Moon of Alabama Brecht quote
December 8, 2007
CIA Tapes

As the the NYT and others reported yesterday, the CIA in 2005 destroyed hours of video tapes which documented the torture interogations of two alleged ‘Al-Qaida operatives’.

This is obviously obstruction of justice as well as obstruction of the inquiries by the 9/11 commission. This by the CIA as well as the Justice Department which earlier denied the existence of such tapes in front of a federal court.

The White House, the Justice Department and Congress committee members now say they adviced the CIA not to destroy the tapes. The CIA assures us that this was a lone decision taken against such advice by Jose A. Rodriguez Jr., then the chief of the agency’s clandestine service, in 2005. Rodriguez is now retired.

As usual, the coverup is the crime that breaks the case. The torture itself was a crime against humanity, wellknown and so far legally untouched. To destroy the tapes is obvious obstruction of justice that will likely have consequences.

Gen. Michael V. Hayden, the director of the C.I.A., claimed this week that the relevant Congress committees were informed, after the fact, about the destruction of the tapes. Committee leaders form both parties deny this. Hayden’s statement is not yet criminal, but as soon as he is asked under oath …

Congress wants to look into this. But with Senator Rockefeller as the relevant Senate committee chairman, nothing will come out. The House may have a better chance to get more information.

Two points:

1. There are always copies of such tapes.

2. The White House somewhat denies any presidential knowledge on the issue by a very carefully worded statement:

Dana Perino, the White House spokeswoman, said Friday that President Bush “has no recollection of being made aware of the tapes or their destruction” before this week.

Nice try and obviously not a clean denial. What did the president know and when did he know it? Did he really forget how he laughed at those screams?

I recommend a thorough search through Bush’s private video collection. Cheney’s and Rumsfeld’s private archives also deserve some scrutinity. A rerun of the relevant scenes might refresh their memories.

Comments

As jj commented on the other thread

Happy Coincidence Week. Just after the CIA releases the NIE, ready to go jail rather than fall for Bu$hCo’s lies on Iran…lo & behold…it comes out that the CIA destroyed torture tapes. And “the President” knew nothing about it. Cries everywhere that CIA destroyed evidence – obstruction of justice ‘cuz they knew they were breaking the law…unconscionable they thunder across Washington…Something is seriously wrong at the CIA…Even “Democrat” Congress is braying…

Sounds reasonable to me – payback time for the NIE …

Posted by: b | Dec 8 2007 10:20 utc | 1

So they made tapes? Of their first two AQ captives captured 5 months (March) after the invasion of Afghanistan in 2002. The Gonzales/Yoo memos authorizing torture were signed by Jay Bybee of the Office of Legal Council (Aug 2002). The taping sessions are said to have stopped by the end of 2003. The administration at this point in time were mopping up after the Afghanistan invasion and drawing up plans for moving on to Iraq. Bush became the “swaggering war president”, Rumsfeld was a gloating media hero, and Cheney was esconced within his secret bunker. They were at this point the height of”making new realities”, and as it turns out filming these new realities. So now the president has no recollection. Fat chance. Alabama’s Hobby Horse now appears literally to be not so far fetched. And gives a new meaning to serving “at the pleasure of the president”.

Posted by: anna missed | Dec 8 2007 10:37 utc | 2

quoting alabama:
Need I bore you any more on this subject? Bush has no other purpose in life—dry drunk that he is—than to get his kicks by inflicting pain, and sitting back and hearing the screams of the tortured. I’m absolutely certain that he stays in touch, and in person, with the folks who carry out his tortures, and demands a full and detailed accounting of what they’ve done. I’ll bet my house on this possibility, and I’ll pay off the mortgage myself if I’m proven wrong.

Posted by: anna missed | Dec 8 2007 10:39 utc | 3

There’s a hell of a thread over at Dailykos right now regarding this.
“It’s Not Torture They’re Covering Up, It’s the Results”.
And it suggests the reason the tapes were destroyed is not because they showed extreme torture, but because they probably showed something similar to this:

The automatic assumption about the CIA’s destruction of the interrogation tapes of Abu Zubaydah is that the tapes exposed methods everyone would agree amounted to torture, and they were destroyed to prevent that proof being exposed. It’s quite likely that what was being covered up was the results of that torture.
Gerald Posner has a piece at HuffPo drawing from his 2003 book that is worth a read:

