President Trump’s personal attorney Michael D. Cohen sometimes taped conversations with associates, according to three people familiar with his practice, and allies of the president are worried that the recordings were seized by federal investigators in a raid of Cohen’s office and residences this week.
.. Investigators were also looking for any records related to adult-film star Stormy Daniels and ex-Playboy model Karen McDougal, who both received payments after alleged affairs with Trump.
.. Legal experts said Cohen’s taped conversations would be viewed by prosecutors as highly valuable.
“If you are looking for evidence, you can’t do any better than people talking on tape,” said Nick Akerman, a former Watergate prosecutor.
Such recordings “would be considered a gold mine,” said Stephen Gillers, a law professor at New York University who specializes in legal ethics.
“The significance is 9.5 to 10 on a 10-point scale,” he added, noting that investigators know “that when people speak on the phone, they are not guarded. They don’t imagine that the conversation will surface.”
Federal investigators would not automatically get access to any tapes that might have been seized in the raids. First, the recordings would be reviewed by a separate Justice Department team and possibly by a federal judge.
.. Cohen wanted his business calls on tape so he could use them later as leverage, one person said. Cohen frequently noted that under New York law, only one party had to consent to the taping of a conversation, this person added.
During the 2016 race, Cohen — who did not have a formal role on the campaign — had a reputation among campaign staff as someone to avoid, in part because he was believed to be secretly taping conversations... One outside Trump adviser said Cohen may have begun recording his conversations in an attempt to emulate his boss, who has long boasted — often with no evidence — about secretly taping private conversations.
.. “Back in the early 2000s, Trump used to tell me all the time that he was recording me when I covered him as reporter for the New York Times,” O’Brien wrote.
.. But after Trump sued him for libel shortly after his biography came out, O’Brien’s lawyers deposed Trump in December 2007 — during which Trump admitted he had not, in fact, clandestinely taped O’Brien.
“I’m not equipped to tape-record,” Trump said in the deposition. “I may have said it once or twice to him just to — on the telephone, because everything I said to him he’d write incorrectly; so just to try and keep it honest.”
Stormy Daniels, Trump’s Unlikely Foe, Is ‘Not Someone to Be Underestimated’
Is it possible that someone who writes, directs, and produces films has some small knowledge of the use and operation of audio and video recording equipment?
And the movie business, being the movie business, some might want a record of interactions in case recollections do not coincide.
Interrogation of Abu Zubaydah
Beginning in August 2002, Abu Zubaydah was the first prisoner to undergo “enhanced interrogation techniques.” Since the Spanish Inquisition, these practices have been characterized as torture.[1][2] There is disagreement among government sources as to how effective these techniques were; some officials contend that Abu Zubaydah gave his most valuable information before they were used; CIA lawyer John Rizzo said he gave more material afterward.[3]
.. Since 2006, Abu Zubaydah has been held at the Guantanamo Bay detention camp. While in CIA custody, Zubaydah lost his left eye.[4]
.. Although President George W. Bush claimed in 2006 three examples of intelligence derived from the torture of Abu Zubaydah by the CIA, which he said showed that it was justified, later reporting has established that the prisoner gave two of the names under conventional interrogation by the FBI, and intelligence analysts already had leads from other sources to the third person.[1]
.. Ali Soufan stated that “[w]e kept him alive. It wasn’t easy, he couldn’t drink, he had a fever. I was holding ice to his lips.”[6] The agents attempted to convince Abu Zubaydah that they knew of his activities in languages he understood: English and Arabic.[7][8] Both agents believed they were making good progress in gathering intelligence from Abu Zubaydah.[1][9]
