ACLU FOIA Request Reveals Even More Bush Administration Involvement in Torture

In a press release issued today, the ACLU announced that it has obtained an index of important new CIA documents through a FOIA request. This documents in this index mostly relate to the CIA's 2005 destruction of videotapes that showed vicious torture at CIA black sites. The reason we only have an index rather than the actual documents themselves is, you guessed it, national security. One more example of so-called "state secrets" used as an excuse to cover the administration's butt.

To quote the ACLU's press release:

The chronology outlined in this new index supplies further evidence that the CIA destroyed the videotapes in order to prevent the public from learning the full scope of the CIA’s torture program, and further evidence that the Bush White House was on notice that the CIA intended to destroy the tapes" said Jameel Jaffer, Director of the ACLU National Security Project. "We continue to believe that the CIA’s destruction of the tapes constituted contempt of court, and we intend to press that case over the next few weeks

Listed in the index released last week are a November 8, 2005 cable from a CIA field office to CIA headquarters requesting permission to destroy the 92 tapes and a November 9, 2005 cable confirming their destruction. The precise date of destruction confirms that the tapes were destroyed immediately after the Washington Post reported the existence of the CIA black sites and the New York Times reported that the CIA Inspector General had questioned the legality of the agency’s torture program.

The index also lists the earliest known record of White House participation in discussions about destroying the tapes – an e-mail dated February 22, 2003 revealing that CIA officials met with Bush administration officials to discuss how the agency should respond to a letter from Representative Jane Harman (D-CA) advising the agency not to destroy the tapes. While it was known previously that the White House participated in discussions about the disposition of the tapes, this is the earliest record to date of any such discussions.

I suppose at this point that new knowledge about the complicity and guilt of the Bush administration in the CIA's torture program is not surprising. As much as George Tenet and the Bush Administration attempted to pass the buck to one another, they are both guilty for the human rights atrocities committed at CIA black sites.

Indeed the transparency of the "state secrets" lie is even more apparent now. As Ben Wizner pointed out in his Oxy Q+A session, Secrecy and abuse are cyclical: State secrecy sets the stage for torture. Torture creates the need for state secrecy, etc. etc. Here the political nature of the "state secrets" claim is more transparent than ever: the tapes were destroyed in response to the Washington Post's discovery of them and the CIA Inspector General's questioning of the program's legality. Rather than serve a national security interest, the "state secrets" defense being used now to withhold the documents regarding the videotapes is blatantly political. The political fallout of documents proving that the Bush Administration's explicitly authorized the destruction of the tapes in response to the very real possibility that they could be held accountable for them would be immense. The CIA knows it, Obama knows it, and congress knows it.

With evidence as damning as this, it's not hard to see why Republican congressmen have tried so hard to block torture accountability. The extremely limited evidence is damning enough without the no-doubt gruesome details of the documents themselves.