Instead, when confronted by his “Saudi” interrogators, Zubaydah showed no fear. Instead, according to the two U.S. intelligence sources that provided me the details, he seemed relieved. The man who had been reluctant to even confirm his identity to his U.S. captors, suddenly talked animatedly. He was happy to see them, he said, because he feared the Americans would kill him. He then asked his interrogators to call a senior member of the Saudi royal family. And Zubaydah provided a private home number and a cell phone number from memory. “He will tell you what to do,” Zubaydah assured them

Quote:
The automatic assumption about the CIA’s destruction of the interrogation tapes of Abu Zubaydah is that the tapes exposed methods everyone would agree amounted to torture, and they were destroyed to prevent that proof being exposed. It’s quite likely that what was being covered up was the results of that torture.
Gerald Posner has a piece at HuffPo drawing from his 2003 book that is worth a read:
Quote:
Instead, when confronted by his “Saudi” interrogators, Zubaydah showed no fear. Instead, according to the two U.S. intelligence sources that provided me the details, he seemed relieved. The man who had been reluctant to even confirm his identity to his U.S. captors, suddenly talked animatedly. He was happy to see them, he said, because he feared the Americans would kill him. He then asked his interrogators to call a senior member of the Saudi royal family. And Zubaydah provided a private home number and a cell phone number from memory. “He will tell you what to do,” Zubaydah assured them
The comments get very interesting …
American interrogators used painkillers to induce Zubaydah to talk — they gave him the meds when he cooperated, and withdrew them when he was quiet. They also utilized a thiopental sodium drip (a so-called truth serum). Several hours after he first fingered Prince Ahmed, his captors challenged the information, and said that since he had disparaged the Saudi royal family, he would be executed. It was at that point that some of the secrets of 9/11 came pouring out. In a short monologue, that one investigator told me was the “Rosetta Stone” of 9/11, Zubaydah laid out details of how he and the al Qaeda hierarchy had been supported at high levels inside the Saudi and Pakistan governments.
He named two other Saudi princes, and also the chief of Pakistan’s air force, as his major contacts. Moreover, he stunned his interrogators, by charging that two of the men, the King’s nephew, and the Pakistani Air Force chief, knew a major terror operation was planned for America on 9/11.
Considering that “Zubaydah is the only top al Queda operative who has secretly linked two of America’s closest allies in the war on terror,” it would be pretty embarrassing for the CIA if they had these people killed solely based on something Zubaydah came up with to save his life.

Holy shit, some of the Daily Kos people there actually have balls and an intellect?
Usually all I see for years is endless, endless gatekeeping and the usual American liberal “shut up about 9/11 theories” spewage.
This is the REAL reason the torture tapes have been destroyed, by what they reveal
_________________

Posted by: Uncle $cam | Dec 8 2007 12:00 utc | 4

“I recommend a thorough search through Bush’s private video collection.
The very first thing I said. Also bet there’s other bootleg copies too.

Posted by: beq | Dec 8 2007 13:23 utc | 5

torture is american as apple pie
who can forget the cries of sacco & vanzetti transformed into revolutionary correspondance
as b real pointed out at the beginning here – there was a history of torture or of what these modern fucking monsters who administrate anhilation – would call intense interrogation – when they fought a war of extermination against the indians
it seems from all these fucking monster only roosevelt possessed a modicum of humanity
& what is forgotten, what is always forgotten as john pilger suggests is the day to day torture since the conception of that country – how many millions of men & women had their destinies destroyed & the possibilities vanquished – the american dream was always a nightmare for those who could not afford to pay the fucking bill
& it was always the oppressed who had to pay that fucking facture
whenever the rich were in trouble they cried loud & hard & demanded the state to assist them – to look after their welfare
the fuck-up of all time – george w bush could not initiate or invent one simple thing without fucking it up & he lived on the handouits the rich give to the rich
i wish there were 1 2 3 many hugo chavez to bury them now & forever

Posted by: remembereringgiap | Dec 8 2007 13:50 utc | 6

“Did he really forget how he laughed at those screams?”
That is a hideous thing to insinuate, b, but not even half as hideous as that there is a reasonable chance that it could be on the mark.
“…details of how he and the al Qaeda hierarchy had been supported at high levels inside the Saudi and Pakistan governments.”
Indeed, U$cam, this was one of the first reactions — that this could not have been planned without gov’t backing of some sort. True, it never gained traction in the MSM, but it has always spooked in the background — the question being which gov’t(s).

