Chairman Conyers, Reps. Scott, Delahunt and Nadler Write to Mukasey and Hayden on Interrogation Tapes
Full letter to CIA Director Hayden:
December 7, 2007General Michael V. Hayden
Director
Central Intelligence Agency
Washington, DC 20505
Attn: Office of Congressional Affairs
Dear General Hayden:
We are writing with serious concern about published reports in the New York Times and elsewhere, largely confirmed by you, that the CIA destroyed in 2005 at least two videotapes documenting "severe interrogation techniques" used in 2002 against terrorism suspects who had been in the agency's custody. According to the Times article, this destruction occurred "in the midst of Congressional and legal scrutiny" about the CIA's detention and interrogation program. Indeed, the former director and general counsel of the September 11 Commission explained that they had requested such materials but were never even told about the tapes, and that such withholding of evidence sought in fact-finding or criminal investigations could amount to obstruction of justice. Serious questions have similarly been raised about whether the tapes were improperly withheld from the federal court hearing the Zacarias Moussaoui case, which had requested evidence taken from interrogations of CIA prisoners.
These troubling revelations relate directly to our Committee's continuing investigation into the use of torture and severe interrogation methods by our government and the role of the Department of Justice with respect to such activities. Accordingly, we ask that you promptly respond to the following questions:
1. Did the CIA actually destroy the videotapes in 2005 pursuant to the reasons described in the New York Times article and your letter to CIA employees of December 6 ?
2. Is it the CIA's general practice and policy to destroy videotapes with that type of evidentiary value? Please provide copies of any agency policies pursuant to which these videotapes were destroyed and any written materials relating to the destruction.
3. Did the CIA notify the Department of Justice of its intention to destroy the tapes and if so, when? Did the CIA receive a legal opinion from the Department of Justice's Office of Legal Counsel, or any other entity, relating to the destruction of the tapes? Please provide copies of any such written materials.
4. In light of the fact that the September 11 Commission and a federal court requested information regarding these types of materials, why did the CIA decide not to provide information to these two entities concerning the existence or possible and actual destruction of the tapes?
5. When the CIA provided information to Department of Justice lawyers in 2003 and 2005 with respect to the request of the court in the Moussaoui case for evidence taken from interrogations of CIA prisoners, as stated in the Times article, what information concerning the tapes was provided to Department lawyers?
Please provide the requested information and direct any questions to the Judiciary Committee office, 2138 Rayburn House Office Building, Washington, DC 20515 (tel: 202-225-3951; fax: 202-225-7680). We look forward to receiving your answers to these important questions by December 17, 2007. Thank you for your cooperation.
Sincerely,
John Conyers, Jr.
Chairman
Robert C. Scott
Chairman, Subcommittee on Crime, Terrorism and Homeland Security
Jerrold Nadler
Chairman, Subcommittee on the Constitution, Civil Rights and Civil Liberties
William Delahunt
Member, House Committee on the Judiciary
cc: Hon. Lamar S. Smith
Hon. Trent Franks
Hon. Randy Forbes
Hon. Silvestre Reyes
Hon. Peter Hoekstra
Hon. Brian Benczkowski
Chris Walker
Full letter to Attorney General Mukasey:
December 7, 2007The Honorable Michael Mukasey
Attorney General of the United States
U.S. Department of Justice
950 Pennsylvania Ave., NW
Washington, DC 20530
Dear Mr. Attorney General:
We are writing with serious concern about published reports in the New York Times and elsewhere, largely confirmed by CIA Director Michael Hayden, that the CIA destroyed in 2005 at least two videotapes documenting "severe interrogation techniques" used in 2002 against terrorism suspects who had been in the agency's custody. According to the Times article, this destruction occurred "in the midst of Congressional and legal scrutiny" about the CIA's detention and interrogation program. Indeed, the former director and general counsel of the September 11 Commission explained that they had requested such materials but were never even told about the tapes, and that such withholding of evidence sought in fact-finding or criminal investigations could amount to obstruction of justice. Serious questions have similarly been raised about whether the tapes were improperly withheld from the federal court hearing the Zacarias Moussaoui case, which had requested evidence taken from interrogations of CIA prisoners.
These troubling revelations relate directly to our Committee's continuing investigation into the use of torture and severe interrogation methods by our government and the role of the Department of Justice with respect to such activities. Accordingly, we ask that you promptly respond to the following questions:
1. Prior to the CIA's statement to employees concerning the destruction of the videotapes this week, was anyone in the Department of Justice aware of the previous existence, plans to destroy, or destruction of the videotapes? Please explain.
2. Did the CIA notify the Department of Justice of its intention to destroy the tapes and if so, when? Did the CIA receive a legal opinion from the Department of Justice's Office of Legal Counsel, or any other entity, relating to the destruction of the tapes? Please provide copies of any such written materials.
3. When the CIA provided information to Department of Justice lawyers in 2003 and 2005 with respect to the request of the court in the Moussaoui case for evidence taken from interrogations of CIA prisoners, as stated in the Times article, what information concerning the tapes was provided to Department lawyers? To the extent that any such information was provided, please explain what information was and was not provided to the Moussaoui court, state why the Department decided to provide or not provide such information, and provide copies of any relevant materials, including but not limited to submissions to the court.
4. In light of the concerns about possible obstruction of justice relating to the destruction of the tapes, is the Department planning to investigate this matter?
Please provide the requested information and direct any questions to the Judiciary Committee office, 2138 Rayburn House Office Building, Washington, DC 20515 (tel: 202-225-3951; fax: 202-225-7680). We look forward to receiving your answers to these important questions by December 17, 2007. Thank you for your cooperation.
Sincerely,
John Conyers, Jr.
Chairman
Robert C. Scott
Chairman, Subcommittee on Crime, Terrorism and Homeland Security
Jerrold Nadler
Chairman, Subcommittee on the Constitution, Civil Rights and Civil Liberties
William Delahunt
Member, House Committee on the Judiciary
cc: Hon. Lamar S. Smith
Hon. Trent Franks
Hon. Randy Forbes
Hon. Silvestre Reyes
Hon. Peter Hoekstra
Hon. Brian Benczkowski
Chris Walker