CIA VIDEOTAPES HARSH INTERROGATION OF TERROR SUSPECTS, THEN SECRETLY DESTROYS VIDEOTAPES

The C.I.A. destroyed in 2005 two videotapes of terror suspects being harshly interrogated, The New York Times reported just seven minutes ago on its web page.

"The Central Intelligence Agency in 2005 destroyed at least two videotapes documenting the interrogation of two Al Qaeda operatives in the agency’s custody, a step it took in the midst of congressional and legal scrutiny about the C.I.A’s secret detention program, according to current and former government officials. NY Times reporter Mark Mazzetti writes:

"The videotapes showed agency operatives in 2002 subjecting terror suspects — including Abu Zubaydah, the first detainee in C.I.A. custody — to severe interrogation techniques. They were destroyed in part because officers were concerned that tapes documenting controversial interrogation methods could expose agency officials to greater risk of legal jeopardy, several officials said."

Mazzetti reports that hardly anyone knew of the existence of the tapes, including the 9/11 Commission.

"Staff members of the 9/11 commission, which completed its work in 2004, expressed surprise when they were told that interrogation videotapes existed until 2005.
"“The commission did formally request material of this kind from all relevant agencies, and the commission was assured that we had received all the material responsive to our request,” said Philip D. Zelikow, who served as executive director of the Sept. 11 commission and later as a senior counselor to Secretary of State Condoleezza Rice.
"“No tapes were acknowledged or turned over, nor was the commission provided with any transcript prepared from recordings,” he said."

So this appears as if the C.I.A. is destroying evidence of wrong-doing. The C.I.A. was concerned that these "harsh interrogation methods" could subject C.I.A. torturers (oops, I mean officers) to criminal penalties and charges.

Reports Mazzetti:

"Daniel Marcus, a law professor at American University who served as general counsel for the 9/11 commission and was involved in the discussions about interviews with al Qaeda leaders, said he had heard nothing about any tapes being destroyed.

"If tapes were destroyed, he said, “it’s a big deal, it’s a very big deal,” because it could amount to obstruction of justice to withhold evidence being sought in criminal or fact-finding investigations. . . ."

"John Radsan, who worked as a C.I.A. lawyer between 2002 and 2004 and is now a professor at William Mitchell College of Law, said the destruction of the tapes could carry serious legal penalties.

"“If anybody at the C.I.A. hid anything important from the Justice Department, he or she should be prosecuted under the false statement statute,” he said."

The C.I.A. claims that the tapes were destroyed to protect the identity of the C.I.A.

"The C.I.A. said today that the decision to destroy the tapes had been made “within the C.I.A. itself” and were destroyed to protect the safety of undercover officers and because they no longer had intelligence value. The agency was headed at the time by Porter J. Goss. Through a spokeswoman, Mr. Goss refused to comment this afternoon on the destruction of the tapes. interrogators."