Richard B. Schmitt of the Los Angeles Times (repost on CommonDreams) has the latest on the evolving case of the CIA's destruction of the torture tapes:
Over the objections of the Justice Department, a federal judge said Tuesday he would explore whether the U.S. had violated a court order to preserve evidence when the CIA destroyed videotaped interrogations of two terrorism suspects in 2005.
U.S. District Judge Henry H. Kennedy Jr. set a hearing for Friday in Washington in response to a request from Yemeni prisoners who are challenging their detention by the U.S. at the military prison at Guantanamo Bay, Cuba.......The tapes were destroyed by a CIA official in November 2005, at a time of growing congressional and public concern about U.S. tactics in the war on terrorism, including interrogation techniques.
It was also five months after Kennedy, in the case of the Yemeni prisoners, issued an order requiring that the U.S. preserve and maintain “all evidence and information regarding the torture, mistreatment and abuse of detainees now” at Guantanamo Bay....
...Destroying evidence relevant to a legislative or judicial proceeding could constitute obstruction of justice....
The Seattle Post-Intelligencer Editorial Board remarks:
... On Wednesday, The New York Times reported a story (the White House has consistently refused to comment), telling us that no fewer than four of President Bush's lawyers (including Lawyer of the Year Alberto Gonzales) were in on the talks on what to do with the tapes.
Yet, we're expected to trust the Justice Department to investigate itself even as it asks Congress to back off plans for an immediate hearing. We agree with Georgetown law professor Jonathan Turley, who says he's "seen more reputable conduct from mob attorneys." There's no way Congress should postpone a hearing.
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