Senate report on CIA torture is one step closer to disappearing

The CIA allegedly tortured two terror suspects, Abu Zubaydah and Abd al-Rahim al-Nashiri, in its secret facility in Poland. Shown here in this 2005 photo is a watchtower near the Polish intelligence school just outside of Stare Kiejkuty, Poland. (Photo: Czarek Sokolowski/AP)
The CIA allegedly tortured two terror suspects, Abu Zubaydah and Abd al-Rahim al-Nashiri, in its secret facility in Poland. Shown here in this 2005 photo is a watchtower near the Polish intelligence school just outside of Stare Kiejkuty, Poland. (Photo: Czarek Sokolowski/AP)

While another copy of the report exists elsewhere at the CIA, the erasure of the controversial document by the office charged with policing agency conduct has alarmed the U.S. senator who oversaw the torture investigation and reignited a behind-the-scenes battle over whether the full unabridged report should ever be released, according to multiple intelligence community sources familiar with the incident.

The deletion of the document has been portrayed by agency officials to Senate investigators as an “inadvertent” foul-up by the inspector general. In what one intelligence community source described as a series of errors straight “out of the Keystone Cops,” CIA inspector general officials deleted an uploaded computer file with the report and then accidentally destroyed a disk that also contained the document, filled with thousands of secret files about the CIA’s use of “enhanced” interrogation methods.

“It’s breathtaking that this could have happened, especially in the inspector general’s office — they’re the ones that are supposed to be providing accountability within the agency itself,” said Douglas Cox, a City University of New York School of Law professor who specializes in tracking the preservation of federal records. “It makes you wonder what was going on over there?”

The incident was privately disclosed to the Senate Intelligence Committee and the Justice Department last summer, the sources said. But the destruction of a copy of the sensitive report has never been made public. Nor was it reported to the federal judge who, at the time, was overseeing a lawsuit seeking access to the still classified document under the Freedom of Information Act, according to a review of court files in the case.

A CIA spokesman, while not publicly commenting on the circumstances of the erasure, emphasized that another unopened computer disk with the full report has been, and still is, locked in a vault at agency headquarters. “I can assure you that the CIA has retained a copy,” wrote Dean Boyd, the agency’s chief of public affairs, in an email.

The 6,700-page report, the product of years of work by the Senate Intelligence Committee, contains meticulous details, including original CIA cables and memos, on the agency’s use of waterboarding, sleep deprivation and other aggressive interrogation methods at “black site” prisons overseas. A 500-page executive summary was released in December 2014 by Democratic Sen. Dianne Feinstein, the committee’s outgoing chair. It concluded that the CIA’s interrogations were far more brutal than the agency had publicly acknowledged and produced often unreliable intelligence. The findings drew sharp dissents from Republicans on the panel and from four former CIA directors.

But the full three-volume report, which formed the basis for the executive summary, has never been released. In light of a U.S. Court of Appeals ruling last week that the document is not subject to the Freedom of Information Act, there are new questions about whether it will ever be made public, or even be preserved.

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