Case 1:04-cv AKH Document Filed 02/15/11 Page 1 of 5 EXHIBIT 39

Similar documents
UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA

Statement of Assistant Majority Leader Dick Durbin Obama Administration s Handling of Terrorist Suspects February 24, 2010

Case 1:18-cv UA Document 1 Filed 02/14/18 Page 1 of 7 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK INTRODUCTION

Interrogations and Recordings: Relevant 9/11 Commission Requests and CIA Responses

the Central Intelligence Agency s Motion for Summary Judgment.

Accountability for Torture: Questions and Answers May 2009

Case 2:16-mc JLQ Document 65-7 Filed 02/14/17 EXHIBIT G

Case 1:12-cr LMB Document 124 Filed 01/18/13 Page 1 of 8 PageID# 883 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF VIRGINIA

Ex-Spy Alleges Bush White House Sought to Discredit Critic By JAMES RISEN

The Torture Papers CAMBRIDGE UNIVERSITY PRESS THE ROAD TO ABU GHRAIB. Edited by Karen J. Greenberg. Joshua L. Dratel. Introduction by Anthony Lewis

4 MAHMOAD ABDAH, et al, Civil Case No. 6 GEORGE W. BUSH, JR., et al, Washington, D. C. Friday, December 21, Defendants. 11:00 A.M.

Actions to Support Survivors and Victims of Torture

COMPLETE ALL QUESTIONS AND MARGIN NOTES

Case3:08-cv JSW Document174-9 Filed01/10/14 Page1 of 5. Exhibit 9. Exhibit 9

SENATOR JOHN D. ROCKEFELLER IV APRIL 22, 2009 PREFACE

Physicians for Human Rights. Nuremberg Betrayed. Human Experimentation and the CIA Torture Program. Executive Summary June 2017

Amnesty International August l993 AI Index: EUR 45/10/93

CONSIDERATION OF REPORTS SUBMITTED BY STATES PARTIES UNDER ARTICLE 19 OF THE CONVENTION

Senate Committee on the Judiciary. Nomination of Michael Mukasey for Attorney General

Produced by Washington Media Associates in association with the National Security Archive Contact:

Statement of. Alberto J. Mora. Senate Committee on Armed Services Hearing on the Treatment of Detainees in U.S. Custody

Case 1:04-cv UNA Document 362 Filed 04/27/11 Page 1 of 7 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA

CIA Holds Terror Suspects in Secret

FPA 2009 Annual Dinner May 27, Featuring: Senator Carl Levin (D), Michigan

New York Court to Hear Case Against Psychologist Accused of Torture in Guantánamo Interrogations

Office of Special Counsel

amnesty international

The government moves for reconsideration of part of my Opinion and Order of September

CIA INTERROGATION ABU ZUBAYDAH

Guantanamo Bay. Guantanamo Bay is a facility stationed in Cuba that holds persons suspected of terrorism.

Remarks of John B. Bellinger, III 1 Rule of Law Symposium International Bar Association Vancouver, Canada October 8, 2010

Case 1:17-mc LMB-IDD Document 1 Filed 01/23/17 Page 1 of 10 PageID# 1

Senator Carl Levin (D-MI) New CIA Response Raises Question Again: Where Does Vice President Cheney Get His Information?

Case 2:16-mc JLQ Document 62-4 Filed 02/06/17 EXHIBIT DD

CITIZENS INDICTMENT OF THE UNITED STATES OF AMERICA AND ITS AGENTS AND OF THE CITY OF CHICAGO, CITY OF CHICAGO POLICE DEPARTMENT AND THEIR AGENTS

An Overview of Enhanced Interrogation: the Pros and Cons Dr. Jeff Dailey

Case 1:17-cv PAE Document 29 Filed 09/01/17 Page 1 of 6

H U M A N R I G H T S A N D T O R T U R E

Case 2:15-cv JLQ Document Filed 06/26/17. Exhibit C

CHICAGO MAN CHARGED WITH PROVIDING MATERIAL SUPPORT TO AL QAEDA BY ATTEMPTING TO SEND FUNDS OVERSEAS

ACLU-RDI 583 p.1 UNCLASSIFIED SUMMARY OF BASIS FOR TRIBUNAL DECISION DODDON UNCLASSIFIED//FOU0

ADDITIONAL FINDINGS OF THE COMMITTEE

CAPTURED ON TAPE INTERROGATION AND VIDEOTAPING OF DETAINEES IN GUANTÁNAMO

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF WASHINGTON

Case 1:18-cv Document 1 Filed 11/29/18 Page 1 of 7 UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA

Fighting Terrorism Fairly and Effectively

TEN REASONS WHY: CONGRESS SHOULD DEMAND THE APPOINTMENT OF AN INDEPENDENT PROSECUTOR FOR TORTURE CRIMES AND ANY CRIMINAL COVER-UP.

