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The Hayden Record: Condoning Torture, Destroying Evidence, Misleading Congress

haydenh.jpg U.S. News is speculating that President-elect Barack Obama “might ask CIA Director Mike Hayden to stay on for a while.” CIA officials are advocating on his behalf:

It’s unfair to blame Hayden for things that occurred long before he took the job. But he deserves credit for standing up for the folks over there at CIA, even though a lot of the stuff he has dealt with didn’t happen on his watch,” said an intelligence official.

Former CIA analyst John Brennan was compelled to withdraw his name from consideration, after a number of bloggers, led by Glenn Greenwald, raised concerns that he had supported Bush’s interrogation policies. Hayden did one better than Brennan – he carried them out, defended them, and in some cases, lied about them.

On waterboarding, Hayden acknowledged to Congress that “it is not certain that that technique would be considered to be lawful under current statute.” And yet, he has refused to label the technique “torture,” dismissing it as an uninteresting “legal term”:

Well, first of all, we’re not talking about torture, all right? I mean, torture is a legal term. Now, there are some things that are illegal that are not, that are not torture. And so we cloud the debate when, when we throw the word torture out there, I think, in a far too casual way.

In 2004, CIA Inspector General John L. Helgerson issued a report warning “that some C.I.A.-approved interrogation procedures appeared to constitute cruel, inhuman and degrading treatment, as defined by the international Convention Against Torture.” In October 2007, Hayden “ordered an unusual internal inquiry” into Helgerson’s office, focusing on complaints that Helgerson was on “a crusade against those who have participated in controversial detention programs.”

When it was revealed that the CIA had destroyed tapes showing interrogations taking place, Hayden claimed that it was done to protect the identities of CIA interrogators. “You’d have to burn every document at the CIA that has the identity of an agent on it under that theory,” said Sen. Carl Levin (D-MI) of Hayden’s excuse. Sen. Ted Kennedy (D-MA) called the incident a “mockery of the rule of law.” Most disturbingly, Hayden claimed that videotaping of interrogations had stopped in 2002, even though evidence later came out suggesting that taping had continued.

Before arriving at the CIA, Hayden was director of the National Security Agency. In that position, he misled Congress about Bush’s warrantless wiretapping program. He told a committee investigating the 9/11 attacks that any surveillance of persons in the United States was done consistent with FISA. Of course, at the time, Hayden was operating an illegal spying program.

Update Sen. Rockefeller also criticized Hayden for making statements that did not correlate with the intelligence. “The positions attributed to you are not consistent with assessments that have been provided to the Senate Intelligence Committee over the past year,” he said.
Update Noah Shachtman adds a couple more blunders to the list.
Update TalkLeft recalls Obama voted against Hayden's confirmation.


34 Responses to “The Hayden Record: Condoning Torture, Destroying Evidence, Misleading Congress”

  1. Chuck Feney says:

    The Hayden Record: Condoning Torture, Destroying Evidence, Misleading Congress

    The big question is whether Bush will issue Hayden a preemptive pardon (The Neo Bush Doctrine) or award him a Presidential Medal of Freedom.


  2. McWars says:

    Throw Hayden in the trash bin. Investigate. Prosecute if warranted.


  3. McWars says:

    There has to be others within and without the CIA at least qualified to tend to the shop until a permanent appointee can be found.


  4. Witch1 says:

    Ugh!..I’m with McWar;s on this one…Please pick someone else Obama…Blessings


  5. wearechange says:

    looks like US news is echoing what many have said in recent weeks, and what jeremy scahill wrote over at counterpunch.org last tuesday. scahill asserts that “the assembly of Hillary Clinton, Robert Gates, Susan Rice and Joe Biden is a kettle of hawks with a proven track record of support for the Iraq war, militaristic interventionism, neoliberal economic policies and a worldview consistent with the foreign policy arch that stretches from George HW Bush’s time in office to the present.”

    hayden seems to fit in quite nicely.


  6. Nevar says:

    The United States has a huge worldwide mess with regards to military issues, and sadly it will not work to have an overnight upending of the war wagon. It will take time to ease away from the path of imperialism which the corporo-militarists have led poor dumb George along.
    I have faith that a new age of reason will emerge from the terrorism of the Bush puppet and his masters.


