Most reactions to the release of Dick Cheney's 2004 interview with FBI investigators on the Valerie Plame affair have focused on the numerous instances in which the then-vice president claimed a faulty memory about events that had occurred less than a year before.
But did Cheney at one point all but lie under oath about whether he directed Lewis Libby to give Judith Miller information from a government report on Saddam's alleged efforts to procure uranium from Africa?
PERMALINK | COMMENTS (9) | RECOMMEND RECOMMEND (2)Dick Cheney told FBI investigators that his response to hearing that Joe Wilson had been sent to Niger to assess whether Saddam had tried to buy yellow-cake was that it was "amateur hour" at the CIA.
That's according to a summary of the FBI's interview with Cheney, which was conducted as part of Pat Fitzgerald's investigation of the leak of Valerie Plame's name. The document was just released by the Justice Department, thanks to a lawsuit by CREW.
PERMALINK | COMMENTS (53) | RECOMMEND RECOMMEND (10)A top Democrat on the House Intelligence committee says Republicans who criticized Nancy Pelosi's claim that the CIA lied to her now owe the Speaker an apology.
Rep. Jan Schakowsky (D-IL), who has been helping lead a committee probe into the CIA's process for briefing lawmakers, asserted yesterday that the agency had misled or outright lied to Congress five times since 2001. One of those cases, Schakowsky confirmed, concerned the 2002 torture briefing at which, Pelosi has claimed, she was lied to about waterboarding. Republicans, led by Minority Leader John Boehner, had savaged her for that charge.
PERMALINK | COMMENTS (19) | RECOMMEND RECOMMEND (7)The CIA misled Congress about its torture program and other issues, Democrats on the House Intelligence committee are asserting as the committee continues to probe the matter.
In a hearing of the House Intelligence committee this afternoon, Reps. Anna Eshoo and Jan Schakowsky, both Democrats, pointed to at least five instances going back to at least 2001 in which the C.I.A. withheld information from or lied to Congress.
PERMALINK | COMMENTS (16) | RECOMMEND RECOMMEND (2)Seven former CIA directors have sent a letter to President Obama, urging him to overturn Attorney General Eric Holder's decision to appoint a torture prosecutor.
Holder's decision, they wrote "creates an atmosphere of continuous jeopardy for those whose cases the Department of Justice had previously declined to prosecute." they added that the probe "will seriously damage the willingness of many other intelligence officers to take risks to protect the country."
PERMALINK | COMMENTS (34) | RECOMMEND RECOMMEND (6)Oh this is good...
Remember how Alberto Gonzales came out the other day and said he supports Eric Holder's decision to investigate torture, as long as the probe is limited to CIA personnel who exceeded the lawyers' legal guidance?
Well it looks like even that qualified position was too much for torture supporters on the right. Because now Gonzo has crawled back to the Washington Times to say that, actually, he didn't really mean it.
PERMALINK | COMMENTS (29) | RECOMMEND RECOMMEND (7)Eric Holder is getting support for his decision to announce a criminal probe of torture from an unlikely source: Alberto Gonzales.
The former Attorney General told a radio interviewer for the Washington Times:
We worked very hard to establish ground rules and parameters about how to deal with terrorists. And if people go beyond that, I think it is legitimate to question and examine that conduct to ensure people are held accountable for their actions, even if it's action in prosecuting the war on terror.PERMALINK | COMMENTS (32) | RECOMMEND RECOMMEND (4)
Earlier today, Jameel Jaffer of the ACLU went on MSNBC, and made a crucial point about the decision to probe torture.
The problem, argued Jaffer, is not that we're investigating clear evidence of law-breaking -- as Dick Cheney and countless conservatives would have it. Rather, it's that the scope of the investigation, as we've noted, appears to be unduly narrow. As things stand, it focuses on CIA personnel, but ignores the Bush administration officials -- both Justice Department lawyers like John Yoo, and high-ranking policy-makers like Cheney himself -- who authorized and approved torture in the first place.
PERMALINK | COMMENTS (12) | RECOMMEND RECOMMEND (4)There's a critical unanswered question about the torture investigation -- or "preliminary review" announced yesterday by Attorney General Eric Holder. And the Justice Department doesn't seem eager to clear it up.
Who, exactly, is to be investigated?
TPMmuckraker's Zachary Roth, discussing Dick Cheney, torture and those CIA documents this afternoon on MSNBC:
PERMALINK | COMMENTS (4) | RECOMMEND RECOMMEND (6)If we're going to have a discussion about torture and the CIA memos -- and it's not at all clear that we are -- it's worth reporting the positions of the interlocutors accurately.
Unfortunately, Politico today fell into a semantic trap set by Dick Cheney in his response to the declassification of the memos, which Cheney himself had sought.
