Rockefeller, Harman: We Kinda Sorta Knew About CIA’s Torture TapesWhat did Congress know about the CIA’s 2002 torture tapes and their 2005 destruction of same? Senate intelligence committee chairman Jay Rockefeller (D-WV):
While we were provided with very limited information about the existence of the tapes, we were not consulted on their usage nor the decision to destroy the tapes. And, we did not learn until much later, November 2006 — 2 months after the full committee was briefed on the program — that the tapes had in fact been destroyed in 2005.
Rep. Jane Harman (D-CA), then-ranking Democrat on the House intelligence committee, isn’t clear about what or when she knew of either the tapes or their destruction. But she says she warned CIA against getting rid of the evidence.
Rep. Jane Harman of California, then the senior Democrat on the House Intelligence Committee, was one of only four members of Congress in 2003 informed of the tapes’ existence and the CIA’s intention to ultimately destroy them.
“I told the CIA that destroying videotapes of interrogations was a bad idea and urged them in writing not to do it,” Harman said. While key lawmakers were briefed on the CIA’s intention to destroy the tapes, they were not notified two years later when the spy agency actually carried out the plan. Senate Intelligence Committee Chairman Jay Rockefeller, D-W.Va., said the committee only learned of the tapes’ destruction in November 2006.
It seems as if the “four” congressional leaders Harman refers to as knowing about the tapes were the chairs and ranking members of the intelligence committees: Sen. Pat Roberts (R-KS), Sen. Jay Rockefeller (D-WV), Rep. Porter Goss (R-FL), and Rep. Jane Harman (D-CA). Rep. Pete Hoekstra (R-MI) took Goss’ spot as chairman of the House intelligence committee that year when Goss became CIA director. Hoekstra told the AP that he didn’t know a thing about either the tapes or their destruction. I’m calling Harman to ask her for her letter to the CIA about the tapes, and will bring it to you if and when I have it.
But the bottom line here is that at least some Congressional leaders knew something about the tapes and something about their destruction, and didn’t say anything about either. Harman’s silence is especially stunning: she co-chaired a joint Congressional inquiry into the 9/11 attacks in 2002 that didn’t receive that very pertinent information. Why did she remain quiet about potentially criminal behavior? Marty Lederman has some thoughts here:
Jay Rockefeller is constantly learning of legally dubious (at best) CIA intelligence activities, and then saying nothing about them publicly until they are leaked to the press, at which point he expresses outrage and incredulity — but reveals nothing. Really, isn’t it about time the Democrats select an effective Chair of the Senate Intelligence Committee, one who will treat this scandal with the seriousness it deserves, and who will shed much-needed light on the CIA program of torture, cruel treatment and obstruction of evidence? …
Jane Harman also knew of the intention to destroy the tapes, and she at least “urged” the CIA in writing not to do it. (Where were her colleagues?) But when she found out the CIA had destroyed the tapes, where was Harman’s press conference? Where were the congressional hearings?
Update: Whoops! I originally misidentified Jay Rockefeller as a Republican in this post. I regret the Freudian slip.
