Memos say Republican leader did not object to destruction of interrogation tapes

So when was it, exactly, that the inmates took control of the asylum? News from Washington that newly released documents indicate that the chairman of the Senate Intelligence Committee did not object to CIA plans to destroy videotapes of "enhanced" interrogations of terror suspects in 2003 again raises the uncomfortable specter of a U.S. Congress abdicating its oversight responsibilities under pressure from the executive branch. The formerly secret documents were released Monday in response to freedom-of-information requests by three nonprofit organizations, according to the New York Times. The disclosures should add impetus to a criminal investigation into the destruction of the tapes started by the Justice Department in 2008. Attorney General Eric Holder, who took office last year after the inauguration of Barack Obama, a Democrat, also asked investigators to review the decision to use invasive interrogation techniques following the election of Barack Obama, a Democrat, to the presidency. The documents also show that the CIA refused to allow ranking members of Congress to see any of the covert prisons the agency used to house terror suspects captured overseas or to witness any of the "enhanced" interrogations approved by then-president George W. Bush in apparent violation of U.S. treaty obligations. The committee chairman, Sen. Pat Roberts (R-Kansas), issued a statement Monday denying that he approved the destruction of the tapes. The tapes, reported to show the interrogations of top al-Qaida operatives Abu Zubaydah and Abd al-Rahim al-Nashiri, were destroyed by the CIA in 2005. But a CIA memo prepared after Roberts was briefed by the agency in February 2003 says "Senator Roberts listened carefully and gave his assent," the Times said. The nonprofit groups that requested the memos, Amnesty International USA, the Center for Constitutional Rights and the Center for Human Rights and Global Justice at New York University, said the 100 pages of documents, which were heavily blacked out, showed the need for a full public investigation of the interrogation program, the Times said.

British court orders government to reveal information on torture

The revamped U.S. government could face the biggest test of its commitment to changing the worst excesses of the Bush administration now that a British appeals court has agreed to the disclosure of secret intelligence about the alleged mistreatment of a Guantanamo Bay detainee. The Court of Appeal in London turned down the British government's request to prevent the release of information about the incarceration of Binyam Mohamed, a British resident who was arrested in Pakistan in 2002 and claimed he was mistreated while in CIA custody, according to the Reuters international news service. Mohamed, an Ethiopian national, claimed he was flown to Morocco by the CIA and tortured for 18 months, including having his penis cut, before being transferred to Guantanamo Bay in 2004, where he was further subjected to sleep deprivation and threats. Morocco has denied holding him, Reuters said. Mohamed was never formally charged and was released last year. In 2008, the British High Court ordered the release of all information held by the government in London but permitted the blacking out of seven paragraphs of information gathered by U.S. intelligence. Wednesday's order concerned the release of those paragraphs. The office of U.S. national intelligence director Dennis Blair expressed "deep regret" at the order, Reuters said. "The protection of confidential information is essential to strong, effective security and intelligence cooperation among allies," the statement said. The ruling presents "challenges," the statement said, but the United States and England "remain united in our efforts to fight against violent extremist groups." British Foreign Secretary David Miliband had argued to the court that such a disclosure could affect his country's security because such a release could make the United States less willing to share intelligence. But the court upheld a 2009 finding by two judges that "overwhelming public interest" in the information should be respected. "The treatment reported ... could be readily contended to be at the very least cruel, inhuman and degrading treatment by the United States authorities," the judges found. Miliband also said the British appellate court would probably have refused the release of classified information from the United States had the material not be released by a U.S. court in another case in December. "Without that disclosure, it is clear that the Court of Appeal would have overturned the Divisional Court's decision to publish the material," Miliband said in a statement. In England, a human rights group said the release shows the extent to which the British government had gone to defend the U.S. government's conduct of the war on terror. "These embarrassing paragraphs reveal nothing of use to terrorists but they do show something of the UK government's complicity with the most shameful part of the War on Terror," said Shami Chakrabati, director of the group Liberty.

