Support NARA Investigation into CIA Destruction of Torture Records
Recently, the Department of Justice (DOJ) decided to not bring criminal charges against the Central Intelligence Agency (CIA) for the destruction of federal records: videotapes of the torture of detainees at CIA black sites. The destruction of these records is a clear violation of the Federal Records Act, which DOJ should have pursued. The decision to date to give the CIA a free-pass is antithetical to DOJ’s mission to enforce the law of the land, and sends the wrong message to agencies that may have information that, if released, would be embarrassing or reveal illegal activities.
As chronicled by Michael Isikoff for MSNBC.com, the records in question are videotapes that involved "hundreds of hours of material showing the interrogations, including waterboarding, of two 'high value' detainees...CIA officials have said the tapes were destroyed because they were concerned that, if they were ever released, they could subject CIA interrogators to reprisals. But internal emails released earlier this year under a Freedom of Information Act request show that the agency official who ordered the destruction had expressed concerns that if the images were disclosed 'out of context, they would make us look terrible; it would be devastating to us.”'
In a January 21 memorandum on the Freedom of Information Act, President Obama directed Heads of Executive Departments and Agencies that the government “not keep information confidential merely because public officials might be embarrassed by disclosure, because errors and failures might be revealed, or because of speculative or abstract fears.” Surely, the President was not suggesting that potentially embarrassing information should not be withheld, but it can be destroyed. By destroying these records, the CIA denied Americans of the right to fully know and debate actions the government takes in our name, and to hold government accountable for those actions. The CIA’s actions also destroyed evidence that is crucial to ensuring that torture victims have a fair day in court.
Not all of our leaders in the federal government are willing to stand by, though. The National Archives and Records Administration (NARA) launched an early investigation into the issue, which was put on hold for the DOJ. NARA has indicated that they will re-start their investigation in light of DOJ’s failure to take the lead. Join us in thanking NARA for its willingness to demand the CIA answer for its actions, and expressing great hope that DOJ support NARA.
David S. Ferriero
Archivist of the United States
National Archives and Records Administration
700 Pennsylvania Avenue, N.W.
Washington, D.C. 20408
Dear Mr. Ferriero:
As members of the public concerned with transparency and accountability, we are writing to support the re-opening of the National Archives and Records Administration’s (NARA) investigation into the Central Intelligence Agency’s (CIA) destruction of federal records showing the torture of detainees at CIA black sites, and to thank you for your leadership on this issue.
By refusing to give the CIA a free pass, NARA proclaims its role not only as the final repository for our nation’s historical documents, but also as an active curator of federal records. When records are destroyed because they would reveal embarrassing information or illegal activities, the public is denied the right to understand and debate what the federal government is doing in its name, and hold the government accountable for its actions. Furthermore, the destruction of records makes it impossible for historians to someday write the authoritative history of our nation.
The destruction of records in this particular case is especially abhorrent. The records are videotapes showing the interrogations, including waterboarding, of two 'high value' detainees. The CIA’s actions destroyed evidence that is crucial to ensuring that torture victims have a fair day in court.
We are profoundly disappointed that the Department of Justice (DOJ) declined to bring any criminal charges over this blatant violation of the Federal Records Act and destruction of evidence. Failing to enforce the law of the land in this instance sends a message of impunity to agencies that decide to destroy records containing evidence of illegality, mismanagement, corruption, or even fairly benign mistakes. This decision stands in stark contrast to the President’s January 21 memorandum on the Freedom of Information Act (FOIA) directing Heads of Executive Departments and Agencies that the government “not keep information confidential merely because public officials might be embarrassed by disclosure, because errors and failures might be revealed, or because of speculative or abstract fears.” For these reasons, we hope DOJ will fully support your investigation and act on your conclusions.
Thank you, again, for your leadership on this issue.
Sincerely,
Archivist of the United States
National Archives and Records Administration
700 Pennsylvania Avenue, N.W.
Washington, D.C. 20408
Dear Mr. Ferriero:
As members of the public concerned with transparency and accountability, we are writing to support the re-opening of the National Archives and Records Administration’s (NARA) investigation into the Central Intelligence Agency’s (CIA) destruction of federal records showing the torture of detainees at CIA black sites, and to thank you for your leadership on this issue.
By refusing to give the CIA a free pass, NARA proclaims its role not only as the final repository for our nation’s historical documents, but also as an active curator of federal records. When records are destroyed because they would reveal embarrassing information or illegal activities, the public is denied the right to understand and debate what the federal government is doing in its name, and hold the government accountable for its actions. Furthermore, the destruction of records makes it impossible for historians to someday write the authoritative history of our nation.
The destruction of records in this particular case is especially abhorrent. The records are videotapes showing the interrogations, including waterboarding, of two 'high value' detainees. The CIA’s actions destroyed evidence that is crucial to ensuring that torture victims have a fair day in court.
We are profoundly disappointed that the Department of Justice (DOJ) declined to bring any criminal charges over this blatant violation of the Federal Records Act and destruction of evidence. Failing to enforce the law of the land in this instance sends a message of impunity to agencies that decide to destroy records containing evidence of illegality, mismanagement, corruption, or even fairly benign mistakes. This decision stands in stark contrast to the President’s January 21 memorandum on the Freedom of Information Act (FOIA) directing Heads of Executive Departments and Agencies that the government “not keep information confidential merely because public officials might be embarrassed by disclosure, because errors and failures might be revealed, or because of speculative or abstract fears.” For these reasons, we hope DOJ will fully support your investigation and act on your conclusions.
Thank you, again, for your leadership on this issue.
Sincerely,