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 @attackerman RT if you remember when people said "cut" instead of "ditch." Or is that a geographical thing?
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emptywheel @onekade Also important to note they found this guy on sanctions charges using drug database. @hannifakhoury @catherinencrump
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emptywheel Judge Brinkema declined to throw out Sterling case on venue grounds saying "there's enough smoke" in circumstantial case to go to jury
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emptywheel @jujueyeball Well, it's sunny here today so 9 degrees feels warm @OddLetters
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emptywheel @jujueyeball It has happened 2X here in MI, tho one was admittedly summertime. @OddLetters
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emptywheel @APDiploWriter It's a VERY circumstantial case except on one count for which venue REALLY problematic.
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emptywheel How does Health Department weigh dirty NYC ice? RT @theurbansherpa: Is that true even when they're surrounded by miles of ice?
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JimWhiteGNV Juno it's gonna snow?
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bmaz @theurbansherpa @screencrafting Outstanding! Man, what with the hockey championship too, the family is on a roll.
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bmaz .@markos @emptywheel I would like to point out that it is a little cloudy, and a chilly 63º here right now.
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