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Think Progress

December 12, 2007
by Faiz Shakir, Amanda Terkel, Satyam Khanna, Matt Corley, and Ali Frick
TORTURE

Destroying Accountability

CIA Director Michael Hayden is set to appear before the House Intelligence Committee today in a closed-door hearing to answer questions about the CIA's destruction of videotapes documenting the torture of detainees. After testifying to the Senate Intelligence Committee yesterday, Hayden told reporters he had laid out "the narrative, the history of why the tapes were destroyed." But since the interrogations were first videotaped under George Tenet in 2002, and later destroyed under Porter Goss in 2005, Hayden was either unable or unwilling to provide full answers. "Other people in the agency know about this far better than I," said Hayden. Committee Chairman John Rockefeller (D-WV) called the 90-minute session "a useful and not yet complete hearing." Still remaining unanswered is "who authorized destruction of the tapes, and why Congress wasn't told about it."

DESTRUCTION DENIAL: As with the Abu Ghraib abuse scandal, top Bush administration officials are denying any knowledge of the acts and pinning the blame on lower-ranking officials. President Bush has repeatedly asserted that he had "no recollection of being made aware of the tapes or their destruction," and Vice President Cheney reportedly "learned about the tapes and their destruction at the same time" as Bush. Secretary of State Condoleezza Rice said, "I myself don't recollect any knowledge of the tapes." Then-White House counsel Harriet Miers knew about the CIA's plans, but supposedly urged the agency not to destroy the tapes. Even Goss, who was CIA director in 2005, said that he "was not informed in advance." The full blame for the destruction of the tapes has now fallen on Jose Rodriguez, then the CIA's head of the clandestine division. By denying any involvement, all these Bush administration officials are claiming that Rodriguez undertook the destruction of the tapes in a unilateral manner. But several former CIA colleagues describe Jose Rodriguez as "a cautious operator who probably would have ensured that top CIA managers knew of the plan" to destroy the torture tapes. One former official said Rodriguez was concerned that mid-level officers would get in trouble despite the fact "they were carrying out the direction from higher-ups."

TORTURE IS NOT DONE 'WILLY NILLY': Beyond the destruction of the tapes, administration officials are even trying to distance themselves from knowledge about the 2002 interrogations and the fact that they were videotaped. But earlier this week, John Kiriakou -- the CIA official who headed the team that interrogated al Qaeda leader Abu Zubaydah -- confirmed that Zubaydah was waterboarded. When asked by NBC News whether the White House was "involved" in the decision to waterboard Zubaydah, whose interrogation was captured on one of the videotapes, Kiriakou concurred: "Absolutely." "This isn't something done willy nilly," he said. "It's not something that an agency officer just wakes up in the morning and decides he's going to carry out an enhanced technique on a prisoner. This was a policy made at the White House." While Hayden has claimed that "videotaping stopped in 2002," a lawyer representing former CIA detainee Muhammad Bashmilah, said that his client "saw cameras in interrogation rooms after 2002."

CIRCLING THE WAGONS: Broader questions about the administration's torture policies have reemerged during this recent debate. During his nomination hearing, Attorney General Michael Mukasey refused to say whether or not waterboarding is torture. On Monday, Sen. Russ Feingold (D-WI) requested that Mukasey finally answer this question. "[N]ow that you have been sworn in as our nation's Attorney General and presumably have been briefed on the program," wrote Feingold, "I urge you to provide your views on its legality to Congress at the earliest possible date." But in his first public statements regarding the CIA's destruction of the torture tapes, Mukasey said yesterday he "refused to be rushed into deciding whether he considers waterboarding a form of torture." In a Los Angeles Times op-ed on Monday, Morris Davis, formerly the chief prosecutor for the military commissions at Guantanamo Bay, revealed that he had stepped down on Oct. 4 because the Bush administration had placed him under the chain of command of Defense Department General Counsel William J. Haynes, a torture advocate and close Cheney ally. "[T]he decision to give him command over the chief prosecutor's office, in my view, cast a shadow over the integrity of military commissions," wrote Davis. During a Senate Judiciary Committee hearing on torture yesterday, Sen. Dianne Feinstein (D-CA) revealed that the Pentagon had blocked Davis from testifying before the committee. "The Defense Department has ordered him not to appear," said Feinstein.

UNDER THE RADAR

AFGHANISTAN -- GATES SLAMS NATO FOR IGNORING AFGHANISTAN, MULLEN ADMITS IT'S A LOW PRIORITY: Testifying to the House Armed Services Committee yesterday, Secretary of Defense Robert Gates criticized NATO countries "for not supplying urgently needed trainers, helicopters and infantry for Afghanistan as violence escalates there." "I am not ready to let NATO off the hook in Afghanistan at this point," Gates said, expressing frustration at "our allies not being able to step up to the plate." NATO may be responding to the United States's own message of priorities. Chairman of the Joint Chiefs of Staff Adm. Michael Mullen "said the war in Afghanistan was an 'economy of force' operation, a military label for a mission of secondary importance." "Our main focus, militarily, in the region and the world right now is rightly and firmly in Iraq," Mullen said. "In Afghanistan, we do what we can. In Iraq, we do what we must." Last month, the White House issued a pessimistic assessment of progress in Afghanistan, concluding "that the wide-ranging strategic goals that the Bush administration set for 2007 have not been met." 

