by James Oliphant
It might be new Atty. Gen. Michael Mukasey’s first real test.
The revelation that the Central Intelligence Agency in 2005 destroyed videotapes of its agents engaged in harsh interrogation techniques has some members of Congress calling upon the Justice Deparment to launch an investigation.
The New York Times reported Thursday that the CIA destroyed two videotapes were because officers were concerned that the tapes could expose agency officials to legal risks-–even as the agency and those methods were undergoing intense scrutiny from Congress and others, and even as a federal court and the 9/11 Commission were requesting such materials.
Gen. Michael Hayden, the CIA director, said that the decision to destroy the tapes was made “within the CIA.” and that they were destroyed to protect the safety of undercover officers and because they no longer had intelligence value.
As of early Friday afternoon, Mukasey and the Justice Department had yet to comment on the matter. Sen. Dick Durbin (D-Ill.) Friday sent a letter to Mukasey asking him to investigate the CIA for possible obstruction of justice. Meanwhile, Sen. Joseph Biden (D-Del.), a presidential candidate, demanded that the CIA’s inspector general look into the destruction of the tapes.
Of immediate concern to the Justice Department might be what the revelation means for assertions the government made to the court in the terrorism trial of the so-called “20th hijacker” Zacarias Moussaoui.
As noted in a Oct. 25, 2007 letter from Chuck Rosenberg, the U.S. attorney for the Eastern District of Virginia, to Leonie Brinkema, the judge who oversaw the Moussaoui case, CIA attorneys in 2003 assured Brinkema and lawyers for the defense that the CIA didn’t possess any videotapes of interrogations sought by Moussaoui’s lawyers in the hope they would provide exculpatory evidence.
A CIA spokesman told the Washington Post that the destroyed tapes didn’t contain any such evidence. Rosenberg in the letter, which is heavily redacted, seems to blame the bureaucracy within the CIA for the statement to the court regarding the existence of the tapes.
Rosenberg assured Brinkema that the interrogations in question had nothing to do with the Moussaoui prosecution and the plotting of the Sept. 11 attacks. Moussaoui ended up pleading guilty to conspiracy and is serving life in prison.
Short of ordering a new trial for Moussaoui, there may be little that Brinkema can do except to sanction the government, and the attorneys involved, in some way.
But expect her to demand answers, and quickly. Any trial lawyer will tell you that an aggrieved federal judge is rarely a good thing.
• 
• 
• 
Comments
Atty. Gen. Michael Mukasey has a chance to restore some credibility to the office he holds.
"As noted in a Oct. 25, 2007 letter from Chuck Rosenberg, the U.S. attorney for the Eastern District of Virginia, to Leonie Brinkema, the judge who oversaw the Moussaoui case, CIA attorneys in 2003 assured Brinkema and lawyers for the defense that the CIA didn’t possess any videotapes of interrogations sought by Moussaoui’s lawyers in the hope they would provide exculpatory evidence."
Keystone cops are at it again. Beyond belief!
Posted by: Alberto G | December 7, 2007 3:58 PM
Look at Little Dickie Durbin and the rest of the Democratic party scurry to support the terrorists -- again! These people are traitors to the U.S. and the people. It is clear, Little Dickie Durbin is a friend and ally of Al Qaeda and any terrorist. Little Dickie Durbin should be declared an enemy combatant and treated as such (that's a good one for the Loon's John D Archives, huh?).
Seriously, I don't care if the tapes were destroyed. Also, some Democrats like Jane Harmon and Jay Rockefeller were notified more than a year ago that this happened. Really, another nonstory, another nonscandal being turned into a feeding frenzy by the Democratic scum and its media allies.
If some terrorist participant in 9/11 was smacked around some, I don't care. If some terrorist scum was forced to eat yellow snow, i don't care. Good.
But Little Dickie Durbin is more ocncerned about the terrorists than he is the American people. Typical.
Posted by: John D | December 7, 2007 4:02 PM
Oh and will the Swamp have items on NBC refusing to show ads thanking the troops from freedomwatch.org? Somehow I highly doubt it. And, gee, i wonder why??
Posted by: John D | December 7, 2007 4:03 PM
If some terrorist participant in 9/11 was smacked around some, I don't care. If some terrorist scum was forced to eat yellow snow, i don't care. Good.
John D-
What a fine example of a Christian you are.
Posted by: Luke | December 7, 2007 4:13 PM
When the prisoner dies during a torture session we always destroy the tape.
