Court Told: Don't "Interfere" In Tape Case
The administration of U.S. President George W. Bush has told a federal judge it was not obligated to preserve videotapes of CIA interrogations of suspected terrorists and urged the court not to look into the tapes' destruction.
In court documents filed Friday night, government lawyers told U.S. District Judge Henry H. Kennedy that demanding information about the tapes would interfere with current investigations by Congress and the Justice Department.
It is the first time the government has addressed the issue of the videotapes in court.
Kennedy ordered the Bush administration in June 2005 to safeguard "all evidence and information regarding the torture, mistreatment, and abuse of detainees now at the United States Naval Base at Guantanamo Bay."
Five months later, the CIA destroyed the interrogation videos.
Government lawyers told Kennedy the tapes were not covered by his court order because Abu Zubaydah and Abd al-Rahim al-Nashiri - the suspected terrorists whose interrogations were videotaped and then destroyed - were not at the Guantanamo military prison in Cuba.
The men were being held overseas in a network of secret CIA prisons. By the time Bush acknowledged the existence of those prisons and the prisoners were transferred to Guantanamo, the tapes had been destroyed.
In court documents, acting Assistant Attorney General Jeffrey S. Bucholtz was concerned that Kennedy might order CIA officials to testify about the tapes. Bucholtz said that "could potentially complicate the ongoing efforts to arrive at a full factual understanding of the matter."
The administration has taken a similar strategy in its dealings with Congress on the issue. On Friday, the Justice Department urged Congress to hold off on questioning witnesses and demanding documents because that evidence is part of a joint CIA-Justice Department investigation.
Attorney General Michael Mukasey on Friday refused to give Congress details of the government's investigation into the matter, saying that doing so could raise questions about whether the inquiry was vulnerable to political pressure.
Even if Kennedy accepts the argument that the government did not violate his order, he still could demand a hearing. He could raise questions about obstruction or spoliation, a legal term for the destruction of evidence in "pending or reasonably foreseeable litigation."
Zubaydah was the first high-value detainee taken by the CIA in 2002. He told his interrogators about alleged Sept. 11, 2001, accomplice Ramzi Binalshibh, and the two men's confessions also led to the capture of Khalid Sheikh Mohammed, who the U.S. government said was the mastermind behind the terrorist attacks.
Al-Nashiri is the alleged coordinator of the 2000 suicide attack on the USS Cole in Yemen, which killed 17 sailors. Like Zubaydah, he is now at Guantanamo.
David Remes, a lawyer who represents a Yemeni national and other detainees, has called for a court hearing. He says the government was obligated to keep the tapes and he wants to be sure other evidence is not being destroyed.
© 2009 The Associated Press. All Rights Reserved. This material may not be published, broadcast, rewritten, or redistributed. In court documents filed Friday night, government lawyers told U.S. District Judge Henry H. Kennedy that demanding information about the tapes would interfere with current investigations by Congress and the Justice Department.
It is the first time the government has addressed the issue of the videotapes in court.
Kennedy ordered the Bush administration in June 2005 to safeguard "all evidence and information regarding the torture, mistreatment, and abuse of detainees now at the United States Naval Base at Guantanamo Bay."
Five months later, the CIA destroyed the interrogation videos.
Government lawyers told Kennedy the tapes were not covered by his court order because Abu Zubaydah and Abd al-Rahim al-Nashiri - the suspected terrorists whose interrogations were videotaped and then destroyed - were not at the Guantanamo military prison in Cuba.
The men were being held overseas in a network of secret CIA prisons. By the time Bush acknowledged the existence of those prisons and the prisoners were transferred to Guantanamo, the tapes had been destroyed.
In court documents, acting Assistant Attorney General Jeffrey S. Bucholtz was concerned that Kennedy might order CIA officials to testify about the tapes. Bucholtz said that "could potentially complicate the ongoing efforts to arrive at a full factual understanding of the matter."
The administration has taken a similar strategy in its dealings with Congress on the issue. On Friday, the Justice Department urged Congress to hold off on questioning witnesses and demanding documents because that evidence is part of a joint CIA-Justice Department investigation.
