Are the CIA torture tapes MIA?

I received my No Quarter email last evening that alerted me to a Larisa Alexandrovna question of whether the CIA torture tapes were destroyed in 2005. Larry Johnson responded:

For starters [it] appears that the June 2005 decision of the Italian judge to issue arrest warrants for C.I.A. officers and contractors involved in the kidnapping of Hassan Mustafa Osama Nasr in 2003 may have been the precipitating incident convincing Jose Rodriguez that [the] Agency must destroy video tapes of terrorist interrogations. That operation was conducted with the full knowledge and approval of the Italians. If the Italians could flip on us that meant anyone could.

Then Larry laid out an extensive timeline filled with juicy details. A few to note: "Zubaydah is interrogated in Thailand, where the sessions were filmed. He was waterboarded sometime in the May-June 2002 time frame. Enhanced interrogation methods were used and approval for them came from Jim Pavitt... ...Deputy Director of Operations.... ...What we know for certain is that the CIA was keeping the President and his National Security team fully briefed on the methods and results of interrogating Abu Zubaydah. In fact, it is highly likely that George Tenet showed part of the videotape of the interrogation to the President."

That makes WH press secretary Dana Perino another willing shill for the Torturer-in-Chief who said he didn't remember "hearing about the tapes' existence or their destruction before being briefed about it last Thursday." And we can trust him because why?

On May 9, 2003, with regard to United States v. Zacarias Moussaoui, Larry wrote, "C.I.A. declares in sworn statement to Judge Leonie Brinkema that it was not recording interrogations of terrorist suspects in any format." Oops! Caught in a flat-out lie. If not for Bush, I'd say with certainty that someone's going to jail. After Scooter Libby, I'm not so confident.

On Nov. 14, 2005, the CIA reaffirmed the "U.S. Government does not have any video or audio tapes of the interrogations of (two terrorist suspects whose names are blacked out)” to the US District Court. Another lie.

Now let's fast forward to the 2007 portion of Larry's timeline that raises doubts about torture tapes having been destroyed.

[Keep reading...]

13 September 2007–C.I.A. notifies the U.S. Attorneys in Richmond, Virginia that it had discovered the videotape of the interrogation of terrorists whose names are blacked out in the declassified letter (see. p. 2 of the letter) [PDF].

19 September 2007–The U.S. Attorneys view the video tape. Attorneys direct the C.I.A. to search its files again for relevant material.

18 October 2007–C.I.A. provides the U.S. Attorneys with an additional video tape and an audio tape of an interrogation. The U.S. Attorneys compare the video tapes with the operational cables (i.e., written reports) reporting the results of the interrogations. They determined that the reports accurately reported what was viewed on the video tape.

This is an important point–the substance of what transpired during those interrogations was given to the Moussaoui defense team.

So. Who did what?

Jose Rodriguez has been fingered as acting unilaterally, but that is not true. He did check with both the IG and the DO’s assigned Assistant General Counsel before destroying the DO’s copies of the tapes. Although Jose is a lawyer, he made the mistake of trusting fellow lawyers, and now is likely to get chopped up in the political meat grinder while trying to clear his name and reputation. The only thing that might save him a bit is that he and Congressman Reyes are buddies, which is what Congressman Reyes may have meant when he told the NYT today that he (Reyes) “was not looking for scapegoats.”...

...Jose Rodriguez did not consult beforehand with Kyle “Dusty” Foggo. However, Jose did inform Dusty subsequently of the advice he received from the OGC’s counsel. Jose may not be in as much trouble as some imagined. If he destroyed the tapes before November 14, [2005] then the C.I.A. told the truth to the judge. The May 2003 date puts the onus on Jim Pavitt and George Tenet rather than Jose Rodriguez. They knew about the tapes and the C.I.A. General Counsel lied to a Federal Judge. Who told whom what then? That’s going to be the interesting question.

An interesting question for Michael Hayden as he testifies before the Senate and House intel committees today and tomorrow.

Where are the tapes the U.S. Attorneys reviewed in September and October of this year? Were they copies of edited versions? What about the Moussaoui defense team? What else is missing besides the tapes and the truth. So many questions yet to be answered.