Here's what Cheney said in a statement:
PERMALINK | COMMENTS (62) | RECOMMEND RECOMMEND (15)It's hardly news that Dick Cheney isn't likely to win any prizes for honesty any time soon. But yesterday offered yet another exhibit in the case.
During the debate over torture this spring, Cheney claimed that CIA memos, which he had asked to be declassified, would prove that torture proved effective in obtaining actionable intelligence.
PERMALINK | COMMENTS (60) | RECOMMEND RECOMMEND (24)CIA interrogators racked an unloaded handgun close to the head of a high-value detainee, and revved a power drill while the detainee stood naked and hooded, according to the just-released CIA IG report. They also threatened to bring in the mother and family of the detainee, al Nashiri, as well as using a stiff brush to induce pain, and standing on Nashiri's shackles, causing cuts and bruises.
And interrogators threatened another detainee, Khalid Shaykh Muhammad, that they would kill his children if another attack occurred in the US.
PERMALINK | COMMENTS (7) | RECOMMEND RECOMMEND (4)A good catch by McClatchy on the CIA torture report...
The 2004 report, by CIA Inspector General John Helgerson, contains ten recommendations for action on the part of the agency. But all ten are redacted. So we still don't know what the CIA's internal watchdog urged be done about torture -- including whether it recommended prosecutions.
Of course, the report had been released previously, but in an even more redacted form.
Late Update: Helgerson has issued a statement expressing disappointment that his recommendations were redacted.
PERMALINK | COMMENTS (2) | RECOMMEND RECOMMEND (5)The long awaited 2004 CIA IG report on torture -- which according to Eric Holder helped prompt him to appoint a special prosecutor -- has now been released.
The Justice Department didn't put out an online version, but the Washington Independent has posted the first half, plans to follow up with the second.
Preliminary reports suggest that the report says interrogators threatened to kill Khalid Sheikh Mohammed's children if other attacks occurred in the U.S.
Late Update: The Indy now has the whole thing up.
PERMALINK | COMMENTS (2) | RECOMMEND RECOMMEND (1)The news that Eric Holder will appoint a prosecutor to probe Bush-era abuses hasn't satisfied some torture foes.
The Center for Constitutional Rights has issued a statement blasting the AG for apparently limiting the scope of the probe to CIA personnel who exceeded DOJ guidelines -- rather than including the DOJ lawyers who issued those guidelines, which themselves went far beyond what the law appears to allow.
PERMALINK | COMMENTS (2) | RECOMMEND RECOMMEND (3)The Washington Post is reporting that Eric Holder has decided to name a special prosecutor to probe -- though only up to a point -- instances of torture under the Bush administration.
According to the paper's sources, Holder will name John Durham, a career prosecutor with a reputation for independence and impartiality, who led the investigation into the destruction of CIA interrogation tapes. Read more about Durham here.
PERMALINK | COMMENTS (38) | RECOMMEND RECOMMEND (9)A belated point coming out of last week's news...
Last month, when Leon Panetta provoked congressional outrage by revealing the existence of a secret CIA program to kill top al Qaeda leaders, we had the feeling that there was more to the story than we'd so far learned. After all, in the aftermath of 9/11, the Bush administration had openly and uncontroversially targeting Bin Laden and his top deputies.
PERMALINK | COMMENTS (3) | RECOMMEND RECOMMEND (7)With the Obama administration set later today to release an internal CIA report on torture, director Leon Panetta is preemptively defending his agency, claiming that CIA personnel simply followed the legal guidelines they were given.
In a message to agency employees -- but in fact intended for the reporters to whom it was sent moments ago -- Panetta called the information contained in the 2004 report "old news." He pointed out that the CIA referred cases of abuse to DOJ for prosecution. And he noted: "The Agency sought and received multiple written assurances that its methods were lawful."
Panetta's preemptive message may signal that the report contains even more damaging information than anticipated about Bush-era abuses.
Meanwhile, ABCNews.com is reporting that Panetta last month was involved in a "profanity-laced screaming match" at the White House over DOJ plans to probe whether CIA officers broke the law in carrying out the harsh interrogation techniques.
[Late Update: Greg Sargent adds that in addition to the report itself...
The CIA today will release the two documents Dick Cheney requested this spring that he claims will prove torture worked.I've also confirmed that the CIA will release a declassified version of the chapter in the CIA Inspector General's 2004 report that's widely expected to conclude that there's no proof torture foiled any attacks.
That jibes with Panetta's statement in his message that "the CIA materials include the 2004 report from our Office of Inspector General and two papers--one from 2004 and the other from 2005--that discuss the value of intelligence acquired from high-level detainees."]
The full message from Panetta follows...
PERMALINK | COMMENTS (19) | RECOMMEND RECOMMEND (8)President Obama's desire to look forward, not back, is turning out to be easier said than done.
