The Political Chase

Destroyed CIA tapes fit Bush patterns

The New York Times’ revelation yesterday that the CIA in 2005 destroyed videotapes documenting interrogations of Al Qaeda operatives conducted in 2002 has far-reaching implications that span the Bush administration — obstruction of justice, war crimes, and if even possible, further deterioation of the country’s standing in the international community. And as expected, Democrats are on the war path.

First, the 9/11 Commission, a Congressional inquiry begun in 2002, and the judge presiding over the trail of Zacharias Moussaoui both requested interrogation related information. Destroying the evidence and refusing to acknowledge it existed is obstruction of justice. But those are irrelavent according to CIA Director Michael Hayden.

CIA Director Michael V. Hayden acknowledged the destruction of the tapes in a message distributed to the CIA workforce. Hayden said the tapes had been destroyed in 2005 “only after it was determined they were no longer of intelligence value and not relevant to any internal, legislative, or judicial inquiries.”

Does anybody really believe that excuse? Hayden obviously is a graduate of the Dick Cheney School of Government. Congress demanded the information, the courts demanded the information, but Hayden’s decision trumps the Constitutional authority of Congress and the courts. It simply fits the pattern and policies — deception and felonious behavior — that have dominated the Bush administration.

Second, this will be a real test for Michael Mukasey’s integrity. Will he initiate the appropriate investigations or will he cover for the Bush administration as Alberto Gonzales and others have done in the past?

Third, this again raises issues of war crimes committed by the administration — waterboarding is a violation of international laws and treaties. Although the Times piece did not specifically state waterboarding was documented in the videotapes, NBC News citing “officials,” reports the “videos included the waterboarding of Abu Zubaydah, the leader in charge of al-Qaida’s training camps.” That is a direct violation of the Geneva Conventions.

Democrats have expressed outraged and called on Attorney General Michael Mukasey to investigate the matter. Rep. Jane Harman (D-CA), said she “cautioned C.I.A. officials [in 2003] not to destroy any videotapes pertaining to interrogation practices.” (Also see this post)

“This matter must be promptly and fully investigated,” said Ms. Harman, now head of the Homeland Security subcommittee on intelligence and terrorism risk assessment. She noted that in early 2003 she received “a highly classified briefing” on C.I.A. interrogation practices from the agency’s general counsel, and that she had expressed “serious concerns” in a letter to the lawyer afterward.

“I call for my letter of February 2003, which was never responded to and has been in the C.I.A.’s files ever since, to be declassified,” the Congresswoman said.

An outraged Ted Kennedy said, “We haven’t seen anything like this since the 18½ -minute gap on the tapes of Richard Nixon.”