Jose Rodriguez brings the push-back

The undoing of the criminal conspiracy that has been attempting to pass itself off as a presidency may face it's undoing because it chose the wrong guy to try to make a patsy of.

Jose Rodriguez is showing no signs of going gently into that dark night. Quite the opposite, in fact - he has not only lawyered up, he has hired Robert Bennett. Bennett is the guy you hire when you are not just going to stand your ground, but you intend to capture the other guys flag...

Just. To. Make. Your. Point.

Rodriguez is well known in the intelligence community as one of the most cautious men on the face of the earth. People who know him all state, without even an inkling of reservation, that the thought of Jose Rodriguez making a unilateral decision to destroy those tapes is simply unthinkable. It is something he would never do. Period. Not without direct orders from someone of a sufficiently higher pay grade.

This is going to reach deep into the White House. We already know that four administration attorneys were involved in discussions about what to do with the videotape evidence. Not only were White House attorneys involved, but the evidence was withheld from the 9/11 Commission, and destroyed after the Commission delivered their findings.

The House Intelligence Committee has summoned Rodriguez to appear on January 16, and Chairman Sylvestre Reyes has indicated he isn't looking for scapegoats, he is looking for the truth - and that is an indication that Reyes might offer Rodriguez the immunity he is obviously angling for in exchange for his testimony.

Larry Johnson thinks it's going to go high up the chain, too. “The CIA and Jose Rodriguez look bad, but he’s probably the least culpable person in the process. He didn’t wake up one day and decide, ‘I’m going to destroy these tapes.’ He checked with a lot of people and eventually he is going to get his say. He has been starting to get his story out and was smart to get Bennett.”

“It looks increasingly as though the decision was made by the White House,” said Johnson. He believes it is “highly likely” that Bush saw one of the videos, as he was interested in Zubaydah’s case and received frequent updates on his interrogation from George Tenet, the CIA director at the time.

It has emerged that the CIA did preserve two videotapes and an audiotape of detainee interrogations conducted by a foreign government, which may have been relevant to the trial of Zacarias Moussaoui, the Al-Qaeda conspirator.

The CIA told a federal judge in 2003 that no such recordings existed but has now retracted that testimony. One of the tapes could show the interrogation of Ramzi Binalshibh, a September 11 conspirator, who was allegedly handed to Jordan for questioning.

Seven years of Machiavellian machinations, hubris and arrogance driving policy, disdain for anyone deigning to question the administration, and a pervasive attitude of "it isn't treason if the president is the traitor" passed it's sell-by date a long freakin' time ago. It has even led them to try to make Jose Rodriguez their fall guy.

But Rodriguez is nobody's dupe, and too many people know him too well. Immunize him, Mr. Reyes, and let him tell all.

I imagine that prospect has a whole lot of nutsacks shriveling all over the West Wing. And that thought pleases me immensely.

[That's all, folks...]

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Was it Arrogance? Was it Hubris? Whatever it was, somebody needs to GO TO JAIL!!!

Do not pass Go. Do not collect $200. Go directly to jail.

The CIA withheld evidence from the 9/11 Commission, and then destroyed it.

In interviews this week, the two chairmen of the commission, Lee H. Hamilton and Thomas H. Kean, said their reading of the report had convinced them that the agency had made a conscious decision to impede the Sept. 11 commission’s inquiry.

Mr. Kean said the panel would provide the memorandum to the federal prosecutors and congressional investigators who are trying to determine whether the destruction of the tapes or withholding them from the courts and the commission was improper.

A C.I.A. spokesman said that the agency had been prepared to give the Sept. 11 commission the interrogation videotapes, but that commission staff members never specifically asked for interrogation videos.

The review by Mr. Zelikow does not assert that the commission specifically asked for videotapes, but it quotes from formal requests by the commission to the C.I.A. that sought “documents,” “reports” and “information” related to the interrogations.

Mr. Kean, a Republican and a former governor of New Jersey, said of the agency’s decision not to disclose the existence of the videotapes, “I don’t know whether that’s illegal or not, but it’s certainly wrong.” Mr. Hamilton, a former Democratic congressman from Indiana, said that the C.I.A. “clearly obstructed” the commission’s investigation.

What? The? Hell???

I'm not the only one mad as hell about the obstruction of justice - Kean and Hamilton - whose authority to investigate the events of September 11 was granted by both the White House and Congress - are pissed off, too.

And so is Pat Leahy.

On Friday, the Senate Judiciary Committee sent a letter to AG Mukasey and DNI McConnell, specifically instructing them to "preserve and produce to the committee all remaining video and audio recordings of 'enhanced interrogations' of detainees in American custody." The letter was signed by Chairman Leahy and Ranking Member Specter, and requested an extensive search of the White House, CIA facilities and other intelligence agencies to determine whether or not other recordings exist that might show interrogation techniques “including but not limited to waterboarding.”

