CIA destroys incriminating interrogation tapes

Steve Benen, Crooks and Liars: Given the last seven years, expectations are already low for the administration that’s never seen justice it didn’t want to obstruct. But intentionally destroying evidence of a possible crime, in the midst of ongoing legal inquiries, suggests the Bush gang’s contempt for the rule of law can’t get much worse.

The Central Intelligence Agency in 2005 destroyed at least two videotapes documenting the interrogation of two Qaeda operatives in the agency’s custody, a step it took in the midst of Congressional and legal scrutiny about its secret detention program, according to current and former government officials.

The videotapes showed agency operatives in 2002 subjecting terrorism suspects —
including Abu Zubaydah, the first detainee in C.I.A. custody — to severe interrogation techniques. The tapes were destroyed in part because officers were concerned that video showing harsh interrogation methods could expose agency officials to legal risks, several officials said. […]

The destruction of the tapes raises questions about whether agency officials withheld information from Congress, the courts and the Sept. 11 commission about aspects of the program.

Indeed, it arguably does more than just “raise questions”; it may point to actual criminal wrongdoing, intended to cover up more criminal wrongdoing. As Sullivan put it, “What defines [a banana] republic? How about an executive that ignores the rule of law, commits war-crimes and then destroys the actual evidence? … We live in a country where the government can detain indefinitely, torture in secret, and then secretly destroy the tapes of torture sessions to protect its own staff.”

Time for the Justice Department to launch a criminal investigation? Marcy Wheeler explains: “AG Mukasey has a mighty big headache on his hands, a clear case of obstruction of justice involving Goss and a bunch of other people. I guess we won’t have long to wait to see whether he’s willing to spike investigations for the Unitary Executive.”

FYI: Destruction Of Tapes Was ‘In Line With The Law’ Because Torture Advocate Rizzo Said So (ThinkProgress.org) Yesterday, the New York Times revealed that, in 2002, the CIA videotaped its own officials administering harsh interrogation tactics against two al Qaeda operatives, but three years later, destroyed at least two videotapes documenting the incidents. One of the videotapes may have contained evidence of an al Qaeda operative being waterboarded.

The Times reports the destruction of the tapes occurred in the wake of the Abu Ghraib scandal and “CIA officers became concerned about a possible leak of the videos and photos.” In his agency’s defense, CIA Director Michael Hayden said, “What matters here is that it was done in line with the law.” As proof, he cited internal CIA legal decisions:

The decision to destroy the tapes was made within CIA itself. […]

As part of the rigorous review that has defined the detention program, the Office of General Counsel examined the tapes and determined that they showed lawful methods of questioning.

The man in charge of this “rigorous review”? John Rizzo — the Acting General Counsel of the CIA. Recall, Rizzo was nominated by President Bush last year to become CIA General Counsel. At his confirmation hearings, Rizzo unapologetically stood behind his approval of the “Bybee memo,” which defined torture as “serious physical injury, such as organ failure.” When asked whether he still agreed with that decision, Rizzo answered, “I honestly — I can’t say I should have objected at the time.” Watch it:

After a coalition of human rights and advocacy groups and members of the Senate Intelligence Committee voiced strong objections to his nomination, the White House backed down and withdrew his nomination.

Rizzo effectively signed off on the destruction of evidence that may have proven that his original legal opinion was in violation of U.S. law and the Geneva Conventions. And now, Hayden is citing Rizzo’s signature as proof that the video destruction “was done in line with the law.”