.. During these sessions, Abu Zubaydah revealed that Khalid Sheikh Mohammed, known as “Mukhtar” to Abu Zubaydah, was the mastermind of the 9/11 attacks[10] and that American José Padilla had wanted to use a “dirty bomb” in a terror attack.[1][5][6][7].. When the CIA interrogation team arrived a week or two later than the FBI team,[10] they concluded that Abu Zubaydah was holding back information and that harsher techniques were necessary.[5][7][9] The CIA team was led by CIA contractor and former Air Force psychologist James Elmer Mitchell.[6][11] Mitchell ordered that Abu Zubaydah answer questions or face a gradual increase in aggressive techniques.[6.. In 2009 Soufan testified before Congress that his FBI team was removed from Abu Zubaydah’s interrogation multiple times, only to be asked to return when the harsher interrogation tactics of the CIA proved unsuccessful.[12]Ali Soufan was alarmed by the early CIA tactics, such as enforced nudity, cold temperatures, and blaring loud rock music in Zubaydah’s cell.[1][6] Soufan reported to his FBI superiors that the CIA’s interrogation constituted “borderline torture.”[8] He was particularly concerned about a coffin-like box he discovered that had been built by the CIA interrogation team.[6] He was so angry he called the FBI assistant director for counterterrorism, Pasquale D’Amaro, and shouted, “I swear to God, I’m going to arrest these guys!”[1][6] Afterward, both FBI agents were ordered to leave the facility by FBI Director Robert Mueller.[6][8][13] Ali Soufan left, but Steve Gaudin stayed an additional few weeks and continued to participate in the interrogation.[8].. “We were able to get the information about Khalid Sheikh Mohammed in a couple of days. We didn’t have to do any of this [torture]. We could have done this the right way.”[6].. Rohan Gunaratna, an al-Qaida expert and a government witness in the José Padilla case, said that “most of the information that was exceptionally useful to the fight against al-Qaida came from Abu Zubaydah, and it came before the U.S. government decided to use enhanced techniques.. Dan Coleman, a retired FBI official and al Qaida expert, commented that after the CIA’s use of coercive methods, “I don’t have confidence in anything he says, because once you go down that road, everything you say is tainted. He was talking before they did that to him, but they didn’t believe him. The problem is they didn’t realize he didn’t know all that much.”[9].. Defenders of these techniques have claimed that they got Abu Zubaydah to give up information leading to the capture of Ramzi bin al-Shibh, a top aide to Khalid Shaikh Mohammed, and Mr. Padilla. This is false. The information that led to Mr. Shibh’s capture came primarily from a different terrorist operative who was interviewed using traditional methods. As for Mr. Padilla, the dates just don’t add up: the harsh techniques were approved in the memo of August 2002, Mr. Padilla had been arrested that May.[13].. The SERE program was originally designed as defensive in nature and was used to train American pilots and other soldiers how to resist harsh interrogation techniques and torture if they fell into enemy hands.[1][18] The program subjected U.S. military trainees to techniques such as “waterboarding . . . sleep deprivation, isolation, exposure to extreme temperatures, enclosure in tiny spaces, bombardment with agonizing sounds at extremely damaging decibel levels, and religious and sexual humiliation.”[22] For the CIA, Mitchell and Jessen adapted SERE into an offensive program designed to train CIA agents and contractors on how to use the harsh interrogation techniques or torture to get information from prisoners.. All of the tactics listed above were later reported by the International Committee of the Red Cross as having been used on Abu Zubaydah.. Mitchell and Jessen relied heavily on experiments done by the American psychologist Martin Seligman in the 1970s known as “learned helplessness... Mitchell believed that Zubaydah must be treated “like a dog in a cage.”[1] He said the interrogation “was like an experiment, when you apply electric shocks to a caged dog, after a while, he’s so diminished, he can’t resist.”[1].. the Washington Post reported in 2009 that “not a single significant plot was foiled as a result of Abu Zubaida’s tortured confessions.. A former intelligence official stated “[w]e spent millions of dollars chasing false alarms.”[27] Ron Suskind said, “we tortured an insane man and ran screaming at every word he uttered.”.. Abu Zubaydah claims he lied under interrogation to prevent further torture.[29]Some of the various false leads he provided are the following:
- Al Qaeda planned on blowing up “soft targets” such as apartment buildings, supermarkets, and shopping malls.[30]
- Attacks could occur against the Statue of Liberty and the Brooklyn Bridge.[31]
- There were plots against banks in the Northeastern United States.[32]
- There was going to be a nerve gas attack on a major U.S. subway system sometime around July 4.[33]
- Al Qaeda plotted to detonate a jacket full of explosives on a civilian airliner and that the planners had used their own metal and explosive detectors to figure out how to successfully accomplish the mission.[34]
- Al Qaeda knew how to build and smuggle a dirty bomb into the United States.[35] Abu Zubaydah later retracted this allegation.[36]
.. George Tennet who was so impressed that he initially ordered us to be congratulated. That was apparently quickly withdrawn as soon as Mr. Tennet was told that it was FBI agents, who were responsible.