Officials speaking for the government have steadfastly maintained that the evidence destroyed in 2005 were the only recordings made by employees of the CIA, but the lie was put to this claim in September when attorneys who represent the government informed a federal judge in Virginia that three more recordings of detainee interrogations had been discovered.

As easy as it is to believe the absolute worst about this craven cabal, I keep reminding myself that at their very core, they are a bunch of Mayberry Machiavellis, and they are completely out of their depth. If they weren't incompetent, we would really be screwed.

[That's all, folks...]

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The CIA torture-tape case isn't going away

In a terse, one-sentence order issued Tuesday, Federal Judge Henry H. Kennedy rejected the Justice Department's appeal to let DoJ cover up investigate the destruction of videotapes that showed the torture interrogation of terrorism suspects.

Instead of rolling over and playing dead for the DoJ, Kennedy ordered the attorneys to appear before him at 11:00 a.m. Friday. He offered no hint at what he might ask the attorneys, or why the order was issued.

Judge Kennedy is not likely to be too inclined toward sympathy for the administrations position, however - in 2005, he personally issued the order to the administration to maintain "all evidence and information regarding the torture, mistreatment, and abuse of detainees now at the United States Naval Base at Guantanamo Bay."

Five months after Kennedy's original order was issued, the CIA destroyed the videos anyway, and DoJ threw up a feeble smokescreen, asserting that the videos weren't covered, since the interrogation didn't take place at Guantanamo, but instead was conducted at a secret CIA "black site" in Thailand.

So now we have one pissed-off Federal Judge, and pressure mounting for a Special Prosecutor to look into the matter. And an issue that is not going to go away any time soon.

[That's all, folks...]

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Meet the New Boss...Same as the Old Boss

Well , it certainly didn't take the new Attorney General long to start throwing up roadblocks to interfere with congressional investigations that might expose the current occupant of the Oval office as a torture-lovin' thug who gave illegal orders and is absolutely guilty of every war crime the left has accused him of since the invasion of Iraq.

The Department of Justice is refusing to provide DoJ documents to congressional committees that might clarify any role the department had in the decision to destroy the video evidence. But the Department of Justice is not just refusing to cooperate with congressional inquiries into the destruction of videotapes by the CIA that show terrorist suspects being tortured - they are requesting that congress shelve their own inquiries into the matter.

The Justice Department request was met with anger from both Republican and Democratic members of the House Intelligence Committee, who said the department was trying to interfere with their investigation. The committee had summoned two C.I.A. officials to testify at a hearing next week, a session that will now almost certainly be postponed.

The inquiry by the House committee had been shaping up as the most aggressive investigation into the destruction of the tapes, and in a written statement on Friday, the two senior members of the panel said they were “stunned” by the Justice Department’s request.

The lawmakers, Representative Silvestre Reyes, Democrat of Texas, and Representative Peter Hoekstra, Republican of Michigan, threatened to issue subpoenas to get testimony and other information from the C.I.A. “There is no basis upon which the attorney general can stand in the way of our work,” they said.

The committee had demanded that the C.I.A. produce all cables, memorandums and e-mail messages related to the videotapes, as well as the legal advice given to agency officials before the tapes were destroyed. Friday’s deadline passed without the arrival of any of those C.I.A. records on Capitol Hill.

The DoJ and the CIA are conducting a theatrical exercise joint inquiryto determine how the tapes came to be destroyed, who authorized the destruction of evidence, and the legality of the action.

The Congressional inquiry follows the same path, but are also interested in determining if anyone in the Executive branch was involved in the decision to destroy the tapes in an effort to suppress evidence of torture.

Meanwhile, Hayden now finds himself in a difficult position - having pledged cooperation to all investigative bodies, the DoJ, the IG for the CIA and the Congress.

Mukasey was busy giving the high-hat to requests from Congressional committees that oversee Justice itself, while the committee members (some of whom confirmed his ass over the strenuous objections of left-wing nut jobs like yours truly...) sent along sternly worded letters demanding that, by golly, the time was nigh to come clean.

Mukasey's response? “At my confirmation hearing, I testified that I would act independently, resist political pressure and ensure that politics plays no role in cases brought by the Department of Justice,” Mr. Mukasey wrote in one letter. Accordingly, he went on, “I will not at this time provide further information in response to your letter.”

=========================

And the more things change...the more they stay the same.

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Mukasey in the Hot Seat

During his confirmation hearings last fall, new Attorney General Michael Mukasey pledged to act independently and swore that he would not hesitate to pursue investigations that might displease the Bush administration.

A month in, he is faced with calls for an investigation into the destruction of video of interrogations of terror suspects that show the men being tortured. Such an investigation would delve into the heart of darkness itself, and expose some of the most closely guarded secrets of the Bush administration, highlighting the "aggressive interrogation" favored - nay lusted after - by the small men in the administration for what it is: Torture.