White House report on failed airline bombing reveals glaring mistakes

We're all happy that the attempted bombing of a Northwest Airlines plane failed on Christmas Day when the alleged terrorist was overpowered and subdued by alert passengers. But a lot of people, including U.S. President Barack Obama, were not happy to find out that federal authorities knew the suspect, Umar Farouk Abdul Mutallab of Nigeria, posed a threat but hadn't yet placed him on a no-fly list. "The intelligence fell through the cracks," Deputy National Security Adviser John Brennan told reporters Thursday, according to Cable News Network (CNN). "This happened in more than one organization." That could well be what happened, but it's far from reassuring. Nine years after the Sept. 11, 2001, attacks on New York and Washington exposed major weaknesses in U.S. intelligence and led to the creation of a multibillion-dollar domestic security operation, the new apparatus failed a basic test. "Though all of the information was available to all-source analysts at the CIA and the NCTC [National Counter Terrorism Center] prior to the attempted attack, the dots were never connected," said the report, written by a Brennan-led panel. The dots were never connected? There are terrorists trying to kill us and the government is looking for dots? Maybe that's the problem, right there! It's sounds a little like all of the excuses we heard after the 9-11 attacks about how three hijacked airliners could have flown undisturbed for hours until they had crashed into buildings and killed thousands of people in New York and Washington in 2001, doesn't it? Isn't a little late for the country to rely on luck to prevent terrorist attacks? Or, if we were going to rely on luck, why did we spend those untold billions of dollars on security upgrades?

Uh oh -- lost Bush administration e-mails are recovered

News that millions of missing e-mail messages from the archives of the Bush administration have been recovered must have caused a lot of former officials' stomachs to drop in the nation's capital. Two nonprofit groups that had sued to recover the messages in 2007 announced Monday that 94 days of e-mail traffic between 2003 and 2005 would be reconstituted, according to Cable News Network (CNN). The e-mails, considered government property, are expected to reveal information on the firings of nine U.S. attorneys in 2006 and the 2003 disclosure of the identity of an undercover CIA agent married to former U.S. ambassador who was a critic of the Iraq war. The e-mails were requested by Congressional committees investigating the firings, which some alleged were politically motivated, but the Bush administration said they were missing. The groups Citizens for Responsibility and Ethics in Washington and the National Security Archive filed suit contending the Bush administration violated federal laws that require presidential records to be preserved. A federal investigation into the outing of former CIA agent Valerie Plame led to the conviction of a top administration official on perjury and obstruction of justice charges, but his sentence was commuted by former U.S. President George W. Bush. The question of whether former Vice President Dick Cheney was involved was never answered, but the answer could be in the missing e-mails. Of course, this being the federal government, it could be years before all of the messages are made public because of a disagreement over whether the release is required under the U.S. Freedom of Information Act or the Presidential Records Act, which allows records to be kept secret for up to 10 years after an administration leaves office.

Latest Blackwater revelation tries the nation's soul

Just in case anyone had any doubt about the seriousness of the Bush administration decision to use private contractors instead of soldiers to conduct the occupation of Iraq and Afghanistan, the latest revelations might very well convince them. According to the New York Times, employees of Blackwater Worldwide -- the Reston, Vir., private security company hired by the Pentagon to protect diplomats in Iraq -- took part in covert CIA raids and assassinations, and might have had a role in the agency's controversial and morally suspect rendition program. Officials at Blackwater, which renamed itself Xe Services following the fatal shooting of 17 unarmed civilians in Baghdad's Nisour Square in 2007, have consistently denied involvement in covert CIA activities. But those denials are under attack in the U.S. Congress and in a U.S. court, where investigations are revealing a disturbing pattern of involvement far beyond what the military or the company have admitted to. Citing interviews with unnamed current and former Blackwater employees and military officials, the Times said security contractors appear to have participated in CIA-authorized raids in Iraq and Afghanistan between 2004 and 2006 and might have played roles in flying detainees to secret prisons operated by the CIA in other countries. The fact that information is still so scarce should give pause. While some clandestine operations can be expected, particularly in times of war, it is generally understood that these affairs are being carried out by highly trained military operatives, not outside contractors whose training and abilities are unknown and, as such, highly suspect. Do residents of the United States want military operations conducted by companies largely made up of foreign nationals with no allegiance to their country nor commitment to its values? Do the residents of the United States want military operations conducted outside the protection of U.S. law and the control of U.S. officials? Residents may have to make that decision soon, because the House Intelligence Committee is presently investigating Blackwater's role in the C.I.A. assassination program revealed this year and promptly eliminated by new agency director Leon Panetta, and a grand jury in North Carolina is investigating allegations of illegal conduct by Blackwater in Iraq, the Times said. Among the facts still to be discovered is whether CIA, military or White House officials approved the participation of outside contractors in these covert activities.

