Powered by Bravenet Bravenet Blog

Friday, December 7th 2007

5:35 PM

Kennedy Calls Tape Distruction "A MOCKERY OF THE RULE OF LAW"



I couldn't agree more. I'm wondering if this administration can coast another year without the walls of its abject failures come tumbling down on them.

Full letter to CIA Director Hayden:

December 7, 2007

General Michael V. Hayden
Director
Central Intelligence Agency
Washington, DC 20505

Attn: Office of Congressional Affairs

Dear General Hayden:

We are writing with serious concern about published reports in the New York Times and elsewhere, largely confirmed by you, that the CIA destroyed in 2005 at least two videotapes documenting “severe interrogation techniques” used in 2002 against terrorism suspects who had been in the agency’s custody. According to the Times article, this destruction occurred “in the midst of Congressional and legal scrutiny” about the CIA’s detention and interrogation program. Indeed, the former director and general counsel of the September 11 Commission explained that they had requested such materials but were never even told about the tapes, and that such withholding of evidence sought in fact-finding or criminal investigations could amount to obstruction of justice. Serious questions have similarly been raised about whether the tapes were improperly withheld from the federal court hearing the Zacarias Moussaoui case, which had requested evidence taken from interrogations of CIA prisoners.

These troubling revelations relate directly to our Committee’s continuing investigation into the use of torture and severe interrogation methods by our government and the role of the Department of Justice with respect to such activities. Accordingly, we ask that you promptly respond to the following questions:

1. Did the CIA actually destroy the videotapes in 2005 pursuant to the reasons described in the New York Times article and your letter to CIA employees of December 6 ?

2. Is it the CIA’s general practice and policy to destroy videotapes with that type of evidentiary value? Please provide copies of any agency policies pursuant to which these videotapes were destroyed and any written materials relating to the destruction.

3. Did the CIA notify the Department of Justice of its intention to destroy the tapes and if so, when? Did the CIA receive a legal opinion from the Department of Justice’s Office of Legal Counsel, or any other entity, relating to the destruction of the tapes? Please provide copies of any such written materials.

4. In light of the fact that the September 11 Commission and a federal court requested information regarding these types of materials, why did the CIA decide not to provide information to these two entities concerning the existence or possible and actual destruction of the tapes?

5. When the CIA provided information to Department of Justice lawyers in 2003 and 2005 with respect to the request of the court in the Moussaoui case for evidence taken from interrogations of CIA prisoners, as stated in the Times article, what information concerning the tapes was provided to Department lawyers?

Please provide the requested information and direct any questions to the Judiciary Committee office, 2138 Rayburn House Office Building, Washington, DC 20515 (tel: 202-225-3951; fax: 202-225-7680). We look forward to receiving your answers to these important questions by December 17, 2007. Thank you for your cooperation.

Sincerely,

John Conyers, Jr.
Chairman

Robert C. Scott
Chairman, Subcommittee on Crime, Terrorism and Homeland Security

Jerrold Nadler
Chairman, Subcommittee on the Constitution, Civil Rights and Civil Liberties

William Delahunt
Member, House Committee on the Judiciary

cc: Hon. Lamar S. Smith
Hon. Trent Franks
Hon. Randy Forbes
Hon. Silvestre Reyes
Hon. Peter Hoekstra
Hon. Brian Benczkowski
Chris Walke


0 Comment(s) / Post Comment

Friday, December 7th 2007

5:55 AM

Dear Mr. President:

Dear Mr. President:

We write you today regarding the "Declaration of Principles" agreed upon last week between the United States and Iraq outlining the broad scope of discussions to be held over the next six months to institutionalize long term U.S.-Iraqi cooperation in the political, economic, and security realms.  It is our understanding that these discussions seek to produce a strategic framework agreement, no later than July 31, 2008, to help define "a long-term relationship of cooperation and friendship as two fully sovereign and independent states with common interests".

The future of American policy towards Iraq, especially in regard to the issues of U.S. troop levels, permanent U.S. military bases, and future security commitments, has generated strong debate among the American people and their elected representatives.  Agreements between our two countries relating to these issues must involve the full participation and consent of the Congress as a co-equal branch of the U.S. government.  Furthermore, the future U.S. presence in Iraq is a central issue in the current Presidential campaign.  We believe a security commitment that obligates the United States to go to war on behalf of the Government of Iraq at this time is not in America's long-term national security interest and does not reflect the will of the American people.  Commitments made during the final year of your Presidency should not unduly or artificially constrain your successor when it comes to Iraq.

In particular, we want to convey our strong concern regarding any commitments made by the United States with respect to American security assurances to Iraq to help deter and defend against foreign aggression or other violations of Iraq's territorial integrity.  Security assurances, once made, cannot be easily rolled back without incurring a great cost to America's strategic credibility and imperiling the stability of our nation's other alliances around the world.  Accordingly, security assurances must be extended with great care and only in the context of broad bipartisan agreement that such assurances serve our abiding national interest.  Such assurances, if legally binding, are generally made in the context of a formal treaty subject to the advice and consent of the U.S. Senate but in any case cannot be made without Congressional authorization.

Our unease is heightened by remarks made on November 26th by General Douglas Lute, the Assistant to the President for Iraq and Afghanistan, that Congressional input is not foreseen.  General Lute was quoted as asserting at a White House press briefing, "We don't anticipate now that these negotiations will lead to the status of a formal treaty which would then bring us to formal negotiations or formal inputs from the Congress."  It is unacceptable for your Administration to unilaterally fashion a long-term relationship with Iraq without the full and comprehensive participation of Congress from the very start of such negotiations.

We look forward to learning more details as the Administration commences negotiations with the Iraqi government on the contours of long-term political, economic, and security ties between our two nations.  We trust you agree that the proposed extension of long-term U.S. security commitments to a nation in a critical region of the world requires the full participation and consent of the Congress as a co-equal branch of our government.

Sincerely,

Robert P. Casey, Jr., U.S. Senator
Robert Byrd, U.S. Senator
Ted Kennedy, U.S. Senator
Carl Levin, U.S. Senator
Hillary Clinton, U.S. Senator
and Jim Webb, U.S. Senator   

0 Comment(s) / Post Comment