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Torture, Rendition, and other Abuses against Captives in US Custody

Specific Events or Operations

Project: Prisoner Abuse in Iraq, Afghanistan and Elsewhere
Open-Content project managed by Derek, KJF, mtuck

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Several inquiries are launched into the destruction by the CIA of videotapes showing detainee interrogations.
bullet The Justice Department begins a preliminary inquiry. It writes to the CIA’s top lawyer, John Rizzo, noting he has undertaken to ensure all currently existing records are preserved. (Associated Press 12/8/2007)
bullet The CIA’s Inspector General begins an inquiry. One of the questions it will address is whether the destruction was obstruction of justice. (Jordan 12/11/2007) However, some Democratic lawmakers raise questions about the propriety of inquiries run by the Justice Department, as its lawyers offered advice about the tapes, and the CIA Inspector General, who reviewed the tapes before they were destroyed. (Eggen and Warrick 12/15/2007)
bullet The House Intelligence Committee starts an inquiry. Committee chairman Silvestre Reyes says it is planning a “broad review” of the CIA’s detention and interrogation program, but adds, “I’m not looking for scapegoats.” (Mazzetti 12/8/2007) The committee requests all cables, memos and e-mails related to the videotapes, as well as legal advice given to CIA officials before the tapes were destroyed. (Johnston and Mazzetti 12/15/2007)
bullet The Senate Intelligence Committee also begins an inquiry. (Dean 12/14/2007)
bullet The House Judiciary Committee sends letters to CIA Director Michael Hayden and Attorney General Michael Mukasey asking whether the Justice Department provided the CIA with legal advice. (Hess 12/7/2007)
bullet The House Committee on Oversight and Government Reform investigates whether the Federal Records Act has been violated. (Dean 12/14/2007)
bullet There is a debate in a court case involving 11 Guantanamo detainees about whether the tapes were subject to a preservation order issued by the judge in that case (see December 14, 2007).

John Kiriakou.John Kiriakou. [Source: ABC News]Former CIA officer John Kiriakou gives the first of several media interviews around this time about the agency’s use of waterboarding and torture, to ABC. In this interview and others Kiriakou, who led the team that captured militant training camp facilitator Abu Zubaida (see March 28, 2002), makes several points:
bullet Zubaida was waterboarded. This is the first official on-the-record acknowledgment by any CIA official that the controversial technique that simulates drowning was used.
bullet Zubaida was only waterboarded once, for about 30 to 35 seconds. (This is untrue. Zubaida was actually waterboarded at least 83 times—see April 18, 2009.)
bullet After the waterboarding, Zubaida became co-operative; he had previously been uncooperative. (This is also allegedly untrue—see June 2002.) Kiriakou says, “The threat information that he provided disrupted a number of attacks, maybe dozens of attacks.” Kiriakou thinks the attacks were not to be on US soil, but overseas, although he is not sure. Waterboarding and the other techniques were used because of a sense of urgency. “Those tricks of the trade require a great deal of time—much of the time—and we didn’t have that luxury. We were afraid that there was another major attack coming.”
bullet Use of the CIA’s enhanced interrogation techniques is tightly controlled in the agency. Each application of a technique had to be specifically approved by the deputy director for operations.
bullet Kiriakou implies that waterboarding is torture and should remain banned now, but the circumstances of the time warranted its use. He believes that waterboarding both compromised American principles and saved lives. “Like a lot of Americans, I’m involved in this internal, intellectual battle with myself weighing the idea that waterboarding may be torture versus the quality of information that we often get after using the waterboarding technique,” he says. “And I struggle with it.”
Although he was personally involved in Zubaida’s capture, Kiriakou was not present at the interrogations and only learned about them at CIA headquarters. (Esposito and Ross 12/10/2007; Kiriakou 12/10/2007 pdf file; Kiriakou 12/10/2009 pdf file) Over the next few days, Kiriakou gives a number interviews to other media outlets with basically the same information. The New York Times will call the series of interviews a “media blitz.” (Nizza 12/11/2007; Stelter 4/28/2009) The media he speaks to include the Washington Post, the New York Times, National Public Radio, CBS, CNN, and MSNBC (see December 11, 2007). A CNN anchor even calls him “the man of the hour.” (Stelter 4/28/2009) Kiriakou garners praise for his poise in front of the camera. For example, Harper’s journalist Scott Horton will call him “telegenic,” whereas Foreign Policy magazine commentator Annie Lowery will opt for “telegenic and well spoken.” (Horton 12/21/2007; Lowery 4/28/2009)

