I wanted to return to the torture index released to ACLU the other day to comment on what the CIA claims to have in terms of records.
First, remember what this index is. The April 21 order required CIA to turn over two things.
- Records "relating to the content" of the torture tapes "from the entire period of the tapes that were destroyed"
- "Documents relating to the destruction of the tapes, which describe the persons and reasons behind their destruction"
The second bullet (referred to as Paragraph 4 material) is the stuff discussed in the recent John Durham squabble. The first bullet (referred to as Paragraph 3 material) is the stuff we got the other daya and which I’ll discuss in this post.
The May 7 order summarizes how CIA and ACLU agreed CIA would treat those records that described the content of the torture tapes.
In response to earlier orders, the CIA originally identified appropximately 3,000 documents potentially responsive to paragraph 3 of the Court’s April 20, 2009 Order. Those 3,000 records included "contemporaneous records," which were created at the time of the interrogations or at the time the videotapes were viewed, "intelligence records," which do not describe the interrogations but contain raw intelligence collected from the interrogations, "derivative records," which summarize information contained within the contemporaneous records, and documents related to the location of the interrogations that, upon further review by the CIA, were determined not to relate to the interrogations or to the destroyed videotapes.
With respect to paragraph 3 of the April 20, 2009 Order, the parties jointly propose that the Government address the contemporaneous and derivative records, but not the intelligence records or the other records that ultimately proved to be unrelated to the interrogations or the videotapes. With respect to the contemporaneous and derivitive records, the parties jointly propose the following:
- May 18, 2009: The Government will produce a list of all contemporaneous records and all derivative records. The list will, to the greatest extent permissible on the public record (i.e., the list will not include classified information or information otherwise protected by statute), identify the date, sender, recipient, type, and subject matter for each record;
So the stuff we got the other day is one of three things:
- Documentation made contemporaneously with interrogations that were videotaped
- Documentation made contemporaneously to the viewing of the videotapes
- Derivative records that summarize the contents of the contemporaneous record