| John Byrne | The Raw Story Published: Friday March 20, 2009 |
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The Central Intelligence Agency disclosed Friday that it has 3,000 summaries, transcripts, reconstructions and memoranda relating to 92 interrogation videotapes that were destroyed by the agency, the American Civil Liberties Union revealed Friday evening.
The agency, however, says they won’t make them public or provide them to the civil rights group. The disclosure came as part of a lawsuit.
The CIA says they incinerated the tapes to protect the identities of agents involved in the interrogations. Their destruction came at the same time a federal judge was seeking information from Bush administration lawyers about the interrogation of alleged al Qaeda operative Abu Zubaydah.
The CIA also refused to publicly disclose any witnesses who may have viewed the destroyed tapes or had custody of them prior to their destruction.
“The government is still needlessly withholding information about these tapes from the public, despite the fact that the CIA’s use of torture is well known,” Amrit Singh, staff attorney with the ACLU, said in a release. “Full disclosure of the CIA’s illegal interrogation methods is long overdue and the agency must be held accountable for flouting the rule of law.”
The CIA could not be reached for comment.
Perhaps not surprisingly, the information came to light late Friday and was sent out by the ACLU in a release at 6:44PM ET. Organizations and agencies often release unfavorable information on Friday evenings, because American newspapers have the lowest circulation on Saturdays.
More from the ACLU’s release issued Friday follows.
In December 2007, the ACLU filed a motion to hold the CIA in contempt for its destruction of the tapes in violation of a court order requiring the agency to produce or identify all records requested by the ACLU. That motion is still pending.
The agency’s latest submission came in response to an August 20, 2008 court order issued in the context of the contempt motion. That order required the agency to produce “a list of any summaries, transcripts, or memoranda regarding the [destroyed tapes] and of any reconstruction of the records’ contents” as well as a list of witnesses who may have viewed the videotapes or retained custody of the videotapes before their destruction. The CIA will provide these lists to the court for in camera review on March 26, 2009.
Earlier this month, the CIA acknowledged it destroyed 92 tapes of interrogations. The tapes, some of which show CIA operatives subjecting suspects to extremely harsh interrogation methods, should have been identified and processed for the ACLU in response to its Freedom of Information Act request demanding information on the treatment and interrogation of detainees in U.S. custody. The tapes were also withheld from the 9/11 Commission, appointed by former President Bush and Congress, which had formally requested that the CIA hand over transcripts and recordings documenting the interrogation of CIA prisoners.
The government’s letter to U.S. District Court Judge Alvin K. Hellerstein of the Southern District of New York is available online here.
The ACLU’s contempt motion and related legal documents are available online here.
Peace and Justice Post 
Ex-Bush Admin Official: Many at Gitmo Are Innocent
March 20, 2009Published on Thursday, March 19, 2009 by the Associated Press
by Andrew O. Selsky
SAN JUAN, Puerto Rico – Many detainees locked up at Guantanamo were innocent men swept up by U.S. forces unable to distinguish enemies from noncombatants, a former Bush administration official said Thursday. “There are still innocent people there,” Lawrence B. Wilkerson, a Republican who was chief of staff to then-Secretary of State Colin Powell, told The Associated Press. “Some have been there six or seven years.”
Wilkerson, who first made the assertions in an Internet posting on Tuesday, told the AP he learned from briefings and by communicating with military commanders that the U.S. soon realized many Guantanamo detainees were innocent but nevertheless held them in hopes they could provide information for a “mosaic” of intelligence.”It did not matter if a detainee were innocent. Indeed, because he lived in Afghanistan and was captured on or near the battle area, he must know something of importance,” Wilkerson wrote in the blog. He said intelligence analysts hoped to gather “sufficient information about a village, a region, or a group of individuals, that dots could be connected and terrorists or their plots could be identified.”
Wilkerson, a retired Army colonel, said vetting on the battlefield during the early stages of U.S. military operations in Afghanistan was incompetent with no meaningful attempt to discriminate “who we were transporting to Cuba for detention and interrogation.”
Navy Cmdr. Jeffrey Gordon, a Pentagon spokesman, declined to comment on Wilkerson’s specific allegations but noted that the military has consistently said that dealing with foreign fighters from a wide variety of countries in a wartime setting was a complex process. The military has insisted that those held at Guantanamo were enemy combatants and posed a threat to the United States.
In his posting for The Washington Note blog, Wilkerson wrote that “U.S. leadership became aware of this lack of proper vetting very early on and, thus, of the reality that many of the detainees were innocent of any substantial wrongdoing, had little intelligence value, and should be immediately released.”
Former Defense Secretary Donald Rumsfeld and Vice President Dick Cheney fought efforts to address the situation, Wilkerson said, because “to have admitted this reality would have been a black mark on their leadership.”
Wilkerson told the AP in a telephone interview that many detainees “clearly had no connection to al-Qaida and the Taliban and were in the wrong place at the wrong time. Pakistanis turned many over for $5,000 a head.”
Some 800 men have been held at Guantanamo since the prison opened in January 2002, and 240 remain. Wilkerson said two dozen are terrorists, including confessed Sept. 11 plotter Khalid Sheikh Mohammed, who was transferred to Guantanamo from CIA custody in September 2006.
“We need to put those people in a high-security prison like the one in Colorado, forget them and throw away the key,” Wilkerson said. “We can’t try them because we tortured them and didn’t keep an evidence trail.”
But the rest of the detainees need to be released, he said.
Wilkerson, who flew combat missions as a helicopter pilot in Vietnam and left the government in January 2005, said he did not speak out while in government because some of the information was classified. He said he feels compelled to do so now because Cheney has claimed in recent press interviews that President Barack Obama is making the U.S. less safe by reversing Bush administration policies toward terror suspects, including ordering Guantanamo closed.
The administration is now evaluating what to do with the prisoners who remain at the U.S. military base in Cuba.
“I’m very concerned about the kinds of things Cheney is saying to make it seem Obama is a danger to this republic,” Wilkerson said. “To have a former vice president fearmongering like this is really, really dangerous.”
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Tags:Guantanamo detainees, innocent people, Lawrence B. Wilkerson, US forces
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