TORTURE -- GITMO ADVISER REFUSES TO SAY WHETHER IRANIANS WATERBOARDING AMERICANS WOULD BE TORTURE: During a Senate Judiciary Committee hearing on "The Legal Rights of Guantanamo Detainees" yesterday, Brigadier General Thomas W. Hartmann, the legal adviser at Guantanamo Bay, repeatedly refused to call the hypothetical waterboarding of an American pilot by the Iranian military torture. Sen. Lindsey Graham (R-SC) asked him directly if it would be a "violation of the Geneva Convention." Hartmann again said he wasn't "prepared to answer that question." Hartmann's non-answer is reminiscent of State Department Legal Adviser John Bellinger's refusal in October to condemn "the use of water boarding on an American national by a foreign intelligence service." But other administration lawyers differ. In 2004, after then-acting assistant attorney general Daniel Levin had himself waterboarded, he concluded that the interrogation technique "could be illegal torture"; he was then forced out of the Justice Department when Alberto Gonzales became Attorney General. Graham, a former military judge advocate, has said before that someone doesn't "have to have a lot of knowledge about the law to understand this technique violates Geneva Convention Common Article Three."

ADMINISTRATION -- BIDEN ASKS WHETHER WHITE HOUSE'S PRESERVATION ORDER COVER CHENEY? After the media revealed last Thursday evening that the CIA had destroyed torture tapes, the White House and the Department of Justice delayed sending out a preservation order ensuring that federal government employees did not further destroy evidence. On Monday, the White House finally announced the preservation order but did not specify how far reaching the order is. Yesterday, Sen. Joseph Biden (D-DE) wrote to White House Counsel Fred Fielding asking the White House to specify. "Please confirm that the directive to preserve documents applied to the Executive Office of the President, including the National Security Council, in addition to immediate White House staff. In light of the Office of the Vice President's record of fatuous arguments that it is not subject to the authority of the President, please also confirm that the directive included the Office of the Vice President and that the Office of the Vice President intends to comply," Biden said. "Absent a preservation order, there is substantial risk that the torture evidence will disappear," noted lawyers from the Center for Constitutional Rights.


THINK FAST

Days after the CIA admitted it destroyed interrogation tapes, a U.S. appeals court ordered the Bush administration "to preserve any evidence relevant" to the case involving Majid Khan, a U.S. national held at Guantanamo Bay who alleges he was tortured while in CIA hands.

According to NASA scientists, "Through the first 11 months, 2007 is the second warmest year in the period of instrumental data, behind the record warmth of 2005."

"Forty people were killed and more than 125 wounded when three car bombs exploded in quick succession in the Shi'ite city of Amara in southern Iraq on Wednesday." The attacks "were among the deadliest this year in southern Iraq and came as tensions ran high across the region."

Chairman of the House Judiciary Committee John Conyers (D-MI) and committee member Rep. Steve Chabot (R-OH) struck a deal "on a piece of housing legislation that would give bankruptcy-court judges more flexibility to alter the terms of certain mortgages." A markup of the bill will be held today.

Attempting to break a congressional impasse on appropriations legislation, Rep. David Obey (D-WI) advocated eliminating all congressional earmarks. While Speaker Nancy Pelosi (D-CA) said she was open to the idea, the plan "ran into deeply skeptical senators from both parties." 

Yesterday, Rep. Rush Holt (D-NJ) wrote to Attorney General Mike Mukasey requesting that he "immediately appoint an independent counsel to investigate the circumstances surrounding" the destruction of interrogation tapes by the CIA.

The U.S. Sentencing Commission voted unanimously yesterday to reduce the large disparity between punishments for crack and powder cocaine offenders, giving approximately 20,000 federal inmates incarcerated for crack offenses a chance to reduce their sentences. The Bush administration strongly opposed the vote, arguing "it will make thousands of dangerous prisoners, many of them violent gang members, eligible for immediate release."

"Our main focus, militarily, in the region and in the world right now is rightly and firmly in Iraq," Joint Chiefs of Staff Chairman Mike Mullen testified yesterday. "It is simply a matter of resources, of capacity. In Afghanistan, we do what we can. In Iraq, we do what we must."

"President Bush hailed a decade-long decline in teen drug use as proof that his administration's drug interdiction efforts are working. ... Bush said he wanted to 'celebrate progress' while acknowledging that there is still work to be done on curbing teen drug use."

And finally: Colbert is getting bored. "With his show in reruns while the writers continue to strike, Stephen Colbert needs something to do." The comedian was spotted walking across the National Mall in Washington, D.C. on Tuesday "with a large portrait of himself on his back."



INTERNSHIPS

The research team that brings you The Progress Report and ThinkProgress.org needs spring interns! Click here for more information.

GOOD NEWS

"The United Nations announced Wednesday it is joining the growing worldwide effort to go 'climate neutral.'"

STATE WATCH

WASHINGTON: "Ten initiatives to reduce homelessness in Washington by providing housing, services and other support will share $15.8 million in grants."

MAINE
: "Starting in 2009, every child born in Maine will be eligible for $500 toward college," donated by a prominent benefactor.

POLITICS: Analysts predict that "state races in 2008 will be shaped, mostly indirectly, by public attitudes towards" the Iraq war.

BLOG WATCH

THINK PROGRESS: After opposing resolutions on Ramadan and Diwali, Rep. Steve King (R-IA) introduces a Christmas bill.

SCIENCE DEBATE 2008: Leading scientists, science writers, and science bloggers call for a presidential debate on science and technology.

OPEN LEFT: Polls show opposition to Iraq war is connected to causes for war, not violence levels.

GRISTMILL: CBS frames global warming question negatively, wonders if it's "overblown."

DAILY GRILL

"[V]ideotaping stopped in 2002."
-- CIA Director Michael Hayden, 12/6/07

VERSUS

"[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."
-- New York Times, 12/11/07


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