President George Bush says he was unaware that the CIA had videotaped detainee interrogations. The CIA had videotaped some interrogations in 2002 (see Spring-Late 2002), but the tapes were destroyed in late 2005 (see November 2005), and this was disclosed five days previously (see December 6, 2007). Bush says, “My first recollection of whether the tapes existed or whether they were destroyed was when [CIA Director] Michael Hayden briefed me.” (Raddatz 12/11/2007) Bush took an interest in information coming from one of the detainees who was videotaped, Abu Zubaida (see Late March 2002), and normally a president would be informed about activities like the detainee interrogations. However, there appears to have been a long-standing deliberate policy of keeping Bush out of the loop regarding aggressive interrogation methods to protect him from any adverse consequences that might arise (see April 2002 and After).

Following appearances before the Senate and then House Intelligence Committees, CIA Director Michael Hayden takes a different line than the previous week over the CIA’s destruction of videotapes showing detainee interrogations. When the scandal first broke, he had said: “The leaders of our oversight committees in Congress were informed of the videos years ago and of the Agency’s intention to dispose of the material. Our oversight committees also have been told that the videos were, in fact, destroyed.” (Central Intelligence Agency 12/6/2007) However, the committees protested (see December 7, 2007) and, after his closed-door meeting with the House committee on December 12, he says, “particularly at the time of the destruction we could have done an awful lot better at keeping the committee alerted and informed.” (Fox News 12/13/2007) His private explanation to the Senate committee leaves many questions unanswered, but chairman Jay Rockefeller calls it “a useful and not yet complete hearing.” (Hess 12/11/2007) House committee chairman Silvestre Reyes, who expresses the committee’s “frustration” at not being kept informed about the tapes, calls the meeting “the first step in what we feel is going to be a long-term investigation,” and says some parts of Hayden’s briefing are “stunning.” (Fox News 12/13/2007) Hayden points out to both committees that he arrived at the CIA after the tapes had been destroyed, so “Other people in the agency know about this far better than I.” (Hess 12/11/2007)

Some US lawmakers indicate they may support the appointment of a special counsel to look into the CIA’s destruction of videotapes (see December 6, 2007), in addition to various other inquiries that are launched at this time (see December 7, 2007 and Shortly After).
bullet Initially, Senate Majority Leader Harry Reid (D-NV) indicates he will support a special counsel if the Bush administration impedes a congressional probe and an investigation initiated by the Justice Department: “The CIA, the Justice Department, the Bush White House and every American should know that if these investigations encounter resistance or are unable to find the truth, I will not hesitate to add my voice to those calling for a special counsel.” (Marre 12/11/2007)
bullet Senator Joseph Biden (D-DE), who is running for the Democratic presidential nomination, backs the call. (Marre 12/11/2007)
bullet After some lawmakers begin to question whether the Justice Department will properly investigate the scandal (see December 14, 2007), Senator Edward Kennedy (D-MA) expresses some support for a special counsel: “I am concerned whether we are going to get to the real facts… [Because the inquiry is] being very closely held, the question is whether the American people will have a sense that this investigation is on the level. Unless you bring the FBI in, and unless you bring in the possibility of a special prosecutor as they had in Watergate, I am not sure we’ll get to that point.” (Rowley 12/14/2007)
However, a special prosecutor is opposed by some, such as Senate Intelligence Committee Chairman Jay Rockefeller (D-WV). (Marre 12/11/2007) Attorney General Michael Mukasey calls such appointment “the most hypothetical of hypotheticals.” (Jordan 12/11/2007)

