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CIA Director Speaks to Senate Committee

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THE PROGRESSIVE REVIEW - December 13, 2007
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CIA Director Speaks to Senate Committee
By Mark Mazzetti and David Johnston
The New York Times

Washington - Gen. Michael V. Hayden, director of the 
Central Intelligence Agency, distanced himself on Tuesday 
from the decision to record and subsequently destroy 
hundreds of hours of video taken during the interrogations 
of senior Qaeda captives. 

Speaking in public after delivering classified testimony 
before a Senate committee, General Hayden said that the 
decision to record the interrogations in 2002 was made 
under George J. Tenet, then the director of central 
intelligence, and that the destruction of those tapes in 
2005 came under the watch of Porter J. Goss, who succeeded 
Mr. Tenet. 

"There are other people at the agency who know about this 
far better than I," he said after he testified before the 
Senate Intelligence Committee. He had become the agency 
director in May 2006, six months after intelligence 
officials have said the tapes were destroyed. 

Congressional officials said Tuesday that they would 
probably call Mr. Goss and Mr. Tenet before the committee 
as part of its investigation into the matter. 

In a statement to agency employees on Thursday, General 
Hayden indicated that he supported the decision to destroy 
the videos. He did not reiterate that support in his public 
comments on Tuesday, although he did not say the decision 
was wrong. 

Congressional officials said General Hayden tried to 
provide a timeline of events surrounding the destruction 
of the tapes that he had constructed from agency records. 

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Emerging from the meeting, Senator John D. Rockefeller IV, 
the West Virginia Democrat who is chairman of the committee,
called the hearing "useful" but said he still had questions 
about who authorized the destruction of the tapes in 2005 
and why Congress was not told at the time. 

General Hayden, said Thursday that the C.I.A. had informed 
leaders in Congress about the destruction of the videos, 
which documented the interrogations of two suspects, Abu 
Zubaydah and Abd al-Rahim al-Nashiri. But Republicans and 
Democrats have said that they can find no record of any 
formal notification. 

"Trouble arises, as we see with the C.I.A. tape case, 
when intelligence leaders refuse to comply with their 
constitutional duty to keep Congress 'fully and currently' 
informed," said Representative Peter Hoekstra of Michigan, 
the top Republican on the House Intelligence Committee, in 
a statement. 

One Democratic aide said the Senate Intelligence Committee 
also planned to meet with John L. Helgerson, the agency's 
inspector general, to learn more about a joint, preliminary 
investigation of the tapes' destruction that he is conduct-
ing with the Justice Department. 

The aide, who spoke on the condition of anonymity because 
he is not a spokesman for the committee, said members 
did not want to get in the way of what could become an 
investigation that could ultimately lead to criminal 
charges. 

"We have to be very careful not to interfere with their 
ability to bring those charges," he said. 

In an interview with ABC News on Tuesday, President Bush 
said, "It will be interesting to know what the true facts 
are," after the inquiry by the Justice Department and 
C.I.A. inspector general is complete. 

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But lawmakers from both houses showed far less patience. 
The Senate majority leader, Harry Reid of Nevada, delivered 
a blistering indictment of the agency's decision to destroy 
the videos, questioning whether there was a broader cover-
up behind the agency's decision. 

One Democrat on the House Intelligence Committee, Represent-
ative Rush Holt of New Jersey, said the Justice Department 
inquiry was not sufficient and asked that Attorney General 
Michael B. Mukasey appoint an independent counsel in the 
matter. 

Mr. Mukasey indicated that he would probably turn down such 
calls, saying the Justice Department "is capable of doing 
whatever it needs to do." 

During his first news conference as attorney general, 
Mr. Mukasey said Assistant Attorney General Kenneth 
Wainstein, who is leading the investigation, would "go 
wherever the facts lead him." 

Much of the news conference was dominated by questions 
about Mr. Mukasey's views on the harsh interrogation 
technique known as waterboarding, in which a subject is 
made to believe he is being drowned. The issue nearly 
cost Mr. Mukasey his Senate confirmation after he refused 
to say if he considered the technique to be torture. 

He said Tuesday that he still had not decided and that he 
was still reviewing classified legal opinions within the 
Justice Department. 

Government officials have said that during Mr. Zubaydah's 
interrogation sessions, his C.I.A. questioners used tactics 
including noise, stress positions, isolation and water-
boarding. 

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The Justice Department's role in the videotape episode was 
questioned Tuesday by the leaders of the Senate Judiciary 
Committee, who in a letter to Mr. Mukasey asked for a 
complete account of the department's involvement in the 
matter. 

The letter was signed by Senators Patrick J. Leahy, the 
Vermont Democrat who is the chairman, and Arlen Specter of 
Pennsylvania, the committee's senior Republican. It asked 
for responses to several questions that have gone unanswer-
ed by Justice Department officials about whether officials 
viewed the tapes, whether they were ever aware of plans to 
destroy them and when they were first told they had been 
destroyed. 

Elsewhere in Washington, a three-judge panel of the United 
States Court of Appeals for the District of Columbia issued 
an interim order on Tuesday directing the government not 
to destroy any evidence of torture that lawyers for a 
Guantánamo Bay detainee say they believe exists. 

The order came after lawyers for the detainee, Majid Khan, 
filed a request asserting that he had been tortured in 
secret C.I.A. prisons for more than three years before he 
was transferred to Guantánamo last year. 

J. Wells Dixon, one of Mr. Khan's lawyers, said Tuesday 
that he believed the judges would not have issued the order 
"if they did not think there was any risk" that the govern-
ment might destroy evidence of torture. 

--------

Philip Shenon contributed reporting from Washington, and 
William Glaberson from New York. 

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