One would certainly hope so!
 
B 

CIA admits to recording interrogations of top al Qaida captives


Greg Gordon | McClatchy Newspapers


last updated: November 13, 2007 07:54:30 PM

http://www.mcclatchydc.com/nationalsecurity/v-print/story/21474.html

WASHINGTON - The CIA has three video and audio recordings of interrogations
of senior al Qaida captives but misled federal judges about the evidence
during the case against terrorist Zacarias Moussaoui, federal prosecutors
revealed in a Nov. 9 court filing that was made public Tuesday.

The disclosure is unlikely to undo Moussaoui's conviction because the agency
said the material on the tapes doesn't pertain to his case.

However, the disclosure that the government taped some interrogations of
high-value detainees could invite fresh scrutiny of the CIA's treatment of
so-called "enemy combatants" who were held at secret prisons or U.S. bases
overseas.

John Radsan, a former CIA assistant general counsel who teaches at the
William Mitchell College of Law in St. Paul, Minn., called the revelation of
the tapes "huge" news.

"So far, there has been great mystery about what was actually done to the
high-value detainees," he said. "A videotape is worth a thousand words."

New Attorney General Michael Mukasey's Senate confirmation last week was
threatened for a time by his refusal to declare as illegal an interrogation
tactic known as "waterboarding", in which a suspect is doused with water to
create the sensation of drowning.

The government's letter said that "the CIA came into possession of the three
recordings under unique circumstances involving separate national security
matters," leaving unclear whether the tapes show CIA interrogations or
possibly questioning by agents of another country. At least one senior al
Qaida member, Ibn Sheikh al Libi, reportedly was turned over to Egyptian
authorities for questioning in 2002, but much of what he allegedly confessed
proved to be false.

Prosecutors revealed the existence of the tapes in a letter to Chief Judge
Karen Williams of the 4th U.S. Circuit Court of Appeals in Richmond, Va.,
and to U.S. District Judge Leonie Brinkema of Alexandria, Va., the trial
judge in the tumultuous, 4{-year prosecution of Moussaoui.

In it, they said that the CIA didn't notify them until Sept. 13 that it had
discovered a videotape and the transcript of an interrogation of an
unidentified detainee. Prosecutors said they then asked the CIA to perform
"an exhaustive review" for any other recordings of roughly a half dozen al
Qaida captives whom Moussaoui had sought as defense witnesses, and a second
videotape and a brief audio tape were discovered.

Among the prisoners whose testimony Moussaoui sought were Khalid Sheikh
Mohammed, who allegedly admitted masterminding the 9/11 attacks after he was
waterboarded; Ramzi Binalshibh, a senior al Qaida member who allegedly
coordinated the attacks; and financier Mustafa Ahmed al Hawsawi. Summaries
of statements from those three and several others were read at his trial.

"The fact that audio/video recording of enemy combatant interrogations
occurred, and that the United States was in possession of three of those
recordings is, as noted, inconsistent with factual assertions in CIA
declarations dated May 9, 2003 . . . and November 14, 2005," the prosecutors
wrote.

"When the CIA discovered this material - and it was the CIA that found it -
the agency brought the matter to the attention of the Department of
Justice," CIA spokesman Paul Gimigliano said. He emphasized that "there was
no prejudicial impact on the defendant."

Edward MacMahon, a defense lawyer who represented Moussaoui in his death
penalty trial last year, declined to comment. A new team of defense lawyers
who're handling Moussaoui's attempt to persuade an appellate court to allow
him to withdraw his 2005 guilty plea didn't return calls.

McClatchy Newspapers 2007

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