By Jason Leopold | Consortiumnews.com, March 2, 2009
The CIA destroyed 92 videotapes – far more than previously known – to prevent disclosure of evidence revealing how the agency’s interrogators subjected “war on terror” detainees to waterboarding and other brutal methods, according to court documents filed by the Justice Department.
“The CIA can now identify the number of videotapes that were destroyed,” said a letter written by Acting U.S. Attorney Lev Dassin and filed in federal court in New York. “Ninety-two videotapes were destroyed.”
Previously, the CIA had disclosed that it had destroyed two videotapes and one audiotape of harsh interrogations of detainees. The tape destruction has been the subject of a year-long criminal investigation by John Durham, the acting U.S. Attorney for the Eastern District of Virginia who was appointed special prosecutor last year by Attorney General Michael Mukasey.
In Monday’s filing, Dassin noted that a stay of a contempt motion filed by the ACLU seeking release of the tapes was allowed to expire on Feb. 28 without a request for a continuation – signaling that Durham’s investigation is now complete.
In January, Durham had indicated in a court filing that he expected to wrap up his probe by the end of February. The CIA has asked the court to give the agency until Friday to produce a list of all destroyed records, any memos relating to reconstruction of those records, and identification of witnesses who may have watched the videotapes before they were destroyed.
Dassin’s letter said some information sought by the ACLU may be classified or “protected from disclosure, such as the names of the CIA employees who viewed the videotapes.”
Dassin said the CIA “intends to produce all of the information requested to the court and to produce as much information as possible on the public record to the plaintiffs.”
Amrit Singh, a staff attorney with the ACLU, said the latest disclosure “provides further evidence for holding the CIA in contempt of court.”
“The large number of videotapes destroyed confirms that the agency engaged in a systemic attempt to hide evidence of its illegal interrogations and to evade the court’s order.” Singh said. “Our contempt motion has been pending in court for over a year now – it is time to hold the CIA accountable for its flagrant disregard for the rule of law.”
The videotaped interrogations, which were also withheld from the 9/11 Commission, were destroyed in November 2005 after The Washington Post published a story exposing the CIA’s use of so-called “black site” prisons overseas to interrogate terror suspects with techniques that were not legal on U.S. soil.
The Zubaydah Case
The Post’s story focused on alleged al-Qaeda operative Abu Zubaydah and the harsh methods that the CIA used on him and other detainees. Abu Zubaydah was captured in Pakistan on March 28, 2002, and reportedly was whisked to a secret prison site in Thailand for interrogation.
Initially, Zubaydah was somewhat cooperative but later became tight-lipped when asked about alleged terrorist plots against the United States and the whereabouts of high-level al-Qaeda operatives.
In July 2002, a meeting was convened at the White House, where former White House counsel Alberto Gonzales, Justice Department attorney John Yoo, Vice President Dick Cheney, Cheney’s attorney David Addington, and unknown CIA officials discussed whether the CIA could interrogate Zubaydah more aggressively in order to get him to respond.
It was at this July 2002 meeting that Yoo, Gonzales and Addington gave the CIA the green light to use a wide variety of techniques, including waterboarding, on Zubaydah and other detainees at several secret prisons to “break” them and force them to cooperate with interrogators, according to an account published in Newsweek in late December 2003.
Less than a month after the meeting, on Aug. 1, 2002, Yoo drafted a memo to Gonzales that was signed by Jay Bybee, the assistant attorney general in charge of the Office of Legal Counsel. That memo declared that President Bush had the legal authority to allow CIA interrogators to employ harsh tactics to extract information from detainees.
Yoo’s memo – often called the “torture meme” – said Congress “may no more regulate the President’s ability to detain and interrogate enemy combatants than it may regulate his ability to direct troop movements on the battlefield.”
Michael Chertoff, then head of the Justice Department’s criminal division, reportedly advised the CIA General Counsel Scott Muller and his deputy, John Rizzo, that the Aug. 1, 2002, legal opinion protected CIA interrogators from prosecution if they used waterboarding or other harsh tactics.
In February 2005, during his Senate confirmation hearing to become Homeland Security secretary, Chertoff said he provided the CIA broad guidance in response to its questions about interrogation methods but never addressed the legality of specific techniques.
