The US Congress adopts a joint resolution, the Authorization for Use of Military Force (AUMF), that determines that “the president is authorized to use all necessary and appropriate force against those nations, organizations, or persons he determines planned, authorized, committed, or aided the terrorist attacks that occurred on September 11, 2001, or harbored such organizations or persons, in order to prevent any future acts of international terrorism against the United States by such nations, organizations or persons.” Congress also states that the “grave acts of violence” committed on the US “continue to pose an unusual and extraordinary threat to [its] national security and foreign policy.” [US Congress, 9/14/2001] President Bush signs the resolution into law on September 18. [White House, 9/18/2001] The passage of the AUMF served another purpose: to extend presidential power. While the Defense Department and the Joint Chiefs of Staff intended the AUMF to define the conflict in narrow terms, and authorize the US to move militarily against al-Qaeda and its confederates, and the Taliban, Vice President Dick Cheney and his chief of staff, David Addington, had a larger goal. Attorney Scott Horton, who has written two major studies on interrogation of terrorism suspects for the New York City Bar Association, says in 2005 that Cheney and Addington “really wanted [the AUMF defined more broadly], because it provided the trigger for this radical redefinition of presidential power.” Addington helped draft a Justice Department opinion in late 2001, written by lawyer John Yoo (see Late September 2001), that asserted Congress cannot “place any limits on the president’s determinations as to any terrorist threat, the amount of military force to be used in response, or the method, timing, and nature of the response.” [US News and World Report, 5/21/2006]
December 7, 2007: Some Commentators Are Skeptical CIA Tape Destruction Is Being Blamed on Single Scapegoat
Although it is reported that the head of the CIA’s clandestine service, Jose Rodriguez, is the man most responsible for the destruction of videotapes showing detainee interrogations (see November 2005 and December 6, 2007), some commentators are skeptical of this. A former intelligence official says, “This looks like he was tossed under a giant bus… How likely is it that he took this decision on his own, especially when he’s not in the videotapes and wouldn’t be affected directly? Not very likely.” [Harpers, 12/8/2007] A former intelligence official says he is concerned Rodriguez is being unfairly singled out for blame over the matter. [New York Times, 12/11/2007] According to attorney Scott Horton, by midday on December 7, shortly after news breaks that the CIA destroyed videotapes of detainee interrogations, “White House off-the-record explainers were extremely busy pointing fingers at one man, the designated scapegoat… So the sacrificial beast now has a name: it is Jose A. Rodriguez Jr., the head of the CIA’s Directorate of Operations.” Horton also sees a shift between the line initially taken by officials, and a later alteration: “Yesterday we are told, in highly implausible statements coming from General Hayden, that the CIA had acted completely appropriately… The issue had been considered, reviewed and cleared. Twenty-four hours later, there is a radical shift of course. Now we learn that the White House didn’t know about the decision and certainly wouldn’t have approved it.” Horton ascribes the shift to worries about the legality of destroying the tapes, especially as they may have been requested by a judge in the Zacarias Moussaoui trial (see May 7-9, 2003 and November 3-14, 2005), problems in prosecutions where evidence has been destroyed, and a general lack of plausibility. Former CIA officer Larry Johnson will also be skeptical: “Jose Rodriguez will not be the only one walking the public plank on this issue. In fact, he did not undertake this mission without the permission or direction from higher ups. And when you are the Deputy Director of Operations, there are not a lot of people above you.” [Harpers, 12/8/2007]
December 10, 2007: Former CIA Officer Admits Agency Used Waterboarding, Calls It Torture but Sometimes Necessary
Former CIA officer John Kiriakou gives the first of several media interviews around this time about the agency’s use of waterboarding and torture, to ABC. In this interview and others Kiriakou, who led the team that captured militant training camp facilitator Abu Zubaida (see March 28, 2002), makes several points: 
Zubaida was waterboarded. This is the first official on-the-record acknowledgment by any CIA official that the controversial technique that simulates drowning was used. Zubaida was only waterboarded once, for about 30 to 35 seconds. (This is untrue. Zubaida was actually waterboarded at least 83 times—see April 18, 2009.) After the waterboarding, Zubaida became co-operative; he had previously been uncooperative. (This is also allegedly untrue—see June 2002.) Kiriakou says, “The threat information that he provided disrupted a number of attacks, maybe dozens of attacks.” Kiriakou thinks the attacks were not to be on US soil, but overseas, although he is not sure. Waterboarding and the other techniques were used because of a sense of urgency. “Those tricks of the trade require a great deal of time—much of the time—and we didn’t have that luxury. We were afraid that there was another major attack coming.” Use of the CIA’s enhanced interrogation techniques is tightly controlled in the agency. Each application of a technique had to be specifically approved by the deputy director for operations. Kiriakou implies that waterboarding is torture and should remain banned now, but the circumstances of the time warranted its use. He believes that waterboarding both compromised American principles and saved lives. “Like a lot of Americans, I’m involved in this internal, intellectual battle with myself weighing the idea that waterboarding may be torture versus the quality of information that we often get after using the waterboarding technique,” he says. “And I struggle with it.”
