October 2, 2002 - “Jonathan Fredman, who was chief counsel to the CIA’s CounterTerrorist Center, attended a meeting of GTMO staff. […] [His] advice to GTMO on applicable legal obligations was similar to the analysis of those obligations in OLC’s first Bybee [August 1, 2002] memo. […] ‘“It is basically subject to perception. If the detainee dies you’re doing it wrong.”’” (DD) [16] Minutes of this meeting quote Lieutenant Colonel Diane Beaver (JAG) as saying: “We may need to curb the harsher operations while ICRC is around. […] It is better not to expose them to any controversial techniques…. This would draw a lot of negative attention.” [92] For meeting minutes and some commentary, see [96] The participants talk about al-Qahtani [#063], who has been in custody since February 2002, “recalling how he responded to certain types of deprivation and psychological stressors.” According to Fredman, “the DoJ has provided much guidance on this issue [sleep deprivation at Bagram and how they deal with ICRC “scrutiny” by “ghosting” detainees.] He also asserts that “the language of the statutes [against torture] is ‘vague’; and admits that DoD works with CIA to “ghost” detainees. [96] See second Bybee memo of August 1, 2002 and memo of Late Fall 2001 from DoJ to CIA. Also discussed in the meeting is whether or not to video tape the aggressive sessions. See October 11, 2002. In May 2003, the CIA OIG reviewed interrogation videotapes. On March 2, 2009 it is revealed that ninety-two of these videotapes had been destroyed.

Becker [DIA]: Videotapes are subject to too much scrutiny in court. We don't want the LEA [Law Enforcement Agencies] people in aggressive sessions anyway.

LTC Beaver [Staff JA at GTMO]: LEA choice not to participate in these types of interrogations is more ethical and moral as opposed to legal.

Fredman [Chief Counsel, CIA Counter Terrorist Center]: The videotaping of even totally legal techniques will look "ugly". [96]

May 2003-CIA “Office of Inspector General reviewed the videotapes” of detainee interrogations. See May 7, 2004. [54] On March 2, 2009, a letter to the judge overseeing FOIA litigation reveals that ninety-two CIA interrogation video tapes were destroyed, and that this information is included in the CIA Office of Inspector General’s Special Review Report [111]

May 7, 2004 - CIA Office of Inspector General [John Helgerson] issues the report on its review of CIA “Counterterrorism, Detention and Interrogation Activities, September 2001-October 2003” [54] Jane Mayer says: “[Helgerson] was “called in by Cheney to discuss his tough report […] proving that Cheney knew even then of the allegations […] The report had been described as very disturbing and full of terrible descriptions of mistreatment.” Scott Horton: “it appears as a result of these [Helgerson/Cheney] meetings the IG’s report was simply shut down” [55] and “All the indicators are that the CIA’s inspector general found that the extraordinary renditions program was unlawful and he demanded accounting for it. […]Freeing up the inspector general to finish his review and render a final report would be an obvious next step.” [58] For Richard Clarke’s views on Rendition see [59] On March 2, 2009, a letter to the judge overseeing FOIA litigation reveals that ninety-two CIA interrogation video tapes were destroyed, and that this information is included in the CIA Office of Inspector General’s Special Review Report [111]

March 2, 2009-In a letter to the federal judge overseeing Freedom of Information Act litigation in New York, Acting U.S. Attorney Lev Dassin writes: “The CIA can now identify [that] ninety-two [interrogation] videotapes were destroyed. This information is included in the CIA Office of Inspector General’s Special Review Report. […] The CIA will unredact this information […]” [111] See May 2003 and May 7, 2004.

Sources at:

http://www.webdsi.com/jebbie/tlpage44.html

and:

[111] Letter revealing number of destroyed CIA interrogation tapes, 3/2/09 http://www.aclu.org/pdfs/safefree/lettertohellerstein_ciainterrogationtapes.pdf