Judge Orders Hearing On CIA Tapes

Rejects Calls From Justice Department To Stay Out Of Controversy Over Interrogation Videos

(CBS/AP)  The Bush administration must answer questions about the destruction of CIA interrogation videos of two al Qaeda suspects, a federal judge said Tuesday, rejecting the government's efforts to keep the courts out of the investigation.

U.S. District Judge Henry H. Kennedy ordered Justice Department lawyers to appear before him Friday at 11 a.m. to discuss whether destroying the tapes, which showed two al Qaeda suspects being questioned, violated a court order.

The Justice Department has urged Congress and the courts to back off, saying its investigators need time to complete their inquiry. Government attorneys say the courts don't have the authority to get involved in the matter and could jeopardize the case.

For now, at least, Kennedy disagreed. Attorneys in unrelated cases, meanwhile, began pressing other judges to demand information about the tapes.

"Just because the judge wants to have a hearing doesn't mean he is going to rule against the government," CBS News chief legal analyst Andrew Cohen said. "But I suspect that federal lawyers are going to have some tap dancing to do in court as they explain how those CIA videotapes could have been destroyed in 2005 when there were questions about whether they fell under the judge's do-not-destroy order."

In June 2005, Kennedy ordered the Bush administration 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. The recordings involved suspected terrorists Abu Zubaydah and Abd al-Rahim al-Nashiri. The Justice Department argued that the videos weren't covered by the order because the two men were being held in secret CIA prisons overseas, not at the Guantanamo Bay prison.

David Remes, a lawyer who represents Yemeni detainees at Guantanamo Bay, said the government was obligated to keep the tapes and he wants to be sure other evidence is not being destroyed.

"We want more than just the government's assurances. The government has given these assurances in the past and they've proven unreliable," Remes said. "The recent revelation of the CIA tape destruction indicates that the government cannot be trusted to preserve evidence."

Kennedy did not say why he was ordering the hearing or what he planned to ask. Even if the judge accepts the argument that the government did not violate his order, he still could raise questions about obstruction or spoliation, a legal term for the destruction of evidence in "pending or reasonably foreseeable litigation."

Also Tuesday, lawyers for a man convicted of terrorism charges alongside Jose Padilla asked a federal judge in Miami to force the government to turn over any remaining evidence regarding Zubaydah's interrogation. Prosecutors have acknowledged that Zubaydah provided information identifying Padilla as an al Qaeda operative working on a purported "dirty bomb" plot, leading to his May 2002 arrest at Chicago's O'Hare International Airport.

Lawyer Ken Swartz said information about his client, convicted terrorism supporter Adham Amin Hassoun, might be found in those interrogations.

In a third case, this one involving another Guantanamo Bay detainee, attorney Jonathan Hafetz of the Brennan Center for Justice asked U.S. District Judge Gladys Kessler in Washington to schedule a hearing. Kessler's order, filed in July 2005, is almost identical to Kennedy's, and Hafetz says he worries key evidence was destroyed.

The Justice Department had no comment on Kennedy's decision to hold a hearing. Its lawyers are working with the CIA to investigate the destruction of the tapes and urged Kennedy to give them space and time to let them investigate.

Remes had urged Kennedy not to comply.

"Plainly the government wants only foxes guarding this henhouse," Remes wrote in court documents this week.

The Bush administration has taken a similar strategy in its dealings with Congress on the issue. Last week, the Justice Department urged lawmakers 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 also refused to give Congress details of the government's investigation into the matter Friday, saying doing so could raise questions about whether the inquiry was vulnerable to political pressure.

Kennedy served as a federal prosecutor during the Nixon and Ford administrations until he was named a federal magistrate judge in 1976. President Carter appointed him to be a local Washington judge and President Clinton appointed him to the federal bench.

[antoniof123]

"Plainly the government wants only foxes guarding this henhouse," Remes wrote in court documents this week.

Well of course they just want foxes guarding the hen house it makes it easier to get away with murder.

[realpatriot1]

The Judges order was unequivocally clear. The violation of that order is aloso clear.

Clearly, the administration does not think the separation of powers applies to it.

I don''t imagin that the Judge who handed down the order will look too kindly on this but I can see this White House thumbing their nose at the law again and trying to kick it up to their crime family buddies on the Supreme Court.

[bareemperor]

It will not matter, nor change things - this is the most corrupt administration in history. They will do whatever they want. Rome was rebuilt in Washington, in six short years...

[colvinatch]

I have no doubt Bush order their destruction in order to cover his "high crimes and treason." This investigation should segue nicely into Bush''s impeachment trial.