The Justice Department urges a federal judge not to begin an inquiry into the destruction of CIA videotapes in a case involving 11 Guantanamo Bay detainees. The judge in the case, Henry Kennedy, had previously issued a ruling that evidence related to the detainees should be preserved (see June-July 2005). After attorneys for the detainees file a motion saying the CIA’s destruction of the tapes “raises grave concerns about the government’s compliance with the preservation order entered by this court,” the administration argues it was not under an obligation to preserve the videotapes and tells US District Judge Kennedy that asking for information about the tapes’ destruction could “potentially complicate” a Justice Department inquiry into it. The Justice Department also says the judge lacks jurisdiction and is worried he will compel CIA officers to testify. In addition, the destroyed tapes were made outside Guantanamo, whereas the order previously issued by the judge only directly affected material in Guantanamo. However, evidence from “a senior al-Qaeda lieutenant” is being used against one of the detainees, and this lieutenant may have been shown on the destroyed tapes, making them relevant to the case. The Associated Press calls the Justice Department’s request “unusual,” and law professor Douglas Kmiec comments, “It’s hard to know on the surface whether this is obstruction or an advancement of a legitimate inquiry.” (Mazzetti and Shane 12/11/2007; Apuzzo 12/15/2007) Another law professor, Jonathon Turley, comments: “The Justice Department insists it will essentially investigate itself and then tells the court that because it is investigating itself it won’t turn over evidence of its possible criminal misconduct. It’s so circular, it’s maddening.” (Cochran 12/15/2007) In early January 2008, Kennedy will decline to hold a hearing into the destruction, saying that the destroyed tapes were not directly related to this case, as they were not made in Guantanamo. He is also “influenced by the assurances of the Department of Justice” that its criminal investigation will cover the issue of whether the tapes’ destruction “was inconsistent with or violated any legal obligations.” (Shane 1/10/2008)

Kenneth Wainstein.Kenneth Wainstein. [Source: White House]The Justice Department attempts to delay probes by the House and Senate Intelligence Committees into the destruction of CIA tapes showing detainee interrogations, saying the administration cannot provide the witnesses or documents the committees want, as this may jeopardize its own investigations. Kenneth Wainstein, assistant attorney general for national security, and CIA Inspector General John Helgerson write to congressional intelligence committee leaders saying, “We fully appreciate the committee’s oversight interest in this matter, but want to advise you of concerns that actions responsive to your request would represent significant risk to our preliminary inquiry.” However, Wainstein and Helgerson are unable to say when they will have results. Attorney General Michael Mukasey also rejects a request for details about the Justice Department-CIA inquiry (see December 14, 2007). (Eggen and Warrick 12/15/2007; Johnston and Mazzetti 12/15/2007) House Intelligence Committee Chairman Silvestre Reyes (D-TX) and Vice Chairman Peter Hoekstra (R-MI) threaten to issue subpoenas and respond in a joint statement: “We are stunned that the Justice Department would move to block our investigation… Parallel investigations occur all of the time, and there is no basis upon which the Attorney General can stand in the way of our work.” (Eggen and Warrick 12/15/2007) They add: “It’s clear that there’s more to this story than we have been told, and it is unfortunate that we are being prevented from learning the facts. The executive branch can’t be trusted to oversee itself.” (Apuzzo 12/15/2007) The New York Times comments, “The inquiry by the House committee had been shaping up as the most aggressive investigation into the destruction of the tapes.” The intelligence committee inquiries are similar to those of the Justice Department and CIA Inspector General, but also aim to determine whether anyone in the executive branch had sought to have the tapes destroyed to eliminate possible evidence that CIA officers had used banned interrogation techniques. (Johnston and Mazzetti 12/15/2007) A CIA spokesman says, “Director Hayden has said the Agency will cooperate fully with both the preliminary inquiry conducted by [Justice Department] and CIA’s Office of Inspector General, and with the Congress. That has been, and certainly still is, the case.” (Eggen and Warrick 12/15/2007) However, the CIA fails to provide documents the House committee has requested. (Johnston and Mazzetti 12/15/2007) Commentator Scott Horton will call this “a conscious decision to shield criminal conduct from exposure before the watchdog appointed by the Constitution: Congress.” (Horton 12/15/2007)

After it is revealed that the CIA has destroyed tapes showing detainee interrogations (see November 2005), congressional leaders Patrick Leahy (D-VT) and Arlen Specter (R-PA) ask Attorney General Michael Mukasey for “a complete account of the Justice Department’s own knowledge of and involvement with” the tape destruction. News reports indicate the Justice Department did advise the CIA not to destroy the tapes as far back as 2003 (see 2003). The Justice Department is also asked whether it offered legal advice to the CIA or communicated with the White House about the issue. However, Mukasey refuses to answer any of the questions, replying that the Justice Department “has a long-standing policy of declining to provide non-public information about pending matters. This policy is based in part on our interest in avoiding any perception that our law enforcement decisions are subject to political influence.” (Eggen and Warrick 12/15/2007) According to the New York Times, Justice Department officials describe this and another rebuff to congress (see December 14, 2007) as “an effort to caution Congress against meddling in the tapes case and other politically explosive criminal cases.” (Johnston and Mazzetti 12/15/2007)