Kosovo conducts first election as independent nation

Low turnout by European standards failed to dim the excitement among government leaders in Pristina on Sunday as voters in Kosovo went to the polls for its first local election since declaring itself independent from Serbia last year. "Today we are showing that our country and its citizens have deserved independence, democracy and the European Union perspective," Prime Minister Hashim Thaci exulted after the vote, according to the Reuters international news service. Forty-five percent of Kosovo's 1.5 million voters turned out for the balloting, in which the population chose mayors and councilmembers in the new country's 36 municipalities. Winners will not be determined until runoff elections next month. Some analysts blamed the low turnout on frustration over the country's sluggish economy and 40 percent unemployment rate, Reuters said. "The faith is lost in Kosovo because of high corruption among the political parties," said Halil Matoshi, a local analyst. "People that vote today are mainly party militants." That's certainly possible, but it's a little hard to believe that the population of a brand new country that fought so hard to be independent would be jaded by politics. The turnout also was impacted by Serbian calls for a boycott by voters of Serbian descent, who make up seven percent of Kosovo's population. Kosovo declared independence from Serbia in 2008, nine years after NATO bombers drove Serbian forces from the then-province to stop the killing of ethnic Albanians, who make up 88 percent of the population. Kosovo's independence has only been recognized by 63 countries, primarily Western nations, including the United States. Serbia and Russia have refused to recognize the new country. Kosovo is the poorest country in Europe, with a per capita income of $2,300 annually, according to the U.S. Central Intelligence Agency.

U.S. wants additional two-month delay in terror trials

With the second of two U.S.-requested 120-day delays in the start of military trials for suspected terrorists at the Guantanamo Bay prison, the Obama administration says it will request an additional two-month postponement, the Reuters international news service reported Wednesday. In a legal filing in a challenge brought by accused Sept. 11 conspirator Ramzi Binalshibh in a federal appeals court in Washington, D.C., federal prosecutors asked for the delay on the grounds that the Military Commissions Act, under which the trials are being conducted, "may be substantially amended" in the next two months and because, Reuters said, the government may decide "to prosecute [Binalshibh] in federal court." Binalshibh is accused of being a go-between between al-Qaida leaders and the Sept. 11 hijackers. He was captured in Pakistan in 2002 and held by the CIA four years before being sent to Guantanamo Bay. He is scheduled for a competency hearing on Sept. 21 before a miltitary judge at Guantanamo to determine if he is mentally competent to stand trial and to represent himself, as he has requested. The federal appeals court filing was in response to Binalshibh's effort to block the competency hearing scheduled and to have the military commissions system declared unconstitutional. In it, the government contends that the appeals court cannot intervene in Binalshibh's case because there has not yet been a decision and, even if there was, he first must appeal through the system of military commissions set up by former U.S. President George W. Bush. Congress is considering proposals to overhaul the commission system to bar statements made under harsh interrogation and to limit to use of hearsay evidence. Of course, the legal moves reflect more than the usual maneuvering in court proceedings. They actually represent what is perhaps the most difficult task faced by the Obama administration -- maintaining the continuity required in federal prosecutions while trying to reverse the Bush administration's most ill-advised policies.

