E. In Response to Detainee Treatment Act, the CIA Briefs Senators Not on the Committee; Proposal from Senator Levin for an Independent Commission Prompts Renewed Calls Within the CIA to Destroy Interrogation Videotapes

¶[Redacted] in October and November 2005, after the Senate passed its version of the Detainee Treatment Act, the CIA, directed by the Office of the Vice President, briefed specific Republican senators, who were not on the Select Committee on Intelligence, on the CIA's Detention and Interrogation Program. (The full membership of the Committee had not yet been briefed on the CIA interrogation program.)²⁴⁸²²⁴⁸² According to an email from John Rizzo, the subject of one such meeting was "how th^urrenMjersioi^f [Redacted] [Redacted] McCain potentially undercuts our legal position." (See email from: John A. Rizzo; to: [Redacted] cc: [REDACTED], [REDACTED], [Redacted] [REDACTED], [REDACTED], [REDACTED], [REDACTED], [REDACTED]; subject: IMMEDIATE HEADS UP: VP Meeting with Appropriations Committee Leadership Tomorrow re McCain Amendment; date: October 17, 2005, at 10:49:39 AM; email from: John Rizzo; to: [Redacted] c c IREDACTED], [REDACTED], [REDACTED], [REDACTED], [REDACTED], [REDACTED], [REDACTED], [Redacted] [REDACTED], [REDACTED], [REDACTED], [REDACTED], [Redacted] [REDACTED], [REDACTED]; subject: Re: IMMEDIATE: Re: Sen. Frist req for briefing on impact of McCain Amendment; date: October 31, 2005, at 10:53:16 AM.Show full note The briefings, which were intended to influence conference negotiations,²⁴⁸³²⁴⁸³ [Redacted] [Redacted] "3 Email from: John A. Rizzo; to: [Redacted] cc: [REDACTED], [REDACTED], [Redacted] [REDACTED], [REDACTED], [REDACTED], [REDACTED], [REDACTED]; subject: IMMEDIATE HEADS UP: VP Meeting with Appropriations Committee Leadership Tomorrow re McCain Amendment; date: October 17, 2005, at 10:49:39 AM. were provided to Senator McCain;²⁴⁸⁴²⁴⁸⁴ [Redacted] Email from: John Rizzo; to: cc: f RED ACTE[Redacted]], [REDACTED], [REDACTED], [REDACTED], [REDACTED], [REDACTED], , [REDACTED], [REDACTED], [REDACTED], [REDACTED], [Redacted] [REDACTED], [REDACTED]; subject: Re: 1MMED[Redacted] Re: Sen. Frist req for briefing on impact of McCain Amendment; date: October 31, 2005, at 10:53:16 AM; Talking Points for OVP Sponsored Meeting with Sen McCain; Impact of McCain Amendment on Legal Basis for CTC's HVD Detention and Interrogation Program, 20 October 2005.Show full note Senators Ted Stevens and Thad Cochran, the chairmen of the Appropriations Committee and Defense Appropriations Subcommittee;²⁴⁸⁵²⁴⁸⁵ [Redacted] Email from: John Rizzo; to: cc: [REDACTED], [REDACTED], [REDACTED], [REDACTED], IREDACTED1, fREDACTED], [REDACTED], [Redacted] [REDACTED], [REDACTED], [REDACTED], [REDACTED], [Redacted] [REDACTED], [REDACTED]; subject: Re: IMMEDIATE: Re: Sen Frist req for briefing on impact of McCain Amendment; date: October 31,2005, at 10:53:16 AM. Majority Leader Bill Frist;²⁴⁸⁶²⁴⁸⁶ [Redacted] Email from: John Rizzo; cc: [REDACTED], fREDACTED], [REDACTED], [REDACTED], fREDACTED!, [REDACTED 1, [REDACTED], [Redacted] [REDACTED], [REDACTED], [REDACTED], [REDACTED], [Redacted] [REDACTED], [REDACTED]; subject: Re: IMMEDIATE: Re: Sen Frist req for briefing on impact of McCain Amendment; date: October 31, 2005, at 10:53:16 AM; email from: John A. Rizzo; to: David R. Shedd; cc: [REDACTED]; subject: Re: BRIEF READOUT: 31 OCT FRIST BRIEFING; date: November 1,2005, at 2:53:40 PM. _ Email from: John A. Rizzo; to: [REDACTED]; cc: [Redacted] [REDACTED], [REDACTED], [Redacted] [Redacted] [REDACTED]; subject: Re: Senator Cornyn; date: November 30,2005, at 12:50:11 PM.Show full note and Senator John Cornyn (CIA records state that Cornyn was not briefed on the CIA's specific interrogation techniques).2487 Meanwhile, a proposal from Senator Carl Levin to establish an independent commission to investigate U.S. detention policies and allegations of detainee abuse resulted in concern at the CIA that such a commission would lead to thc discovery of videotapes documenting CIA interrogations. That concern prompted renewed interest at the CIA to destroy the videotapes.²⁴⁸⁸²⁴⁸⁸ On October 31, 2005, John Rizzo wrote an email stating that "Sen. Levin's legislative proposal for a 9/11-type outside Commission to be established on d e t a i n e e s s e e m ^ o b e g a h ^ which obviously would serve

444

¶Senator Levin's amendment to establish the commission failed on November 8, 2005.²⁴⁸⁹²⁴⁸⁹ See Senate Roll Call Vote #00309, November 8, 2005, 5:37pm, on Amendment #2430. The CIA destroyed the CIA interrogation videotapes the following day.²⁴⁹⁰²⁴⁹⁰ [REDACTED] 27089 (090627Z NOV 05)