Posted by: Chuck Cliff | Dec 8 2007 13:52 utc | 7

like the ancient romans, the united states forgets how much it is hated, it forgets that it has made peaceful opposition impossible & it has carried out complicities & collussion so long with other corrupt elites, puppets, valets, vassals & other organisations of oligarchs – that incompetence & neglect are second nature
an inside job is also simply the result of a computation of collusion
the resistance of iraq is owed our tespect because they have exposed the horror that is at the heart of the empire

Posted by: remembereringgiap | Dec 8 2007 14:06 utc | 8

The first MSM reports of 9/11 referred to the perpetrators as “men with Saudi Arabian passports”, as if they were hesitant to admit that one of our closest “allies” in the Middle East was supplying the bulk of the foot soldiers.

Posted by: ralphieboy | Dec 8 2007 17:06 utc | 9

The whole story of torture in the US is opaque… Historically, it has been practised, naturally, and today treatment in prison approaches or can be qualified as torture, plus events we arent informed of – well, it is not new.
The choice of ‘terrorists’ as the victim group is obligatory, as no other group is so vilified, and they provide a rationale, that of obtaining information. Despised criminals (eg. pedophiles, rapist murderers) are not tortured for punishment, but put to death. The general idea seems to be that civilized peoples refrain from medieval sadism, except when it is a penalty pronounced by law or of such supreme instrumentality that the aim allows the means (saving thousands by torturing one, etc.)
Torture, in history, and world-wide, is used for two main reasons. 1) It is cheap. 2) It works. (Stripped of its moral aspects it is a middle management dream.) It works because it shuts ppl up and prevents them from acting – it instills fear. Torture just a few people and let it leak out or make it blatant and a whole town can be silenced. 3) The torture itself serves to indoctrinate the torturers, as well as all those behind them, and/or to make the victims even more debased and hated, non-human. 4) It can serve to trumpet a) false confessions, b) repentance, and adherence to whatever is required.
On the face of it, the US seems interested only in 3) and 4a. The false confessions (or false accusations upheld by the courts) could perfectly well be invented, and are, there really isn’t any need for torture. The confessions of the likes of KSM when published are risiblle – not only will victims will confess to anything but a certain grandiosity grips them. American citizens don’t see themselves as potential victims, so the fear factor doesn’t work. It seems a slim return in view of the disgust and opprobium it arouses, see also the stark contradiction with ‘American values’ (officially, etc.)
So do we see here a knee jerk reaction, an inherent sadism, a desire to do harm, on the part of certain US leaders? A slow habituation to torture as an accepted practise? What are Hillary’s and Obama’s positions on torture, if any? I just wondered..
A last point is that the Int’l community has not reacted. To US torture, ‘rendition’, etc. (Barring some very weak initiatives, often coming from citizens.)
True ‘terrorist’ confessions will surely be very damaging, so have to be suppressed, as pointed out above.

Posted by: Tangerine | Dec 8 2007 17:49 utc | 10

What are Hillary’s and Obama’s positions on torture, if any?
both of them voted against the O6 military commissions act. tho hillary has made statements allowing torture. not so for obama
“The secret authorization of brutal interrogations is an outrageous betrayal of our core values, and a grave danger to our security. We must do whatever it takes to track down and capture or kill terrorists, but torture is not a part of the answer – it is a fundamental part of the problem with this administration’s approach. Torture is how you create enemies, not how you defeat them. Torture is how you get bad information, not good intelligence. Torture is how you set back America’s standing in the world, not how you strengthen it. It’s time to tell the world that America rejects torture without exception or equivocation. It’s time to stop telling the American people one thing in public while doing something else in the shadows. No more secret authorization of methods like simulated drowning. When I am president America will once again be the country that stands up to these deplorable tactics. When I am president we won’t work in secret to avoid honoring our laws and Constitution, we will be straight with the American people and true to our values,”
here’s obama’s statement after the 06 vote.

Posted by: annie | Dec 8 2007 18:37 utc | 11

that bold was only supposed to be for 3 words “without exception or equivocation.”

Posted by: annie | Dec 8 2007 18:40 utc | 12

Investigate? The worthless Dems can’t get mid-level flunkies to show up when subpoenaed. No one will turn over any evidence, no one will testify, and no one will be convicted of any crime. We all know it. At best, a few people will humor the Dems and show up at the Senate hearings only to declare everything is both a state secret and covered by Executive privilege while the Dems will sit with thumbs up their butts unable to figure out what to do next. The party of complete and utter worthlessness.