The worst keeps getting worse

Most likely, the latest revelations about coercive interrogation techniques used by the CIA in Afghanistan are not nearly the end of the story of U.S. excesses in the so-called War on Terror. But they certainly help explain the maniacal secrecy of U.S. authorities under the Bush administration in keeping information about the interrogation program from the public. Top government officials, notably but probably not limited to Vice President Dick Cheney and President Bush, knew the program violated the country's international treaty obligations but authorized it anyway, and kept it secret not out of concern for the United States, as they said, but to keep their own selves out of trouble. They probably expected to be honored as heroes for saving the country from danger and gave only passing thought to the fact that they were sacrificing the United States' very reason for existence. They probably still don't get it, and blame the new president, Barack Obama, for whatever is about to unfold. The fact that their policies were rejected by an overwhelming majority of voters in the last election does not even register as a repudiation -- they think the public just doesn't understand. But the people of the United States know when the government is taking away their constitutional rights, spying on them, and doing nearly unspeakable harm to others while hiding behind the flag. The new information, contained in a top-secret CIA report being made public next week, include threatening detainees with a mock execution, a handgun and an electric drill, was revealed by officials who had access to the report, according to the Washington Post newspaper. The threatened execution was used in an effort to pursuade suspected al-Qaida commander Abd al-Rahim al-Nashiri, suspected of being the mastermind of the attack on the U.S.S. Cole that killed 17 sailors in 1999, to provide information to his interrogators. Federal law prohibits threatening a prisoner with immediate death, the Post said. Al-Nashiri later was one of three detainees subjected to waterboarding, a form of simulated drowning. A CIA spokesman said the agency did not endorse such excesses and promptly investigated any reports of them. "The CIA in no way endorsed behavior -- no matter how infrequent -- that went beyond formal guidance," said Paul Gimigliano, the agency spokesman, according to the Post. "This has all been looked at; professionals in the Department of Justice decided if and when to pursue prosecution. That's how the system was supposed to work, and that's how it did work." The actual report, which was compiled in 2004, is expected to be made public next week, the newspaper said.

House panel to investigate effort to conceal secret CIA program

From Washington, D.C., comes word that the House Intelligence Committee has decided to formally investigate the Bush White House's effort to conceal from Congress the existence of a secret counterterrorism program. The program, which is so secret that its purpose has still not been revealed even as controversy about it roils the U.S. Capitol, was made public last month in a briefing by Obama CIA Director Leon Panetta, according to Cable News Network (CNN). Panetta said he had ended the program as soon as he found out about it, and that he understood that the CIA withheld information about it from Congress under orders from former Vice President Dick Cheney. In a statement released today, the intelligence committee's chairman, Rep. Silvestre Reyes (D-Texas) said the probe was intended to find out if information was deliberately withheld from Congress in violation of federal law. "I intend to make this investigation fair and thorough," the statement said, "and it is my goal that it will not become a distraction of the men and women of the CIA. However, in order to assist them fully and keep them well-resources, it is the responsibility of the executive branch to ensure that the committee is kept fully and currently informed of all anticipated intelligence activities. The CIA said Thursday that the program was never fully implemented and was not a significant part of the country's efforts to battle al-Qaida and other violent extremists, CNN said.

What did we expect from the Bush administration?

