Constitutional Law, Criminal law, International, Justice, Military, Politics, Things That Tick Me Off

The CIA Destroyed Evidence..So Why Shouldn’t They Be Held in Contempt?

Submitted by Lawrence Rafferty-Guest Blogger

 

Since we have been all so absorbed by the ongoing political saga involving the imaginary debt ceiling crisis, I thought it would be therapeutic to discuss something totally unrelated to that nonsense.  As you will recall, the CIA destroyed hundreds of hours of video tape documentation of the infamous CIA Torture Program during the last Administration.  “Despite a court order, the Central Intelligence Agency (CIA) destroyed hundreds of hours of video tape showing the alleged torture of two terror detainees, and now the American Civil Liberties Union (ACLU) is asking a New York judge to punish them for it.  In a case being heard Monday, attorneys for the ACLU will argue that the agency, and former deputy director Jose Rodriguez in particular, should be held in contempt of an order to preserve records responsive to a Freedom of Information Act (FOIA) request filed in 2004.

“The record indicates that far from an innocent mistake, Rodriguez ordered the tapes destroyed to cover up evidence that ‘would make us look terrible’ and be ‘devastating’ to the CIA,” the ACLU’s filing (PDF) argues, quoting Rodriguez emails obtained through FOIA requests. “Indeed, Rodriguez weighed the ‘heat’ that would come from destroying the documents and concluded that it ‘is nothing compared to what it would be if the tapes ever go into public domain.'”

As many as 92 tapes of terror war captives being tortured by CIA operatives were allegedly destroyed. Officials suggested these recordings depicted torture sessions with terrorism suspects Abu Zubaydah and Abd al-Nashiri.  Along with the tapes, detailed records of the CIA’s so-called “torture flights,” showing the planes, destinations and even the passengers, were also said destroyed.” Raw Story

Now, I may be a little slow, but I hardly think that the CIA “accidentally” destroyed a treasure trove of incriminating evidence after being ordered to protect all evidence by a Federal Judge.  Here is a link to the full ACLU contempt filing:   ACLU   As the quoted CIA emails state, the former Deputy Director was obviously worried about what would happen if the American public ever saw the damaging evidence that the judge had ordered to be preserved. It sounds logical that Mr. Rodriguez and the CIA made a “Ford Pinto” type of decision that they would rather deal with the courts than the American public.

What does this situation tell us about the state of our Democracy, when an agency of the Federal Government appears to have intentionally disobeyed a court order, just to save their own skin? What does it tell us about our Democracy when the Justice Department refuses to hold anyone responsible for torture that has been illegal for decades?

It has been almost seven (7) years since this FOIA request and almost four (4) years since the CIA admitted to destroying the protected records.  Should the former Deputy Director be held responsible and should higher-ups be included to deter law breaking in the future? If the court doesn’t order the CIA and its officials to pay damages, will any agency ever fear a court decision or order again?  I know what you may be thinking.  A lot of questions, but no answers.    Let’s hear your answers!

Respectfully submitted by Lawrence Rafferty-Guest Blogger

 

107 thoughts on “The CIA Destroyed Evidence..So Why Shouldn’t They Be Held in Contempt?”

  1. AY,

    Yeah, I know, but she looked so pathetic … he was a cad in so many ways but that was really awful.

  2. Blouise,

    It is a greater chance I have a contract on me than either of you fine ladies…I can assure you of that..

  3. Blouise,

    You did not hear me say that the circus was not in town that day….She was only doing what she was trained to do….

  4. rafflaw,

    I vividly remember her giving that demonstration … Nixon let her do it … I think that was the highlight of his caddishness.

  7. AY,

    Remember the contorted position she had to have been holding in order to accomplish that? What a crock.

  8. Apparently she did not know how to run the reel to reel…..It was easy to screw those mini ones up…

  10. It would be great fun to make the CIA an election issue.

    Question: Do you believe the CIA has usurped the power of the Presidency?

    Question: Do you have the strength to say no to the CIA?

    Question: Will you instruct your Attorney General to prosecute any CIA employee who is suspected of breaking the law?

    Ask all candidates variations on those questions over and over again … set up hypothetical questions … make it an issue. Shine a light on their crappy little black ops. After their monumental failure on 9/11, they deserve nothing less.

  12. AY,
    I like your Nixon comparison! Wasn’t his secretary the one who “accidentally” erased those 17 minutes?!

  13. Should the former Deputy Director be held responsible and should higher-ups be included to deter law breaking in the future?

    Damn Straight….This is not unlike the 17 or so minutes that got erased under the tricky uncle dick watch….

  16. Bud,

    It has some audio issues…, but is still worth watching, IMHO…

  17. anon nurse 1, August 1, 2011 at 9:43 pm

    I don’t know, Bud, but I know this: Somebody has to do it, or it’s over.

    You’re absolutely right..
    That’s why I said that the direction the country is going, it
    looks irreversible to me.

    If Obama is the best that we have, we have been deceived.
    In this deception, everything is possible.

  18. anon nurse,

    No, we should never throw the towel.
    But, we do not have a strong principled
    leader that would take up this cause.

    And even the strong leaders can only
    do so much…

    Thank you for the tip on Italian Fascism.
    Should be interesting

  19. Where’s Robespierre when you need him?

    Power must always be exorcised by equal amounts of power. There is no persuading them…look to Egypt or Syria. It would be exactly the same here.

  20. I don’t know, Bud, but I know this: Somebody has to do it, or it’s over.

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