Posted by: noodle-soup | Dec 9 2007 4:12 utc | 13

Flashback: Tape of Padilla interrogation is missing

Posted by: Uncle $cam | Dec 9 2007 6:04 utc | 14

In light of recent revelations, wrt Saudi and Pakistan governments, I would urge you,– if you haven’t already–, to watch “Who Killed John O’Neill?”
You can now Stream it, Download it, iTunes/podcast it or buy the DVD. I posted about this back in 05 I believe, back then you could only buy the DVD, I think.

Posted by: Uncle $cam | Dec 9 2007 6:15 utc | 15

The Padilla tapes went missing after Rodriguez retired so they must have more cool guys in the Agency… Rodriguez by the way was and is a close friend of the Chairman of the House “oversight”(!?) commitee who says that Rodriguez was the inspiration for “24”

“…the exploits of Jose Rodriguez are documented in the series “24.”

Posted by: Chuck Cliff | Dec 9 2007 7:14 utc | 16

please don’t hotlink to cia for christ sakes 🙂
Doesn’t matter who Rodriguez was inspiration for – any scapegoat’ll do ya!
Object of the exercise is to bury it under a mound of shit, to both change the subject from the NIE & by extension discredit it by cia. Also, run “investigations” to buy time for Fascist-Zionist Wolfowitz to manufacture some fresh bullshit so they can get Iran attack back on track. In that light, who cares if Rogdriguez falls through as a scapegoat. It just buys more time while they search for another one.
Obviously, if this wasn’t the objective & it came out that the tapes had been zapped (which they might not have been, or…who the hell knows) it’d be a big yawner…like all the other crimes of Pres. Bimbo’s Admin.

Posted by: jj | Dec 9 2007 7:35 utc | 17

@ r’giap – it seems from all these fucking monster only roosevelt possessed a modicum of humanity
problem was, he had a narrow definition of who he considered “human”
from richard drinnon’s keeper of concentration camps: dillon s. meyer and american racism,

Surely no West Coast exclusionists had to convert Roosevelt to racism. Thanks to Christopher Thorne’s extraordinary research for Allies of a Kind: The United States, Britain, and the War Against Japan, 1941-46 (1978), we now know that the president considered it fit to joke to White House aides that Puerto Rico’s “excessive” birthrate could be solved by “the methods which Hitler used effectively” : “It is all very simple and painless — you have people pass through a narrow passage and there there is a brrrrr of an electrical apparatus. They stay there for twenty seconds and from then on they are sterile.” At Yalta he weightily informed Joseph Stalin that the Vietnamese were little pacifists, or, in his own words, “people of small stature … and not warlike.” And to Winston Churchill, whose arrogance toward nonwhites matches his own, he confided that the had “never liked the Burmese and you people must have had a terrible time with them for the last fifty years. Than the Lord you have He-Saw, We-Saw, You-Saw [i.e., Prime Minister U. Saw] under lock and key. I wish you could put the whole bunch of them into a frying pan with a wall around it and let them stew in their own juice” (Allies, pp. 6, 159).
For the commander in chief the war in the Pacific was at bottom a racial war that had originated in the first place from the inborn nature of the Japanese to be aggressors and as such to be a separate species from the peace-loving white Americans. In the summer of 1942 FDR informed the British Minister Sir Ronald Campbell that he believed crossbreeding with Europeans might improve certain Asian peoples such as the Chinese, but definitely not the “the Japanese-European mixture, which was, he agreed, thoroughly bad.”

The President viewed the Japanese and their descendants as innately bad, wherever they were, and as such fit for the great roundup just weeks away.

Through documents recently released under the Freedom of Information Act, Peter Irons has demonstrated in Justice at War (1983) “a legal scandal without precedent in the history of American law” (see especially pp. viii, 206-18, 278-302)> The Roosevelt administration stacked the deck against the handful of Japanese American test cases by suppressing, altering, and destroying evidence critical to their defense, and thereby presented the courts with a fundamentally tainted record.

Such was the bedrock of punitive racism on which the keepers had erected their “relocation centers.” In them Roosevelt had succeeded in doing to the Nikkei what he could only fantasize Churchill doing to the Burmese, namely, “put[ting] the whole bunch of them into a frying pan with a wall around it and let[ting] them stew in their own juice.”
[pp. 255-6, 262]

Posted by: b real | Dec 9 2007 7:44 utc | 18

prior to becoming president, roosevelt served as assistant secretary of the navy where he was much involved in the 19-year illegal u.s. occupation of haiti in a variety of way. for instance, in getting major smedley butler & another marine a congressional medal of honor for capturing fort riviere.

