The CIA Torture Tapes Scandal
Summary:
In December 2007, the New York Times discovered that CIA officials had defied a court order by deleting videotapes that would have shown the interrogation, and very probably the torture, of two suspected terrorists. One prisoner was Abu Zubaydah; the other was later determined to be Abdul-Rahim Hussein Muhammad 'Abdu.
Latest News:
On January 2nd, 2008, the CIA announced a criminal investigation into the destruction of two videotapes reportedly showing the torture of detainees.
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On December 10th, 2007, retired CIA agent John Kiriakou confirmed that Abu Zubaydah had been tortured by waterboarding and that the decision to use waterboarding had been authorized by the White House. This confirms a speech President Bush delivered in September 2006 in which he admitted that "alternative" techniques had been used in the interrogation of Zubaydah.
Background on Abu Zubaydah:
Zubaydah is a known terrorist associate and former member of al-Qaeda. He has implied that he held extraordinarily high rank within the organization, but it is not clear how much of this is true. According to General Wayne Dowding, a former national security advisor to the Bush administration, Zubaydah often "fabricated and weaved in threads that went nowhere." Information he provided is, however, credited in assisting with the arrest of Khalid Sheikh Mohammed and Omar al-Faruq.
President Admitted to "Alternate" Interrogation Procedures of Zubaydah:
In a September 2006 speech, President Bush said:
We knew that Zubaydah had more information that could save innocent lives, but he stopped talking. As his questioning proceeded, it became clear that he had received training on how to resist interrogation. And so the CIA used an alternative set of procedures. These procedures were designed to be safe, to comply with our laws, our Constitution, and our treaty obligations. The Department of Justice reviewed the authorized methods extensively and determined them to be lawful.
Background on Abdul-Rahim Hussein Muhammad 'Abdu:
Better known by his alias Abd al-Rahim al-Nashiri, 'Abdu is a known high-ranking official in al-Qaeda who was involved in planning the terrorist attack on the U.S.S. Cole in October 2000.
Why the Bush Administration Says the CIA Torture Tapes Were Deleted:
According to CIA Director Michael Hayden, the tapes were deleted primarily to protect the identity of interrogators. Hayden denies that the tapes have any relevance to torture investigations, but it is worth noting that the Bush administration's official position is that waterboarding--the form of water torture Kiriakou stated was used during the interrogation--is not described as a form of torture by Bush administration officials.
Potential Legal Consequences of the CIA Torture Tapes:
Because the tapes were deleted in violation of a federal court order, and may have shown criminally actionable acts, those involved in deleting them could be charged with obstruction of justice. The interrogators shown on the tapes could also be charged with violations of U.S. torture law, though this is less likely.