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Show Saturday, December 8, 2007 I D A I HERALD Y A7 Lawmakers seek investigation of CIA's destruction of tapes Pamela Hess Perino refused to say whether the destruction could have been an obstruction of justice WASHINGTON or a threat to cases against terAngry rorism suspects. If the attorney congressional Democrats de- manded Friday that the Justice general decides to investigate, of course the White House Department investigate why the CIA destroyed videotapes would support that," she said. of the interrogation of two terIn a dairy press briefing dedirorism suspects. cated almost solely to the topic The Senate's No. 2 Demoof the OA tapes, Perino recrat, Dick Durbin of Illinois, sponded 19 times that she didn't called on Attorney General know or couldn't comment. Michael Mukasey to find out The spy agency destroyed "whether CIA officials who the tapes in November 2005, destroyed these videotapes and at & time when human rights withheld information about " groups and lawyers for detheir existence from official tainees were clamoring for proceedings violated the law." information about the agency's Sea Edward Kennedy, secret detention and interrogaaccused the CIA of a tion program, and Congress cover-u"We haven't seen and U.S. courts were debating where "enhanced interrogaanything like this since the 18 tion" crossed the line into torgap in the tapes of President Richard Nixon," he ture. said in a Senate floor speech. Also at that time, the Senate And Senate Armed Services Intelligence Committee was Committee Chairman Carl asking whether the videotapes told reportshowed CIA interrogators Levin, ers the OA's explanation that were complying with interro-- ' the tapes were destroyed to gation guidelines. The CIA refused twice in 2005 to provide protect the identify of agents is "a pathetic excuse," adding: the committee with its general "You'd have to burn every counsel's report on the tapes, document at the CIA that has according to Committee Chairthe identity of an agent on it man Sen. Jay Rockefeller, under that theory." Democrats on the House Judiciary Committee sent letters to CIA Director Gen. Michael Hayden and Mukasey asking whether the Justice Department gave legal advice to the Q A on the destruction of the tapes, and whether it was planning an obstruction-o- f justice THE ASSOCIATED PRESS A pioned by Republican Sen. 4 p. . John McCain of Arizona, who "Of course I object was tortured while a prisoner to it. Right now, our of war in Vietnam. The law prohibits not only torture, but intelligence agencies cruel, inhuman and degrading of all U.S. detainees, need credibility and this treatment those in CIA custody. including Also in the fall of 2005, the is not helpful to that." Supreme Court heard a case involving the legal rights of detainees held at Guantanamo Bay Naval Base. It decided in June 2006 that prisoners are protected by the Hayden told agency employ- Geneva Conventions' prohibitions on torture and cruel ees Thursday that the recordtreatment. ings were destroyed out of At the time, the QA also fear the tapes would leak and was concerned that its opreveal the identities of intereratives involved in prisoner rogators. He said the sessions were videotaped to provide an interrogation might be subadded layer of legal protection ject to legal charges over the treatment of detainees. Some for interrogators using new, harsh methods. President Bush agency employees have bought had just authorized those meth- liability insurance as a hedge ods as a way to break down against that possibility. The decision to destroy the the defenses of recalcitrant JI tapes was made by Jose Roprisoners. Destruction of the tapes driguez, then the head of the came in the midst of an intense CIA's clandestine directorate of operations under QA Direcnational debate about how tor Porter Goss. forcefully prisoners could be grilled to get them to talk. Not Hayden said members of the congressional intelligence long after the tapes were destroyed, Congress adopted the committees were made aware Detainee Treatment Act, cham in February 2003 both of the : John McCain rjww ctn fj e Abu Zubaydah, the first detainee taken by the QA in 2002. Zubaydah, under harsh questioning, told CI A interrogators about alleged 911 accomplice Ramzi Binalshibb, Bush said publicly in 2006. The two men's confessions also led to the capture of Khalid Sheikh Mohammed, whom the U.S. government said was the mastermind behind the Sept. 11 tapes and the OA's ultimate plan to destroy them. That claim was denied by several members of the panels, including Republican Peter Hoekstra of Michigan, who at the time was chairman of the House intelligence Committee. The Senate Intelligence Committee did not learn of the tapes' destruction until November 2006, and Chairman Jay high-valu- terrorist attacks. Hayden told agency employees the interrogations were legal and said the tapes were not relevant to "any internal legislative or judicial inquiries." Lawyers for U.S. detainees said he Rockefeller, was not told in 2003 of the plan to destroy them. The House Intelligence Committee learned of thetapes' destruction in March 2007. Republicans were mostly mum about the QA disclosure. McCain, a presidential candi- believe otherwise. The Center for Constitutional Rights, which coordinates the work of all attorneys representing U.S. prisoners held at Guantanamo Bay Naval Base, says the QA may have destroyed crucial evidence a court said it was entitled to in 2004. The center said Friday it is now "deeply concerned" the CIA may have destroyed evidence relating to Majid Khan, a former CIA detainee now held at Guantanamo. Revelations about the tapes also may affect ongoing terror-is- date, said while campaigning in New Hampshire on Friday that he would not side with Democrats' calls for an investigation because he believed the CIA's actions were legal "That doesn't mean I like it," McCain added. "Of course I object to it," he said of the tapes being destroyed. "Right now, our intelligence agencies need credibility and this is not helpful to that." At least one of the tapes showed the interrogations of Af m trials. ft ft -- investigation. White House press secretary Dana Perino said Friday that President Bush did not recall being told about the tapes or their destructioa But she could not rule out White House involvement in the decision to destroy the tapes, saying she had only asked the president about it, not others. 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