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Salon.com – January 2, 2008
9/11 Commission:
Our investigation was "obstructed"
Glenn Greenwald
The bi-partisan co-chairmen of the 9/11 Commission, Tom Kean and Lee Hamilton, jointly published an Op-Ed in today's New York Times which contains some extremely emphatic and serious accusations against the CIA and the White House. The essence:
[T]he recent revelations that the C.I.A. destroyed videotaped interrogations of Qaeda operatives leads us to conclude that the agency failed to respond to our lawful requests for information about the 9/11 plot. Those who knew about those videotapes -- and did not tell us about them -- obstructed our investigation.
More strikingly still, they explicitly include the White House at the top of their list of guilty parties:
There could have been absolutely no doubt in the mind of anyone at the C.I.A. -- or the White House -- of the commission's interest in any and all information related to Qaeda detainees involved in the 9/11 plot. Yet no one in the administration ever told the commission of the existence of videotapes of detainee interrogations.
To underscore the seriousness of their accusations, Keane and Hamilton end with this:
What we do know is that government officials decided not to inform a lawfully constituted body, created by Congress and the president, to investigate one the (sic) greatest tragedies to confront this country. We call that obstruction.
It's hard to imagine a more serious scandal than this. As I noted the other day, it is a confirmed fact that Alberto Gonzales and David Addingtion -- the top legal representatives of George Bush and Dick Cheney, respectively -- participated in discussions as to whether those videotapes should be destroyed. The White House refuses to disclose what these top officials said in those meetings. Did they instruct that the videos should be destroyed or fail to oppose their destruction? The NYT previously quoted one "senior intelligence official with direct knowledge of the matter [who] said there had been 'vigorous sentiment' among some top White House officials to destroy the tapes."
Thus, we have evidence that "top White House officials" vigorously argued that these videos should be destroyed. The number one aides to both the President and Vice President both participated in discussions as to whether they should be, almost certainly with the knowledge and at the direction of their bosses.
And now we have the 9/11 Commission Chairmen stating as explicitly as can be that the mere concealment (let alone destruction) of these videos constituted the knowing and deliberate obstruction of their investigation into the worst attack on U.S. soil in our history. Combined with the fact that the videos' destruction almost certainly constitutes "obstruction of justice" with regard to numerous judicial proceedings as well, we're talking here about extremely serious felonies at the highest levels of our government.
Both legally and politically, it's hard to imagine a more significant scandal than the President and Vice President deliberately obstructing the investigation of the 9/11 Commission by concealing and then destroying vital evidence which the Commission was seeking. Yet that's exactly what the evidence at least suggests has occurred here.
What possible justification is there for the White House to refuse to say what the role of Addington, Gonzales, Bush and Cheney was in all of this? Having been ordered by Bush's new Attorney General not to investigate, are the Senate and House Intelligence Committees (led by the meek Silvestre Reyes and the even meeker Jay Rockefeller) going to compel answers to these questions? In light of this Op-Ed, do Mitt Romney, John McCain, Rudy Giuliani, Fred Thompson and Mike Huckabee think the White House should publicly disclose to the country the role Bush and Cheney played in the destruction of this evidence? If there are any reporters left who aren't traipsing around together in Iowa, it seems pretty clear that this story ought to be dominating the news.
Michael Mukasey orders criminal investigation
The Justice Department opened a criminal investigation into the destruction of CIA interrogation videotapes and Attorney General Michael B. Mukasey appointed an outside prosecutor to oversee the case. . . .
"The Department's National Security Division has recommended, and I have concluded, that there is a basis for initiating a criminal investigation of this matter, and I have taken steps to begin that investigation," Mukasey said in a statement released Wednesday.
Mukasey named John Durham, a federal prosecutor in Connecticut, to oversee the case.
House Judiciary Committee Chairman John Conyers is unhappy that the prosecutor here will lack independence:
While I certainly agree that these matters warrant an immediate criminal investigation, it is disappointing that the Attorney General has stepped outside the Justice Department's own regulations and declined to appoint a more independent special counsel in this matter. . . .
The Justice Department's record over the past seven years of sweeping the administration's misconduct under the rug has left the American public with little confidence in the administration's ability to investigate itself. Nothing less than a special counsel with a full investigative mandate will meet the tests of independence, transparency and completeness. Appointment of a special counsel will allow our nation to begin to restore our credibility and moral standing on these issues.
In one sense, one could argue that it's unfair to impute the corruption of Alberto Gonzales to Michael Mukasey and simply to assume that a fair investigation therefore won't be conducted (particularly given that a prosecutor like Durham would unlikely tolerate undue interference).