The medals were awarded at the behest of Assistant Secretary of the Navy Franklin D. Roosevel, who visited the site of Fort Riviere in January, 1917. Roosevelt was much impressed by Butler’s account of the battle, and noted in his travel diary that Butler and 18 companions had killed over 200 cacos at Fort Riviere, whereas the official Marine Corps casualty list reported 51 killed. Franklin D. Roosevelt, “Trip to Haiti and Santo Domingo, 1917,” unpublished travel diary; Roosevelt MSS, RG10, Box 155.

i’m quoting here from hans schmidt’s excellent the united states occupation of haiti 1915-1934.
no mention of whether roosevelt kept any pictures of dead cacos in his drawer.
schmidt continues w/ a bit of context on the incident roosevelt was impressed with,

In other respects, the capture of Fort Riviere was typical of marine campaigns against the cacos, who were difficult to hunt down but easily defeated once cornered. At the 1921 Sentate Hearings on the Occupation of Haiti, General George Barnett, commandant of the Marine Corps from 1914 to 1920, was questioned about offensive operations against the cacos:

General Barnett: One particular one was the capture of Fort Riviere. That was really quite an affair.
Question: That was the affair when there were 51 Haitians killed but no casualties on our side?
General Barnett: It was quite an affair. The Haitians were not well armed, but they stood up and fought to the best of their ability. [continues, reading the field commander’s report of the engagement] All companies were in their position at the time specified and Butler and Low’s companies made the assault, supported by five other companies. Hand-to-hand conflict in the fort lasted ten minutes. Twenty-nine killed and 22 jumped parapet, but all were killed by fire from the automatics, all avenues of escape being blocked.
Question: Was that operation fairly characteristic of the operations in general conducted by our forces against the natives?
General Barnett: I should say that was a sample. They had a little better protection there than they would have ordinarily, it being an old fort on a high mountain.

No prisoners were taken. One marine officer who took part in the engagement, recalling that the only American casualty was a man who was struck in the face with a rock and lost two teeth, remarked that “we were fighting a people who did not know what sights were for, and in a tight spot they threw away their rifles and reached for rocks.” [pp. 84-5]

those medals obviously weren’t awarded for exemplifying any acts of courage or bravery.
on that 1917 visit that roosevelt made to haiti, schmidt writes that future president “did little more than give an unqualified endorsement to marine activities, engage in ceremonial functions, and investigate possibilities of investment in Haiti for his own personal enrichment” [p. 108].
providing another glimpse of roosevelt’s racist mindset,

The elaborate observance of protocol by Roosevelt and his party was not always backed by corresponding private sentiments. Roosevelt recorded in his travel diary that his fried and traveling companion, John A. McIlhenny of New Orleans, who later became the occupation’s leading American civilian official, had been unable to eat much at a luncheon given in honor of [client-President] Dartiguenave because he was fascinated by the robust Haitian minister of agriculture who was sitting opposite him. McIlhenny told Roosevelt, “I couldn’t help saying to myself that that man would have brought $1,500 at auction in New Orleans in 1860 for stud purposes.” Roosevelt appears to have relished the story, and retold it to American Minister Norman Armour when he visited Haiti as President in 1934. [pp.110-1]

and on roosevelt’s plans to set up his own plantation,

While in Haiti, Assistant Secretary of the Navy Roosevelt took the opportunity to pursue a private investment scheme whereby he hoped to set up an agricultural plantation. In making investigations about possible sites for agricultural development, Roosevelt was anticipating the passage of the American-sponsored Constitution of 1918, which contained the foreign landownership clause designed to encourage an influx of American capital. Indeed, Roosevelt later claimed to have written this constitution, which was in the process of being drafted at the time he visited Haiti.

roosevelt was a liar too, as, while he may have had some input, he certainly did not write the constitution. anyway, WWI sidelined any biz ventures temporarily, but after the war roosevelt & mcilhenny continued to explore investment opportunities though they never, obviously, launched their own stud farm.

Posted by: b real | Dec 9 2007 7:45 utc | 19

in the end, the military occupation of haiti lasted for 19 years. at points it became extremely unpopular b/c of the widespread indiscriminate killing of haitians, no matter insurgent — “hunt[ing] the Cacos like pigs” in the words of smedley butler — or civilian, who were brutalized, often forced into slave labor on projects such as building roads, digging ditches & putting up buildings. very rarely were these occupied peoples seen as human.
as schmidt makes clear, at the bottom of all this rests a racist worldview.

