Think Progress

CIA staged ‘mock execution’ of detainees, then destroyed the video tape evidence.

Newsweek reports that a forthcoming CIA Inspector General report that will be released next week “reveals that CIA interrogators staged mock executions as part of the agency’s post-9/11 program to detain and question terror suspects.” CIA interrogators used a handgun and an electric drill to try to frighten captured al-Qaeda detainee Abd al-Rahim al-Nashiri into giving up information:

Nashiri’s interrogators brandished the gun in an effort to convince him that he was going to be shot. Interrogators also turned on a power drill and held it near him. “The purpose was to scare him into giving [information] up,” said one of the sources. A federal law banning the use of torture expressly forbids threatening a detainee with “imminent death.”

Marcy Wheeler notes that the torture of Nashiri compelled him to falsely confess that al Qaeda was working on a nuclear bomb. Conveniently, the Bush administration destroyed tapes of Nashiri’s interrogations in 2005.

Update The Washington Post notes that Jay Bybee, the head of the Justice Department's Office of Legal Counsel, advised the CIA in an August 2002 memo that threats of "imminent death" were not illegal unless they deliberately produced prolonged mental harm.


58 Responses to “CIA staged ‘mock execution’ of detainees, then destroyed the video tape evidence.”

  1. Rich H says:

    I saw a report on this on Rachel Madow the other night. I don’t think Holder’s going to be able holding off asigning a Special Prosecutor.

    It’s been a while coming but I think the creaky wheels of justice are about to start turning.


  2. EugeneDebs says:

    It is time to fit a good portion of the Bush administration including Darth Cheney and George W Gump for orange jumpsuits. Anyone who facilitated torture anyone that stood by anyone that comitted it. All of them need to do the appropriate prison time.


  3. MapleStreet says:

    They didn’t have to make a videotape.

    But having the tape and anticipating that it could be used as evidence against a crime, they destroyed it.

    Of course, it was extremely unfair for them to get to see the tape and then decide whether it would be more harmful to the defendant or weaken the charges against the defendant. (and the fact they destroyed it pretty much means the tape could have freed the defendant).

    But also, surely they knew that such a tape could be used against them for war crimes.

    Isn’t there some sort of legal term for destroying evidence that they knew could be relevant in 2 extremely important criminal trials ?


  4. EugeneDebs says:

    Mens Rea evidence of a guilty mind


  5. wiley says:

    Why is it that it’s so much easier for government officials to be prosecuted for the cover-up, than the crime?


  6. Rich H says:

    But holding a power drill to the side of a prisoners head is just fun and games.

    I’m sure Yoo must have authored a memo on that.


  7. dixie blood says:

    That not just Jay Bybee mentioned above. That’s federal Judge Jay “Torture Is AOK” Bybee and he should be in prison.


  8. Zooey says:

    Rachel is all over this.

    I felt sick just watching her segment on this on Friday, and the report itself will be worse.

    Assuming it isn’t redacted by f ucking cowards.


  9. Zooey says:

    The Washington Post notes that Jay Bybee, the head of the Justice Department’s Office of Legal Counsel, advised the CIA in an August 2002 memo that threats of “imminent death” were not illegal unless they deliberately produced prolonged mental harm.

    What kind of threat of imminent death does NOT produce prolonged mental harm? Especially if the threatener has the apparent means to follow through on said threat?


  10. zivnuska1 says:

    The character and identity of the United States is at risk. Historically, the US has made heinous mistakes at times. However, we have always corrected those mistakes and we are better for it. We occupy the moral high ground not because we are perfect but because we are committed to correct our failings. The torture program of the Bush administration is a blot against the United States of America. Even so, it will not cause lasting damage if the crimes are punished. If not, if we just decide to go forward because of a legislative expediency and ignore these war crimes, the Obama administration will damage the US every bit as much as G.W. Bush


  11. Xisithrus says:

    Bybee, the psychologist advisor and part time lawyer.

    And this guy Bybee, who doesnt give a fig about actual law, is a judge?


  12. Zooey says:

    Zep,

    George W. Bush appointed Bybee to the Federal bench. For life.



  13. Zooey says:

    Better than the Medal of Freedom!


  14. McWars says:

    The Washington Post notes that Jay Bybee, the head of the Justice Department’s Office of Legal Counsel, advised the CIA in an August 2002 memo that threats of “imminent death” were not illegal unless they deliberately produced prolonged mental harm.

    The abstract application of law wingnut judges are known for, full of jargon in CYA mode. Just how would the interrogator avoid “deliberately produced prolonged mental harm” when threatning imminent death? With a fortune cookie?