Speaking about the CIA videotapes scandal, Congresswoman Jane Harman (D-CA) says in a Fox News interview, “We have a system of checks and balances and it’s broken. We’re in Constitutional crisis because of the arrogant view of some in this administration that they can decide what the policy is, write the legal opinions to justify that policy and be accountable to no one.” And when asked about the Justice Department’s refusal to cooperate with any Congressional investigations into the scandal (see December 14, 2007), she says, “It smells like the cover-up of the cover-up.” Peter Hoekstra (R-MI), the top Republican on the House Intelligence Committee, is interviewed with Harman and is extremely critical of the leaders of the US intelligence community, calling them political, arrogant, and incompetent. “They’ve clearly demonstrated through the tapes case that they don’t believe that they are accountable to Congress.” (Sheehan and Edwards 12/16/2007)

The CIA videotapes destruction scandal reopens a debate about the usefulness of torturing al-Qaeda leader Abu Zubaida. The FBI briefly used rapport-building techniques on Zubaida before the CIA took over and tortured him. On December 10, 2007, several days after the public disclosure that the videotapes of the CIA’s interrogation of Zubaida were destroyed, former CIA officer John Kiriakou admitted that Zubaida was tortured by the use of waterboarding (see December 10, 2007). Kiriakou claimed that waterboarding was so effective that Zubaida completely broke after just one session of waterboarding lasting 35 seconds. (Esposito and Ross 12/10/2007) This claim became a frequently used media talking point. However, on December 18, the Washington Post presents a contrary account, stating, “There is little dispute, according to officials from both agencies, that Abu Zubaida provided some valuable intelligence before CIA interrogators began to rough him up, including information that helped identify Khalid Shaikh Mohammed, the alleged mastermind of the Sept. 11 attacks, and al-Qaeda operative Jose Padilla” (see Late March through Early June, 2002). The Post notes that Kiriakou helped capture Zubaida but was not present at any of his interrogations. Furthermore, “other former and current officials” disagree with Kiriakou’s claim “that Abu Zubaida’s cooperation came quickly under harsh interrogation or that it was the result of a single waterboarding session. Instead, these officials said, harsh tactics used on him at a secret detention facility in Thailand went on for weeks or, depending on the account, even months.” (Eggen and Pincus 12/18/2007) The most in-depth previous media accounts suggesed that the FBI interrogation of Zubaida was getting good intelligence while the CIA torture of him resulted in very dubious intelligence (see Mid-April-May 2002 and June 2002).

Speaking on CNN, George Washington University law professor Jonathan Turley outlines the criminal offenses that may have been committed in the scandal surrounding the destruction of CIA videotapes showing detainee interrogations: “There are at least six identifiable crimes from obstruction of justice to obstruction of congress, perjury, conspiracy and false statements. What is often forgotten, the crime of torturing suspects. Now, if that crime was committed, it was a crime that would conceivably be ordered by the president himself, only the president can order those types of special treatments or interrogation techniques.” (CNN 12/19/2007)

The White House protests about a sub-heading in a New York Times story on the destruction of CIA videotapes showing detainee interrogations, and the New York Times admits the subheading was misleading and prints a correction. The subheading is “White House role was wider than it said” (in discussions about what to do with the tapes), but White House spokesperson Dana Perino complains. She issues a statement saying that the subheading is “pernicious and troubling,” as it indicates a conscious effort to mislead by the White House, which has not actually yet officially described its role in the tapes’ destruction except to say that President Bush thinks he was not informed. Even though it corrects the subheading, the paper notes that the White House “had not challenged the content of our story.” (Mazzetti and Shane 12/19/2007; Shane 12/20/2007; Abramowitz and Warrick 12/20/2007)

John Durham.John Durham. [Source: Bob Child / Associated Press]After the Justice Department and CIA Inspector General conclude there should be a criminal probe into the destruction of videotapes showing interrogations of two detainees, Abu Zubaida and Abd al-Rahim al-Nashiri (see January 2, 2008), Attorney General Michael Mukasey appoints John Durham, a federal prosecutor from Connecticut, to oversee the case. The investigation would usually be handled by the prosecutor’s office in the Eastern District of Virginia, but that office is recused to avoid the appearance of a conflict of interests. Durham will not act as an independent special prosecutor like Patrick Fitzgerald in the Valerie Plame Wilson case, but will report to the Deputy Attorney General. (Greenwald 1/2/2008) Durham made his name as a prosecutor in a difficult organized crime case in Boston. (Lewis 1/13/2008) House Judiciary Committee Chairman John Conyers (D-MI) criticizes the appointment, saying, “it is disappointing that the Attorney General has stepped outside the Justice Department’s own regulations and declined to appoint a more independent special counsel in this matter… The Justice Department’s record over the past seven years of sweeping the administration’s misconduct under the rug has left the American public with little confidence in the administration’s ability to investigate itself. Nothing less than a special counsel with a full investigative mandate will meet the tests of independence, transparency and completeness.” (Greenwald 1/2/2008)