The precedents for the United States intervention in Haiti were … the long series of guerilla wars waged against alien races and cultures in western North America, the Pacific, and the Caribbean. The abrasive contacts with alien peoples outside the United States occurred at the same time that alien peoples within the United States were being subjected to nativist and racist harassment marked by brutal treatment of Indians, lynchings of immigrants, Ku Klux Klan bigotry, oriental exclusion, and systematic suppression of blacks. Internal nativist and racist tendencies were carried abroad when, as a facet of continuing national growth and vitality, Americans mastered weaker neighboring peoples who occupied the contiguous areas in continental North America and overseas. This expansion entailed a long history of bloody military confrontations, first with American Indians and subsequently with Mexicans, Filipinos, Cubans, Dominicans, Haitians, Nicaraguans, and others. These wars involved racism and American disdain for “savages” and frequently degenerated into torture, systematic destruction of villages, and military tactics tantamount to genocide. [p. 7]

and nothing has changed.
one last thing on haiti, as this comment is now starting to veer away from my originating intentions — when the picture from abu ghraib broke, the one w/ the hooded figure standing on the box, arms out, nearly crucified, my first thought was of the image of charlemagne peralte & whether this powerful new photo would also have a similar effect, intensifying the determination of the resistance.

Posted by: b real | Dec 9 2007 7:46 utc | 20

Inquiry Begins Into Tapes’ Destruction

The Justice Department and the Central Intelligence Agency’s internal watchdog on Saturday began a joint preliminary inquiry into the spy agency’s destruction of hundreds of hours of videotapes showing interrogations of top operatives of Al Qaeda.

On Saturday, a government official who had spoken recently with Mr. Rodriguez on the matter said that Mr. Rodriguez told him that he had received approval from lawyers inside the clandestine service to destroy the tapes.

Current and former intelligence officials have said that Abu Zubaydah was subjected to coercive techniques by C.I.A. interrogators even before the Justice Department issued a formal, classified legal opinion in August 2002 declaring that the coercive techniques did not constitute torture.

But the destruction of the tapes in 2005 appeared to reflect what former and current intelligence officials have described as longstanding worries about the legality of the C.I.A.’s interrogation practices and the possible legal jeopardy for any employees who engaged in them.

President Bush has argued, since officially confirming the existence of the interrogation program in September 2006, that Abu Zubaydah’s case proved the value of harsh interrogation methods because Abu Zubaydah yielded valuable intelligence about the 9/11 plot only after those tactics were employed. That assertion was repeated on Thursday by General Hayden.
But other government officials have long disputed some aspects of the C.I.A.’s version of events. These officials said Abu Zubaydah, who had been taken to a secret location in Thailand, cooperated with interviewers from the F.B.I., who used a nonconfrontational approach, until C.I.A. interrogators took over the questioning in April or May of 2002 and used more aggressive techniques.

Posted by: b | Dec 9 2007 9:37 utc | 21

Is the “fix” in? Harpers’ Silverstein: Where is Jose Rodriguez? Apparently in business with the brother of top Democrat on Intel Panel

I tend to agree with my colleague Scott Horton that Jose Rodriguez Jr., the former head of the CIA’s clandestine service, is being made the scapegoat for the destruction of videotapes showing the interrogation of two Al Qaeda members. “This looks like he was tossed under a giant bus,” one former intelligence official told me. “How likely is it that he took this decision on his own, especially when he’s not in the videotapes and wouldn’t be effected directly? Not very likely.”
This person said that the fact that the tapes were made in the first place was hugely revealing. “It shows that by 2002, everyone at the agency thought they could be Jack Bauer, that the president thought this sort of thing was fine,” he said. “This is like making a snuff film. It’s incredible that they felt they could put it on tape.”

In the fall of 2006, I reported that Rodriguez, who was then still at the agency, was being recruited by Blackwater.

Meanwhile, Rodriguez, two sources have told me, is doing business in Texas with the brother of Silvestre Reyes, the Democratic chairman of the House Permanent Select Committee on Intelligence, where Reyes has served since 2001. From what I understand, Rodriguez and Chairman Reyes are extremely close friends, and the congressman “set up Rodriguez with his brother.”

Last August 16, shortly before he retired, Rodriguez was honored by Reyes at a border security conference in El Paso. “I consider him an American hero,” Reyes said before presenting Rodriguez with a flag flown over the Capitol to honor his service at the CIA. (Reyes also said that Rodriguez’s real-life exploits inspired “24,” which based on recent revelations is an interesting observation.)

what does it say about the strength of congressional oversight of the CIA when the top Democrat on the intelligence panel has this type of relationship with the man who until recently headed clandestine services?

