Speaking publicly before a Congressional committee, CIA Director Michael Hayden says that “the lessons learned in Iraq are being applied to Afghanistan” by al-Qaeda. For instance, the number of suicide bombings in Afghanistan is greatly increasing (see 2004-2007). [Rashid, 2008, pp. 282, 442] The Taliban also greatly increase the use of IEDs (improvised explosive devices), the roadside bombs which have proven highly effective in Iraq. The use of IED bombings rises from 530 times in 2005 to 1,297 in 2006. [Rashid, 2008, pp. 367]
March 14, 2007: House Intelligence Committee Informed of Destruction of CIA Interrogation Tapes in ‘Offhand Comment’
In response to a question asked at a briefing, CIA Director Michael Hayden makes an “offhand comment” to the House Intelligence Committee indicating that tapes the CIA has made of detainee interrogations have been destroyed (see Spring-Late 2002). Although some committee members have been aware of the tapes’ existence since 2003 (see February 2003), this is apparently the first time they learn of their destruction, which occurred over year ago (see November 2005). The destruction is again “briefly mentioned” in a letter to a member of the committee in mid-April. Leading committee members Silvestre Reyes and Peter Hoekstra will later write to Hayden, “We do not consider this to be sufficient notification. Moreover, these brief mentions were certainly not contemporaneous with the decision to destroy the videotapes.” [US Congress, 12/7/2007] The Senate Intelligence Committee is apparently not informed until later (see December 7, 2007).
July 2007: President Bush Again Authorizes the CIA to Use Some Aggressive Interrogation Methods
In October 2007, the New York Times will report that in July, “after a month-long debate inside the administration, President Bush signed a new executive order authorizing the use of what the administration calls ‘enhanced’ interrogation techniques—the details remain secret—and officials say the CIA again is holding prisoners in ‘black sites’ overseas.” The executive order is said to have been reviewed and approved by Steven Bradbury, head of the Office of Legal Counsel. [New York Times, 10/4/2007] In late 2005 the Justice Department issued a secret memo declaring all aggressive interrogation techniques used by the CIA legal (see Late 2005), so apparently this mostly reconfirms the gist of that earlier ruling. It has been clear since April 2007 that the secret CIA prisons are still operating (see Autumn 2006-Late April 2007). Hours after the new executive order is issued, CIA Director Michael Hayden issues a secret memo to his CIA employees: “The President’s action – along with the Military Commissions Act of 2006 – gives us the legal clarity we have sought. It gives our officers the assurance that they may conduct their essential work in keeping with the laws of the United States.” One senior Bush administration official will later hint that the order does allow sleep deprivation to be used but does not allow exposure to extremes of hot and cold. [MSNBC, 9/13/2007] Intelligence officials also later say that the order not to allow the use of waterboarding. [New York Times, 12/7/2007]
August 21, 2007: CIA Director Hayden Criticizes Publication of CIA Inspector General’s 9/11 Report
CIA Director Michael Hayden releases a statement attacking the publication of the executive summary of a report by the CIA’s inspector general about some aspects of the agency’s performance before 9/11 (see August 21, 2007). Hayden lambasts the decision to publish it, saying it will “distract officers serving their country on the frontlines of a global conflict,” “consume time and attention revisiting ground that is already well plowed,” and have a “chilling effect” on officers. Hayden also says that the officers criticized in the report and others “took strong exception to its focus, methodology, and conclusions,” and that neither he nor his predecessor Porter Goss implemented the report’s main finding (see October 10, 2005)—accountability boards to assess the performance of the officers who performed poorly before 9/11. Instead, Hayden praises these officers, saying they “worked flat out” and that their “skill, wisdom, energy, and leadership” made “powerful contributions to our national security.” Despite refusing to convene the accountability boards or even name most of the employees who performed poorly, Hayden remarks, “This is not about avoiding responsibility,” arguing that the CIA has already discussed failings in some of its programs before 9/11. [Central Intelligence Agency, 8/21/2007]
September 19, 2007: Terrorism Analyst Says It Is Better to Let Al-Qaeda Issue Videos
Following the release of a new video and a new audio message from a man thought to be Osama bin Laden (see September 7, 2007 and September 11, 2007), terrorism analyst Peter Bergen says it may be a good idea to allow As-Sahab, a clandestine institute that makes videos for al-Qaeda, to continue to operate. Bergen says it would be difficult to shut the operation down, “You’d have to capture or kill everyone involved, and if you knew who they were, you might want to follow them instead,” says Bergen, adding, “Understanding the inner workings of As-Sahab is probably as good a way as any I can think of to get close to bin Laden and [al-Qaeda deputy leader Ayman al-]Zawahiri.” However, former director of the National Counter-Terrorism Center John Brennan says of a possible attempt at penetrating As-Sahab, “Don’t presume that’s not happening.” CIA Director General Michael Hayden says of As-Sahab’s ability to continue putting out videos, “It might be disappointing, but it shouldn’t be surprising.” [United Press International, 9/19/2007]
December 6, 2007: CIA Pre-empts New York Times Article and Admits Destroying Videos of Detainee Interrogations; Political Outcry Follows