The Justice Department’s National Security Division and the CIA’s inspector general conclude their preliminary inquiry into the destruction of CIA videotapes showing the interrogation of detainees Abu Zubaida and Abd al-Rahim al-Nashiri (see December 7, 2007 and Shortly After). They report that there is enough evidence to start a criminal investigation, but do not say for certain that a crime has been committed. (Greenwald 1/2/2008) A prosecutor is appointed to head the investigation (see January 2, 2008).

In an op-ed published by the New York Times, former 9/11 Commission chairman Tom Kean and vice-chairman Lee Hamilton write that their 9/11 inquiry was “obstructed” by the CIA, which failed to provide them with videotapes of detainee interrogations. The White House also knew of the videotapes’ existence but failed to inform the Commission, which had repeatedly asked for all material related to detainee interrogations and was unhappy with what the CIA gave it (see Summer 2003-January 2004, Summer 2003, November 5, 2003-January 2004, and After January 2004). Kean and Hamilton write that the CIA “failed to respond to our lawful requests for information about the 9/11 plot. Those who knew about those videotapes—and did not tell us about them—obstructed our investigation. There could have been absolutely no doubt in the mind of anyone at the CIA—or the White House—of the commission’s interest in any and all information related to Qaeda detainees involved in the 9/11 plot. Yet no one in the administration ever told the commission of the existence of videotapes of detainee interrogations.” (Kean and Hamilton 1/2/2008)

US District Judge Richard Roberts says that CIA interrogation videotapes may have been relevant to a case before him and orders the administration to explain why they were destroyed in 2005, and also to say whether other evidence was destroyed. The government has three weeks to produce the report, as the judge thinks the tapes may have been relevant to the case of Guantanamo detainee Hani Abdullah. The charges against Abdullah are based, at least in part, on information obtained from militant leader Abu Zubaida, who was shown on the tapes and was subjected to waterboarding and other “enhanced techniques” (see Spring-Late 2002 and Mid-May 2002 and After). The report also has to explain what the government has done to preserve evidence since Roberts issued an order in July 2005 not to destroy it, what it is doing now, and whether any other potentially relevant evidence has been destroyed. (Apuzzo 1/24/2008)

Newsweek reports that the Justice Department’s criminal investigation into the CIA’s destruction of video of the torture of al-Qaeda leaders Abu Zubaida and Abd al-Rahim al-Nashiri is continuing, but proceeding slowly. Federal prosecutor John Durham has recently filed a federal court affidavit that states he is examining whether anyone “obstructed justice, made false statements, or acted in contempt of court or Congress in connection with the destruction of the videotapes.” He is specifically attempting to determine if the destruction violated any judge’s order. But progress is slow, and the investigation is likely to take six months or more, which means any criminal charges will probably come after the November 2008 presidential elections. Two sources close to former intelligence officials who are potential key witnesses in the case say these officials have not been summoned to give grand jury testimony. One of them has not even been questioned by the FBI yet. (Hosenball 6/28/2008) Attorney General Michael Mukasey appointed Durham to head the investigation in January 2008 (see January 2, 2008).