But I think Conyers' broader point is more persuasive: the record of this administration leaves no doubt that they will interfere as much as they can to prevent any type of accountability for their actions, and that fact alone -- regardless of one's views of Mukasey -- compels as independent an investigation as possible, one that resides beyond the suspicions that a passing familiarity with this administration necessarily and quite reasonably engenders.
http://www.salon.com/opinion/greenwald/2008/01/02/obstruction/index.html
New York Times - January 2, 2008
Stonewalled by the C.I.A.
By THOMAS H. KEAN and LEE H. HAMILTON
MORE than five years ago, Congress and President Bush created the 9/11 commission. The goal was to provide the American people with the fullest possible account of the “facts and circumstances relating to the terrorist attacks of Sept. 11, 2001” — and to offer recommendations to prevent future attacks. Soon after its creation, the president’s chief of staff directed all executive branch agencies to cooperate with the commission.
The commission’s mandate was sweeping and it explicitly included the intelligence agencies. But the recent revelations that the C.I.A. destroyed videotaped interrogations of Qaeda operatives leads us to conclude that the agency failed to respond to our lawful requests for information about the 9/11 plot. Those who knew about those videotapes — and did not tell us about them — obstructed our investigation.
There could have been absolutely no doubt in the mind of anyone at the C.I.A. — or the White House — of the commission’s interest in any and all information related to Qaeda detainees involved in the 9/11 plot. Yet no one in the administration ever told the commission of the existence of videotapes of detainee interrogations.
When the press reported that, in 2002 and maybe at other times, the C.I.A. had recorded hundreds of hours of interrogations of at least two Qaeda detainees, we went back to check our records. We found that we did ask, repeatedly, for the kind of information that would have been contained in such videotapes.
The commission did not have a mandate to investigate how detainees were treated; our role was to investigate the history and evolution of Al Qaeda and the 9/11 plot. Beginning in June 2003, we requested all reports of intelligence information on these broad topics that had been gleaned from the interrogations of 118 named individuals, including both Abu Zubaydah and Abd al Rahim al-Nashiri, two senior Qaeda operatives, portions of whose interrogations were apparently recorded and then destroyed.
The C.I.A. gave us many reports summarizing information gained in the interrogations. But the reports raised almost as many questions as they answered. Agency officials assured us that, if we posed specific questions, they would do all they could to answer them.
So, in October 2003, we sent another wave of questions to the C.I.A.’s general counsel. One set posed dozens of specific questions about the reports, including those about Abu Zubaydah. A second set, even more important in our view, asked for details about the translation process in the interrogations; the background of the interrogators; the way the interrogators handled inconsistencies in the detainees’ stories; the particular questions that had been asked to elicit reported information; the way interrogators had followed up on certain lines of questioning; the context of the interrogations so we could assess the credibility and demeanor of the detainees when they made the reported statements; and the views or assessments of the interrogators themselves.
The general counsel responded in writing with non-specific replies. The agency did not disclose that any interrogations had ever been recorded or that it had held any further relevant information, in any form. Not satisfied with this response, we decided that we needed to question the detainees directly, including Abu Zubaydah and a few other key captives.
In a lunch meeting on Dec. 23, 2003, George Tenet, the C.I.A. director, told us point blank that we would have no such access. During the meeting, we emphasized to him that the C.I.A. should provide any documents responsive to our requests, even if the commission had not specifically asked for them. Mr. Tenet replied by alluding to several documents he thought would be helpful to us, but neither he, nor anyone else in the meeting, mentioned videotapes.
A meeting on Jan. 21, 2004, with Mr. Tenet, the White House counsel, the secretary of defense and a representative from the Justice Department also resulted in the denial of commission access to the detainees. Once again, videotapes were not mentioned.
As a result of this January meeting, the C.I.A. agreed to pose some of our questions to detainees and report back to us. The commission concluded this was all the administration could give us. But the commission never felt that its earlier questions had been satisfactorily answered. So the public would be aware of our concerns, we highlighted our caveats on page 146 in the commission report.
As a legal matter, it is not up to us to examine the C.I.A.’s failure to disclose the existence of these tapes. That is for others. What we do know is that government officials decided not to inform a lawfully constituted body, created by Congress and the president, to investigate one the greatest tragedies to confront this country. We call that obstruction.
Thomas H. Kean and Lee H. Hamilton served as chairman and vice chairman, respectively, of the 9/11 commission.
http://www.nytimes.com/glogin?URI=http://www.nytimes.com/2008/01/02/opinion/02kean.html&OQ=_rQ3D1Q26refQ3Dopinion&OP=3a00ed63Q2FXz@2XQ2Ak(Q3CvkkQ27gXgQ3BQ3B1XQ3BfXQ3BgXkEbjbkjXQ3BgU@FjKQ5DQ27dC
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