In a statement released by CIA Director Michael Hayden, the CIA admits that it has destroyed videotapes of interrogations of two detainees, Abu Zubaida and Abd al-Rahim al-Nashiri (see Spring-Late 2002 and November 2005). [Central Intelligence Agency, 12/6/2007] The statement is apparently released to preempt a New York Times article on the verge of publication that would have revealed the destruction. [Washington Post, 12/7/2007] The fact that the CIA had videoed detainee interrogations was made public a few weeks previously (see November 13, 2007). [US District Court for the Eastern District of Virginia, Alexandria Division, 10/25/2007 ] According to several former intelligence officials, there is concern that the tapes could have set off controversies about the legality of the interrogations and generated a backlash in the Middle East. [New York Times, 12/8/2007] Numerous political figures condemn the destruction in strong terms. For example, Senator Edward Kennedy (D-MA) says, “We haven’t seen anything like this since the 18½-minute gap in the tapes of President Richard Nixon,” and, “What would cause the CIA to take this action? The answer is obvious—coverup.” Senator Richard Durbin (D-IL) says, “What is at stake here goes to the heart of the rule of law and justice in America.” Human rights activists are also angry, and an Amnesty International spokesman says, “It falls into a pattern of measures that have been taken that obstruct accountability for human rights violations.” [CBS News, 12/7/2007; ABC News, 12/7/2007] Both the Justice Department and the CIA’s Inspector General initiate preliminary inquiries. The House and Senate intelligence committees also start investigations. [Los Angeles Times, 12/9/2007]
December 7, 2007: Legislators with CIA Oversight Say They Did Not Know About Tapes’ Destruction, Contradicting Hayden
Chairman of the Senate Intelligence Committee Jay Rockefeller (D-WV) says that he did not know about the destruction of CIA videos of detainee interrogations (see November 2005 and December 6, 2007). [US Congress, 12/7/2007] This contradicts a statement by CIA Director Michael Hayden saying that, “Our oversight committees also have been told that the videos were, in fact, destroyed.” [Central Intelligence Agency, 12/6/2007] The CIA says that the committee was informed of the destruction in November 2006, but, “A review of the November 2006 hearing transcript finds no mention of tapes being destroyed.” [US Congress, 12/7/2007] The House Intelligence Committee was apparently informed in March 2007. [CBS News, 12/7/2007] However, the committee will say to Hayden that, “The notification came in the form of an offhand comment you made in response to a question,” and, “We do not consider this to be sufficient notification.” [US Congress, 12/7/2007] There is also a dispute over what happened when the committees were first informed of the videos’ existence. Hayden says, “The leaders of our oversight committees in Congress were informed of the videos years ago and of the Agency’s intention to dispose of the material.” [Central Intelligence Agency, 12/6/2007] Some political leaders were informed of the tapes in 2003, but urged that they not be destroyed (see November 2005).
December 11, 2007: Bush Says He Was Unaware of CIA Interrogation Videotapes and Their Destruction
President George Bush says he was unaware that the CIA had videotaped detainee interrogations. The CIA had videotaped some interrogations in 2002 (see Spring-Late 2002), but the tapes were destroyed in late 2005 (see November 2005), and this was disclosed five days previously (see December 6, 2007). Bush says, “My first recollection of whether the tapes existed or whether they were destroyed was when [CIA Director] Michael Hayden briefed me.” [ABC News, 12/11/2007] Bush took an interest in information coming from one of the detainees who was videotaped, Abu Zubaida (see Late March 2002), and normally a president would be informed about activities like the detainee interrogations. However, there appears to have been a long-standing deliberate policy of keeping Bush out of the loop regarding aggressive interrogation methods to protect him from any adverse consequences that might arise (see April 2002 and After).
December 11-12, 2007: Hayden Backtracks over CIA Tape Destruction Following Appearances Before House and Senate Committees
Following appearances before the Senate and then House Intelligence Committees, CIA Director Michael Hayden takes a different line than the previous week over the CIA’s destruction of videotapes showing detainee interrogations. When the scandal first broke, he had said: “The leaders of our oversight committees in Congress were informed of the videos years ago and of the Agency’s intention to dispose of the material. Our oversight committees also have been told that the videos were, in fact, destroyed.” [Central Intelligence Agency, 12/6/2007] However, the committees protested (see December 7, 2007) and, after his closed-door meeting with the House committee on December 12, he says, “particularly at the time of the destruction we could have done an awful lot better at keeping the committee alerted and informed.” [Fox News, 12/13/2007] His private explanation to the Senate committee leaves many questions unanswered, but chairman Jay Rockefeller calls it “a useful and not yet complete hearing.” [Associated Press, 12/11/2007] House committee chairman Silvestre Reyes, who expresses the committee’s “frustration” at not being kept informed about the tapes, calls the meeting “the first step in what we feel is going to be a long-term investigation,” and says some parts of Hayden’s briefing are “stunning.” [Fox News, 12/13/2007] Hayden points out to both committees that he arrived at the CIA after the tapes had been destroyed, so “Other people in the agency know about this far better than I.” [Associated Press, 12/11/2007]
January 9, 2008: Pakistan Gives US Permission to Launch More Attacks on Al-Qaeda Targets in Tribal Region
On January 9, 2008, Director of National Intelligence Mike McConnell and CIA Director Michael Hayden visit Pakistan and meet with Pakistani President Pervez Musharraf and Pakistani army chief, Gen. Ashfaq Parvez Kayani. Pakistan agrees to allow the US to increase its use of Predator drones to strike at al-Qaeda in Pakistan’s tribal region. [New York Times, 2/22/2008] At least three Predator attacks follow in the next months (see January 29, 2008, February 28, 2008, March 16, 2008) after a year of few or no attacks. Previously, Musharraf had issues with such strikes, but now the US has his unofficial tacit approval. Newsweek reports that the US now has “virtually unrestricted authority to hit targets in the border areas.” The US has pushed for more strikes partly because al-Qaeda has been launching more attacks from the tribal regions. But also, US officials are concerned that Musharraf is losing power and the new leaders will be more hostile to US operations in Pakistan. [Newsweek, 3/22/2008] Some of the Predator attacks are launched from secret CIA bases near the Pakistani towns of Islamabad and Jacobabad. The bases are first publicly mentioned in February 2008, and next to nothing is known about them. [New York Times, 2/22/2008; Washington Post, 3/27/2008]