  15. bzb says:

    I’m not even surprise anymore about what the Bush criminals did while they were in office. It’s just sickening and disturbing that they held the country in peril like they did for 8 years. I’m ready for them to be put on trial and placed in jail where they belong.


  16. bzb says:

    Check this out here we go again with more conservative lies and distortion this one is pretty interesting heres the headline:

    How Conservatives Got The Facts Wrong On Their Latest Obsession: The “Death Book” For Veterans

    http://www.huffingtonpost.com/2009/08/22/how-conservatives-got-the_n_266275.html


  17. Buckie Boy says:

    Oh, I bet this is really gonna upset the teabaggers…

    destroying evidence and all…

    …oh, wait, forgot, they are one big Criminal Mafia…

    …so criminal activities are fine with them…fcukheads.


  18. Ape-Man says:

    This is a conspiracy to defraud the government. That’s now the knowable truth. If it isn’t prosecuted then the justice system is also involved in the conspiracy by definition. How long now before the DOJ becomes an acting conspirator in the eyes of the law?


  19. Intrepid says:

    OT

    Obama May Abandon Effort to Reach Health Deal With Republicans.

    http://news.yahoo.com/s/bloomberg/20090822/pl_bloomberg/a9fjicd6ygqk


  20. AaronQ of Maine says:

    Its weird to think all this was caused by 9/11. and 9/11 still has never been explained. I mean, who paid for it? where are the black boxes? Anyways, I don’t think anything to do with this war on drug, er , terror is legal in the first place. I doubt I’ll be traveling by plane until they realize the security show is pointless. Yoo give these people all the power and no of the consequences you’re gonna get touture.


  21. Intrepid says:

    I thought we don’t torture… :|


  22. delafield says:

    Think Progress says, “CIA interrogators used a handgun and an electric drill to try to frighten captured al-Qaeda detainee Abd al-Rahim al-Nashiri into giving up information”.

    The Israelis have been terrorizing and torturing Palestinians for decades. Now they’re teaching the CIA everything they know.


  23. Mathazar says:

    So once again torture is shown to have produced totally false information.

    Any minute now Liz Cheney will pop up to defend this.


  24. MapleStreet says:

    threats of “imminent death” were not illegal unless they deliberately produced prolonged mental harm.

    OK. So now I can go down the street threatening to kill everybody. And as long as it doesn’t produce mental harm, it is Okey-dokey ?


  25. Virtual Pebble says:

    Several things come to mind on this issue.

    The first is that Bybee’s notion of what does and does not constitute torture is just crap from an arsehat. Sure, he’s a lawyer, but he doesn’t have any particular expertise in evaluating matters regarding physical duress; I suspect he has no expertise other than brown-nosing.

    To determine whether some activity is torture, or just torment, or simply unethical and nasty, we’d really need to consult some organization like the International Committee of the Red Cross. That particular route wasn’t available to anyone on the Shrub team, assuming that there was anyone there that wanted to know; after all, they’d decided to cut out our obligations under the Geneva Conventions and they certainly weren’t going to consult any other human rights organizations. We might have some case law on what constitutes duress and torture, but the Shrubbery wasn’t about the law, they were about power and fear, so they’d not resort to a reading of our law either.

    Then there’s the matter of who they were dealing with, assuming the interrogatee is an actual alQaeda or long-time jihadist operative; while the CIA interrogation team is playing with guns and drills, pushing the limit on some movie version of giving a bad guy the modern third degree, their bad guy, given the resume of some of those people, is 1) not really impressed, because he isn’t a coward – he’s committed and ready to die – he’s not in the cause for the money or the virgins or whatever – he’s a true believer or was and still carries the courage of his convictions, and 2) he may have already seen worse in a jail or prison somewhere in the Arab or Gulf states where he’d already been worked over by people who make Langley’s “interrogators” look like a pack of junior high bullies. Starting with al Zawahri, Osama bin Laden’s lieutenant, and working down, we’re confronted by a number of people who’ve spent time being thumped on and being locked into verminous holes by the Egyptian state, the Saudis, etc. We might startle them by firing a gun next to them, but that’s about all; the moment after that, when they don’t wake up dead and they aren’t injured, they immediately grasp the true nature of the situation; our guys might grind on them a bit and bruise them, etc, but probably aren’t going to do something where they haven’t already been through worse. And that’s why a number of those guys got a rendition flight somewhere else before they ended up at Gitmo.

    As for the poor grunts who got picked up and ended up being “harshly” interrogated at Gitmo or Bagram or some other shit hole through some serious error of assessment on the part of the intake personnel, they have been damaged by all the mistreatment dealt out to them. They weren’t prepared for it, they probably haven’t had the encounters with their own authorities that gave the officer equivalents and managers some inadvertent training. And yes, that damage may include being always ON in a revenge seeking state of mind, but blowback isn’t the point here. The point is that our own people did this crap, it’s still being covered up, and as far as anyone knows, it may still be going on; as far as some of our people are concerned, I suspect that they’ll only stop if some manager or Leon Panetta himself is standing over their shoulder saying “No”.