On Thursday, Hayden told CIA employees that “videotaping stopped in 2002”, but another imprisoned detainee, Muhammad Bashmilah, said he saw cameras "both in his cells and in interrogation rooms, some on tripods and some on the wall." His detention began in 2003 into 2005 before his release. Adding more fuel:

In a related legal action, lawyers representing 11 inmates of the American military detention center at Guantánamo Bay, Cuba, filed an emergency motion on Sunday seeking a hearing on whether the government has obeyed a 2005 judge’s order to preserve evidence in their case.

The C.I.A.’s destruction of tapes “raises grave concerns about the government’s compliance with the preservation order entered by this court,” the lawyers, David H. Remes and Marc D. Falkoff, wrote in their motion.

The June 2005 order, signed by Judge Henry H. Kennedy Jr., of the United States District Court in Washington, required the government to “preserve and maintain all evidence and information regarding the torture, mistreatment and abuse of detainees” at Guantánamo.

Uh oh. I need to amend my order for a case of popcorn on this story.

Seriously, unless Congress appoints a Special Counsel to investigate the destruction of evidence, including millions of missing WH emails -- so much to probe -- I doubt we'll ever know the unvarnished truth and see justice served to a WH much, much worse than Watergate. Maybe that's the way they like it.

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Pushback against the NIE on Iran

UPDATED AFTER THE BREAK

Over the past five days, the pushback against the NIE findings would amuse of it weren't such an indictment of our rotting press corpse compounded by the tragic consequences of a rogue presidency, Bushie's neocon sweeties, and the Repub intel committees that let the preznut run amok.

The usual wingnuts -- certifiable Bushwackos who ultimately make million$ reaching millions with erroneous infotainment news and opinion -- have lined up to discredit the NIE, the most unpoliticized and authoritative intelligence assessment on Iran in years. The mission: Protect their precious ideology and the worst president in U.S. history who continues to hype the Iranian threat. Ergo, trash the NIE, Democrats, the IAEA, ElBaradei, Europeans, and Bill Clinton to persuade people their Dear Leader's foreign policy isn't a national security train wreck.

A sampling of this week's propaganda about the NIE:

[Keep reading...]

* Steve Benen's Fox News roundup, a thorough report on Tuesday's contentious talking points from the Bushwacko Right.

* Crooks and Liars alerts us to the alleged CIA plot to subvert the Bush Doctrine authored by the head psychotic of the neocon ward, Norman Podhoretz, also foreign policy advisor to Rudy Giuliani. More in-depth details here.

* ThinkProgess dares to go where I prefer not to tread without galoshes for my keyboard ...further deconstruction of Podhoretz' reaction to the NIE. "He insisted the Iranians were very close to developing a nuclear weapon" and likens negotiating with Iran to the same effect that "Munich had with Hitler." See the TP Update for a creative conspiracy theory: It's a plot to affect the elections! Ooga booga!

* Former CIA analyst Larry Johnson leads us through the twisted minds of neocons gone ballistic.

* Emptywheel reveals John Bolton's warped history, one caveat of which was featured in a Dec. 6 Washington Post editorial, The Flaws In the Iran Report. More pushback on the IC's new sourcing rules used for the NIE. Plus, a nifty NIE timeline so you can keep track of who boosted what and lied when.

* Katrina vanden Heuvel at The Nation takes The Post's Al Kamen to the woodshed for his "snarky" hit job on the IAEA's Director General Mohamed ElBaradei and his remarks about the NIE. The quote with ouch from Katrina: "Maybe Kamen and his paper should set aside some time to reflect on how dead wrong they were in blasting ElBaradei on his Iraq assessment." Self-awareness dips low at the WaPo's editorial page so mendacity abounds.

* Bolton on CNN without a disclaimer... shameless. How can CNN advertise itself as "the most trusted name in news" and grant air time to an untrustworthy neocon kook? Dec. 4:

BOLTON: Well, I think it's potentially wrong. But I would also say many of the people who wrote this are former State Department employees who, during their career at the State Department, never gave much attention to the threat of the Iranian program. Now they are writing as members of the intelligence community, the same opinions that they have had four and five years ago.

BLITZER: President Bush says he has confidence in this new NIE, and he says they revamped the intelligence community after the blunders involving weapons of mass destruction in Iraq. He says there's a whole new community out there and he has total confidence in what the national intelligence director is doing.

