Is the torture issue a red herring? The 9/11 Commission was not tasked with investigating interrogation methods or detainee treatment. The commission was tasked with investigating al Qaeda's participation in the 9/11 attack and determining the perpetrators of the terrorist event. There was no reason to withhold from the commission video evidence of confessions implicating al Qaeda and Osama bin Laden.
Was the video evidence withheld from the 9/11 Commission because the alleged participants in the plot did not confess, did not implicate al Qaeda, and did not implicate bin Laden?
There is no reason for the Bush administration to fear the torture issue. The Justice Department's memos have legalized the practice, and Congress has passed legislation, signed by President Bush, giving retroactive protection to US interrogators who tortured detainees. The Military Commissions Act passed in September 2006 and signed by Bush in October 2006 strips detainees of protections provided by the Geneva Conventions: "No alien unlawful enemy combatant subject to trial by military commission under this chapter may invoke the Geneva Conventions as a source of rights." Other provisions of the act strip detainees of speedy trials and of protection against torture and self-incrimination. The law has a provision that retroactively protects torturers against prosecution for war crimes.
Did the Bush administration cleverly take advantage of the torture claims in order to spin the destruction of the CIA video tapes as a "torture story." It is conceivable that the tapes were destroyed because they reveal the absence of confession to the plot. As Kean and Hamilton ask, without evidence how do we know the truth?
Just some food for thought...