Attorney General Michael Mukasey on Friday refused to give Congress details of the government's investigation into the matter, saying that doing so could raise questions about whether the inquiry was vulnerable to political pressure.
Even if Kennedy accepts the argument that the government did not violate his order, he still could demand a hearing. He could raise questions about obstruction or spoliation, a legal term for the destruction of evidence in "pending or reasonably foreseeable litigation."
Zubaydah was the first high-value detainee taken by the CIA in 2002. He told his interrogators about alleged Sept. 11, 2001, accomplice Ramzi Binalshibh, and the two men's confessions also led to the capture of Khalid Sheikh Mohammed, who the U.S. government said was the mastermind behind the terrorist attacks.
Al-Nashiri is the alleged coordinator of the 2000 suicide attack on the USS Cole in Yemen, which killed 17 sailors. Like Zubaydah, he is now at Guantanamo.
David Remes, a lawyer who represents a Yemeni national and other detainees, has called for a court hearing. He says the government was obligated to keep the tapes and he wants to be sure other evidence is not being destroyed.
Popular on CBSNews.com
- Massive tornado hits Okla. 63 Photos
- Children rescued from elementary school in Okla. 11 Photos
- At least 51 dead after massive Okla. tornado 91 Comments
- Oklahoma tornado carves trail of destruction Play Video
- Severe tornado tears through Oklahoma City suburb Play Video
- Mile-wide tornado rips through Oklahoma City area
- 20 children among at least 51 left dead by Okla. tornado
- Oklahoma tornado as seen by storm chasers Play Video
A total of 64% of American voters say that President George W. Bush has abused his powers as president. Of the 64%, 14% (9% of all voters) say the abuses are not serious enough to warrant impeachment, 33% (21% of all voters) say the abuses rise to the level of impeachable offenses, but he should not be impeached, and 53% (34% of all voters) say the abuses rise to the level of impeachable offenses and Mr. Bush should be impeached and removed from office.
A total of 70% of American voters say that Vice President *** Cheney has abused his powers as vice president. Of the 70%, 26% (18% of all voters) say the abuses are not serious enough to warrant impeachment, 13% (9% of all voters) say the abuses rise to the level of impeachable offenses, but he should not be impeached, and 61% (43% of all voters) say the abuses rise to the level of impeachable offenses and Mr. Cheney should be impeached and removed from office.
AMERICAN REAEARCH GROUP
Posted by pitbullpoint
ever hear anything more stupid than that? doubt it. this dude not only failed english 101, but history, civics, the whole lot.
on the light side, people who haven''t a clue, can be amusing. Takes all kinds....
Posted by poopusbuttus
Forsooth, I haven''t merited inclusion to your famous list.
So, I will include myself, and everyone else including the neonazi neocons, and Repubiclickers, should either party gain control in ''08. They are all corrupt, both parties, and all p.b. can do is continue to bash the one side that doesn''t openly include his penchant for intolerance as a platform plank, placing him on my list of the biggest dummies, along with lars008 (terrorislam7) and other Bushbots...
Posted by poopusbuttus
Hey numbnuts have you seen the fund raising totals lately, even big business has abandoned the republicans.
Last time I checked, and despite Bush''''s best efforts, WE STILL HAVE A BILL OF RIGHTS!!
Why don''''t we make Bush Governor of Darfur and move on with DEMOCRACY - Bush''''s coup has lasted 7 years and that''''s enough.
IMPEACH THE WAR CRIMINAL NOW and send him to his beloved IRAQ!!
Al-Nashiri is the alleged coordinator of the 2000 suicide attack on the USS Cole in Yemen, which killed 17 sailors. Like Zubaydah, he is now at Guantanamo."
Unfortunately everthing our current government says is untrustworthy. The lie shamelessly and when actually forced to back up their claims with substantive evidence (as opposed to hearsay and judgement) they have frequently been shown to have lyed.
They make a habit of confusing judgement or spin with memory or fact.