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.
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