Francesco Cossiga, former president of Italy, says in an interview, “All of the democratic circles of America and of Europe […] now know well that the disastrous [9/11] attack was planned and realized by the American CIA and Mossad with the help of the Zionist world to put under accusation the Arabic Countries and to persuade the Western powers to intervene in Iraq and Afghanistan.” [Corriere della Sera (Milan), 11/30/2007] Cossiga was president of Italy in the early 1990s, when the NATO-led Gladio “stay behind” network was exposed. Gladio was a decades-long secret right wing effort to prevent left wing forces from taking power in Europe, and the network sometimes staged false-flag bombings and assassinations blamed on left-wing groups to discredit them. Cossiga admitted his long involvement in the network in 1990, adding, “I am proud of the fact that we have kept the secret [of Gladio] for 45 years.” [Guardian, 3/26/2001; Ganser, 2005, pp. 14]
Late 2007: Secret US Plan to Facilitate Raids against Al-Qaeda in Pakistan Gets Bogged Down
In late 2007, top Bush administration officials draft a secret plan making it easier for US special forces to conduct missions to capture or kill al-Qaeda leaders inside Pakistan’s mountainous tribal region. A highly classified Defense Department order outlines the plan, which is designed to eliminate the sharp policy disagreements and turf battles that have bogged down US policy regarding al-Qaeda’s safe haven in Pakistan. But in late June 2008, the New York Times will report that “more than six months later, the Special Operations forces are still waiting for the green light. The plan has been held up in Washington by the very disagreements it was meant to eliminate. A senior Defense Department official said there was ‘mounting frustration’ in the Pentagon at the continued delay.” [New York Times, 6/30/2008]
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: 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 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 7, 2007: Ex-CIA Officer Suggests Destruction of CIA Videotapes May Not Only Be Related to Torture Allegations
Following the revelation that the CIA has destroyed videotapes of detainee interrogations (see November 2005 and December 6, 2007), most of the media assume that the reason for the destruction is that the tapes must show CIA officers torturing detainees and “the CIA did not want the tapes seen in public because they are too graphic and could lead to indictments.” However, author and former CIA officer Robert Baer will suggest there may be other reasons: “I would find it very difficult to believe the CIA would deliberately destroy evidence material to the 9/11 investigation, evidence that would cover up a core truth, such as who really was behind 9/11. On the other hand I have to wonder what space-time continuum the CIA exists in, if they weren’t able to grasp what a field day the 9/11 conspiracy theorists are going to have with this… Still, the people who think 9/11 was an inside job might easily be able to believe that Abu Zubaida [one of the detainees who was videotaped] named his American accomplices in the tape that has now been destroyed by the CIA. It isn’t going to help that the Abu Zubaida investigation has a lot of problems even without destroyed evidence. When Abu Zubaida was arrested in Pakistan in 2002, two ATM cards were found on him. One was issued by a bank in Saudi Arabia (a bank close to the Saudi royal family) and the other to a bank in Kuwait. As I understand it, neither Kuwait nor Saudi Arabia has been able to tell us who fed the accounts (see Shortly After March 28, 2002). Also, apparently, when Abu Zubaida was captured, telephone records, including calls to the United States, were found in the house he was living in. The calls stopped on September 10, and resumed on September 16 (see Early September 2001 and September 16, 2001 and After). There’s nothing in the 9/11 Commission report about any of this, and I have no idea whether the leads were run down, the evidence lost or destroyed.” [Time, 12/7/2007]
December 7, 2007 and Shortly After: Many Inquiries Launched into Destruction of CIA Videos
Several inquiries are launched into the destruction by the CIA of videotapes showing detainee interrogations.
The Justice Department begins a preliminary inquiry. It writes to the CIA’s top lawyer, John Rizzo, noting he has undertaken to ensure all currently existing records are preserved. [Associated Press, 12/8/2007]
The CIA’s Inspector General begins an inquiry. One of the questions it will address is whether the destruction was obstruction of justice. [Associated Press, 12/11/2007] However, some Democratic lawmakers raise questions about the propriety of inquiries run by the Justice Department, as its lawyers offered advice about the tapes, and the CIA Inspector General, who reviewed the tapes before they were destroyed. [Washington Post, 12/15/2007]
The House Intelligence Committee starts an inquiry. Committee chairman Silvestre Reyes says it is planning a “broad review” of the CIA’s detention and interrogation program, but adds, “I’m not looking for scapegoats.” [International Herald Tribune, 12/8/2007] The committee requests all cables, memos and e-mails related to the videotapes, as well as legal advice given to CIA officials before the tapes were destroyed. [New York Times, 12/15/2007]
The Senate Intelligence Committee also begins an inquiry. [FindLaw, 12/14/2007]
The House Judiciary Committee sends letters to CIA Director Michael Hayden and Attorney General Michael Mukasey asking whether the Justice Department provided the CIA with legal advice. [Associated Press, 12/7/2007]
The House Committee on Oversight and Government Reform investigates whether the Federal Records Act has been violated. [FindLaw, 12/14/2007]
There is a debate in a court case involving 11 Guantanamo detainees about whether the tapes were subject to a preservation order issued by the judge in that case (see December 14, 2007).
December 10, 2007: Former Guantanamo Prosecutor Says Resignation Impelled by Politics
Colonel Morris Davis, the former head of the Office of Military Commissions at Guantanamo Bay, writes in an op-ed for the Los Angeles Times that he resigned (see October 4, 2007) because he “concluded that full, fair and open trials were not possible under the current system.” He adds that, “I felt that the system had become deeply politicized and that I could no longer do my job effectively or responsibly.” Davis writes that while the legitimacy of the military commissions rests on the belief that they are being conducted fairly and honestly, the political appointee who is now the “convening authority,” Susan Crawford, is “not living up to that obligation.” The convening authority has “no counterpart in civilian courts,” Davis explains, and has great powers over certain aspects of prosecutions, such as which charges go to trial, which are dismissed, who serves on the jury, and whether to approve requests for experts, and reassesses findings of guilt and sentences. The position is mandated by law to be absolutely impartial, favoring neither prosecutions or defendants. While Crawford’s predecessor conducted himself with the required impartiality: “Crawford, on the other hand, had her staff assessing evidence before the filing of charges, directing the prosecution’s pretrial preparation of cases… drafting charges against those who were accused and assigning prosecutors to cases, among other things. How can you direct someone to do something—use specific evidence to bring specific charges against a specific person at a specific time, for instance—and later make an impartial assessment of whether they behaved properly? Intermingling convening authority and prosecutor roles perpetuates the perception of a rigged process stacked against the accused.” [Los Angeles Times, 12/10/2007]
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).