HEARING BEFORE THE COMMITTEE ON THE JUDICIARY HOUSE OF REPRESENTATIVES

3. Why does reporter Dana Priest believe the government wanted to keep their programs secret?

amnesty international

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF WASHINGTON

PALAIS DES NATIONS 1211 GENEVA 10, SWITZERLAND

UNITED STATES OF AMERICA Military Commissions Act of 2006 Turning bad policy into bad law

Case 1:13-cv JEB Document 20 Filed 05/15/14 Page 1 of 7 UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA ) ) ) ) ) ) ) ) ) ) ) )

The following is mirrored from its source at: Guantanamo Bay.

THE HAMBURG CELL. A DECONSTRUCTION: How the Attacks were planned

Soldier admits guilt over Iraq photos (Tue 3 May, 2005)

Paris, May 21, Ms. Rachida Dati French Minister of Justice 13, place Vendôme Paris CEDEX 01, France

the wrongs, by ensuring that torture victims get humane treatment and rehabilitation instead of secret confinement and executions.

Resolution on Guidelines and Measures for the Prohibition and Prevention of Torture, Cruel, Inhuman or Degrading Treatment or Punishment in Africa

II. NORMATIVE FRAMEWORK AND ANALYSIS

Case 2:15-cv JLQ Document Filed 06/26/17. Exhibit 2

Factual errors and other problems. Playing to the Edge: American Intelligence in the Age of Terror, By Michael V. Hayden 1 March 2016

Soldier admits guilt over Iraq photos (Tue 3 May, 2005)

Who keeps watch over incidents behind closed doors? The Japanese way of video recording in the interrogation room

I ve taught interrogation training courses to police investigators in Florida, Louisiana and Texas.

HUMAN RIGHTS FIRST OPPOSES ALBERTO GONZALES TO BE ATTORNEY GENERAL

Demand justice for Darius and Miriam

Washington Times, The (DC)

The James Madison Project 1250 Connecticut Avenue, N.W. Suite 200 Washington, D.C

It is customary for senior officials in the Department of Justice

PO BOX 9576 Washington, D.C May 18, Re: Complaint against Douglas J. Feith

PO BOX 9576 Washington, D.C May 18, Re: Complaint against John Choon Yoo

Secret World of U.S. Interrogation By Dana Priest and Joe Stephens Washington Post. Tuesday 11 May 2004

Senator Mark Udall. In responding to the questions below, I note the following:

Licence to Torture. Tony Simpson

SECRET/ NOFORN/ FOCAL POINT SENATE ARMED SERVICES COMMITTEE INQUIRY INTO THE TREATMENT OF DETAINEES IN U.S. CUSTODY SECRET/ NOFORN/ FOCAL POINT

BURN AFTER VIEWING: THE CIA S DESTRUCTION OF THE ABU ZUBAYDAH TAPES

RECONSTRUCTIONIST RABBINICAL ASSOCIATION RESOLUTION ON THE USE OF TORTURE AND ABUSE OF DETAINEES BY THE UNITED STATES

T H E 2 8 P A G E S D E C L A S S I F I E D

From the desk of Captain Rodney Stich

CLOSING OFF THE TORTURE OPTION

MILITARY TRAINING LESSON PLAN: PRIME TIME TORTURE

UNCLASSIFIED OPENING OATH SESSION 1

CIA Interrogation: Torture or Technique?

