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August 18, 2010

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CIA tapes of 9/11 plotter's interrogation found

THE CIA has tapes of September 11, 2001, plotter Ramzi Binalshibh being interrogated in a secret overseas prison. Discovered under a desk, the recordings could provide an unparalleled look at how foreign governments aided the United States in holding and questioning suspected terrorists.

The two videotapes and one audiotape are believed to be the only remaining recordings made within the clandestine prison system.

The tapes depict Binalshibh's interrogation sessions at a Moroccan-run facility the Central Intelligence Agency used near Rabat in 2002, several current and former US officials said. They spoke on the condition of anonymity.

When the CIA destroyed its cache of 92 videos of two other al-Qaida operatives, Abu Zubaydah and Abd al-Nashiri, being waterboarded in 2005, officials believed they had wiped away all of the agency's interrogation footage. But in 2007, a staffer discovered a box tucked under a desk in the CIA's Counterterrorism Center and pulled out the Binalshibh tapes.

A Justice Department prosecutor who is already investigating whether destroying the Zubaydah and al-Nashiri tapes was illegal is now also probing why the Binalshibh tapes were never disclosed. Twice, the government told a federal judge they did not exist.

The tapes could complicate US efforts to prosecute Binalshibh, 38, who has been described as a "key facilitator" in the 9/11 attacks. If the tapes surfaced at trial, they could clearly reveal Morocco's role in the counterterrorism program known as Greystone, which authorized the CIA to hold terrorists in secret prisons and shuttle them to other countries.

More significantly to his defense, the tapes also could provide evidence of Binalshibh's mental state within the first months of his capture. In court documents, defense lawyers have been asking for medical records to see whether Binalshibh's years in CIA custody made him mentally unstable. He is being treated for schizophrenia with a potent cocktail of anti-psychotic medications.

With military commissions on hold while the Obama administration figures out what to do with suspected terrorists, Binalshibh has never had a hearing on whether he is mentally fit to stand trial. "If those tapes exist, they would be extremely relevant," said Thomas Durkin, Binalshibh's civilian lawyer.

The CIA first publicly hinted at the existence of the Binalshibh tapes in 2007 in a letter to US District Judge Leonie Brinkema. The government twice denied having such tapes, and recanted once they were discovered. But it blacked out Binalshibh's name from a public copy of the letter.

Moroccan officials did not respond to questions about Binalshibh and his time in Morocco.





 

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