Bush Fixated
In the book The One Percent Doctrine, author Ron Suskind said Zubaydah was not the “high-value detainee” the CIA had claimed. Rather, Zubaydah was a minor player in the al-Qaeda organization, handling travel for associates and their families, Suskind wrote.
However, “Bush was fixated on how to get Zubaydah to tell us the truth,” Suskind wrote. Bush asked one CIA briefer, “Do some of these harsh methods really work?”
Zubaydah was strapped to a waterboard and, fearing imminent death, he spoke about a wide range of plots against a number of U.S. targets, such as shopping malls, the Brooklyn Bridge and the Statue of Liberty. Yet, Suskind wrote, the information Zubaydah provided under duress was not credible.
According to Suskind, Zubaydah’s captors soon discovered that their prisoner was mentally ill and knew nothing about terrorist operations or impending plots. That realization was “echoed at the top of CIA and was, of course, briefed to the President and Vice President,” Suskind wrote.
Still, in public statements, President Bush portrayed Zubaydah as “one of the top operatives plotting and planning death and destruction on the United States” and added: “So, the CIA used an alternative set of procedures” to get Zubaydah to talk.
The President did not want to “lose face” because he had stated his importance publicly, Suskind wrote.
Last year, Mukasey appointed U.S. Attorney Durham as special counsel to investigate whether the destruction of the CIA videotapes violated any laws, but did not give Durham the authority to probe whether the interrogation techniques themselves violated anti-torture laws.
In December 2008, Bush and Cheney both admitted in exit interviews that they authorized the waterboarding of Zubaydah and two other detainees.
House Judiciary Committee Chairman John Conyers in January proposed expanding the scope of Durham’s investigation to include a broader review of the Bush administration’s interrogation policies.
Conyers said he urged Attorney General Eric Holder to “appoint a Special Counsel or expand the scope of the present investigation into CIA tape destruction to determine whether there were criminal violations committed pursuant to Bush administration policies that were undertaken under unreviewable war powers, including enhanced interrogation, extraordinary rendition, and warrantless domestic surveillance.”
The Senate Intelligence Committee, chaired by Democrat Dianne Feinstein, will soon conduct a secret investigation into the CIA’s interrogation program to determine whether the methods used against detainees worked, according to published reports.
Jason Leopold has launched his own Web site, The Public Record, at www.pubrecord.org.


The Israel Lobby’s Power Comes from The American Ruling Class
March 4, 2009Among those who, like myself, oppose Israel’s ethnic cleansing of Palestinians, there is an important debate about a fundamental question. The debate is about how to explain the fact that the American government supports Israel virtually unconditionally with more economic, military and diplomatic aid than it gives to any other country.
One commonly believed explanation is that the “Israel Lobby”–consisting of organizations like AIPAC and a host of other pro-Israel Jewish organizations in the United States–has hijacked U.S. foreign policy by using its wealth and control of the mass media to buy or intimidate Congressmen. According to this view, the American government’s pro-Israel foreign policy is harmful to the interests of the non-Jewish American corporate upper class, and were it not for the power of the Israel Lobby American foreign policy, reflecting as it does the interests of the American upper class, would not be as pro-Israel as it is today.
I call this the “The Lobby Makes Them Do It” view. I think it is just plain factually wrong. The alternative view that I hold is that the Israel Lobby’s power comes from the (mostly non-Jewish) American ruling class.
The leading advocate of the “The Lobby Makes Them Do It” view is James Petras. Petras asserts that the Israel Lobby prevailed over America’s Big Oil elite to get the U.S. to invade Iraq for the benefit of Israel:
Just on the facts, Petras is wrong. Far from opposing the Israel Lobby, Big Oil uses that lobby. As Juan Cole writes:
The American corporate upper class, the American ruling class, is pro-Israel because they (or at least their sophisticated advisors, like Henry Kissinger, Condoleeza Rice, General James Jones, etc.) know that Israeli ethnic cleansing of Palestinians performs a strategically crucial service for the American ruling class. The ethnic cleansing polarizes the Middle East along non-class lines, fomenting an ethnic war pitting Jews against non-Jews. The American ruling class uses this ethnic war to strengthen its domestic control over ordinary Americans, and to strengthen the control of Middle Eastern ruling elites (kings, mullahs, dictators) over ordinary people in their respective nations. These are the most important strategic objectives of the American ruling class: social control to prevent the spread of pro-democratic, pro-working class, pro-solidarity movements from overthrowing elite rule anywhere in the world.
