Torture Tape Destruction - Violation of Court Order?

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.

Harsh Interrogation Ban Stalled in Senate; DOJ advises CIA to NOT cooperate

LARA JAKES JORDAN at the Associated Press (December 14) has the story on these political machinations:

...Meantime, Senate Republicans blocked a bill Friday that would restrict the CIA's interrogation methods. Already passed by the House, the bill would require the CIA to adhere to the Army's field manual on interrogation, which bans waterboarding, mock executions and other harsh methods.

Senate opponents discovered a parliamentary flaw: The ban on harsh tactics had not been in the original intelligence bills passed by the House and Senate. Instead, it was added during negotiations between the two chambers to write a compromise bill. That move could violate a Senate rule intended to protect legislation from last-minute amendments that neither house of Congress has had time to fully consider.

Although it's not unheard of for new language to be added in House-Senate negotiations, the rules allow such a move to be challenged and the language stripped from the bill. Sen. Lindsay Graham, R-S.C., placed a hold on the bill while the GOP procedural challenge goes forward....

...Additionally, lawmakers from both parties accused the Justice Department of obstructing a House Intelligence Committee inquiry by advising the CIA against cooperating.

"Earlier today, our staff was notified that the Department of Justice has advised CIA not cooperate with our investigation," House Intelligence Chairman Silvestre Reyes, D-Texas, and the panel's top Republican, Rep. Pete Hoekstra of Michigan, said in a joint statement Friday....

...In a letter Thursday to CIA Director Michael Hayden, the House panel asked the CIA to hand over by Friday all documents and cables regarding the interrogation tapes and their destruction. But the Justice Department since has advised the CIA to refuse the request, a committee official said Friday on condition of anonymity because he is not authorized to speak for the committee.

The committee official said the Justice Department asked the panel "to stand back while they do their investigation" — suggesting it will block the testimony of acting CIA General Counsel John Rizzo and Jose Rodriguez, the former head of the National Clandestine Service. Both have been summoned to testify to the committee on Dec. 18. Rodriguez ordered the tapes destroyed.