Sponsored Content

Intermarkets' Privacy Policy

Donate to Ace of Spades HQ!

Recent Entries
Absent Friends
westminsterdogshow 2023
Ann Wilson(Empire1) 2022
Dave In Texas 2022
Jesse in D.C. 2022
OregonMuse 2022
redc1c4 2021
Tami 2021
Chavez the Hugo 2020
Ibguy 2020
Rickl 2019
Joffen 2014
AoSHQ Writers Group
A site for members of the Horde to post their stories seeking beta readers, editing help, brainstorming, and story ideas. Also to share links to potential publishing outlets, writing help sites, and videos posting tips to get published. Contact OrangeEnt for info
Cutting The Cord And Email Security
Moron Meet-Ups

New Australia PM Gets Smacked in the Face by Reality | Main | War Funding Showdown Nearing End?
December 07, 2007

The CIA Obstructs Justice

Right after Thanksgiving I mentioned briefly that a district court judge hearing a terrorism case ordered that the prosecution and the lead defense counsel be given security clearances so they could see secret CIA filings in the case. The judge was reacting to the news that the CIA had lied to her in the Moussaoui trial about the existence of recordings of terrorist interrogations.

Now it turns out that the CIA had tapes of the interrogations, but claimed that no such tapes existed when they were sought by Judge Brinkema and the 9/11 Commission. After that, in 2005, the CIA destroyed the tapes.

The CIA says that they had to be destroyed because (1) they posed a serious security risk to the agents who were recorded; (2) they no longer had intelligence value; and (3) they could expose agency officials to greater risk of legal liability.

The first excuse is a good one for holding the tapes close, not necessarily destroying them. If the CIA has reason to believe that secret material would be made public if it were provided in camera to Judge Brinkema then we are in deeper trouble I thought. Holding out on Congress is more reasonable, since we all expect that certain Congressfolk or their staff would have trouble keeping the video and audio to themselves. But that's still reason merely to hold the tapes close and not to destroy them.

The second excuse also isn't a good reason for destroying the recordings, especially given how much interest there was in Congress about our interrogation techniques. They may not have had any intelligence value, but they would be very valuable to Congress in setting interrogation policy. More than that, the question of treatment during interrogation has been central to a few terrorism trials; that will probably be so for several trials to come.

The third reason is the worst excuse for destroying the tapes. Destroying evidence wanted in court is what sunk Arthur Andersen after Enron. Whether it's reasonable or not to hold out on Congress, actually destroying the tapes when they're wanted for a criminal trial is obstruction of justice. The CIA doesn't get a free pass simply because it's concerned about its own liability.

More than that, this leads to more questions in the Moussaoui trial. He eventually pled guilty and was sentenced to life imprisonment without the possibility of parole (one juror refused to vote for death). Does he now get to claim that he was deprived of justice because the CIA lied? What other prosecutions has the CIA jeopardized now that judges have good reason to distrust submissions from intelligence agencies?

We have procedures in place for the use of secret information in trials. If the CIA has reason to believe that those procedures are not adequate to protect state secrets, it should say so. It should not start lying to courts or to Congress. I sincerely hope that the CIA gets smacked down hard for this one.

digg this
posted by Gabriel Malor at 03:59 AM

| Access Comments

Recent Comments
OrangeEnt: " How many frozen penii are in that pic, MisHum? ..."

Nightwatch: "363 )_( Teh...teh...teh ..."

LenNeal: " House. Must have been nice. When I was a kid ..."

Mike Hammer, etc., etc.: " And afterwards...yer DAD pulled it out and used ..."

COMountainMarie : "Hey! Y'all snuck right up... ..."

Sharkman: "Turns out the kid Deadshit defamed yesterday for w ..."

AZ deplorable moron: "Thanks for the ONT MisHum. Good tunes too! I kn ..."

Bertram Cabot, Jr.: "Portman link is broke ..."

Tonypete: "“I have frozen my penis. . . . Calle Halfvar ..."

Cicero (@cicero43): "Teutoburg Forest. Watch your six. ..."

LenNeal: "You had a stocking?! LUXURY!! We had a foot cove ..."

sven: "I froze my penis, slept with a DNC operative.... ..."

Recent Entries

Polls! Polls! Polls!
Frequently Asked Questions
The (Almost) Complete Paul Anka Integrity Kick
Top Top Tens
Greatest Hitjobs

The Ace of Spades HQ Sex-for-Money Skankathon
A D&D Guide to the Democratic Candidates
Margaret Cho: Just Not Funny
More Margaret Cho Abuse
Margaret Cho: Still Not Funny
Iraqi Prisoner Claims He Was Raped... By Woman
Wonkette Announces "Morning Zoo" Format
John Kerry's "Plan" Causes Surrender of Moqtada al-Sadr's Militia
World Muslim Leaders Apologize for Nick Berg's Beheading
Michael Moore Goes on Lunchtime Manhattan Death-Spree
Milestone: Oliver Willis Posts 400th "Fake News Article" Referencing Britney Spears
Liberal Economists Rue a "New Decade of Greed"
Artificial Insouciance: Maureen Dowd's Word Processor Revolts Against Her Numbing Imbecility
Intelligence Officials Eye Blogs for Tips
They Done Found Us Out, Cletus: Intrepid Internet Detective Figures Out Our Master Plan
Shock: Josh Marshall Almost Mentions Sarin Discovery in Iraq
Leather-Clad Biker Freaks Terrorize Australian Town
When Clinton Was President, Torture Was Cool
What Wonkette Means When She Explains What Tina Brown Means
Wonkette's Stand-Up Act
Wankette HQ Gay-Rumors Du Jour
Here's What's Bugging Me: Goose and Slider
My Own Micah Wright Style Confession of Dishonesty
Outraged "Conservatives" React to the FMA
An On-Line Impression of Dennis Miller Having Sex with a Kodiak Bear
The Story the Rightwing Media Refuses to Report!
Our Lunch with David "Glengarry Glen Ross" Mamet
The House of Love: Paul Krugman
A Michael Moore Mystery (TM)
The Dowd-O-Matic!
Liberal Consistency and Other Myths
Kepler's Laws of Liberal Media Bias
John Kerry-- The Splunge! Candidate
"Divisive" Politics & "Attacks on Patriotism" (very long)
The Donkey ("The Raven" parody)
Powered by
Movable Type 2.64