Torture is a crime against humanity, under treaty as well as international statute.

Last week, Senator Dick Durbin (D - IL) officially requested the Attorney General open an investigation into the destruction of the tapes. "The CIA apparently withheld information about the existence of these videotapes from official proceedings, including the 9/11 Commission and a federal court," Durbin charged in the letter he sent to Mukasey.

But this story just keeps getting weirder and weirder:

Justice officials refused to comment on what the new A.G. will do, but White House spokeswoman Dana Perino said that if he does open an investigation, the White House would support him. The videotapes, made in 2002, showed the questioning of two high-level Qaeda detainees, including logistics chief Abu Zubaydah, whose interrogation at a secret cell in Thailand sparked an internal battle within the U.S. intelligence community after FBI agents angrily protested the aggressive methods that were used. In addition to waterboarding, Zubaydah was subjected to sleep deprivation and bombarded with blaring rock music by the Red Hot Chili Peppers. One [FBI] agent was so offended he threatened to arrest the CIA interrogators, according to two former government officials directly familiar with the dispute. [emphasis added]

Yes. You read that right. An FBI agent was so put off by what he witnessed, he threatened to take the CIA interrogators into custody. And when an FBI agent threatens to arrest CIA agents,it is safe to say that the CIA agents have definitely crossed a bright line.

[Keep reading...]

Officials with the CIA claim that the decision was made three years ago to destroy the tapes. The "reason" the CIA gives for the destruction is laughable: The identity of the torturers interrogators might pose a security risk if the tapes were to leak.

Please.

Spare me.

The identity of the interrogators might pose an incarceration risk.

And if they were acting on orders from the White House, they would most likely say so before they went to prison for a long time for committing war crimes.

The CIA destroyed the tapes in spite of requests for records of interrogations by multiple entities, includign the Senate Intelligence Committee and the 9/11 Commission. Representative Jane Harman, then the ranking Democratic member of the House Intelligence Committee had also submitted a written directive that videos of interrogations be preserved.

Additionally, in the trial of Zacharias Moussaoui , defense attorneys requested any video of interrogations, but the CIA told a Federal judge that no videos existed. (Got Perjury? Hows about Obstruction of Justice?)

A thorough investigation into the destruction of the video tapes by the Justice Department would be undertaken with one goal: Find out who issued the orders and make that person accountable. Porter Goss was the CIA Director at the time, and thought he had an "understanding" with ops officials that the tapes would be preserved. He reportedly was extremely unhappy when he learned that the tapes had been destroyed. Meantime, Jose Rodriguez, who as head of the Clandesting Service at the time and issued the destroy order has a reputation as a "loyal subordinate" who would never have taken it upon himself to make such a decision.

Whoever ordered that the tapes be destroyed, all eyes are on Mukaey now.

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BREAKING: No Stay of Sentence for Scooter

A glimmer of Justice was seen flickering in the sunlight today when the three-judge appeals panel unanimously rejected the plea by Scooter “Treason” Libby to remain free on bond while appealing his sentence. Instead, he will have to report to prison in just a few weeks to start serving his much-to-short sentence.

Look for the apparatchiks who place Party over country and the rule of law to turn up the volume on their bleating about dedicated public servants. (Who happen to commit treason and successfully obstruct justice!)

And when they start in, call them on it. Mock them, ridicule them, and question their patriotism. At least with them and their ilk it’s justified, because they do excuse treason. (Fred Thompson, I'm calling you out right now.)

Scooter, one word of advice. Don’t drop the soap, lest what happened to our country with your mendacious assist could very well happen to you.

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We Are Beyond Politics, Its Time To Enforce The Law

Today the Bush Administration admitted it had destroyed computer evidence that was legally required to be maintained. Forensic computer experts consistently state that, with the right effort, just about anything can be recovered from a hard drive. Even when things cannot be recovered, there are traces, bits, pieces, etc. there that, at a minimum, indicate the previous existence of the items and their characteristics. If this is really true, and it sure appears to be, then the clear cut violation of the Presidential Records Act serves as an unassailable predicate for the seizure of the appropriate computers and hard drives from the Administration. They should be so seized and analyzed; they will either show evidence that confirms the emails and documents in question were there and erased, including WHEN they were erased, or alternatively it will result in a finding that hard drives were replaced with clean ones in an attempt to obstruct justice (and an attendant conspiracy case that would boggle the mind). Substantive criminal evidence results either way, and the public is entitled to the discovery of that evidence. There is no legitimate basis for the Administration to refuse this either; the predicate crime has been directly admitted by them already, and this places the matter beyond executive privilege under Nixon v. US. This is simply not politics anymore, that canard is over; this is criminal behavior that strikes at the heart of our democracy, open and accountable government. The time has come to investigate and prosecute; end of story.

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