Last week, Newsweek reported that the long awaited CIA report on torture, set to be released today, reveals that agency interrogators staged mock executions of detainees.
PERMALINK | COMMENTS (3) | RECOMMEND RECOMMEND (7)Rep. Silvestre Reyes, who chairs the House Intelligence committee, has announced an investigation into the secret CIA program that Leon Panetta recently ended, and which Dick Cheney reportedly ordered kept secret from Congress.
From Reyes's statement:
After careful consideration and consultation with the Ranking Minority Member and other members of the Committee, I am announcing an official Committee investigation into possible violations of federal law, including the National Security Act of 1974.This investigation will focus on the core issues of how the congressional intelligence committees and Congress are kept fully and currently informed. To this end, the investigation will examine several issues, including the program discussed during Director Panetta's June 24th notification and whether there was any official decision or direction to withold (sic) information from the Committee.
Since the news broke (sub. req.) at the start of the week that CIA director Leon Panetta had pulled the plug on a secret program to assassinate or capture al Qaeda leaders, we've been raising questions about one key aspect of the story. In particular, what was it about the program that was so shocking that Dick Cheney reportedly ordered it kept secret from Congress, Panetta quashed it as soon as he heard about it, and Congressional Democrats risked being painted as soft on terror by shrieking about being kept in the dark?
We may have gotten a good piece of the answer here: The Washington Post reports today on how the program had been revived and then put on hold several times since 2001. But it also says, referring to the "presidential finding" with which President Bush authorized the program in 2001:
The Obama administration's request to delay releasing a key report on torture has reportedly been granted.
According to Spencer Ackerman of the Washington Independent, a judge has said the CIA can have until August 24 to release the declassified version of a 2004 inspector general's report on the Bush administration's interrogations program. The report's release has already been delayed several times.
PERMALINK | COMMENTS (5) | RECOMMEND RECOMMEND (5)Earlier today, we raised a few questions about the notion that the secret CIA program that Dick Cheney reportedly withheld from Congress concerned an effort to kill or capture al Qaeda leaders. And now a top counter-terror expert is doing the same.
Vince Cannistraro, a former CIA counterterrorism chief, told TPMmuckraker that because we've been in a state of war against al Qaeda since just after September 11, there would have been no need for a secret CIA program that received special legal authorization.
PERMALINK | COMMENTS (69) | RECOMMEND RECOMMEND (39)The pendulum appears to have swung back in the other direction on the issue of criminal investigations into Bush-era torture. It had looked for a while like President Obama's stated desire to look forward not back had carried the day. But now it appears that Attorney General Eric Holder -- independent of his boss's political concerns, which is how things should work -- is leaning back towards initiating a probe. The news was first reported over the weekend by Newsweek, then picked up today by the New York Times and Washington Post.
But whatever Holder ultimately decides, there are already several ongoing government efforts to investigate torture, which figure to substantially fill out our still patchwork understanding of the issue. So as we wait for official word from the Justice Department on a criminal inquiry, it's worth being clear about what those efforts are, and how they relate to each other.
PERMALINK | COMMENTS (6) | RECOMMEND RECOMMEND (2)We've gotten some more information in recent days about that secret CIA program that the agency withheld key information from Congress about, and that CIA director Leon Panetta promptly shut down when he learned about it last month. But the new reports only raise more questions.
On Saturday, the New York Times reported that the CIA withheld information about the secret program "on direct orders" from then-Vice President Dick Cheney. The Times did not identify the program, but noted that, according to intelligence and congressional officials, it involved neither the CIA's interrogation program nor its domestic intelligence (e.g. warrantless wiretapping and surveillance) activities.
PERMALINK | COMMENTS (38) | RECOMMEND RECOMMEND (9)Perhaps the key passage -- or at least the most interesting one -- from the just released inspectors general report on warrantless wiretapping is this one:
PERMALINK | COMMENTS (1) | RECOMMEND RECOMMEND (4)The release of the long-awaited CIA inspector general report on torture has been postponed once again.
The ACLU, which is suing to have the report released, just announced that the government is asking for yet another postponement on the date of the report's release -- this time, until August 31. The CIA had earlier said it would release the report June 19. That was then pushed back to June 26, and then again to July 1.
PERMALINK | COMMENTS (6) | RECOMMEND RECOMMEND (3)Perhaps we shouldn't be surprised at this point. But the latest example of the Obama administration mimicking the Bushies in opting for secrecy over openness feels like one of the most infuriating yet.
The Justice Department is declining to release Dick Cheney's interview with federal investigators looking into the Valerie Plame leak, arguing -- as it did under President Bush -- that doing so would discourage future high-level officials from cooperating with criminal investigations.
PERMALINK | COMMENTS (37) | RECOMMEND RECOMMEND (26)The CIA's former station chief in Algeria has been indicted on sexual assault charges, the Washington Post reports.
