The Torture Tapes.
The CIA may have destroyed evidence of
crimes.
[Editorial]
WHEN IT destroyed at least two videotapes of the interrogation of
captured al-Qaeda operatives, the Central Intelligence Agency may have
eliminated evidence of criminal activity. Abu Zubaida, one of the two detainees
whose questioning was taped, is known to have been subjected to waterboarding.
The
In that context, CIA Director Michael V. Hayden's assertion
that the tapes were purged because of concerns they would leak and be used by
al-Qaeda to track down interrogators is not credible. The CIA is skilled at
keeping secrets and protecting agents without destroying valuable material. It
is far more plausible that CIA officials eliminated evidence that could have
been used to hold interrogators accountable for illegal acts of torture -- as
well as the more senior administration officials who ordered or approved those
acts.
Gen. Hayden's account of the tapes, which apparently was hastily
prepared after the New York Times inquired about them, also
asserts that top congressional leaders and committees were informed of the
tapes' existence and of the decision to destroy them. This was quickly
contradicted by a parade of Republicans and Democrats who said they were not
told about the tapes' destruction in advance. Rep. Jane Harman (D-Calif.) said she warned in a
2003 letter against the destruction of any videotapes. The executive director
of the Sept. 11 commission said it asked the CIA for such material in 2004 but
did not receive it.
Congress has already immunized CIA staffers for the acts of torture
they may have committed against al-Qaeda prisoners. But destruction of the
evidence could still be a crime. Sen. John D. Rockefeller IV (D-W.Va.) said
Thursday that the Senate intelligence committee he chairs has asked "for a
complete and accurate chronology of events related to the tapes, including how
the tapes were used, when and why they were destroyed, who was notified of
their destruction and when, and any communication about them that was provided
to the courts and Congress." Attorney General Michael B. Mukasey, who
promised Congress he would uphold the law in just this sort of case, should
order a criminal inquiry by the Justice Department.
In the meantime Congress must act to ensure that the CIA will no longer
practice torture. On Wednesday a conference committee approved an amendment to
an intelligence funding bill that would require that the recently revised Army
interrogation manual, which bans waterboarding and other torture methods, apply
to detainees held by