Shorter DiFi: The Torture Report Started in Response to Michael Hayden’s Lie

I gotta hand it to Dianne Feinstein: the closest she comes to calling Michael Hayden a shriveled impotent old man in response to his suggestions she’s a hysterical female is when (at 6 minutes) she says calling women emotional is “an old male fallback position.”

Far more interesting, though, is the description she offers for the genesis of the report. It arose in response to Hayden’s damage control after CIA’s destruction of the torture tapes became public.

In December [2007]–the 11th–Director Hayden appeared before our committee and said he would allow members and/or staff to review operational cables which he said were just as good.

[snip]

The genesis of the report was back with the videotape and back under then Chairman Rockefeller, who assigned staff, staff studied the operational cables, came back, reported to us, we took a look at that and said — both sides — we should move ahead and do a full study.

And while she doesn’t say it, she makes clear that Hayden lied in this damage control, when he said the “operational cables were just as good” as the torture tapes.

He can’t know that.

The backup to the CIA IG Report, after all, is that the even by the time CIA’s Office of General Counsel decided to destroy the tapes, they had been damaged.

[Redacted] for many of the tapes one 1/2 or 3/4 of the tape “there was nothing.” [Redacted] on some tapes it was apparent that the VCR had been turned off and then turned back on right away. [Redacted] on other tapes the video quality was poor and on others the tape had been reused (taped over) or not recorded at all. [Redacted] The label on some tapes read “interrogation session,” but when viewed there was just snow. [Redaction] did not make note of this in [redaction] report. [Redaction] estimated that “half a dozen” videotapes had been taped over or were “snowy.”

And at least one torture session, including waterboarding, was not captured on the tapes at all.

OIG compared the videotapes to logs and cables and identified a 21-hour period of time” which included two waterboard sessions” that was not captured on the videotapes.

That’s important because the IG also found that the waterboarding depicted in the videos that remained undamaged didn’t comply with the guidelines laid out by DOJ. In other words, there’s very good reason to believe that the tapes got destroyed, in part, because they showed CIA exceeding the legal limits laid out by DOJ.

To make things worse, Rockefeller had requested the torture tapes in the weeks before they got destroyed.

So I can imagine how Hayden’s bullshit line about the cables being just as good as the torture tapes withheld from Rockefeller might launch an investigation.

Michael Hayden has only himself to blame for this report.

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15 Responses to Shorter DiFi: The Torture Report Started in Response to Michael Hayden’s Lie

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Emptywheel Twitterverse
bmaz @Nick_Hentoff While they go about getting rid of him for good.
34mreplyretweetfavorite
bmaz @Nick_Hentoff Looks like they have 4 judges in that circuit. County ought to remove all crim cases immediately from Weill.
34mreplyretweetfavorite
bmaz @Nick_Hentoff Yeah, they have a problem there. The local DA's office should be joining in effort to oust hime. Bad form crim justice.
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bmaz RT @Nick_Hentoff: .@bmaz Judge Jeff Weill filed 700-page misconduct report on PD w/ highest win rate in his court; 699 pages on theft of s…
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bmaz RT @Nick_Hentoff: What a battle between a Miss. judge & public defenders tells us about the state of indigent defense https://t.co/4QbIrj9b
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bmaz This judge has to go----> Hinds County Circuit Judge Weill faces new abuse allegations http://t.co/89GCO1qdeQ https://t.co/pMqv0ODELN
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bmaz @dcbigjohn @adamsteinbaugh @nycsouthpaw You are a law reporter now John, you are one of us now. Get with the program!
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bmaz @adamsteinbaugh @PogoWasRight @CathyGellis @marciahofmann @BillMcGev Like I said earlier, good luck with that.
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bmaz @PogoWasRight @CathyGellis @marciahofmann @BillMcGev I don't have a lot of love for Assange, but credit where due, this won't phase him.
7hreplyretweetfavorite
bmaz @biasedreporter Not so good on those issues either.
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bmaz @PogoWasRight @marciahofmann @BillMcGev Good luck with that.
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emptywheel RT @RickDeVos: HBO or Netflix: Please make a high quality period serialization of The Count of Monte Cristo.
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