Andrew Warren, who was the CIA's top officer in the North African country, was charged with drugging and assaulting a Muslim woman in his official residence in February 2008. The charge carries a maximum sentence of life in prison.
Warren had been sent back to America when the investigation was announced in January. At the time, the Justice Department was looking into assault allegations from two women. When they investigated his home, they found tapes of him engaged in sex acts, one with an apparently semi-conscious woman. The CIA says he has been fired.
Warren has said sex with both women was consensual.
Here are the details of the allegations:
The woman who made the 2008 allegation told investigators that she had known Warren for several months and that he invited her to his residence on Feb. 17 and gave her a tour. She said that after drinking two apple martinis, she suddenly felt paralyzed, though she could speak and see, authorities wrote in court documents.The woman was then sexually assaulted, she told authorities. An investigator with the State Department's Diplomatic Security Service wrote in court papers that the woman's symptoms were consistent with being drugged.
It's looking more and more like Barack Obama's pledge to usher in a new era of openness in government may well go unfulfilled.
Yesterday, administration lawyers cited national security concerns to argue that Bush-era documents detailing the videotaped interrogations of detainees should not be released. And in the wake of that news, open-government advocates are reluctantly acknowledging that, despite Obama's campaign promises, his approach to secrecy on issues of national security will likely not depart significantly from that of George Bush.
PERMALINK | COMMENTS (83) | RECOMMEND RECOMMEND (10)Do we have yet another case of the Obama administration mimicking its predecessor's notorious penchant for government secrecy?
The CIA argued yesterday that Bush-era documents detailing the videotaped interrogations of detainees should not be released, citing national security concerns, reports the Washington Post.
PERMALINK | COMMENTS (27) | RECOMMEND RECOMMEND (11)The Washington Post reports today that, during 2005, Dick Cheney sat in on several of those CIA torture briefings, in an effort to persuade wavering lawmakers to keep backing the torture program.
The news doesn't really come as a shock -- indeed, some close observers had already guessed that the then-veep was involved in the briefings. But it does add to the picture of Cheney embarking during the middle years of the Bush administration on a focused, stealthy campaign to make sure the US didn't give up what he saw as its right to torture.
PERMALINK | COMMENTS (26) | RECOMMEND RECOMMEND (11)Yet more evidence that the CIA may not have been totally up front with Nancy Pelosi during that contested torture briefing from 2002...
A former "deep-cover" CIA operative tells CQ's Jeff Stein that agency briefers often hide facts or shade the truth. "They mumble, they dissemble, and there's a lot of 'on the one hand... '" said the operative, who has written harsh critiques of the CIA, under the pen-name Ishmael Jones.
PERMALINK | COMMENTS (9) | RECOMMEND RECOMMEND (14)For a while now, it's been clear that, as former FBI interrogator Ali Soufan testified earlier this month, Abu Zubaydah was tortured well before the Justice Department issued its first opinion approving enhanced interrogation techniques in August 2002.
So we've been wondering about the procedure by which that treatment was authorized. And it looks like a crucial new report from NPR may have offered an answer.
PERMALINK | COMMENTS (14) | RECOMMEND RECOMMEND (27)That GOP effort to get a congressional investigation into Nancy Pelosi's claim that the CIA lied to her about torture? Looks like it didn't get too far.
The Associated Press reports that the House voted by 252-172 to block the measure, which was sponsored by Rep. Rob Bishop of Utah. Two GOPers, Ron Paul of Texas and Walter Jones of North Carolina, joined Democrats in voting against it.
It looks like we've figured out what Dick Cheney meant when he said President Obama has "reserved unto himself" the right to order enhanced interrogation techniques.
In February the Wall Street Journal reported (sub. req.) :
PERMALINK | COMMENTS (22) | RECOMMEND RECOMMEND (9)We asked earlier about what Dick Cheney might have been referring to when he said President Obama had reserved the right to order enhanced interrogation when he deems it appropriate.
Could Cheney have been referring to this passage from Obama's executive order on interrogations?
PERMALINK | COMMENTS (4) | RECOMMEND RECOMMEND (1)Another day, another indication that the CIA briefings document that Republicans are currently trying to bludgeon Nancy Pelosi with is deeply flawed and unreliable.
The Associated Press yesterday spotted *(see late update below) two clear new errors in the document -- including one real howler we're kicking ourselves for not spotting ourselves:
PERMALINK | COMMENTS (5) | RECOMMEND RECOMMEND (0)Support for Nancy Pelosi -- and for our point that questioning the CIA's honesty isn't really too radical a position -- has come from a perhaps unlikely new source.
The Hill reports that Arlen Specter, the new Democrat who as a Republican chaired the Senate intelligence committee, told a luncheon audience at the American Law Institute: "The CIA has a very bad record when it comes to -- I was about to say candid, that's too mild -- to honesty."

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