the lingering mysteries in Washington has been what happened to the CIA internal probe into homicides involving the program. You note that CIA Inspector General (IG) John Helgerson undertook a study and initially concluded, just as the Red Cross and most legal authorities in the United States and around the world, that the program was illegal and raised serious war crimes issues. Helgerson was summoned repeatedly to meet privately with Vice President Cheney, the man who provided the impetus for the program, and it appears as a result of these meetings the IG’s report was simply shut down. Would those probes have brought into question the Justice Department’s specific approval of torture techniques used by the CIA–approval that involved not just John Yoo, but much more specifically Michael Chertoff and Alice Fisher, the two figures who ran the criminal division?

The fact that John Helgerson—the inspector general at the CIA who is supposed to act as an independent watchdog—was called in by Cheney to discuss his tough report in 2004 is definitely surprising news. Asked for comment, Helgerson through the CIA spokesman denied he felt pressured in any way by Cheney. But others I interviewed have described the IG’s office to me as extremely politicized. They have also suggested it was very unusual that the Vice President interjected himself into the work of the IG. Fred Hitz, who had the same post in previous administrations, told me that no vice president had ever met with him. Read more →

Crappy Record-Keeping: A Feature, Not a Bug

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Catalog of records the Bush Administration kept in such disorganized fashion that no one could reconstruct WTF BushCo had been doing on that subject:

(What am I missing?)

You see, historically, authoritarians usually happen to be superb record-keepers. That has been their undoing, once historians got to them. One thing the Bush fuckers got right (from their perspective, mind you) was to avoid leaving usable records.

Jane Mayer, the CIA Inspector General’s Report, and the Torture Tapes

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Though Mayer doesn’t connect the eventual destruction of the torture tapes in November 2005 with the Doug Jehl story published on November 9, 2005, revealing the conclusion of the CIA Inspector General’s report on torture, she reinforces a point I’ve made in the past–the decision to destroy the torture tapes was closely tied to the release of the IG report and the analysis made in the report.

The book is even more detailed than published excerpts have been about starkly the IG report changed the views on torture among some Administration officials, particularly Jack Goldsmith.

The 2004 Inspector General’s report, known as a "special review," was tens of thousands of pages long and as thick as two Manhattan phone books. It contained information, according to one source, that was simply "sickening." The behavior it described, another knowledgeable source said, raised concerns not just about the detainees but also about the Americans who had inflicted the abuse, ome of whom seemed to have become frighteningly dehumanized. The source said, "You couldn’t read the documents without wondering, "Why didn’t someone say, ‘Stop!’"

Goldsmith was required to review the report in order to settle a sharp dispute that its findings had provoked between the Inspector General, Helgerson, who was not a lawyer, and the CIA’s General Counsel, Scott Muller, who was. After spending months investigating the Agency’s interrogation practices, the special review had concluded that the CIA’s techniques constituted cruel, inhuman, and degrading treatment, in violation of the international Convention Against Torture. But Muller insisted that every single action taken by the CIA toward its detainees had been declared legal by John Yoo. With Yoo gone, it fell to Goldsmith to figure out exactly what the OLC had given the CIA a green light to do and what, in fact, the CIA had done.

As Goldsmith absorbed the details, the report transformed the antiseptic list of authorized interrogation techniques, which he had previously seen, into a Technicolor horror show. Goldsmith decline to be interviewed about the classified report for legal reasons, but according to those who dealt with him, the report caused him to question the whole program. The CIA interrogations seemed very different when described by participants than they had when approved on a simple menu of options. Goldsmith had been comfortable with the military’s approach, but he wasn’t at all sure whether the CIA’s tactics were legal. Read more →

Pelosi Appoints Dusty Foggo and Jose Rodriguez’ Buddy to Ethics Committee

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Porter Goss’ tenure as Director of the CIA is noted for two things above all–and neither has to do with the collection and analysis of intelligence.

First, there’s his buddy, Dusty Foggo, whom Goss appointed to be Executive Director of the CIA. In that role, Foggo is alleged to have exploited the weaknesses of the earmark system–not to mention Duke Cunningham’s weakness for whores–to steer millions of dollars in contracts to the company of his childhood friend, Brent Wilkes. In addition, Foggo pulled strings to get his girlfriend hired at CIA.

Then, there’s Jose Rodriguez, whom Goss appointed to be director of the CIA’s Clandestine Services after Goss ousted Stephen Kappes because he wasn’t a political hack. Rodriguez is best known for ordering the torture tapes depicting Abu Zubaydah’s and al-Nashiri’s interrogation destroyed–in spite of the many court orders and outstanding requests from the 9/11 Commission and Congress for such evidence. Goss says he wasn’t involved, but Rodriguez faced no discipline for having the tapes destroyed–even in spite of the fact that then DNI John Negroponte warned Goss to make sure the tapes weren’t destroyed. Rodriguez also spiked the internal CIA investigation into why the folks who rendered Abu Omar out of Italy were so damned incompetent–leaving a cell phone trail right up to the CIA’s doors, not to mention thousands of dollars in hotel bills because spooks must have luxury, don’t you know.

In short, Porter Goss is known to be an incredible hack who oversaw great ethical (and legal) abuses that, at least so long as Goss was in charge, escaped all consequences.

Precisely the kind of guy you’d want in charge of Congress’ Ethics Review Board, right? Oh wait, I mean, precisely the kind of guy Nancy Pelosi would want in charge of Congress’ Ethics Review Board (h/t John Forde). You and I, of course, would think it an utterly ludicrous idea to put a guy like Goss, with huge ethical stains on his record, in charge of Congress’ ethics. But I guess the Speaker of the House doesn’t agree.