Booman Tribune

Rogue CIA Agent to Blame For Destroyed Tapes?

by Steven D
Wed Jan 16th, 2008 at 09:10:39 AM EST

No one in the White House told anyone to destroy the torture tapes. It was all the doing of two rogue CIA officials. The Bush administration gets a pass. No one there advised the CIA to eliminate the most damning evidence that water boarding was used at secret CIA prisons. At least that's the story the Washington Post is putting out this morning and you;re free to believe it if you wish:

In late 2005, the retiring CIA station chief in Bangkok sent a classified cable to his superiors in Langley asking if he could destroy videotapes recorded at a secret CIA prison in Thailand that in part portrayed intelligence officers using simulated drowning to extract information from suspected al-Qaeda members.

The tapes had been sitting in the station chief's safe, in the U.S. Embassy compound, for nearly three years. Although those involved in the interrogations had pushed for the tapes' destruction in those years and a secret debate about it had twice reached the White House, CIA officials had not acted on those requests. This time was different.

The CIA had a new director and an acting general counsel, neither of whom sought to block the destruction of the tapes, according to agency officials. The station chief was insistent because he was retiring and wanted to resolve the matter before he left, the officials said. And in November 2005, a published report that detailed a secret CIA prison system provoked an international outcry.

Those three circumstances pushed the CIA's then-director of clandestine operations, Jose A. Rodriguez Jr., to act against the earlier advice of at least five senior CIA and White House officials, who had counseled the agency since 2003 that the tapes should be preserved. Rodriguez consulted CIA lawyers and officials, who told him that he had the legal right to order the destruction. In his view, he received their implicit support to do so, according to his attorney, Robert S. Bennett.

So why am I suspicious about this little tale of "the CIA did it" and not the Bush administration? Well, it's buried in the tenth and eleventh paragraphs of the report by Joby Warrick and Walter Pincus. I've highlighted the relevant text for your convenience:

(cont.)

Many of those involved recalled conversations in which senior CIA and White House officials advised against destroying the tapes, but without expressly prohibiting it, leaving an odd vacuum of specific instructions on a such a politically sensitive matter. They said that Rodriguez then interpreted this silence -- the absence of a decision to order the tapes' preservation -- as a tacit approval of their destruction.

"Jose could not get any specific direction out of his leadership" in 2005, one senior official said. Word of the resulting destruction, one former official said, was greeted by widespread relief among clandestine officers, and Rodriguez was neither penalized nor reprimanded, publicly or privately, by then-CIA Director Porter J. Goss, according to two officials briefed on exchanges between the two men.

That's right folks. The Porter Goss, former chairman of the House Intelligence Committee and partisan hack who helped whitewash the Bush administration's mistakes and misdeeds regarding 9/11, Iraq and the abuse at Abu Ghraib. The same Porter Goss who said of the possibility of investigating the outing of CIA covert operative Valerie Plame "Somebody sends me a blue dress and some DNA, I'll have an investigation." The Porter Goss who also proposed legislation that would have allowed the CIA to conduct secret operations inside the US, including the arrest of US citizens, without notifying Congress. The Porter Goss who became Bush's first appointed CIA Director after Clinton holdover George Tenet resigned (after falling on his sword and taking the blame for the faulty intelligence about Saddam Hussein's WMD programs). The Porter Goss whose right hand man at the Agency, Kyle "Dusty" Foggo was "up to his ears deep" in the bribery and corruption scandals involving Brent Wilkes, and former Congressman Randy "the Duke" Cunningham. The same Porter Goss who continued to insist that the CIA did not do torture, at the same time these so-called debates about whether to destroy the torture tapes was supposedly being bandied about by Bush officials and CIA lawyers. The same Porter Goss who offered no explanation for his surprise resignation in 2006 other than to state that it was "just one of those mysteries." The very Porter Goss who was a supporter and lapdog of Dick Cheney from the moment Cheney became the Great and Powerful Veep.

That Porter Goss. You now see my inner cynic coming to the fore. I don't doubt for one minute that there is no direct "paper trail" linking the decision to destroy the CIA torture tapes to President Bush, Vice President Cheney or anyone else in their administration. Count me as one of those who is deeply suspicious, however, of any claim that the decision to destroy the tapes was made solely by Jose A. Rodriguez Jr., a mid level CIA official.