BOLTON: Well, I have to say I don't. I think there's a very real risk here that the intelligence community is like generals fighting the last war. They got Iraq wrong and they're overcompensating by understating the potential threat from Iran.

* More Bolton lunacy on Iran. See and hear him live raving at YouTube -- Dec. 4 on O'Reilly's spinathon in defense of Bush's Iranian warmongering despite the NIE -- Dec. 4 on CNN when Bolton slammed the NIE (excerpts above) -- his desire in August to attack Iran within six months -- earlier in June more warmongering against Iran for arming the Taliban (whom Shiite Iran hates) in Afghanistan -- and earlier in May, Bolton "hoped" that Iran would withdraw from the NPT or to expel IAEA inspectors. Bolton either requires medication for his delusions or he's a stone-cold sociopath. Take your pick.

* Tom Friedman's brain gasping like a hooked brook trout flopped from its cranium to lunge at parody -- an Iranian NIE on America -- that implicitly trivialized the American NIE on Iran:

As you’ll recall, in the wake of 9/11, we were extremely concerned that the U.S. would develop a covert program to end its addiction to oil, which would be the greatest threat to Iranian national security. In fact, after Bush’s 2006 State of the Union, in which he decried America’s oil addiction, we had “high confidence” that a comprehensive U.S. clean energy policy would emerge. We were wrong.

Stephen Colbert has absolutely nothing to fear.

* Michael Ledeen of the spin tank, the American Enterprise Institute, christens the NIE, The Great Intelligence Scam, at Pajamas Media. I decline to link to his scurrilous dreck so click here for excerpt and the link.

* Where's the ooey-gooey fudge factor with a wingnut center? NRO always delivers the goodies:

[1] If Iran was working on a nuclear weapons program until 2003, what does this say about U.S. policy in the late Clinton period and European engagement?

[2] Are [Democrats] now to suggest that Republicans have been warmongering over a nonexistent threat for partisan purposes? But to advance that belief is also to concede that Iran, like Libya, likely came to a conjecture (around say early spring 2003?) that it was not wise for regimes to conceal WMD programs, given the unpredictable, but lethal American military reaction.

[3] Two years ago, the [Intelligence Community] — the same IC that claimed to have detailed information about Saddam’s weapons of mass destruction, that famously missed the boat on al-Qaeda, and that has had at least two spy networks inside Iran rolled up in the past couple of decades — told us it was all but certain that Iran was “determined to develop nuclear weapons.” [Ed. translation: They were wrong then so they're wrong now.]

[4] What the NIE does not explain — what no one has explained — is why the world’s third-largest exporter of oil and gas needs nuclear power.... ...It’s no secret that careerists at the CIA and State have been less interested in implementing the president’s policies on Iran, Iraq, and North Korea than in sabotaging them at every opportunity. Sources close to the intelligence community question the objectivity of the NIE’s Iran conclusions, and tell us that three principal authors of the report are longtime critics of the administration’s policy who have axes to grind.

[5] The attitude among many people — like say, John Edwards — is that we dodged a bullet with this NIE. But that's only true if this NIE is right. Indeed, as a matter of national security, it seems to me one could make the case that it would be better for the NIE to be wrong the other way. That is to say, if the NIE is wrong, better it be wrong on the side of caution. Which would you rather: An NIE that says Iran isn't pursuing nuclear weapons when it really is? Or, an NIE that says Iran is pursuing nuclear weapons when it really isn't? How you answer that question probably says a lot about how you view foreign policy generally.

The last chewy nugget from Jonah Goldberg seems to justify dishonesty, the kind that led to Operation FUBAR in Iraq. Yes, such distorted morality shrieks loudly about one's foreign policy view.

I'm certain plenty more pushback against the NIE on Iran skips merrily along to a polka beat but I've got to stop delving at this point. My head hurts from propaganda overload.

Can't wait for what Lil' Tim (who's hosting Rudy!) and the roundtables of the Sunday funnies have to say. Serious talk about the success of the Bush Doctrine could upstage the key findings in the NIE. Wanna bet?

Know of other NIE wingnuttery? Leave your picks in Comments. I'll post an update.