  7. Taguba says:

    Looks like a Medal of Freedom is in order !!!


  8. Jackie says:

    If the Obama/Biden Team doesn’t understand torture that the US has done they can read about it when War Crimes and Crimes Against Humanity are heard by the United Nations. If that doesn’t work when a Miliatry soldier and/or US citizens are kidnapped, transported to foreign countries held without charges/tortured/raped/killed knowing these people are innocent then maybe they will understand what it means. It will happen if Obama/Biden don’t but a stop to it. Hayden should go with the rest of the Bush/Cheney criminals. We have so many qualified people to run the CIA and Hayden will continue to be a symbol of Bush/Cheney. So many people are telling Obama what to do, I hope Biden steps in and gives him the truth.


  9. Leftside Annie says:

    Two words:

    WAR CRIMES


  10. Buckie Boy says:

    It would be best to replace Hayden with someone a bit for truthful and forthright.

    In most cases, if Bush assigned the person, then that person should go.


  11. Keltoi says:

  12. PatrioticLiberalChristian says:

    “U.S. News is speculating” – well, there you go. What more proof is there that Hayden is Obama’s man? I mean, this great journalistic icon wouldn’t dream of trying to create news rather than report it? Would it?

    Seriously, I’ll believe what Obama is going to do when Obama does it – both the possible good and the possible bad.


  13. Nevar says:

    Hmmmmm……guess Bush wasn’t so bad after all.

    What is the corollary between the linked article and this comment?


  14. Fred says:

    Oh comon….Paul Bedard is a gossip columnist.

    he interviews people like:
    Walker, Texas Ranger Shoots For Palin, Ron Paul

    Who’s defending attacks on Palen during the campaign.

    And anti Hillary threads like:
    With Sen. Hillary Clinton back in the headlines as Barack Obama’s choice for secretary of state, look for her main ankle-biter to flash its fangs.

    Even in the article linked to this thread he quotes un-named officials and intelligence sources…..

    and keltoy…..politico is a right wing rag……


  15. Keltoi says:

    Nevar Says:

    Hmmmmm……guess Bush wasn’t so bad after all.

    What is the corollary between the linked article and this comment?

    Well, if Obama is holding on to Bush’s Sec of Defense and Director of CIA, maybe the Bush Admin isn’t heading to the Hague after all. Either that or as the link suggests Obama isn’t the saviour of the Left after all.


  16. mary says:

    Keltoi – please link where anyone here suggested that Obama would be “the savior of the Left”.

    Thank you.


  17. Max-1 says:

    .

    R E M E M B E R:
    Hayden didn’t even know what the Fourth Amendment says!

    To expect him to know what the Eighth Amendment says would be stupid of us, NO?

    .


  18. DutchHenry says:

    U.S. News is speculating that President-elect Barack Obama “might ask CIA Director Mike Hayden to stay on for a while.”

    *****Well the speculation is way off.Just take a look at annoucement of Shinseki as Vet-Admin.All those who lied on Bush’s behalf are gone,afterall,they have no credibility.


  19. Nevar says:

    You’re exceptionally obtuse this morning Keltoi.


  20. tombaker says:

  21. sacopenapa says:

    Hayden is a WAR CRIMINAL! Obama, where is the CHANGE you promissed????


  22. Bilbo Hussein Baggins says:

    sacopenapa Says:
    Hayden is a WAR CRIMINAL! Obama, where is the CHANGE you promissed????

    Can’t wait to jump out there and criticize Obama can you troll?

    In case you missed it, here’s something you need to read:

    U.S. News is speculating…

    TP, it’s too bad you didn’t emphasize the fact that this is speculation by a crappy magazine, not something that Obama has said.


  23. Bilbo Hussein Baggins says:

    Keltoi Says:
    Hmmmmm……guess Bush wasn’t so bad after all.

    Go away troll. We are sick to death of you here. Quoting Politico (the internet version of Fixed News) won’t win you any points either.


  24. impeachcheneythenbush says:

    If there is any more to this than gossip, than it’s up to the Progressives to shout this idea down. Hayden was defending the NSA’s illegal wiretap law (which he no doubt helped to engineer since he was in NSA prior to his stint at CIA.) He needs to go.