HAUT-COMMISSARIAT AUX DROITS DE L HOMME OFFICE OF THE HIGH COMMISSIONER FOR HUMAN RIGHTS PALAIS DES NATIONS 1211 GENEVA 10, SWITZERLAND

TYPE OF ORDER NUMBER/SERIES ISSUE DATE EFFECTIVE DATE General Order /28/2014 3/30/2014

Prepared for Members and Committees of Congress

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF WASHINGTON AT SPOKANE

The Moral Measure of a Civilization is in its Treatment of Enemies

amnesty international

The Post and Courier

laws and regulations, including Title 18, United States Code, Section 793, and Executive Order

H. R. IN THE HOUSE OF REPRESENTATIVES A BILL

BRINGING GEORGE W. BUSH TO JUSTICE INTERNATIONAL OBLIGATIONS OF STATES TO WHICH FORMER US PRESIDENT GEORGE W. BUSH MAY TRAVEL

Specifically, the bill addresses:

Case 1:04-cv AKH Document 449 Filed 02/15/11 Page 1 of 44 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK

IN THE UNITED STATES COURT OF APPEALS FOR THE DISTRICT OF COLUMBIA CIRCUIT

Chapter 11. The Role of Congress

ABRAXAS CORPORATION Date created: 2009 Updated: 2012

Transcription:

Case 1:04-cv-04151-AKH Document 450-40 Filed 02/15/11 Page 1 of 5 EXHIBIT 39

Case 1:04-cv-04151-AKH Document 450-40 Filed 02/15/11 Page 2 of 5 Page 1 of 4 CIA destroyed terrorism suspect videotapes Director says interrogation tapes were security risk; critics call move illegal NBC News and news services updated 12/7/2007 7:59:14 AM ET WASHINGTON The CIA destroyed videotapes it made in 2002 of the interrogations of two top terror suspects because it was afraid that keeping them "posed a security risk," Director Michael Hayden told agency employees. Current and former intelligence officials told NBC News' Robert Windrem that one of the videos included the waterboarding of Abu Zubaydah, the person in charge of al-qaida's training camps and the group's first major leader to be captured. Hayden's revelation to the CIA employees caused a commotion on Capitol Hill where members of the Senate Intelligence Committee immediately vowed to conduct a thorough review. A leading human rights group voiced alarm about it. In his message to agency workers, Hayden said that House of Representatives and Senate intelligence committee leaders had been informed of the existence of the tapes and the CIA's intention to destroy them to protect the identities of the questioners. He also said the CIA's internal watchdog watched the tapes in 2003 and verified that the interrogation practices were legal. Hayden said the tapes were destroyed three years after the 2002 interrogations. of the tapes' existence and the CIA's intention to ultimately destroy them. 'Bad idea' "I told the CIA that destroying videotapes of interrogations was a bad idea and urged them in writing not to do it," Harman said. While key lawmakers were briefed on the CIA's intention to destroy the tapes, they were not notified two years later when the spy agency actually carried out the plan. The Senate Intelligence Committee's Democratic chairman, Jay Rockefeller, said the committee only learned of the tapes' destruction in November 2006. Republican Pete Hoekstra, who was chairman of the House Intelligence Committee from August 2004 until the end of 2006, said through a spokesman that he does not remember being informed of the videotaping program. "Congressman Hoekstra does not recall ever being told of the existence or destruction of Jane Harman, then the senior Democrat on the House Intelligence Committee, was one of only four members of Congress in 2003 informed