Posted by: KGB | December 7, 2007 4:52 PM
Sometimes the need for security is more important than the publics need to know.Everyone seems ready to condemn this adminstration for secrecy,but in this case they are right on. Does anyone remember the CIA agent that wrote the book a few years back that compromised our security and cost some agents their cover and cost others their lives. Get over it.
Go to bed this evening and feel safe.
Posted by: Paul Jaeger | December 7, 2007 5:09 PM
Further to my previous comment.Does anyone out there remember Sandy Burger? This traitor belongs behind bars.
Posted by: Paul Jaeger | December 7, 2007 5:12 PM
NBC refused to air the ad from Freedomwatch for the exact same reason that CBS refused to air the ad by Moveon.org and the People for the Ethical Treatment of Animals during the Super Bowl.
The media considers any ad by rabid right-wing or left-wing organizations to be "advocacy ads."
Personally...I think they should air them ALL!
Posted by: Mimi Schaeffer | December 7, 2007 5:13 PM
John D.
Try again NBC DID run the freedom watch BS. Of course Ari Fleischer and the Republicans said that they'd never use 9/11 for their political purposes, but don't let that bother you.
Of course with your Dick Durbin comments, I find it absolutely fascinating how you're still using the Republican attack of calling everyone traitors who disagrees with the neocon agenda. Too bad you folks don't understand what a real traitor is.
You know. Someone who breaks international and American laws in addition to human decency by torturing people and telling other Americans how it's acceptable since these folks are detainees.
Posted by: dogjudge | December 7, 2007 5:17 PM
The secretive CIA has destroyed evidence? Those dastardly cloak and dagger fiends ... what will they think of next?
Actually, all they had to do was sneak them into a congressman's office. No searches and siezures allowed.
Posted by: K W Smith | December 7, 2007 5:26 PM
"That's a good one for the Loon's John D Archives, huh?"
Ummmm the answers is no. Our archives are already full on that one. We think you should stop pulling the same lines from your own archives and get some new material.
Oh my, Dick Durbin is visiting the U.S. gulag, er Gitmo? Gee, I would love to see the eyes of the our brave military down there looking at the traitor otherwise known as Illinois' embarrassment.
Posted by: John D | July 10, 2006 2:28 PM
If you want real traitors, I suggest you look at Bill and Hillary, Al Gore, Harry Reid, Dick Durbin, Sandy Berger, etc. Now there are some true traitors!
Posted by: John D | June 16, 2007 9:53 AM
The enemy of the U.S. troops: the jerks who make up the Democratic party. Traitors to the American troops, all of them and all of the Left in the U.S.
Posted by: John D | July 16, 2007 7:53 PM
But most serious of all, Reid, Peloozi, Durbin and the gang have been traitors to this country and its people. Send em to Gitmo ASAP!
Posted by: John D | July 23, 2007 12:45 PM
Leave it to the Defeatist in Chief Dickie Durbin. What an absolute embarrassment he is, and frankly a traitor to the nation.
Posted by: John D | September 7, 2007 3:44 PM
Rather than asking the head-chopping terrorist thugs what is nice treatment or not, I would prefer putting folks like Kennedy, Durbin (and I would start with him first), Reid, Leaky Leahy in the same stalls as the head-chopping terrorists in Gitmo and I would give those terrorists machetes and see what they do with them to the likes of Durbin and Kennedy.
Posted by: John D | November 1, 2007 3:03 PM
"Typical." Yes, typical is most certainly THE word that describes you.
Posted by: Loons | December 7, 2007 5:33 PM
Oh and will the Swamp have items on NBC refusing to show ads thanking the troops from freedomwatch.org? Somehow I highly doubt it. And, gee, i wonder why??
Posted by: John D | December 7, 2007 4:03 PM
On the list of unattractive neocon attributes, the need to perpetually cry about the chronic unfairness to which they are subjected ("the media is ignoring us!!") is near the top (right behind their desire to have the U.S. wage eternal war in futile and self-destructive pursuit of conquest of the entire Middle East).
Glen Greenwald--Author of the book "How Would a PATRIOT ACT?"
Posted by: dt | December 7, 2007 5:41 PM
Bush, Cheney, Rove, Rummy and all of the rest of the thug criminals in this administration should be put on trail for war crimes, they're all a bunch of corrupt liars who have ruined our once good reputation as a country for nothing but their own profit.$$$$$.
A lawyer from this administion actually tested waterboarding on himself and came away with little doubt that it was indeed TORTURE....of course after he told Prez Chimpy of his findings he was fired.
