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Kiriakou Attorney Sues to Get Torture-Tape Destruction Docs
Now here's an interesting development in the CIA tapes case. Yesterday, the James Madison Project -- a good-government, anti-secrecy non-profit -- filed suit in federal court to get the CIA to disclose documents related to the 2005 destruction of the interrogation videotapes. Apparently the JMP recently filed a Freedom of Information Act request for the documents, and the lawsuit is to expedite the processing of that FOIA.
Here's a statement from JMP's executive director:
The public deserves to know the truth underlying the CIA’s questionable conduct in destroying the interrogation videotapes of terrorist suspects, and that those responsible are held accountable for any improper or unlawful activities.
Par for the course from a goo-goo lawyer, right? Well, here's the interesting thing. JMP's executive director is Mark Zaid. Zaid is the attorney for John Kiriakou, who led the 2002 interrogation of Abu Zubaydah, and who also told ABC News that Abu Zubaydah was tortured by his interrogators. Kiriakou is currently under criminal investigation by the Justice Department to determine whether he illegally disclosed classified information in his ABC News interview. So if the CIA ends up executing the FOIA in any expeditious way, it might be handing those documents over to the lawyer for a man it sought to have prosecuted -- though, if they suggest illegality in the actual interrogation, they might prove problematic down the road for Kiriakou.
However, Zaid tells us, the lawsuit has nothing to do with his representation of Kiriakou. He filed the FOIA before Kiriakou retained him, he says.

Comments (7)
Zoyd Wheeler wrote on December 21, 2007 1:20 PM:It would be nice if congress could grant immunity to people like this (instead of telcos and criminals).
parrot wrote on December 21, 2007 1:27 PM:Yeah, that's the least they could do if they aren't going to prosecute the criminals, eh?
dopey-o wrote on December 21, 2007 3:08 PM:but if Kiriakou is charged with illegal interrogation tactics, then the classification of that interrogation is itself illegal under current classification law. meaning Kiriakou can't be prosecuted for revealing info that was illegally classified, right?
I guess it's a question of would Kiriakou rather be shot or hung?seems like the administration's only hole card is to stonewall some more. they's gotten lots of practice at that.
David wrote on December 21, 2007 3:38 PM:In case no one has noticed, the president ALWAYS wins. There is really no contest. The judge will retreat, the lawyers will retreat, even the defendent will retreat. The president ALWAYS wins. Kind of like in Iraq under Saddam.
Dan Mortenson wrote on December 21, 2007 3:44 PM:dopey-o,
You have an implied obligation to inform yourself about subjects you wish to comment on. It wastes people's time, straightening you out.
Kiriakou (perhaps conveniently) says he did not actually take part in the waterboarding part of the interrogation of Zubaida. He was out of the loop for most of it, except for having access to the logs and whatever shop-talk there was.
I was sure this whole thing was psy-ops, due to the comprehensive secrecy oaths he violated by outing them, and no evident reaction to such from the CIA, but maybe not.
The test of that will be how determinedly the Justice Department pursues this case.
rickygee wrote on December 21, 2007 10:42 PM:Dear Dan, you just wasted MY time with your arrogant and uninformative response to one ''dopey -o.''
Anonymous wrote on December 23, 2007 11:22 AM:Is there one body or authority that can give immunity or authority to cut through this Gordian Knot of classification, obfuscation, stonewalling, red herrings and who knows what?
Inquiring minds want to know.
Any of our lawyer friends here have any ideas?