Investigations to review destruction of CIA torture tapes

In a move that should surprise no one, the CIA’s decision to destroy videos of “enhanced interrogation techniques” in action has prompted multiple investigations, including a preliminary probe from the Justice Department.

The Justice Department and the CIA’s Office of the Inspector General said Saturday that they had launched a joint inquiry into the CIA’s controversial destruction of videotaped interrogations of two Al Qaeda suspects. The preliminary inquiry would be a first step in determining whether a full investigation and potential criminal charges were warranted. […]

One staffer on the Senate Judiciary Committee, speaking on condition of anonymity because the inquiry is ongoing, said the CIA’s actions could amount to obstruction of justice and false testimony to Congress — both federal crimes — because the agency did not turn over requested interrogation tapes to the congressionally appointed Sept. 11 commission.

The CIA has agreed to “preserve any records or other documentation that would facilitate this inquiry,” Asst. Atty. Gen. Kenneth L. Wainstein, head of the Justice Department’s national security division, said in a letter Saturday to the CIA’s acting general counsel, John A. Rizzo.

In addition to the CIA and DOJ investigations, both the Senate and House Intelligence Committees have started their own investigations.

The extent of the investigation, and the likelihood of any kind of accountability, remains unclear — it’s just too soon to tell — but at a minimum, these probes have the potential to be very revealing.

A few angles to keep in mind, based on this morning’s news:

* The CIA officially claims to “welcome” the inquiry, but there’s reason to believe the agency is a little more concerned that it lets on.

[The position of John Rizzo, the CIA’s senior lawyer], together with the fact that the C.I.A. inspector general, John L. Helgerson, is now examining the matter, indicates a greater level of internal concern at the agency over the destruction than Gen. Michael V. Hayden, the C.I.A. director, indicated in his message to agency employees on Thursday. General Hayden’s message said that Mr. Helgerson’s office had reviewed the tapes in 2003, but did not mention whether the inspector general had signed off on their destruction.

* Get to know the name Jose Rodriguez.

The agency operative who ordered the destruction of the tapes in November 2005 was Jose A. Rodriguez Jr., then the chief of the C.I.A.’s national clandestine service, known as the Directorate of Operations until 2005. 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.

* What’s the likelihood that Rodriguez deserves the full blame? Very small.

Last night on CNN, Ron Suskind — author of the One Percent Doctrine — said the idea that Rodriquez didn’t get “some authorization from above” is “hard to believe.” “It simply doesn’t work that way,” Suskind said, noting that “at this point, lots was being authorized from the White House in terms of the CIA.”

* Were these the only videos destroyed? Perhaps not.

* Feeling a little behind? The LAT runs a Q&A primer on what we’ve learned so far, and what happens next.

Stay tuned.

Let me see if I get this straight — the Clinton White House destroys a few documents regarding the personel decisions in the White House Travel Office (definately a no-no) and the so-called liberal media spends three years investigating every single apsect. The Bush II White House deletes 10 million (MILLION!!!) emails in violation of an executive order, and the so-called liberal media spends three days on the story (in toto); the CIA intentinally destroys possible evidence of a crime and I will bet dollars to donuts that this is gone by the Christmas holidays.

Just my good old cynical self.

  • CIA……..federal crimes……..White House……..maybe someone ought to wave a “clue-by-four” at Speaker Pelosi and mention the need to “put something back on the table.” After all, a federal offense can be defined under English Common Law—the law-format of the land when the Constitution was written—as “a High Crime….”

  • The Congressional investigation into this will focus on who did this and why, the Justice Department investigation will focus on whether any incriminating evidence was unwittingly left behind and still needs to “disappear.”

    My theory on the destruction of these tapes is if they ever got out to the broader public, the US would lose even more of its already diminished standing in the world. What great al Qaeda recruiting tool that would be. They must have been that bad.

  • It appears to me that Pelosi took impeachment off the table because for almost every impeachable offense, the Democrats were in the same offenses up to their necks, by abetting the administration with their votes or by remaining silent about the impeachable offenses, in all cases allowing precedents to be set.

    I think the Democrats will be quite satisfied to have a gazillion investigations, as long as they can keep them focused on the Bush administration and not the Democrats’ collusion in these illegal activities. They guarantee the administration’s freedom from Congressional prosecution by refusing to consider justice for the administration’s illegal actions.

  • Steve @#2, Lambert over at CorrenteWire has a plausible and interesting take on why impeachment is off the table.
    http://www.correntewire.com/we_are_democrats_they_are_enablers
    Shorter Lambert: Nancy, Jane Harmon and Jello Jay Rockefeller are culpable of war crimes, thus no impeachment.

    We should start a pool about how much we think these investigations will 1) uncover, 2) cover-up 3) last beyond this presidency 4) how few fall-guys/badapples will get the blame… ( My bet is the hispanic surnamed guy will be first and maybe only one.) 5) what the tapes were really hiding…. the war crimes of torture yes, but…..5) What the prisoners said/ didn’t say/ left out of their confession and 6) CIA operatives being hidden as stated or 7) mercenary investigators being kept hidden from the US public.

  • “…The CIA has agreed to “preserve any records or other documentation that would facilitate this inquiry”….”
    Hahaha. It’s the CIA, the agency of secrecy, of liars and cons. I’m so sure they will turn over anything that will incriminate them. Yeah, right. Unless some whistle blowers come forward this will dead end.

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