Posted by: b | Dec 9 2007 10:01 utc | 22

Harper’s Scott Horton: The Scapegoat

So the sacrificial beast now has a name: it is Jose A. Rodriguez Jr., the head of the CIA’s Directorate of Operations.

My sources are telling me that the actual destruction occurred in mid- to late-November 2005. This would be after Judge Brinkema pressed the Justice Department in court over its compliance with production requests from the defense.

Could a director of ops authorize the destruction of evidence wanted in a federal criminal case, in the face of a court order for their production all by his lonesome with no consultation and approval from above? We have the answer in the initial Hayden memo: these steps were done in accordance with the law and agency procedure, he says. So the answer to that question is that it certainly wasn’t just Rodriguez.

Posted by: b | Dec 9 2007 10:17 utc | 23

Hill Briefed on Waterboarding in 2002

In September 2002, four members of Congress met in secret for a first look at a unique CIA program designed to wring vital information from reticent terrorism suspects in U.S. custody. For more than an hour, the bipartisan group, which included current House Speaker Nancy Pelosi (D-Calif.), was given a virtual tour of the CIA’s overseas detention sites and the harsh techniques interrogators had devised to try to make their prisoners talk.
Among the techniques described, said two officials present, was waterboarding, a practice that years later would be condemned as torture by Democrats and some Republicans on Capitol Hill. But on that day, no objections were raised. Instead, at least two lawmakers in the room asked the CIA to push harder, two U.S. officials said.

Yet long before “waterboarding” entered the public discourse, the CIA gave key legislative overseers about 30 private briefings, some of which included descriptions of that technique and other harsh interrogation methods, according to interviews with multiple U.S. officials with firsthand knowledge.
With one known exception, no formal objections were raised by the lawmakers briefed about the harsh methods during the two years in which waterboarding was employed, from 2002 to 2003, said Democrats and Republicans with direct knowledge of the matter. The lawmakers who held oversight roles during the period included Pelosi and Rep. Jane Harman (D-Calif.) and Sens. Bob Graham (D-Fla.) and John D. Rockefeller IV (D-W.Va.), as well as Rep. Porter J. Goss (R-Fla.) and Sen. Pat Roberts (R-Kan).

No wonder Rockefeller will NOT investigate the issue … he should go to jail too.

Posted by: b | Dec 9 2007 10:38 utc | 24

Boy, once Kiefer Sutherland gets out of doing his drunk-driving time, he’s going to have a lot to answer for…

Posted by: ralphieboy | Dec 9 2007 13:39 utc | 25

@24 – the WaPo piece I posted explains that Pelosi knew about waterboarding and didn’t protest it in any way.
That shines quite a light on Pelosi’s “impeachment is off the table”. Her act would be considered co-conspiring in my countries lawbook.
Knowledge of serious crimes has to be brought forward.

Posted by: b | Dec 9 2007 16:57 utc | 26

b, Pelosi knew about waterboarding and didn’t protest it in any way.
if i recall there were similiar accusations wrt the wiretapping. as it was explained to us only a few limited members of some committee were privy to the information and were sworn to secrecy under threat of breaking some rule wrt leaking classified information, even to others in the committee.
frankly i am wondering myself about this particular wapo story and am not the only one.
while i completely agree all knowledge of these crimes needs to come forward i think around the time of abu G this story came out already, the few senators (tho as i recall it was fienstien) were informed but forbidden under some oath to disclose.
there is a rovian quality to this story.
i don’t know how relevant this is but there is a long standing riff between harman and pelosi. quoting greenwald
Harman’s most vociferous defenders are the most extreme Bush followers and neoconservatives. It is their agenda whom she promotes (which is why they defend her).
In light of that history, why would anyone think that Nancy Pelosi should choose Jane Harman to be the Chair of the House Intelligence Committee, a key position for exercising desperately-needed oversight over the administration’s last two years of intelligence mischief and, as importantly, for investigating and exposing the administration’s past misconduct? She instinctively supports, or at least acquieses to, the administration’s excesses, and would be among the worst choices Pelosi could make.

just sayin’. no formal objections were raised . if this was so secretive who was also there privy to this information? who leaked the story and why now? it is just curious thats all.
not new again here.
the response here, i am sure, is exactly the point of the story. i am not pavlov’s dog.