.. Immediately, on the instructions of the contractor, harsh techniques were introduced, starting with nudity. (The harsher techniques mentioned in the memos were not introduced or even discussed at this point.) The new techniques did not produce results as Abu Zubaydah shut down and stopped talking. At that time nudity and low-level sleep deprivation (between 24 and 48 hours) was being used.
.. After a few days of getting no information, and after repeated inquiries from DC asking why all of sudden no information was being transmitted (when before there had been a steady stream), we again were given control of the interrogation. We then returned to using the Informed Interrogation Approach. Within a few hours, Abu Zubaydah again started talking and gave us important actionable intelligence. This included the details of Jose Padilla, the so-called “dirty bomber.”
.. The tapes were destroyed on November 9, 2005.[38] When this became public in 2007, the CIA Director at that time, Michael Hayden, asserted that the continued existence of the tapes had represented a risk to the CIA personnel involved.[39] He asserted that if the tapes had been leaked, they might cause the CIA personnel to be identified and targeted for retaliation.[40]
New C.I.A. Deputy Director, Gina Haspel, Had Leading Role in Torture
As a clandestine officer at the Central Intelligence Agency in 2002, Gina Haspel oversaw the torture of two terrorism suspects and later took part in an order to destroy videotapes documenting their brutal interrogations at a secret prison in Thailand.
.. On Thursday, Ms. Haspel was named the deputy director of the C.I.A.
.. the C.I.A. was a rare public signal of how, under the Trump administration, the agency is being led by officials who appear to take a far kinder view of one of its darker chapters than their immediate predecessors.
.. But President Trump has said repeatedly that he thinks torture works. And the new C.I.A. chief, Mike Pompeo, has said that waterboarding and other techniques do not even constitute torture, and praised as “patriots” those who used such methods in the early days of the fight against Al Qaeda.
.. The C.I.A.’s first overseas detention site was in Thailand. It was run by Ms. Haspel, who oversaw the brutal interrogations of two detainees, Abu Zubaydah and Abd al-Rahim al-Nashiri.
.. Mr. Zubaydah alone was waterboarded 83 times in a single month, had his head repeatedly slammed into walls and endured other harsh methods before interrogators decided he had no useful information to provide.
.. The sessions were videotaped and the recordings stored in a safe at the C.I.A. station in Thailand until 2005, when they were ordered destroyed. By then, Ms. Haspel was serving at C.I.A. headquarters, and it was her name that was on the cable carrying the destruction orders.
.. The list notably included prominent Obama administration officials, such as James R. Clapper Jr., the former director of national intelligence (“very pleased”), and Michael J. Morell, who twice served as the C.I.A.’s acting director (“I applaud the appointment”).
.. Mr. Pompeo’s decision to elevate Ms. Haspel is also likely to be seen by the C.I.A.’s rank-and-file as a vote of confidence in their work from their new director, despite Mr. Trump’s dismissal of the intelligence community throughout his campaign and in the months between his election and inauguration.
.. The open disdain with which Mr. Trump mocked the C.I.A., especially after intelligence agencies said they believed that Russia had tried to swing the election in his favor, had raised concerns at the agency of a repeat of the unhappy tenure of a former director, Porter J. Goss.