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
anon nurse,
Great article, but a sad commentary.
Blouise,
The judge was Alvin Hellerstein.
http://en.wikipedia.org/wiki/Alvin_Hellerstein
As to why Judge Hellerstein didn’t hold the CIA in contempt? My guess would be cowardice. But what do I know…
As rafflaw says, it’s “a mild slap” and nothing more, but instead of a “kick in the pants”… it’s more like a kick in the gut… or worse.
==========================
The closing of the Firedoglake article:
“… a reminder of the dehumanization and torture of detainees that has become permissible and legitimate under the “war on terror.” Torture has been decriminalized. Impunity is normal. The CIA goes to court and escapes being held in contempt. The Justice Department under Obama refuses to fully investigate and prosecute former Bush Administration officials for torture or war crimes.
That reality shouldn’t diminish the fact that the federal judge claimed to value the work the ACLU had done, however this outcome does further affirm the reality that there are limits in the legal system in America. Some officials are shielded because they are part of certain agencies or they are too high on the totem pole to be found guilty. So, authorizing policies that justify the use of torture or engaging in the destruction of evidence of torture or “harsh interrogations” will not land you in jail. It will get you a book deal, an invitation to the Aspen Security Forum and maybe an award or two later on for keeping the country “safe.””
Enjoy your grandma time tomorrow Blouise. We had our boys over this past Friday and it was a riot!
AY,
Let’s ask George Jr.
Gotta get to bed … 3 year old grandchild will be here at 8:00am ready to play
Hmmm, that would definetly be a new cover….think it would be best to ask Mitt about his daddy’s experience?
AY,
Be very careful … these dudes could make you into a mail order bride!
I think that this sanction is a mild slap on their wrist and a kick in the pants for the country!
anon nure,
I read the article but can’t find his reason. So you think the ACLU will file additional things tomorrow?
Blouise,
I am hurt….I promise to work undercover….
anon nurse,
A small step … did the Judge offer an explanation as to why he did not hold anyone in contempt for violating his order?
AY,
The CIA is not going to give you a mail order bride
I know only one phrase in Polish … dupe jestes (sp?) which means “you are an asshole” which isn’t going to help me one little bit. I’m doomed.
AN,
CS…..
Elaine M.,
I can get the volume to work….Hmmmmmm……The Ghost of Nixon past again I am sure….
http://dissenter.firedoglake.com/2011/08/01/judge-sanctions-cia-for-destruction-of-interrogation-tapes/
Judge Sanctions CIA for Destruction of Interrogation Tapes
By: Kevin Gosztola Monday August 1, 2011 6:48 pm
“A judge has sanctioned the CIA for the destruction of interrogation tapes but rejected a renewed motion from the ACLU to have the court hold the CIA and other individual officials like Jose Rodriguez in contempt. The ACLU considers the outcome a fairly significant success, despite the fact the CIA was not found to be in contempt by Judge Alvin Hellerstein.
Staff attorney at the National Security Project of the ACLU, Alex Abdo, reports Hellerstein awarded attorney fees for their efforts to expose the CIA’s destruction of the tapes. He did not think destruction of the tapes should have taken place. The CIA had violated his order, however, he would not hold the CIA or any individual officials in contempt.”
Blouise, AY, rafflaw,
Speaking of Deep Throat:
No I do not speak Romanian….I could learn….But I do see that they have mail order brides for sell in the Ukraine….maybe just maybe…I could see if one of them wanted to shelter me there…..In Texas we have an Odessa and they do too…It would be kinda of like being home….but then my ear burn when I think of what I read in the Odessa Files….But then Midland is probably sheltering Bush….
And btw his prediction that we would not have dick to kick around anymore….finally came true….
Well you did hear that Nixon had to see deep throat 12 times before he could get it down Pat right?
AY,
Maybe will run into each other in the same black ops prison … do you speak Romanian?