Posted by: annie | Dec 9 2007 18:18 utc | 27

@annie – on might think the WaPo piece is a partisan attack on Pelosi etc. It doesn’t seem to me to be such as she did not deny the issue even though she was asked.
I am sure she did knew there was torture involved in these “interogations”.
As for secrecy. It doesn’t mean people in the committee can’t talk at all. If they learn of something illegal, they certainly have a duty to report this at least to the legal authorities. They also have multiple ways of letting things known without livting the “secret”.
For example, Pelosi could have introduced a law that explicitely forbids waterboarding under any circumstances without saying anyone why she would introduce that. Reporters would have sniffed out the background and things would have been out pretty soon.
I don’t see any excuse for her.

Posted by: b | Dec 9 2007 18:51 utc | 28

we’re pretty well conditioned to the accceptance that our intelligence & clandestine folks sometimes have to do unpleasant & “un-reportable” things to “protect” us, but thats another topic by itself.
and now torture rears its ugly head. So we engage the issue on the Hill. Oversight by our highest elected offcials. And they look into the matter off what’s torture, whats not. But how does oversight work in the absence of reportables. A water-boarding or electrical Q&A is very reportable. Video-tapes would serve the purpose, better still, live video feeds into the House chamber, of torture-in-progress. Youtube ? Why not ? The question is — are we ready to defer the issue of torture (in our name) entirely to bureaucrats, faceless operatives and/or a few suitably cleared members of the Hill.
nobody wants to be on House ccommitee that views live-in-progress-as-we-speak torture from Abu Graib or Gitmo on Wednesday mornings. Thats an easy one to solve. All torture must be reportable & reported to all Hill members via detailed transcipts by COB, Wednesday.

Posted by: jony_b_cool | Dec 9 2007 20:43 utc | 29

Dunious: Lawyers Cleared Destroying Tapes

Lawyers within the clandestine branch of the Central Intelligence Agency gave written approval in advance to the destruction in 2005 of hundreds of hours of videotapes documenting interrogations of two lieutenants from Al Qaeda, according to a former senior intelligence official with direct knowledge of the episode.

The former official spoke on condition of anonymity because there is a continuing Justice Department inquiry into the matter. He said he was sympathetic to Jose A. Rodriguez Jr., the former chief of the clandestine branch, who has been described by intelligence officials as having authorized the destruction of the tapes. The former official said he was concerned that Mr. Rodriguez was being unfairly singled out for blame in the destruction of the tapes.
The former official said Mr. Rodriguez decided in November 2005 that he had sufficient authority to destroy the interrogation videos, based on the written authorization given to him from lawyers within the branch, then known as the Directorate of Operations.
The C.I.A. has said that the two interrogations shown in the videotapes occurred in 2002, and that the taping of interrogations stopped that year. On Monday, however, a lawyer representing a former prisoner who said he was held by the C.I.A. said the prisoner saw cameras in interrogation rooms after 2002.

Posted by: b | Dec 11 2007 6:26 utc | 30

ABCNews: CIA Spy Calls Waterboarding Necessary But Torture

A leader of the CIA team that captured the first major al Qaeda figure, Abu Zubaydah, says subjecting him to waterboarding was torture but necessary.
In the first public comment by any CIA officer involved in handling high-value al Qaeda targets, John Kiriakou, now retired, said the technique broke Zubaydah in less than 35 seconds.
“The next day, he told his interrogator that Allah had visited him in his cell during the night and told him to cooperate,” said Kiriakou in an interview to be broadcast tonight on ABC News’ “World News With Charles Gibson” and “Nightline.”
“From that day on, he answered every question,” Kiriakou said. “The threat information he provided disrupted a number of attacks, maybe dozens of attacks.”

“Each one of these steps, even though they’re minor steps, like the intention shake, or the open-handed belly slap, each one of these had to have the approval of the deputy director for operations,” Kiriakou told ABC News.

Zubaydah was mentally ill. None of his information turned out to be true. The “attacks” he described were all phantasy.

Posted by: b | Dec 11 2007 6:52 utc | 31

thank you annie at 11….
to Uncle Scam,
J O’Neill was a thorn in the side of the PTB, and was shunted to the WTC, as a sort of demotion, or even punishment, a disguised downgrading, anyway, get rid of this guy, send him into the action, and then he died, in the WTC, which was maybe expected, hoped for, possibly, but *not* directly planned. (imho.) It fell out that way. Plans should always be very flexible and allow for plausible deniability – distance, imponderables, the who-knows factor, etc.
He should never have accepted that job. And he may even have know that himself and acted out of misguided hubris, a challenge to fate. That lost him his life. Easy to opine and burble afterwards, sure. An unsung hero – where is his grave, where can one pay tribute? Not.

Posted by: Tangerine | Dec 11 2007 17:06 utc | 32