UPDATE: Digby (with a h/t to Josh Marshall) noted "the administration was changing its focus from WMD to Iranian influence in Iraq as a justification for the war they insisted must be waged." Summing up, Digby writes (with emphasis):

It seemed obvious to me that the Iran obsessives were working hard to build a case that even if Iran didn't have the bomb, it had declared war on the US by killing our soldiers in Iraq and we had to start bombing them post-haste anyway. Kyl-Lieberman was clearly designed to further that goal, no matter what Clinton and others say about it now.

Their problem seems to be that The Man Called Petraeus's surge has resulted in a decline in violence and urgency about Iraq --- and they couldn't hold back the NIE any longer. (It would have leaked before long with all this warmongering going on.) They finally had to admit that they couldn't get this defective casus bellis off the assembly line.

They knew. A whole bunch of them knew, even that nutcase Ledeen.

Which makes the pushback the empty rhetoric of gnashing teeth.

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Inside the NIE on Iran

Earlier I wrote that the latest NIE reminded me of Saddam's missing WMDs, David Kay's admission -- "we were all wrong" -- and how the Bush-Cheney WH hyped the nuclear threat of Iraq and more recently Iran. I figure when Bush or Cheney say something, it has to be wrong. But:

Thankfully, adults with conscience from 16 agencies dared to contradict the wrong-headed warmongering of the WH with their NIE findings about Iran.

And, once again, the IAEA and its director general, Mohamed ElBaradei, were right.

The front page headline of today's Washington Post explained what made the difference in this NIE, Lessons of Iraq Aided Intelligence on Iran. Better late than never. But don't think for one minute the lessons would have helped if Repubs still controlled the congressional intelligence committees, a point I explored in my previous post.

A few grafs from the WaPo's story:

[Keeping reading...]

The starkly different view of Iran's nuclear program that emerged from U.S. spy agencies this week was the product of a surge in clandestine intelligence-gathering in Iran as well as radical changes in the way the intelligence community analyzes information.

Drawing lessons from the intelligence debacle over supposed Iraqi weapons of mass destruction, Director of National Intelligence Mike McConnell required agencies to consult more sources and to say to a larger intelligence community audience precisely what they know and how they know it -- and to acknowledge, to a degree previously unheard of, what they do not know....

...The new report upended years of previous assessments by asserting that the Islamic republic halted the weapons side of its nuclear program in 2003. The report, while expressing concern about Iran's rapidly growing civilian nuclear energy program, contradicted assertions by top Bush administration officials and previous intelligence assessments that Iran has been bent on acquiring nuclear weapons.

"The new report brings the U.S. intelligence community in line with what the IAEA [International Atomic Energy Agency] and several European governments were saying years ago," said David Albright, a former United Nations weapons inspector and president of the Washington-based Institute for Science and International Security.

In 2005, the CIA formed the Iran Operations Division that "brought analysts and clandestine collectors together to search for hard evidence."

Communications intercepts of Iranian nuclear officials and a stolen Iranian laptop containing diagrams related to the development of a nuclear warhead for missiles both yielded valuable evidence about Iran's nuclear past as well as its decision in 2003 to suspend the weapons side of its program....

...The report also reflects what several officials described yesterday as a new willingness by the intelligence community to analyze intentions in addition to capabilities. While Iran has the scientific, technical and industrial capacity to make nuclear weapons, including knowledge of how to enrich uranium to a level usable in bombs, the new intelligence collected through intercepted communications raised doubts about Iran's intended use of the technology.

The following passage piqued my interest since the Natanz plant in Iran had been mentioned as a potential "bunker-busting" bomb target of U.S. contingency attack plans. As it turns out, DNI offcials demanded...

...a broader array of intelligence sources, including news accounts and other "open sources" that traditionally had carried little weight inside intelligence agencies. In the case of Iran, critical information was gleaned from non-clandestine sources, such as news photographs taken in 2005 depicting the inner workings of one of Iran's uranium enrichment plants, an official said.

Those photos helped persuade analysts that the Natanz plant was suited to making low-enriched uranium for nuclear energy but not the highly enriched uranium needed for bombs.

Go read the article, which covers more details than I've quoted. As always, buckle up and don on your skeptical spectacles when reading inside the Beltway reporting.

For refreshing candor and intel expertise, check Larry Johnson who offers insights into Bush's lie about when he learned Iran had shut down its nuclear program. Johnson also examines the NIE and how the "NIC stepped up and refused to budge despite repeated efforts by Dick Cheney and his minions to gut the effort."

Score one for the home team.

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