    In May 2006, USA Today reported that, under Hayden’s leadership, the NSA created an domestic telephone call database. During his nomination hearings, Hayden defended his actions to Senator Russ Feingold and others, stating that he had relied upon legal advice that the White House order to build the database was supported by Article Two of the United States Constitution executive branch powers (in which the President must “take care that the laws be faithfully executed”), overriding legislative branch statutes forbidding warrantless surveillance of domestic calls, which included the Foreign Intelligence Surveillance Act (FISA). Previously, this action would have required a warrant from a FISA court. The stated purpose of the database was to eavesdrop on international communications between persons within the U.S. and individuals and groups overseas in order to locate terrorists [9][10][11]

    Landay: “…the Fourth Amendment of the United States Constitution specifies that you must have probable cause to violate an American’s right against unreasonable searches and seizures…”

    Hayden: “No, actually – the Fourth Amendment actually protects all of us against unreasonable search and seizure.”

    Landay: “But the –”

    Hayden: “That’s what it says.”

    Landay: “The legal measure is probable cause, it says.”

    Hayden: “The Amendment says: unreasonable search and seizure.”

    Landay: “But does it not say ‘probable cause’?”

    Hayden: “No! The Amendment says unreasonable search and seizure.”

    Landay: “The legal standard is probable cause, General — “

    Hayden: “Just to be very clear … okay… and believe me, if there’s any Amendment to the Constitution that employees of the National Security Agency are familiar with, it’s the Fourth. All right? And it is a reasonableness standard in the Fourth Amendment. The constitutional standard is ‘reasonable’” ( h/t Dale)


  25. impeachcheneythenbush says:

    And the constitutional standard is “probable cause.”


  26. pinget says:

    I could never get over Hayden serving as CIA director while wearing his military uniform. Super creepy.


  27. jvill says:

    Keltoi Says:

    Nevar Says:

    Hmmmmm……guess Bush wasn’t so bad after all.

    What is the corollary between the linked article and this comment?

    Well, if Obama is holding on to Bush’s Sec of Defense and Director of CIA, maybe the Bush Admin isn’t heading to the Hague after all. Either that or as the link suggests Obama isn’t the saviour of the Left after all.

    Whew… I’m beat… Following 17 leaps of logic in two sentences can be tiring…

    Can someone please distract this troll with something shiny?


  28. Keltoi says:

    Bilbo Hussein Baggins Says:
    Keltoi Says:
    Hmmmmm……guess Bush wasn’t so bad after all.

    Go away troll. We are sick to death of you here. Quoting Politico (the internet version of Fixed News) won’t win you any points either.

    See you up at the thread where Faiz is quoting Politico, Bilbo….:)


  29. JosephNobles says:

    How about Valerie Plame as head of the CIA?


  30. An Outhouse says:

    Every president needs someone who will destroy the tapes.


  31. kevday says:

    Obama the Constitutional law professor should check this clip out before asking him to stay around…

    http://www.youtube.com/watch?v=cGhcECnWRGM

    The best part is around 38 seconds.


  32. AlexLawyer says:

    Hayden is a low-rent thug and criminal who not only looks like Dick Cheney, but thinks like him too. If Obama retains him it will refute every progressive statement he has ever made, alienate the very people who elected him, signal our allies and our enemies alike that the progressive campaign rhetoric was nothing but hot air and that it’s going to be the same old ugly business as usual.


  33. EugeneDebs says:

    Keltoi Says:

    Yeah he was that bad and worse. Bush is a catastrophe that walks like a man and take your stupid rightwing talking points about Obama being a saviour, fold it till its all corners and deposit it where the Sun never shines.


  34. ctcadguy says:

    I see Washington is shaping Obama and not the other way around. Keeping a fascist Warpig like Hayden is the exact opposite of what Obama supporters want.

    WHERE’S THE CHANGE?????????????????????????????????????????????????????????????????????????????????????????????????????????????????????????????????????????????????????????????????????????????????????????????????????????????????????????????????????????????????????????????????????????????????????????????????????????????????????????????????????????????????????????????????????????????????

    Obama will be a four termer.

    A new progressive party will emerge.



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