Rush Holt Wins Congressional Approval For Measure To Mandate Videorecording Of Interrogations

By GottaLaff

This is great news:

Earlier this week, the House of Representatives passed as part of the 2010 Defense Authorization conference report a new requirement that would mandate the videorecording of all interrogations of anyone in a Defense Department facility:

Congress is moving to require videotaping of interrogations of detainees held by the military, a step proponents say will prevent abuse and create a valuable intelligence record.

The provision, which the House passed on Thursday as part of the 2010 Defense Authorization Act conference report, would apply to interrogations of anyone held at a Defense Department facility. Because the Central Intelligence Agency’s secret overseas prisons have been closed, it would most likely cover terrorism suspects whether they were questioned by a military or a C.I.A. officer.

Rep. Rush Holt (D-NJ), who first proposed the videotaping measure, said that it will allow the government to “continue the process of putting our detainee policies back on a sound legal footing while maintaining our ability to get actionable intelligence.” [...]

Under the previous administration, officials simply destroyed recordings of abusive interrogations. [...]

The measure is also incredibly important at a time when many civil liberties advocates are concerned that the detention camp at Bagram Airforce Base in Afghanistan has become the same sort of “legal black hole” that Guantanamo once was, with prisoners facing poor conditions and little in the way of due process.

Now about those 8 years spent locked up in a cell, getting tortured and abused.... And how about those military commissions in which they can use hearsay evidence and confessions made during torture sessions... Oh, and there's that little matter of opening attorney/client e-mail...

How about video recording all of that?

****

Lt. Col. Barry Wingard is a military attorney who represents Fayiz Al-Kandari in the Military Commission process and in no way represents the opinions of his home state. When not on active duty, Colonel Wingard is a public defender in Pittsburgh, Pennsylvania.

All my previous posts on this subject matter can be found here; That link includes one specific to only Fayiz al-Kandari's story here. Here are audio and video interviews with Lt. Col. Wingard, one by David Shuster, one by Ana Marie Cox, and more. My guest commentary at BuzzFlash is here.

If you are inclined to help rectify these injustices: Twitterers, use the hashtag #FreeFayiz. We have organized a team to get these stories out. If you are interested in helping Fayiz out, e-mail me at The Political Carnival, address in sidebar to the right; or tweet me at @GottaLaff.

If you'd like to see other ways you can take action, go here and scroll down to the end of the article.

Then read Jane Mayer's book The Dark Side. You'll have a much greater understanding of why I post endlessly about this, and why I'm all over the CIA deception issues, too.

More of Fayiz's story here, at Answers.com.

CIA Refuses to Turn Over Torture Tape Documents

By GottaLaff

CYA is more like it:

The CIA claims the integrity of a special prosecutor's criminal investigation into the destruction of 92 interrogation videotapes will be compromised if the agency is forced to turn over detailed documents to the American Civil Liberties Union (ACLU) describing the contents of the tapes, according to newly released court documents.

In a May 5 letter to US District Court Judge Alvin Hellerstein, Lev Dassin, the acting US attorney for the Southern District of New York, said the Justice Department recently had discussions with prosecutors working on the criminal investigation into the destruction of the interrogation tapes and was informed that "the production of documents ... would conflict and substantially interfere with the [criminal] investigation" into the destruction of the interrogation tapes.

"As the court is aware, the scope of the tapes investigation includes the review of whether any person obstructed justice, knowingly made materially false statements, or acted in contempt of court or Congress in connection with the destruction of videotapes," Dassin's letter says. "The Government thus respectfully requests that [a previous court order demanding the CIA turn over detailed descriptions of the contents of the destroyed tapes] be withdrawn or otherwise stayed until the tapes investigation has been completed."

Amrit Singh, an ACLU staff attorney, said the move is "a classic CIA delay tactic."

More here.

Fresh Questions About the CIA’s Interrogation Tapes

By GottaLaff

Via BuzzFlash linkage, take a look at this new Newsweek piece by Michael Isikoff and Mark Hosenball:

Despite Obama's assurances, a Justice Department special counsel is quietly ratcheting up his probe into a closely related subject: the CIA's destruction of hundreds of hours of videotape showing the waterboarding of two high-value Qaeda suspects. At the same time, a Senate panel is planning the first public hearing dealing with CIA interrogations, including testimony from a star witness: Ali Soufan, the former FBI agent who vigorously protested the questioning of one of the detainees, terror suspect Abu Zubaydah.

In recent weeks, prosecutor John Durham has summoned CIA operatives back from overseas to testify before a federal grand jury, according to three legal sources familiar with the case who asked not to be identified discussing sensitive matters. The sources said Durham is also seeking testimony from agency lawyers who gave advice relating to the November 2005 decision by Jose Rodriguez, then chief of the CIA's operations directorate, to destroy the tapes. [...] Durham, who declined to comment, might simply be tying up loose ends in a closely watched case. But one continuing point of inquiry could spell trouble for the agency: allegations that CIA officials may have made false statements or obstructed justice in the case of convicted Qaeda conspirator Zacarias Moussaoui.

Durham was appointed by former attorney general Michael Mukasey shortly after the December 2007 revelation about Rodriguez's decision. [...]

Sen. Sheldon Whitehouse, a top backer of a "truth commission" on torture, is taking matters into his own hands, starting with a May 13 hearing of a judiciary subcommittee he chairs. Along with Soufan, he also plans to call former State Department official Philip Zelikow, another internal critic. According to a Senate Democratic aide, who also asked for anonymity, Whitehouse wants to keep a public spotlight on the issue until the next bombshell: an internal Justice Department ethics report on the lawyers who wrote the interrogation memos, which could be released within the next month.

My original post on Zelikow here.

Don't. Stop.