In a letter to Judge Alvin Hellerstein regarding the American Civil Liberties Union (ACLU)‘s lawsuit against the US Defense Department, the Justice Department informs Hellerstein that the CIA destroyed 92 videotapes of prisoner interrogations. The CIA’s previous admissions of the number of destroyed videotapes were far smaller (see November 2005). (Re: ACLU et al v. Department of Defense et al 3/2/2009 pdf file) The CIA confirms that the tapes showed what it calls “enhanced interrogation techniques” used on a number of detainees. The Justice Department adds that it will provide a list of summaries, transcripts, and memoranda related to the destroyed tapes, though the American Civil Liberties Union notes that a previous list was almost entirely redacted. (Roth 3/6/2009; American Civil Liberties Union 3/6/2009) The disclosure comes as part of a criminal inquiry into the tapes’ destruction. As the investigation comes to a close, observers expect that no charges will be filed against any CIA employees. The agency’s Directorate of Operations chief, Jose Rodriguez, ordered the recordings destroyed in November 2005 (see November 2005); former CIA Director Michael Hayden argued that the tapes posed “a serious security risk” because they contained the identities of CIA participants in al-Qaeda interrogations. Rodriguez has not yet been questioned. It is believed that the tapes show, among other interrogation sessions, the waterboarding of two detainees, Abu Zubaida (see Mid-May 2002 and After) and Abd al-Rahim al-Nashiri (see (November 2002)). Civil libertarians and human rights advocates are outraged at the destruction of the tapes. “The sheer number of tapes at issue demonstrates that this destruction was not an accident,” says Amrit Singh, a staff lawyer with the American Civil Liberties Union (ACLU). “It’s about time the CIA was held accountable for its flagrant violation of the law,” she adds. CIA spokesman George Little says the destruction of the tapes was not an attempt to break the law or evade accountability. “If anyone thinks it’s agency policy to impede the enforcement of American law, they simply don’t know the facts,” Little says. Senator Dianne Feinstein (D-CA), who chairs the Senate Intelligence Committee, confirms that her panel intends to conduct a broader investigation of the CIA’s interrogation program. (Johnson and Warrick 3/3/2009)

Court documents filed by the government show that the CIA destroyed 12 videotapes specifically depicting two detainees being tortured by interrogators. Though the CIA has previously admitted to destroying 92 videotapes (see March 2, 2009), this is the first time it has admitted that some of the tapes showed detainees being tortured. The agency does not use the word “torture,” but instead uses the phrase “enhanced interrogation techniques.” According to the heavily redacted classified document: “There are 92 videotapes, 12 of which include EIT [enhanced interrogation techniques] applications. An OGC [Office of General Counsel] attorney reviewed the videotapes” and the CIA’s “OIG [Office of Inspector General} reviewed the videotapes in May 2003.” The document, along with others, are filed pursuant to a Freedom of Information Act lawsuit begun by the American Civil Liberties Union (ACLU). The ACLU has asked that the CIA be found in contempt for destroying the videotapes, a motion that is still pending. The videotapes were destroyed to prevent disclosure of evidence showing that CIA interrogators actively tortured detainees, using waterboarding and other methods. The destruction is under investigation by acting US Attorney John Durham (see January 2, 2008). The two detainees depicted in the videotapes are Abu Zubaida and Abd al-Rahim al-Nashiri, both of whom were waterboarded by the CIA (see March 2002, April - June 2002, and (November 2002)). The document describing the destroyed videotapes says “interrogators administered the waterboard to Al-Nashiri.” The videotapes are believed to have been made at the CIA’s secret detention center in Thailand. The CIA has promised to release more information about the videotapes by March 20. However, according to acting US Attorney Lev Dassin, “to date, the CIA is not aware of any transcripts of the destroyed videotapes.” An unredacted version of the inventory of the destroyed videotapes will only be made available for the ACLU to view behind closed doors in court: “This inventory identifies the tapes and includes any descriptions that were written on the spine of the tapes.” Much of the information sought by the ACLU will remain classified, Dassin says. ACLU attorney Amrit Singh says the “government is needlessly withholding information about these tapes from the public, despite the fact that the CIA’s use of torture—including waterboarding—is no secret. This new information only underscores the need for full and immediate disclosure of the CIA’s illegal interrogation methods. The time has come for the CIA to be held accountable for flouting the rule of law.” Author and reporter Jane Mayer believes the tapes were destroyed at least in part because Democratic members of Congress briefed on the tapes began inquiring whether the interrogations of Zubaida and al-Nashiri were legal. (Leopold 3/6/2009)

John Durham, a special counsel appointed by former Attorney General Michael Mukasey to investigate the destruction of video tapes made by the CIA of detainees’ interrogations (see January 2, 2008), summons CIA officers from overseas to testify before a grand jury. “Three legal sources familiar with the case” also say that Durham wants testimony from agency lawyers who gave advice relating to the November 2005 decision by Jose Rodriguez, then chief of the CIA’s clandestine service, to destroy the tapes (see Before November 2005 and November 2005). Newsweek will say this comes as a surprise to the CIA, whose officials have “plenty to worry about.” Previously, some lawyers on the case had thought Durham intended to wind down the probe without recommending any charges be brought. However, his recent activity has made them unsure. Newsweek will speculate that Durham “might simply be tying up loose ends.” Alternatively, he may be fixing to have charges brought. (Isikoff and Hosenball 5/2/2009)

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