Full story here:
http://www.youtube.com/watch?v=kcO3gRhCihc
Posted by: Johnny Dark | December 7, 2007 7:20 PM
Loons, that was some mighty good reading there. Please present more!
Posted by: John D | December 7, 2007 7:37 PM
"Please present more!"
Sure. There's enough to chose from to make a calender out of them. Cover shot: Springfield,Illinois Theme: Dead-enders on a Mission. You can be January, February, and March. Bruce can be April, May, and June. Jerry White (bring your bathing suit!) and Rush (!) July, August, and September. We got Barney and Karl Rove lined up for November and December.
Really, if anything is unacceptable in this country it is the Loony Ignorant Left. Treasonists, traitors and just plain kooks.
Posted by: John D | January 15, 2007 11:17 AM
Some even consider those Democrats and Republicans pushing for idiotic resolutions to be traitors.
Posted by: John D | February 16, 2007 9:50 AM
The Demoncratic party: Traitors, treasonists, unAmerican, jerks.
Posted by: John D | February 16, 2007 3:48 PM
And hosts of other similar examples of being nice to the Traitorous Party known as the Democrats.
Posted by: John D | March 7, 2007 10:05 AM
Media = treasonists. Got that?
Posted by: John D | June 23, 2006 1:23 PM
Treason: the Democrats in Congress, the Loony Left and the MSM Leftists.
Posted by: John D | July 16, 2007 7:53 PM
Democratic party pretty much are one and the same today. Anti-U.S., anti-military, anti-freedom, anti-right (as in right versus wrong), anti-American people.
Posted by: John D | September 10, 2007 5:20 PM
If there are any traitors in this country it is the Demoncratic party, the liberal media and the Demented Loons on the Left.
Posted by: John D | September 6, 2007 2:04 PM
I think the Bush administration should head straight for the torture then removal of all Lefties in this country.
Posted by: John D | October 9, 2007 7:45 PM
It is the Left that hates America AND Americans.
Posted by: John D | November 24, 2007 6:15 PM
Harry Reid = Al Qaeda's friend in the Senate. That makes him America's enemy.
Posted by: John D | December 4, 2007 12:12 PM
But, not the Demoncrats, the Loony Left, and thier paid minions in the media want the U.S. to bend over and do whatever Ahmad wants.
Posted by: John D | December 4, 2007 4:26 PM
Posted by: Loons | December 7, 2007 10:01 PM
We thought October should be a little different:
Dems you're traitors and you know it.
Posted by: Jerry White | August 27, 2007 9:54 PM
Seems we aren't the only ones archiving...We're thinking John D Bruce Jerry Rush Rove and Barney as yourselves, family shot--Happy Halloween.
Posted by: Loons | December 7, 2007 10:13 PM
Look at little Johnnie D scurrying to defend the Bush administration's torture policy. Nothing says "Christian beliefs" or "family values" like a little government-sponsored torture, right John?
Posted by: Tom O | December 7, 2007 10:38 PM
Get over it.
Go to bed this evening and feel safe.
Posted by: Paul Jaeger | December 7, 2007 5:09 PM
Big Brother will be WATCHING YOU and protecting you.
Posted by: Aung San Suu Kyi | December 8, 2007 3:42 AM
Loons, thank you for providing more tidbits from The Archives of John D. And I see there is even one from the Jerry White Archives. Another Swamp has the Bruce Archives. Do you guys have the Terry Archives too?
Can you loser weirdos say this to yourselves: I have waaaaaaay too much time on my hands!
Posted by: John D | December 8, 2007 10:50 AM
I think the Bush administration should head straight for the torture then removal of all Lefties in this country.
Posted by: John D | October 9, 2007 7:45 PM
Profound John D. Why do you hate America? Why do you hate yourself?
Posted by: Republitard | December 8, 2007 12:43 PM
We're just reflecting you. I know it is though looking in the mirror and admitting you have to much time on you hands to spend posting like it's ground hog day--everyday. Shock and Denial are the first steps in the grieving process on your way to recovery. Keep it up.
Posted by: Loons | December 8, 2007 1:22 PM
Can you loser weirdos say this to yourselves: I have waaaaaaay too much time on my hands!
Posted by: John D | December 8, 2007 10:50 AM
Can you say, I'm an angry d-bag with nooooooo brains in my skull.
Posted by: Andy Dick | December 8, 2007 2:19 PM