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Context of 'December 7, 2007: Legislators with CIA Oversight Say They Did Not Know About Tapes’ Destruction, Contradicting Hayden'

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The Central Intelligence Agency destroys videotapes of the interrogations of two high-ranking detainees, Abu Zubaida and Abd al-Rahim al-Nashiri, which were made in 2002 (see Spring-Late 2002). One anonymous senior intelligence official later claims that “Several hundred hours” of videotapes are destroyed. [Washington Post, 12/18/2007] The tapes are destroyed at the CIA station in Thailand by station chief Michael Winograd, as Zubaida and al-Nashiri apparently were tortured at a secret CIA prison in that country. [Newsweek, 6/28/2008; Associated Press, 7/26/2010] The decision to destroy the tapes is apparently made by Jose Rodriguez, chief of the CIA’s Directorate of Operations, despite previous advice not to destroy them (see November 2005). However, some accounts will suggest that Rodriguez received clearance to destroy the tapes (see December 7, 2007). [New York Times, 12/8/2007] The CIA’s treatment of detainees has recently come under increased scrutiny. As the Wall Street Journal will later remark, “the Abu Ghraib prison pictures were still fresh, the existence of secret CIA prisons had just been revealed, and politicians on Capitol Hill were talking about curtailing ‘extreme techniques,’ including the Central Intelligence Agency’s own interrogation tactics.” [Wall Street Journal, 12/10/2007] Beginning on November 2, 2005, there are some pivotal articles revealing details about the CIA’s handling of detainees, suggesting that some of them were illegally tortured (see November 2-18, 2005). According to a 2007 statement by future CIA Director Michael Hayden, the tapes are destroyed “in the absence of any legal or internal reason to keep them” and because they apparently pose “a serious security risk”; if they were leaked, they could be used for retaliation by al-Qaeda and its sympathizers. [Central Intelligence Agency, 12/6/2007] However, this rationale will be questioned when the destruction is revealed in late 2007 (see December 6, 2007). Senator Carl Levin (D-MI) will call this “a pathetic excuse.… You’d have to burn every document at the CIA that has the identity of an agent on it under that theory.” CBS News will offer an alternative explanation, saying that the tapes are destroyed “to protect CIA officers from criminal prosecution.” [CBS News, 12/7/2007] CIA Director Porter Goss and the CIA’s top lawyer, John Rizzo, are allegedly not notified of the destruction in advance, and Rizzo will reportedly be angry at this failure. [New York Times, 12/8/2007] But Newsweek will later claim that Goss and Rizzo were involved in extensive discussions with the White House over what to do with the tapes. Goss supposedly thought there was an understanding the tapes would be saved and is upset to learn they have been destroyed (see Between 2003-Late 2005 and Before November 2005). [Newsweek, 12/11/2007] Congressional officials responsible for oversight are not informed for a year (see March 14, 2007). A White House spokeswoman will say that President Bush has “no recollection” of being made aware of the tapes’ destruction before 2007 (see December 11, 2007). It is also unclear whether the Justice Department is notified in advance or not. [New York Times, 12/8/2007] The CIA still retains tapes of interrogations of at least one detainee (see September 19 and October 18, 2007).

Entity Tags: Abd al-Rahim al-Nashiri, Abu Zubaida, Jose Rodriguez, Jr., CIA Bangkok Station, John Rizzo, Porter J. Goss, Michael K. Winograd, Central Intelligence Agency

Timeline Tags: Torture of US Captives, Complete 911 Timeline, Civil Liberties

Deputy Director of National Intelligence Michael Hayden learns that the CIA has videotaped some detainee interrogations (see Spring-Late 2002). Hayden will later say he finds this out towards the end of his time as deputy director of national intelligence, a position he leaves in May 2006. Although the tapes were destroyed several months previously (see November 2005), Hayden will later say he is not aware of their destruction at this point: “I did not personally know before they were destroyed, not at all… I was aware of the existence of the tapes but really didn’t become focused on it until the summer of ‘06.” It appears that Hayden does not inform any congressional oversight committees of the destruction until 2007 (see March 14, 2007 and December 7, 2007), even though he becomes CIA director in the summer of 2006 (see May 5, 2006). [Associated Press, 12/12/2007; Fox News, 12/13/2007]

Entity Tags: Michael Hayden, Central Intelligence Agency

Timeline Tags: Torture of US Captives, Complete 911 Timeline, Civil Liberties

Silvestre Reyes.Silvestre Reyes. [Source: US House of Representatives]In response to a question asked at a briefing, CIA Director Michael Hayden makes an “offhand comment” to the House Intelligence Committee indicating that tapes the CIA has made of detainee interrogations have been destroyed (see Spring-Late 2002). Although some committee members have been aware of the tapes’ existence since 2003 (see February 2003), this is apparently the first time they learn of their destruction, which occurred over year ago (see November 2005). The destruction is again “briefly mentioned” in a letter to a member of the committee in mid-April. Leading committee members Silvestre Reyes and Peter Hoekstra will later write to Hayden, “We do not consider this to be sufficient notification. Moreover, these brief mentions were certainly not contemporaneous with the decision to destroy the videotapes.” [US Congress, 12/7/2007] The Senate Intelligence Committee is apparently not informed until later (see December 7, 2007).