The strongest evidence is the fact that Porter Goss, Bush's handpicked CIA chief, felt no need to reprimand Rodriguez in any way, despite the reported "fact" that his "decision" to destroy the tapes was in direct conflict with "five senior CIA and White House officials." If the Bush administration really did object to the destruction of the tapes, Goss would have had Rodriguez drawn and quartered for his insubordination and illegal action in obstructing justice. But I don't think anyone in the White House really wanted those tapes to survive. They just needed the proper fall guy to blame for it.

Allegedly the officials who counseled against destroying the tapes at a May, 2004 meeting were Harriet Miers, John B. Bellinger III (then National Security Council's top legal adviser) Tenet (when he was the CIA director) Scott Muller, the CIA's general counsel at the time and John D. Negroponte. Notably absent from this list of naysayers are the names of President Bush, Vice President Cheney and/or any of their more senior staff, such as Karl Rove. In other words, a few underlings without the power to decide the matter thought destroying the tapes was a bad idea. How many at that 2004 meeting disagreed with them, and who they were, we are not told. Please. Does anyone believe that the arguments made by these five individuals constituted the Bush administration's final word on the question of whether or not to destroy the tapes?

Indeed, I contend that anyone who thinks Rodriguez acted on his own initiative, without implicit or explicit promises that he would suffer no retaliation for destroying the tapes, tapes which documented acts of clear torture by CIA operatives that the Bush administration and the head of the CIA himself continued to claim had never occurred (despite their own knowledge to the contrary), torture that likely led to false and inaccurate information regarding terror plots which Bush exploited to frighten and manipulate American citizens into allowing him to grab as much power as possible from a cowed and compliant Congress, probably also believes that Tinker Bell's life was saved by all those hands clapping furiously at every performance of Peter Pan. In other words, I contend that the allegation Rodriguez acted alone is a fabrication. A canard. Or to be blunt, a lie.

I, for one, only enjoy fantasy as fiction, and not when it's not being passed off as fact. Don't you?



Display:
And so we wait to see if Rodriguez will be granted immunity before his testimony.

For me, it's a toss up of which is worse; the idea that the 'sessions' that were taped were set up for remote viewing....or that this administration to this day has held the power to immunize itself & its Porter Goss's.

by mainsailset on Wed Jan 16th, 2008 at 10:49:50 AM EST
great diary!!

I have one quibble.  Describing the head of clandestine operations (formerly titled Director of Plans and then Director of Operations) as a 'mid-level' employee is not accurate.  The position is the most important and coveted job in the agency.

Other than that, a really great job.

by BooMan on Wed Jan 16th, 2008 at 11:01:59 AM EST
In my defense, during the Goss regime, everyone but his cronies was mid-level in my view.

A conservative is a man with two perfectly good legs who, however, has never learned how to walk forward. Franklin D. Roosevelt
by Steven D on Wed Jan 16th, 2008 at 11:05:07 AM EST
[ Parent ]
Makes it all the more unbelievable that Rodriquez didn't have access to a direct answer. It's a fairy tale to believe that in Rodriques' 20 years with the company, under what 4 different directors, that he didn't know and utilize every single CYA option possible.


by mainsailset on Wed Jan 16th, 2008 at 11:17:09 AM EST
[ Parent ]
Porter Goss was a CIA agent before he went to Congress. Is anyone surprised here? Regarding the separation between the CIA and the Bush Administration, the CIA, or whatever name you'd give to the CIA and its iterations throughout the military and other agencies, has been the police force for the oligarchy since the 1963 coup. Just like 1953 was about seizing oil fields, so in our debacle in Iraq about seizing oil fields. Propaganda has been addressed at our enemies and at us.

It may be convenient to hang the guilt about destroying the videotapes on a designated fall guy. He can be insulated from punishment by tossing out secrecy regs, etc. No matter, they're so well insulated from the law no one has anything to worry about.

by Bob In Pacifica on Wed Jan 16th, 2008 at 11:05:05 AM EST
Goss was a CIA 'officer' not an 'agent'.  And agent is someone recruited by an officer, or paid on a contract basis.  

The CIA was set up to work for the president, and to lie for the president and protect the president from the law if need be.  In the Bush years their strategy has been to leak the indefensible illegal shit and get it shut down that way.  But they still have a kind of institutional obligation not to rat the president out in a way that has legal implications.

That protects the relationship and trust between the agency and the executive that is kind of essential for the two to work together.  So, yes, I expect the buck to stop at the agency for the destruction of these tapes.  

by BooMan on Wed Jan 16th, 2008 at 11:14:38 AM EST
[ Parent ]


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