Case of CIA tapes looks to be headed for inconclusive end

The case of destroyed CIA tapes of alleged gross abuse of detainees held by the U.S. is nearing its close, according to The Washington Post.

Assistant U.S. Attorney John H. Durham, who is leading the investigation, recently bestowed immunity from prosecution on a CIA lawyer who reviewed the tapes years before they were destroyed to determine whether they diverged from written records about the interrogations, two sources familiar with the case said. That could signal that the case is reaching its final stages. Durham has been spotted at Justice Department headquarters in Washington over the past few weeks, in another signal that his work is intensifying.

The agency lawyer, John McPherson, could appear before a grand jury later this month or in April, according to the sources, who spoke on the condition of anonymity because the investigation continues. CIA lawyers have been essential to understanding the episode because they offered advice to agency personnel about handling the tapes, and whether they should have been included when agency records were turned over in other court cases. McPherson is not thought to be under criminal jeopardy but had previously hesitated to testify, the sources said.

Emptywheel's bmaz doesn't see much coming from this entire exercise:

If the reporting is accurate, there are several things of interest here. First off, there is little, if any, accountability in the offing. False statements against a secondary official giving closed door testimony is not going to take us rule of law adherents where we want to go. And if this official is indeed covert, the odds of charges really being pursued are not very good; not to mention that any prosecution, even if it were pursued, would be fastidiously kept narrow and constrained by CIPA procedures. I find very little hope for anything useful here.

One curious passage in the story relates to the defense agency officials are claiming for scrubbing the evidence: security (of course....).

Durham and a special team have gathered and pored over sensitive documents to determine whether destruction of the tapes constituted a crime. Agency officials say the motive was innocent: After the emergence of widely reviled images of detainee abuse at the Abu Ghraib prison in Iraq, CIA veterans feared that the disclosure could compromise their security. Investigators, however, have been probing whether the tapes were destroyed in anticipation of a congressional or federal investigation, which could violate obstruction of justice laws.

So if (or when) nothing is done to hold those accountable for these tapes' disappearance, is security going to be the reason? And what can't be done in the name of security now? For instance, this is the age of a litany of Bush/Obama state secrets claims, the effort to conceal detainee photos (now a Democratic team effort led by Joe Lieberman, wiretapping, torture, the list goes on. What's the line here?

The U.S. may not have a threshold for responsibility, but President Obama believes Indonesia does. Obama's accountability-free mantra is "look forward, not backward" when confronted by America's post-9/11 detainee/war policies, but not when it comes to Indonesia's human rights abuses. Per Glenn Greenwald:

In 2008, Indonesia empowered a national commission to investigate human rights abuses committed by its own government under the U.S.-backed Suharto regime "in an attempt to finally bring the perpetrators to justice," and Obama was asked in this interview: "Is your administration satisfied with the resolution of the past human rights abuses in Indonesia?" He replied:

We have to acknowledge that those past human rights abuses existed. We can't go forward without looking backwards . . . .

(Emphasis mine)

That's convenient. What is good for me is not for thee.