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