Regarding domestic control of the American population, the key strategy of elite social control has for many decades been to rely on Orwellian wars of social control. The particular “foreign enemy” has changed over time, from Teddy Roosevelt’s Spain to Woodrow Wilson’s “Huns” to FDR’s Fascists to Truman’s Communists to Bush’s and Obama’s Terrorists. By ensuring that the American mass media refrain from telling Americans the true reason (Israel’s ethnic cleansing) why Palestinians and Arabs and Muslims take up arms against Israel, the American ruling class ensures that Americans will believe the lie that Palestinians/Arabs/Muslims are hateful, irrational, anti-semitic terrorists who kill decent Israelis “just like us” and would likewise kill Americans if we fail to obey our upper class rulers who protect us from terrorism.
Similarly, the oil-rich Middle East ruling classes, in countries like Saudi Arabia and Iran, use their people’s anger at Israel to strengthen their power over them, as I discuss in some detail in
How Israel Helps Saudi Arabia’s Rulers Control their Working Class and How Israel Helps the Islamic Republic of Iran Control the Iranian Working Class. James Petras is naive to think that Big Oil’s interests are prejudiced by the pro-Israel U.S. foreign policy. If the Saudi royal family, for example, were really opposed to U.S. support for Israel, then it would use its vast wealth to support pro-Palestinian forces inside the United States, to counter the Israel Lobby; but it doesn’t.
By the same token, if any members of the American mostly non-Jewish ruling class, with billions of dollars to throw around (Buffet gave away $40 billion alone!), wanted to tell Americans the truth about Zionism (the movement to create and protect a Jewish state), they could do so. They could tell Americans how Zionism is all about ethnic cleansing, how Albert Einstein (whom the Israeli government asked to be the President of Israel, and declined) always opposed the Jewish state idea because it was morally wrong, and how the Zionists betrayed European Jews during World War II by opposing rescue efforts (so there would be more dead Jews to give them greater standing at the post-war negotiations over who would “get” Palestine)–they could do so; but they don’t. If they did, they could turn the American public against Zionism and against the Israel Lobby as quickly as they turn it against a politician soliciting sex in a toilet stall.
So why don’t they do it? It is not because Zionists control the mass media. Sure, pro-Zionists do control the mass media, but billionaires could create their own anti-Zionist media if they wanted to. After all, Rupert Murdoch owns a large enough media network to do the job and at the time of his divorce in 1998 his personal fortune was only 3.3 billion pounds (less than $5 billion I imagine.) The American ruling class chooses not to oppose the Israel Lobby because they have no reason to. The Israel Lobby is an instrument (“useful idiots” as Juan Cole puts it) of the American ruling class. The Lobby spreads the lies that the pro-Israel foreign policy requires, and it keeps politicians in line who might otherwise stray from the path. The Lobby is powerful because it does the bidding of the powerful.
Very different organizing strategies against Zionism are appropriate, depending on whether one agrees with “The Lobby Makes Them Do It” view of James Petras or the view I advocate. If Petras is correct, then the natural strategy to turn U.S. foreign policy around would be to side with the likes of Big Oil against the Israel Lobby. But since Big Oil and the Israel Lobby are in fact on the same team, this is a ridiculous strategy. Instead, the strategy that makes sense is to mobilize the general public against the American ruling class around not only opposition to Israeli ethnic cleansing but also opposition to the entire anti-democratic, anti-equality agenda of the ruling class. This is a revolutionary pro-working class strategy, and only it can win.
Other articles about Palestine/Israel by John Spritzler
John Spritzler is the author of The People As Enemy: The Leaders’ Hidden Agenda In World War II, and a Research Scientist at the Harvard School of Public Health.
Share this:
Tags:AIPAC, American mass media, American support for Israel, American upper class, ethnic cleansing, Israel, israel Lobby, James Petras, Middle East ruling classes, United States, US foreign policy
Posted in Commentary, imperialism, Palestine, USA, Zionist Israel | Leave a Comment »