  26. Virtual Pebble says:

    Oh, I might add to my previous that destroying the tapes may have been illegal, very probably was illegal. Destruction of a “public” record usually is; sure, the videos were classified, but by virtue of being a type of government document, they’re publicly owned. They weren’t the private property of whoever created them or whoever decided to destroy them or whoever had them in their possession. Apart from that, there’s the issue from a couple of years ago or so where Langley was ordered by a judge to preserve all such documents. Somebody should have to answer for that destruction, and not just the dope running the bulk eraser or degausser – or shredder and incinerator.


  27. sherifffruitfly says:

    Sheesh republicans are astonishingly abominable people.


  28. RUCerious says:

    Let’s hope those creaky wheels of justice grind up Cheney, Addington, Yoo and all the rest of the criminal conspirators.


  29. Perry logan says:

    I don’t get it.

    When they torture someone on 24, he always coughs up the necessary information right away, and it’s always totally accurate. Then they break for commercial.

    I mean, it works every time. What’s wrong?


  30. Sgt Higgins... says:

    This comment has been voted down. Click to read.


  31. DNFP says:

    So you’re a bliovating, self-professed “active duty member” who would wilfully violate a code of military conduct (giving intel to the enemy)? Sounds more like a lying sack of shit, honestly. Or perhaps you’re just dumber than a bag of toenail clippings? Either way, you couldn’t be considered a useful “asset” to our Armed Forces…


  32. Levi the Dungbeetle says:

    We are going to need more prisons.


  33. Levi the Dungbeetle says:

    It shocks me that we have not even begun to lock any of the torture proponents yet. We are no longer a nation of laws, and I don’t think we can remain a nation much longer without them.


  34. Fred says:

    Sgt Higgins… says:
    This isn’t gonna make me popular here but…

    Yeah, we’re the civilized portion of our society, remember?


  35. Badger says:

    Conveniently, the Bush administration destroyed tapes of Nashiri’s interrogations in 2005.

    Hmmmm…destroyed tapes??? Reminds me that Waterboardee Abu Zubaydah’s interogation Tapes were also destroyed….amid Allegations that Zubaydah implicated 3 Saudi Princes and the head of the Pakistani Air force in the tragic terrorist attack on Sept. 11.

    Tinfoil time??? maybe…but ALL FOUR Died under mysterious circumstances shortly thereafter.

    Destroying evidence begs the Question…what Don’t they want us to know.

    http://www.huffingtonpost.com/gerald-posner/the-cias-destroyed-interr_b_75850.html


  36. Whenwillthisnightmareend says:

    I’ll bet if this justice department would only look at obstruction of justice, they will find a trail of easily prosecutable crimes leading all the way to the top of the Bushb administration pyramid. But then Obama would have to endure the Gee Oh Pee backlash.


  37. unbelievable says:

    Jesus Christ Sgt. Higgins – you need to go to the VA and ask for immediate medical attention. You should be no where near any military actions until you do.


  38. freeman says:

    Give me back my broken night
    my mirrored room, my secret life
    it’s lonely here,
    there’s no one left to torture
    Give me absolute control
    over every living soul
    And lie beside me, baby,
    that’s an order!
    Give me crack and anal sex
    Take the only tree that’s left
    and stuff it up the hole
    in your culture
    Give me back the Berlin wall
    give me Stalin and St Paul
    I’ve seen the future,
    it is murder
    leonard cohen…. The Future


  39. Incars says:

    Hey Sgt. Higgins (if you are) WE, meaning the USA don’t do this kind of crap, it’s proven you don’t get good intel.


  40. nellre says:

    threats of “imminent death” were not illegal unless they deliberately produced prolonged mental harm

    This is crazy talk. How could anybody read that and not realize the writer has mental problems?

    I’d like to see a full psych evaluation of the entire Bush administration.


  41. dbadass says:

    I need more plastic sheeting and duct tape…


  42. Witch1 says:

    Good Morning youngsters….#44 I don’t want to see a syc. eval on them I want to see numbers on their chests and them all dressed in orange jump suits complete with shackles and chain’s…My personal moral compass knows what’s right and wrong and murderers and thieves need to be locked up forever based on the extent of the crime’s…Millions killed in illegal wars and trillions stolen from our country warrent the most severe punishment…

    Any one who has gone through abuse knows the level of mental and physical damage long term that occures from said abuse….Each persons ability to cope is individule…What seem’s terribly harsh to one may seem slight to another but the bottom line is torture is torture and lies are lies…

    Back on tract here…If President Obama and Holder don’t get their act together soon he will not get a second term…Like wise if all the bush madness is not stopped by President Obama soon he is going to be held just as guilt…Just as I have said in the past it do’s not matter if one is driving the get away car or weilding the gun in a bank robbery or murder both are just as guilty in my mind….

