The Government Has Information on Gina Haspel鈥檚 Torture Record. The Senate Can鈥檛 See It.
In 2005, the CIA destroyed 92 videotapes that had depicted the torture of two detainees. The destruction took place over objections from the White House, the CIA鈥檚 legal counsel, and senior intelligence officials.
Gina Haspel, President Trump鈥檚 nominee to head the CIA, drafted the cable ordering the tapes' destruction and lobbied for them to be shredded. She , however, that she did not think the cable she drafted would be sent before 鈥渕aking sure that we had all the stakeholders鈥 concurrence.鈥
Now, a of senators, including Sen. Jeff Flake (R-Ariz.), Sen. Martin Heinrich (D-N.M.), Sen. Ron Wyden (D-Ore.), Sen. Dianne Feinstein (D-Calif.), Sen. Kamala Harris (D-Calif.), Sen. Jack Reed (D-R.I.), and Sen. Angus King (I-Maine), are calling on the Justice Department to make a federal prosecutor鈥檚 report about the destruction of the videotapes available to senators before the chamber votes on Haspel鈥檚 nomination.
In 2008, then-Attorney General Michael Mukasey federal prosecutor John Durham to the destruction of the tapes. Durham鈥檚 inquiry was later expanded to look into 鈥渁lleged CIA mistreatment of detainees鈥 and 鈥渨hether federal laws were violated in connection with the interrogation of specific detainees at overseas locations.鈥
While an executive summary of the report has been made available to Senate Intelligence Committee members, the entire report has been kept a secret 鈥 including from the full Senate, which will be voting on Haspel if the committee approves her nomination. The New York Times to make the report publicly available.
The videotapes were destroyed in complete disdain for the rule of law. In 2004, one year before the tapes鈥 destruction, a judge ordered the CIA to 鈥減roduce or identify鈥 records relating to the treatment of detainees in CIA custody. That order came as a result of a legal challenge by the 老澳门开奖结果. One year later, a federal judge in a separate case to search for video or audio recordings of detainee interrogations. In clear defiance of the courts, the CIA destroyed the tapes.
The tapes were shredded just one day after the Senate voted on a 2005 amendment which, had it passed, to look into the agency鈥檚 detention practices. According to the of an extensive report on CIA torture by the Senate Intelligence Committee 鈥 the full version of which has also been kept secret 鈥 that vote prompted 鈥渞enewed interest at the CIA to destroy the videotapes鈥 over fears that 鈥渟uch a commission would lead to the discovery of videotapes documenting CIA interrogations.鈥
Haspel鈥檚 nomination has prompted renewed urgency to release the Durham report. In her confirmation hearing last week, Haspel contradicted the CIA鈥檚 own documents when she claimed that there was only one detainee depicted in the tapes, not two.
The report may also shed light on from Haspel and her former boss, Jose Rodriguez, about her knowledge of his decision to order the videotapes destroyed. Rodriguez has implied that Haspel .
Durham ultimately decided not to bring any charges 鈥 part of a long and shameful pattern of impunity when it came to the CIA鈥檚 unlawful program. Because the basis for Durham鈥檚 decision has been hidden from the public, we have no assurances about Durham鈥檚 conclusions, and we continue to call for a comprehensive and independent investigation of the torture program. News reports indicate that his investigation includes precisely the kind of information about Haspel that the CIA has been effectively shielding from the public.
According to , Democratic members of the Senate Intelligence Committee have prepared a 鈥渄isturbing鈥 document that addresses 鈥渃omments by Haspel in support of the CIA鈥檚 brutal interrogation program at the time it was ongoing.鈥 The Intercept further that information from Durham鈥檚 inquiry is included in the memo:
Relying on classified records, it goes into detail on Haspel鈥檚 role in torture, the destruction of evidence, and her tenure more broadly, according to people briefed on its contents.
The memo draws from the results of an investigation by special prosecutor John Durham, who looked into CIA activity following 9/11 and ultimately chose not to bring charges.
Every American should be wary of what Sen. Wyden has described as an 鈥溾 of Haspel鈥檚 torture record. A vote on her nomination without access to her full record, including the Durham report, would be a failure of the Senate鈥檚 constitutional obligation to provide 鈥榓dvice and consent鈥 on nominations.