Entity Tags: Michael Hayden, Peter Hoekstra, Central Intelligence Agency, House Intelligence Committee, Silvestre Reyes

Timeline Tags: Torture of US Captives, Complete 911 Timeline

In a statement released by CIA Director Michael Hayden, the CIA admits that it has destroyed videotapes of interrogations of two detainees, Abu Zubaida and Abd al-Rahim al-Nashiri (see Spring-Late 2002 and November 2005). [Central Intelligence Agency, 12/6/2007] The statement is apparently released to preempt a New York Times article on the verge of publication that would have revealed the destruction. [Washington Post, 12/7/2007] The fact that the CIA had videoed detainee interrogations was made public a few weeks previously (see November 13, 2007). [US District Court for the Eastern District of Virginia, Alexandria Division, 10/25/2007 pdf file] According to several former intelligence officials, there is concern that the tapes could have set off controversies about the legality of the interrogations and generated a backlash in the Middle East. [New York Times, 12/8/2007] Numerous political figures condemn the destruction in strong terms. For example, Senator Edward Kennedy (D-MA) says, “We haven’t seen anything like this since the 18½-minute gap in the tapes of President Richard Nixon,” and, “What would cause the CIA to take this action? The answer is obvious—coverup.” Senator Richard Durbin (D-IL) says, “What is at stake here goes to the heart of the rule of law and justice in America.” Human rights activists are also angry, and an Amnesty International spokesman says, “It falls into a pattern of measures that have been taken that obstruct accountability for human rights violations.” [CBS News, 12/7/2007; ABC News, 12/7/2007] Both the Justice Department and the CIA’s Inspector General initiate preliminary inquiries. The House and Senate intelligence committees also start investigations. [Los Angeles Times, 12/9/2007]

Entity Tags: Edward M. (“Ted”) Kennedy, Richard (“Dick”) Durbin, Senate Intelligence Committee, Central Intelligence Agency, Michael Hayden, Amnesty International

Timeline Tags: Torture of US Captives, Complete 911 Timeline, Civil Liberties

Chairman of the Senate Intelligence Committee Jay Rockefeller (D-WV) says that he did not know about the destruction of CIA videos of detainee interrogations (see November 2005 and December 6, 2007). [US Congress, 12/7/2007] This contradicts a statement by CIA Director Michael Hayden saying that, “Our oversight committees also have been told that the videos were, in fact, destroyed.” [Central Intelligence Agency, 12/6/2007] The CIA says that the committee was informed of the destruction in November 2006, but, “A review of the November 2006 hearing transcript finds no mention of tapes being destroyed.” [US Congress, 12/7/2007] The House Intelligence Committee was apparently informed in March 2007. [CBS News, 12/7/2007] However, the committee will say to Hayden that, “The notification came in the form of an offhand comment you made in response to a question,” and, “We do not consider this to be sufficient notification.” [US Congress, 12/7/2007] There is also a dispute over what happened when the committees were first informed of the videos’ existence. Hayden says, “The leaders of our oversight committees in Congress were informed of the videos years ago and of the Agency’s intention to dispose of the material.” [Central Intelligence Agency, 12/6/2007] Some political leaders were informed of the tapes in 2003, but urged that they not be destroyed (see November 2005).

Entity Tags: Senate Intelligence Committee, Michael Hayden, House Intelligence Committee, John D. Rockefeller, Central Intelligence Agency

Timeline Tags: Torture of US Captives, Complete 911 Timeline, Civil Liberties

Following appearances before the Senate and then House Intelligence Committees, CIA Director Michael Hayden takes a different line than the previous week over the CIA’s destruction of videotapes showing detainee interrogations. When the scandal first broke, he had said: “The leaders of our oversight committees in Congress were informed of the videos years ago and of the Agency’s intention to dispose of the material. Our oversight committees also have been told that the videos were, in fact, destroyed.” [Central Intelligence Agency, 12/6/2007] However, the committees protested (see December 7, 2007) and, after his closed-door meeting with the House committee on December 12, he says, “particularly at the time of the destruction we could have done an awful lot better at keeping the committee alerted and informed.” [Fox News, 12/13/2007] His private explanation to the Senate committee leaves many questions unanswered, but chairman Jay Rockefeller calls it “a useful and not yet complete hearing.” [Associated Press, 12/11/2007] House committee chairman Silvestre Reyes, who expresses the committee’s “frustration” at not being kept informed about the tapes, calls the meeting “the first step in what we feel is going to be a long-term investigation,” and says some parts of Hayden’s briefing are “stunning.” [Fox News, 12/13/2007] Hayden points out to both committees that he arrived at the CIA after the tapes had been destroyed, so “Other people in the agency know about this far better than I.” [Associated Press, 12/11/2007]

Entity Tags: Central Intelligence Agency, Michael Hayden, House Intelligence Committee, Jay Rockefeller, Senate Intelligence Committee, Silvestre Reyes

Timeline Tags: Torture of US Captives, Complete 911 Timeline

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