Saturday's revelation that the CIA deliberately withheld information about a secret counterterrorism program from the members of Congress who were supposed to oversee it certainly helps explain, at least in part, the initial reluctance of the new Obama administration to investigate the previous government's illegal activities. This is going to be big -- the Bush administration's excesses violated a lot of laws and principles, and put the future of the country at risk -- and a lot of former officials probably are going to end up in prison or have to fight furiously to stay out. No doubt, President Barack Obama did not want to be distracted from his sweeping domestic agenda at the start of his term. But Congress should have no such reluctance because its authority was compromised -- unless, of course, it is that such an investigation will reveal the failure of elected representatives to properly live up to their oversight responsibilities. Hopefully, the new Democratic Party majority in both houses of Congress will recognize the damage done to the government traditions under the U.S. Constitution and work to see that it never happens again. Assuming reports are true, and there are no indications so far that they are not, new CIA director Leon Panetta told the House and Senate intelligence committees that former Vice President Dick Cheney ordered the agency not to reveal to Congress the existence of a still-secret counterterrorism program, according to the New York Times. Panetta said he ended the program when he took office. The issue of whether the Bush administration was candid with Congress has been roiling Capitol Hill since May, when Speaker of the House Nancy Pelosi (D-San Francisco) said she had not been told that the agency had waterboarded a terror suspect in 2002. The National Security Act of 1947 requires the president to ensure that the Congress intelligence committees are "kept fully and currently informed of the intelligence activities of the United States," the Times said. A CIA spokesman declined to comment on Cheney's purported role in the concealment from Congress. "It's not agency practice to discuss what may or not have been said in a classified briefing," the spokesman, Paul Gimigliano, told the Times. “When a C.I.A. unit brought this matter to Director Panetta’s attention, it was with the recommendation that it be shared appropriately with Congress. That was also his view, and he took swift, decisive action to put it into effect.” Intelligence and Congressional officials told the Times that the unidentified program did not involve interrogation or domestic intelligence activities, but was started following Sept. 11, 2001, attacks on New York and Washington.

The gang that wouldn't give up

Nice to hear from George W. Bush-era CIA director warning against release of secret memos authorizing invasive interrogation techniques -- NOT. The new Obama administration ought to be nominated for the Nobel Prize for agreeing to release the memos, which reveal who in the Bush administration was in on decisions to break international treaties and violate the country's fundamental principles. But these characters never give up, not even after U.S. voters resoundingly rejected the former administration's cavalier attitude toward human rights as it preached them to other countries. The latest outrage comes from Gen. Michael V. Hayden, CIA director during the last two years of the Bush government, who Sunday that release of the so-called torture memos would hamper the country's ability to fight terrorism, according to the New York Times. Hayden said the CIA had already stopped using waterboarding, a technique involving simulated drowning, by the time he became the agency's director, and told a Congressional committee in 2007 that he thought its use was probably illegal. But in an interview broadcast on Fox News Sunday, Hayden said release of the memos gave Al-Qaida an advantage by revealing what practices the CIA used in the past. “It describes the box within which Americans will not go beyond,” he said, according to the Times. “To me, that’s very useful for our enemies, even if, as a policy matter, this president at this time had decided not to use one, any, or all of those techniques.” The memos released this week Thursday detailed interrogation techniques used by the CIA from 2002-2005, apparently with the approval of the White House.

Italy seeks dismissal of criminal case against spies over Bush rendition program

It certainly looks as if lawyers representing Italy will succeed in getting the criminal prosecution against 33 U.S. and Italian undercover operatives thrown out of Rome's Constitutional Court and avoid another international embarassment over the former Bush administration's war on terror. The 33 spies -- 26 Americans and 7 Italians, are accused of kidnapping a Muslim imam from Milan in 2003 and flying him to Egypt, where he claims he was tortured. The Americans, many or all of whom are reported to be CIA agents, are being tried in absentia. The government in Rome contends prosecutors broke Italian law while building their case against the 33 operatives by using wiretaps and questioning them about classified matters, and wants the evidence suppressed. "If the government's position is upheld by the Constitutional Court, certain evidence will become impossible to use," Italy's attorney Ignazio Francesco Caramazza, who wants the trial stopped, told the Reuters international news service before the start of this week's closed-door hearings. An attorney for the prosecutors, Alessandro Pace, contends no laws were broken in the gathering of evidence. The trial, which is due to start in a lower court, has been held pending the outcome of this appeal. Human rights groups accuse the United States and some of its allies of breaking international law by using agents to capture suspects in other countries, Reuters said, a practice called "rendition." But the United States defends rendition as an important anti-terrorism tool and denies torture allegations, Reuters said, including those raised by the Milan man, Hassan Mustafa Osama Nasr, also known as Abu Omar. Nasr claims he was beaten and shocked in custody before being released in 2007. He still faces allegations of terrorist activity in Italy.