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IPFS News Link • Torture
Court Rules That the Government Can Hide Its Own Report on CIA Torture
• https://reason.com, Matthew PettiThe government investigated itself—and you're not allowed to see the results. On Monday, the U.S. Court of Appeals for the 2nd Circuit ruled that the Freedom of Information Act (FOIA) doesn't apply to the Senate's 2012 report on CIA torture programs. The decision blocks off an avenue to find out what's in the 6,700-page paper, which the CIA has fought to keep under wraps for more than a decade.
The ruling comes after a small victory for transparency. On Friday, defense lawyers at the Guantanamo Bay military tribunal were allowed to release a photo of their defendant handcuffed and nude at a CIA black site in 2004. Defense lawyers have mentioned the existence of disturbing photos from black sites, but because almost all evidence at the Guantanamo trials is classified, they have never been able to release these photos to the public.
Over the weekend, Secretary of Defense Lloyd Austin canceled military prosecutors' controversial plea deal for three accused Al Qaeda members. Their cases may go to trial—which would allow lawyers to uncover more evidence related to the CIA torture program.
The Senate investigation had been prompted by past CIA attempts to cover its tracks. After learning that the CIA had destroyed tapes of prisoners being tortured, the Senate Select Committee on Intelligence began an investigation into the CIA's entire interrogation program. (CIA officer Gina Haspel, who helped destroy the tapes and had personally watched torture sessions, later became CIA director during the Trump administration.)
By 2012, staffers had dug up reams of evidence on CIA malfeasance. They reported not only the specific torture methods, but also that the CIA had tortured innocent people (including a mentally challenged man and two of the agency's own informants), that CIA leaders had lied to the public and Congress about the program, and that much of the intelligence gained under torture was useless or worse.