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On Tuesday, the Senate Judiciary Committee approved the Senate Intelligence Committee’s (SIC) declassified version of its report on the CIA’s secret detention and interrogation program.
In recent weeks, the CIA has disputed some aspects of the report’s finding that waterboarding — the harsh practices used on detainees to simulate drowning, electrocution, and suffering through agonizing suffocation — was unconstitutional. One of the major claims in the CIA’s counterproposal is that the report, which was released in classified form, contained inaccurate information about the waterboarding techniques in addition to misleading statements about their legality. In response, the SIC report on Tuesday included in its declassified version a full and detailed account of the CIA’s counterproposal based on a series of declassified executive summary reports and statements by senior CIA officials. The SIC report, which will be officially released on Friday, presents a much different view of the agency’s position on the use of torture than does the CIA’s summary report — the latter of which is subject to the agency’s Freedom of Information Act (FOIA) review.
In fact, the SIC report includes an expansive narrative of the CIA’s arguments against the report’s declassification and a detailed description of how the counterproposal was drafted. The counterproposal, according to the report, had several key features:
First, the CIA argued that the report violated the agency’s privacy requirements under the Privacy Act because, without admitting to wrongdoing, and without explaining why its interrogations were inappropriate, the Senate committee had used a “technicality” to report that the agency had subjected individuals to torture, while not identifying the specific torturers.
The CIA’s claims were also undercut by the report’s conclusion that the Senate committee’s report “conclusively” concluded the CIA had not tortured detainees
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