    So Mr. President get your act and that of your cabinet in order or you will have a bull shit bush the 3rd legacy…P. B. & J


  43. freeman says:

    Things are going to slide, slide in all directions
    Won’t be nothing
    Nothing you can measure anymore
    The blizzard, the blizzard of the world
    has crossed the threshold
    and it has overturned
    the order of the soul
    When they said REPENT REPENT
    I wonder what they meant
    When they said REPENT REPENT
    I wonder what they meant
    When they said REPENT REPENT
    I wonder what they meant.
    You don’t know me from the wind
    you never will, you never did
    I’m the little jew
    who wrote the Bible
    I’ve seen the nations rise and fall
    I’ve heard their stories, heard them all
    but love’s the only engine of survival
    Your servant here, he has been told
    to say it clear, to say it cold:
    It’s over, it ain’t going
    any further
    And now the wheels of heaven stop
    you feel the devil’s riding crop
    Get ready for the future:
    it is murder.
    Things are going to slide …
    There’ll be the breaking of the ancient
    western code
    Your private life will suddenly explode
    There’ll be phantoms
    There’ll be fires on the road
    and the white man dancing
    You’ll see a woman
    hanging upside down
    her features covered by her fallen gown
    and all the lousy little poets
    coming round
    tryin’ to sound like Charlie Manson
    and the white man dancin’.
    Give me back the Berlin wall
    Give me Stalin and St Paul
    Give me Christ
    or give me Hiroshima
    Destroy another fetus now
    We don’t like children anyhow
    I’ve seen the future, baby:
    it is murder.
    Things are going to slide …
    When they said REPENT REPENT …

    Leonard Cohen THE FUTURE


  44. freeman says:

    Off to pick huckleberries where the indians have spent summers for thousands of years .
    Sleeping beauty !
    Chao for now .


  45. tokin librul says:

    If they showed ti on “24,” they tried it at Gitmo…

    Guaran-fuukin-teed


  46. Levi the Dungbeetle says:

    I agree witch1, if Obama does not order Holder to place them all under arrest, and try them for any number of a dozen or so crimes, Obama is just as guilty as if he performed the torture himself. I realize the political ramifications of doing such a thing are not plesant, but every day where Bush, Cheney, Rumsfeld and Rove (et. al.) go unpunished, is an abomination.

    These men should spend every day of the rest of their lives in shakles shoveling pig slop.


  47. Rich H says:

    It’s kind of funny some troll would pick a name that rhymes with Raplhie Wiggums.


  48. nellre says:

    If sanity and justice were restored, we’d be seeing indictments.

    Everyone disappointed in Obama so far say aye

    Aye.


  49. Witch1 says:

    Aye…..Blessings


  50. Levi the Dungbeetle says:

    Indictments or anarchy.

    Aye.


  51. Daddy-O says:

    Lock them up. Now. Today. All of them. Every single war criminal. Top to bottom.

    Judgment at Nuremberg, please.


  52. msims2 says:

    I agree.. terrorist rights trump all others, except animals, trees, whales…


  53. A Patriotic Anopheles Acting says:

    What was the timw frame of VP CHeney’s missing e-mails again? Does the it coincide with someone at the CIA gaining the go ahead to erase interrogation tapes?


  54. Luis Chapulin M says:

    msims2 says:
    I agree.. blah dee blah dee blah

    You know, you’re aiming to be funny or something, but you’re failing so hard, it’s painful to read.


  55. EugeneDebs says:

    msims2 says:

    Yeah we KNEW you were a coward. Most of you ignorant punks are. You snivelling gutless conservatives. You shiver under mommys bed begging others to violate any code of decency so you can FEEL better about what a yellow bellied coward you are. This is not news to us. We KNOW what a snivelling punk you are. You bring shame to all decent Americans. I could point out the fallacies in the idiocy you just posted but what is the point. You dont think. You are too stupid to think. You react. You are a coward. That is all you know. No way to reach snivelling punks like you your cowardice controls you. Your yellow streak defines you. You should be ashamed but you have no dignity or self respect so of course you wont be


  56. msims2 says:

    eugendeb, you are sooo predictable..insert__________stupid,moron,punk.


  57. karadagli61 says:

    very thanks for article!



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