Although he was personally involved in Zubaida’s capture, Kiriakou was not present at the interrogations and only learned about them at CIA headquarters. [ABC News, 12/10/2007; ABC News, 12/10/2007 
; ABC News, 12/10/2009 ] Over the next few days, Kiriakou gives a number interviews to other media outlets with basically the same information. The New York Times will call the series of interviews a “media blitz.” [New York Times, 12/11/2007; New York Times, 4/28/2009] The media he speaks to include the Washington Post, the New York Times, National Public Radio, CBS, CNN, and MSNBC (see December 11, 2007). A CNN anchor even calls him “the man of the hour.” [New York Times, 4/28/2009] Kiriakou garners praise for his poise in front of the camera. For example, Harper’s journalist Scott Horton will call him “telegenic,” whereas Foreign Policy magazine commentator Annie Lowery will opt for “telegenic and well spoken.” [Harpers, 12/21/2007; Foreign Policy, 4/28/2009]
December 11, 2007: CIA Decides Not to Prosecute Former Official Who Admitted Waterboarding
The CIA decides it will not prosecute former officer John Kiriakou, who recently admitted that the agency had waterboarded militant training camp facilitator Abu Zubaida (see December 10, 2007). [ABC News, 12/11/2007] One report, in the New York Times, suggests that “Kiriakou sought and received approval from the CIA” for the interviews. [New York Times, 12/11/2007] However, Kiriakou denies this and it appears not to be the case. [ABC News, 12/11/2007] Some accounts say a section of CIA officials are furious at him over the interviews. [ABC News, 12/11/2007; Harpers, 12/21/2007] However, according to Harper’s journalist Scott Horton, “Many high-level figures were elated to see the telegenic Kiriakou vigorously defend the agency on a subject on which it is already taking a lot of flak.” This is because efforts by CIA Director Michael Hayden and Director of National Intelligence Mike McConnell to fend off criticism from Congress and the public have “fallen flat.” One source will tell Horton: “Falling flat is putting it pretty generously. The public seems to have decided that they don’t really believe Hayden or McConnell on this issue. That’s bad news for us.” Horton adds: “Since the leaders of the intelligence community are under constant attack these days both from Democrats and Republicans, this can’t really be surprising. Kiriakou was, simply put, far more credible and appealing as a media figure.” [Harpers, 12/21/2007] Whatever the case, the CIA decides not to ask the Justice Department to investigate Kiriakou to determine whether he leaked classified information. Instead, CIA Director Michael Hayden issues a memo warning all employees “of the importance of protecting classified information,” although the memo does not mention Kiriakou by name. A spokesman adds, “Disclosing classified information is a violation of the law,” and “intelligence officers have a lifelong, moral and legal responsibility to safeguard classified information. This continues even after someone leaves the agency.” [ABC News, 12/11/2007] However, on this day Kiriakou reveals that the White House and Justice Department were involved in the waterboarding (see December 11, 2007), causing the CIA to change its mind and initiate an investigation of him (see December 20, 2007).
December 14, 2007: Justice Department and CIA Inspector General Hamper Congressional Probes of CIA Tape Destruction
The Justice Department attempts to delay probes by the House and Senate Intelligence Committees into the destruction of CIA tapes showing detainee interrogations, saying the administration cannot provide the witnesses or documents the committees want, as this may jeopardize its own investigations. Kenneth Wainstein, assistant attorney general for national security, and CIA Inspector General John Helgerson write to congressional intelligence committee leaders saying, “We fully appreciate the committee’s oversight interest in this matter, but want to advise you of concerns that actions responsive to your request would represent significant risk to our preliminary inquiry.” However, Wainstein and Helgerson are unable to say when they will have results. Attorney General Michael Mukasey also rejects a request for details about the Justice Department-CIA inquiry (see December 14, 2007). [Washington Post, 12/15/2007; New York Times, 12/15/2007] House Intelligence Committee Chairman Silvestre Reyes (D-TX) and Vice Chairman Peter Hoekstra (R-MI) threaten to issue subpoenas and respond in a joint statement: “We are stunned that the Justice Department would move to block our investigation… Parallel investigations occur all of the time, and there is no basis upon which the Attorney General can stand in the way of our work.” [Washington Post, 12/15/2007] They add: “It’s clear that there’s more to this story than we have been told, and it is unfortunate that we are being prevented from learning the facts. The executive branch can’t be trusted to oversee itself.” [Associated Press, 12/15/2007] The New York Times comments, “The inquiry by the House committee had been shaping up as the most aggressive investigation into the destruction of the tapes.” The intelligence committee inquiries are similar to those of the Justice Department and CIA Inspector General, but also aim to determine whether anyone in the executive branch had sought to have the tapes destroyed to eliminate possible evidence that CIA officers had used banned interrogation techniques. [New York Times, 12/15/2007] A CIA spokesman says, “Director Hayden has said the Agency will cooperate fully with both the preliminary inquiry conducted by [Justice Department] and CIA’s Office of Inspector General, and with the Congress. That has been, and certainly still is, the case.” [Washington Post, 12/15/2007] However, the CIA fails to provide documents the House committee has requested. [New York Times, 12/15/2007] Commentator Scott Horton will call this “a conscious decision to shield criminal conduct from exposure before the watchdog appointed by the Constitution: Congress.” [Harpers, 12/15/2007]