Case 1:04-cv-04151-AKH Document 450-40 Filed 02/15/11 Page 3 of 5 Page 2 of 4 these tapes," said Jamal D. Ware, senior adviser to the committee. "He believes that Director Hayden is being generous in his claim that the committee was informed. He believes the committee should have been fully briefed and consulted on how this was handled." Jennifer Daskal, senior counsel with Human Rights Watch, said that destroying the tapes was illegal. "Basically this is destruction of evidence," she said, calling Hayden's explanation that the tapes were destroyed to protect CIA identities "disingenuous." Waterboarding? In the statement to agency employees, CIA director Hayden revealed that the agency destroyed all copies of the video in 2005. While the official agency statement does not mention waterboarding, officials tell NBC News the videos included the waterboarding of Zubaydah. He was known as al-qaida's "dean of students" and had an encyclopedic knowledge of al-qaida operatives worldwide. He is now awaiting trial at the U.S. prison at the Navy base at Guantanamo Bay, Cuba. Zubaydah, under harsh questioning, told CIA interrogators about alleged 9/11 accomplice Ramzi Binalshibh, President Bush said publicly in 2006. Binalshibh was captured and interrogated and, with Zubaydah's information, authorities in 2003 captured Khalid Sheikh Mohammed, the purported mastermind of the Sept. 11 attacks. The CIA is known to have waterboarded three prisoners since the Sept. 11 terrorist attacks, but not since 2003. Hayden banned the use of the procedure in 2006, according to knowledgeable officials. The disclosure of the tapes' destruction came on the same day the House and Senate intelligence committees agreed to legislation prohibiting the CIA from using "enhanced interrogation techniques." The White House Thursday threatened to veto the bill. Attempt to get ahead of newspaper Hayden's message to CIA employees was an attempt to get ahead of a New York Times story about the videotapes, The Associated Press reported. In the story in the newspaper, members of the Sept. 11 commission said they were surprised the interrogation tapes existed until 2005. The commission had asked for material of this kind during their investigation that ended in 2004, Philip D. Zelikow, who served as executive director of the Sept. 11 commission and later as a senior counselor to Secretary of State Condoleezza Rice, told the newspaper. Hayden said that a secondary reason for the taped interrogations was to have backup documentation of the information gathered. "The agency soon determined that its documentary reporting was full and exacting, removing any need for tapes. Indeed, videotaping stopped in 2002," Hayden said.

Case 1:04-cv-04151-AKH Document 450-40 Filed 02/15/11 Page 4 of 5 Page 3 of 4 The commission was assured that we had received all the material responsive to our request, he said. No tapes were acknowledged or turned over, nor was the commission provided with any transcript prepared from recordings. Daniel Marcus, a law professor at American University who served as general counsel for the Sept. 11 commission and was involved in the discussions about interviews with al- Qaida leaders, warned it s a very big deal if tapes were destroyed, the New York Times reported. It could amount to obstruction of justice to withhold evidence being sought in criminal or fact-finding investigations, Marcus told the New York Times. 'In line with the law' Hayden insisted that the CIA's actions were legal. "What matters here is that it was done in line with the law," he said. "Over the course of its life, the agency's interrogation program has been of great value to our country. It has helped disrupt terrorist operations and save lives. It was built on a solid foundation of legal review. It has been conducted with careful supervision. If the story of these tapes is told fairly, it will underscore those facts." seeking videotapes of interrogations they believed might help them show their client was not a part of the Sept. 11 attacks. These requests heated up in 2005 as the defense slowly learned the identities of more detainees in U.S. custody. In May 2005, U.S. District Judge Leonie Brinkema ordered the government to disclose whether interrogations were recorded. The government objected to that order, and the judge modified it on Nov. 3, 2005, to ask for confirmation of whether the government "has video or audio tapes of these interrogations" and then named specific ones. Eleven days later, the government denied it had video or audio tapes of those specific interrogations. Failed to hand-over tapes Last month, the CIA admitted to Brinkema and a circuit judge that it had failed to hand over tapes of enemy combatant witnesses. Those interrogations were not part of the CIA's detention program and were not conducted or recorded by the agency, the agency said. "The CIA did not say to the court in its original filing that it had no terrorist tapes at all. It would be wrong to assert that," CIA The CIA says the tapes were destroyed late in 2005, a year marked by increasing pressure from defense attorneys to obtain videotapes of detainee interrogations. The scandal over harsh treatment of detainees at Abu Ghraib prison in Iraq had focused public attention on interrogation techniques. Beginning in 2003, attorneys for al-qaida conspirator Zacarias Moussaoui began

Case 1:04-cv-04151-AKH Document 450-40 Filed 02/15/11 Page 5 of 5 Page 4 of 4 spokesman George Little said. The 9/11 Commission referenced the 2002 interrogations of Abu Zubaydah and Binalshibh multiple times throughout its report, but cited written documents and audiotapes only. There is no mention in the letter of the tapes that CIA officials destroyed in 2005, The New York Times reported. Moussaoui was convicted last year and sentenced to life in prison. John Radsan, who worked as a CIA lawyer from 2002 to 2004 and is now a professor at William Mitchell College of Law, said destroying these tapes could carry legal penalties, according to the newspaper. If anybody at the CIA hid anything important from the Justice Department, he or she should be prosecuted under the false statement statute, he told the New York Times. NBC, The Associated Press and the New York Times contributed to this report.