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Durbin Calls on DOJ to Investigate CIA Torture-Tape Destruction
The irony is getting out of control. For years, the Bush administration has sought to assure the interrogators who implemented its torture policy that they won't be prosecuted. But with the revelation that operations chief Jose Rodriguez destroyed recorded evidence of potentially-illegal interrogations, the CIA may have boxed even the Bush Justice Department into a corner. Sen. Dick Durbin (D-IL), the number-two Democrat in the Senate, is calling on DOJ to open an obstruction-of-justice investigation. You can read Durbin's letter to Attorney General Michael Mukasey here.
So far, it's not clear what DOJ will do. "We have received and are reviewing Senator Durbin's letter," says Dean Boyd, spokesman for DOJ's national-security division. More as it develops.
But as for what will happen, an overlooked piece of evidence further suggests that the Justice Department will try hard to leave this one alone. On October 25, U.S. attorneys Chuck Rosenberg, David Novak and David Raskin wrote (pdf) to the judges in the Zacharias Moussaoui case to tell them about the tapes "as part of our obligation of candor to the court." (Relying on CIA, the prosecution had told the court, and the defense, that there were no records of the interrogations, following a request from Moussaoui.)
The lawyers write that they didn't know about the CIA's tapes, and the reason they give for CIA's "error" is helpfully blacked out in the letter. But they do disclose that they've had knowledge of the at least some CIA interrogation videos -- apparently, there are more! -- since September. There's no indication from the letter that the lawyers knew about the destruction of any tapes. But even so, the fact that tapes existed even though the CIA had assured DOJ that they didn't is prima facie evidence of obstruction. And barring some bombshell revelation about a sotto voce investigation, the Justice Department opted to sweep that under the rug until now. And possibly even now.
Update: Credit where due. Greg Gordon of McClatchy reported on the October 25 letter last month, when no one -- myself certainly included -- bothered to pay attention. Big up to Gordon.
Comments (11)
Is anybody else getting weary of the way some of these intelligence issues are getting played out in the open? I perfectly understand why it is necessary to do this at this time and I’m a left of center moderate who hates the Neo-Conservative movement but I’m starting to feel death by a thousand cuts.
The real tragedy of the Bush administration and also some of Clinton’s as well is that we have been forced to beat them to death to get even the simplest truths and because they have been so overwhelmingly distrustful we are now obliged to challenge everything.
I do not believe in the boogey man terrorist hiding under every bed but we do have very valid reasons to have a national security policy and a CIA that does some of the heavy lifting. In a perfect world I would trust my congress person to be the circuit breaker if there was abuse and severe manipulation but..well I don’t even have to explain that one to you TPM readers.
I don’t know the answer but I’m not sure it’s opening all the dirty laundry to the same idiot public that voted this guy into office TWICE. I feel like we are throwing the baby, bathwater and tub out the window.
December 7, 2007 2:41 PM | Reply | Permalink
JOY...! Will we at last see Bush/Cheney..and the other players...frog-marched out of the White House in their stunning orange jumpsuits...! This is about who has the power..do the Neo-Cons have enough power (they don't have credibility) left to "trump" the military and the intelligence complex...? Intelligence and Military just pulled a "coup" and said "Mr. President..you will not lie us into another war" (fool me once shame on you, fool me twice shame on ME)
December 7, 2007 2:42 PM | Reply | Permalink
John Edwards. Make it your campaign mantra that On January 21, 2009 - You will conduct your DOJ department to start immediate investigation to the litany of abuses.
1) Hire David Igelias as your ATtorney General - and let him have some fun
December 7, 2007 3:19 PM | Reply | Permalink
Yeah, this is just more political theatre, no one is going to jail as usual. When you assume that we are a really one party state, everything becomes clearer.
December 7, 2007 3:24 PM | Reply | Permalink
We are now learning that some Democrats are just as guilty of covering for Bush as are some Republicans.
But given the nature that both parties do what their leadership tells them to do, nothing is going to come of this as far as anyone paying heavy fines, losing their jobs and pensions or doing jail time.
Their behavior is actually less likely to be accountable and punished than, say, some guy who gets caught stealing a six pack of beer.
You don't have to be a blind conservative not to see it, just an ignorant one to deny it.
December 7, 2007 3:26 PM | Reply | Permalink
Oh, and here is what will happen. A democrat will be elected in 2008, take office, and invoke a "move the country forward" mantra, and just drop all the investigations of wrongdoing by this fascistic administration. You know its true.
December 7, 2007 3:27 PM | Reply | Permalink
I have just read Dick Durbin's letter to Attorney General Michael Mukasey. He can bet that neither the Executive branch of government nor the Congressional branch want to "get to the bottom" of this matter.
They are all working hard to cover one another's butts.
You don't have to be a blind conservative not to see it, just an ignorant one to deny it.
December 7, 2007 3:35 PM | Reply | Permalink
Okay here is the situation, if there were one set of tapes, than logic tells me that there is another copy somewhere as insurance policy when and if the fan is really fligging the excrement worldwide.
So tell this. If the Hague starts to commence a Human Rights investigation of War Crimes against the US and then finds that the leaders of this nation were involved in war crimes of kidnapping, torture, murder what will the US do?
Will it commence its own investigation on its Presidential Administration and agencies and prosecute them but keeping them here or will they give them up or both?
My guess is that if the GOP losses the Democratic government will have to investigate the President and VP and agencies...a good Fitzgerald type of investigation like he did in Illinois...going up the ladder to the top guy. It might take 6 or 7 years but if there is a GOP and then a pardon do you think the world will allow this or will it give us the same medicine as we gave the world before? Between a rock and a hard place....
December 7, 2007 3:51 PM | Reply | Permalink
If some evidence is known by a number of people more than one, and you destroy it, you can be sure that that fact will eventually come out or be leaked. Hence the rational rule for evidence destruction:
You destroy evidence if and only if the bad consequences of known evidence destruction better for you than those of airing the actual evidence.--
Application to this case is left as an exercise.
December 7, 2007 9:24 PM | Reply | Permalink
What the hell has Durbin been smoking? Everyone knows that those weren't torture tapes. They cant be torture tapes because Mukasey hasn't determined that waterboarding is torture. Gahd! What is he thinking? Besides even if they were torture tapes Mukasey isn't going to hold any more than a faux investigation. He has some deep pockets to protect. After all that is why he was nominated for the job.
December 8, 2007 3:04 AM | Reply | Permalink
When will the lying and the contempt for American laws end? And will it end with a parade or a forced march?
December 8, 2007 4:12 AM | Reply | Permalink