[superdem]

Every now and then you still see a single glimmer of democracy left, even under the Bush regime. This is why the Republicans want so desperately to stack the courts with their cronies, and why they decry "unelected, activist judges." Control of the "Justice" Department is not enough for them. Our Founding Fathers knew what a court system controlled by the King meant - despotism. This is why it is so CRITICAL to kick the Republicans out and vote DEMOCRATIC, even if you hate the eventual nominee !!! It''s not about the NOMINEE, he or she will be gone in 4 or 8 years, it''s about preserving democracy in AMERICA !

[hillaryin08]

impeach_w, superdem, colvinatch, BareEmperor, realpatriot1, antoniof123

Your fellow Socialists funded the war today. America wins and you loose again.

Sorry Libs, keep trying

[antoniof123]

Posted by hillaryin08 at 01:33 PM : Dec 18, 2007

You are right Skippy but come next year I bet the your fellow fascists will be running from this in about what 3 months. Oh and by the way it was a stop gap measure. Oh did they forget to tell you that.

Now that is funny Skippy.

[racam_us]

This is exactly a case of what a tangled web we weave when at first we try to deceive. First among many things, Bush declared that there were no overseas prisons. He declared that the US did not torture. Now that the truth has leaked out, he not only admitted to the prisons and the torture, he is trying to cover it all up with another lie. This administration is an example of lies built on top of lies. The tip of the iceberg has not even been uncovered yet. Hold onto your hats for what is yet to come. YAHOO! Ride them cowboy.

[omega39-2009]

The Judges order was unequivocally clear. The violation of that order is aloso clear.

Clearly, the administration does not think the separation of powers applies to it.
Posted by realpatriot1

Maybe Bushie had another signing statement claiming that he is exempt from the law. He must buy them by the case.

[omega39-2009]

mpeach_w, superdem, colvinatch, BareEmperor, realpatriot1, antoniof123

Your fellow Socialists funded the war today. America wins and you loose again.

Sorry Libs, keep trying

Posted by hillaryin08

And sad hillary appears on yet another thread of Bush corruption (there are at least 3 today) waving his pom poms and cheering the shirt.

[eskieville1]

Bush/Cheney make the Harding Admn. look like angels in comparison. This nation is angry,embarrassed,and most likely clinically depressed because of these ruthless thugs!

[robertr121]

I don''''t imagin that the Judge who handed down the order will look too kindly on this but I can see this White House thumbing their nose at the law again and trying to kick it up to their crime family buddies on the Supreme Court.


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Posted by realpatriot1 at 12:57 PM : Dec 18, 2007


That''s right, so all of you that see a smidgeon of hope for some kind of rescue from the justice department of our faltering democracy better temper it with the realization that we are in the midst of a dictatorship with Bush in firm control of all the branches of our government brought to you by the neocons you elected. We get what we deserve, deal with it.

[dredre2k]

Good... hopefully this means that our government is starting to work as the constitution specified. Each branch is separate but EQUAL, and the Bush administration has forgotten that they are still accountable to the RULE OF LAW and to the other two branches. What a tangled web they have weaved... Regarding the scandals in the Whitehouse, we are only at the tip of that monsterous iceberg.

[j-whitman]

Save the money & get on with bigger things -

--- Put Chuckles Cheney, Bush Jr, & his God Squad the only place that can keep America Safe ------ Chained deep inside Yucca Mountian -----

[antoniof123]

It is funny the Republicans spent millions and millions of dollars on investigating of the Clinton''s and found nothing. That could be the reason why we like Bill Clinton so much.

All your hate can''t change the fact that he is one of the most popular Presidents in US history. Oh and one other think it also can''t change the fact that he was elected and not appointed like your boy Bush.

Now put it in your pipe and smoke it soon in will be election time and all the spin has already been said about the Clinton''s you should have saved some. Plus we will not take kindly to swift boating this time around.

[mudrose-2009]

Okay, everybody into the Pool. Doesn''t matter what anybody says any more, just all jump into that pool. Congress, DOJ and now the Courts. Chop, chop. We want answers as to why the CIA would protect its own.

[mcvet]

Okay, everybody into the Pool. Doesn''''t matter what anybody says any more, just all jump into that pool. Congress, DOJ and now the Courts. Chop, chop. We want answers as to why the CIA would protect its own.


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Posted by mudrose at 02:59 PM : Dec 18, 2007
+ report abuse

It is true that you fascist are always the last one''s to admit the fuhrer is doing wrong. Why is that? Here we have a FEDERAL Judge ORDERING a branch of our Government NOT to distroy evidence in a CRIMINAL Trial. Now this isn''t something that they just dreamed up YESTERDAY... NO most of us outside of the Fascist South have been doing things this way now for over 200 years but for some reason you freaks think it should only apply to those OUTSIDE the PARTY! Stange creatures you nazi''s... very strange indeed. Sieg Heil Bush!!

[j-whitman]

mudrose,,,, Into the pool ??
,, You first -- Halliburton & KBR provided the water to fill it. I want to watch as your skin falls off

[feelfree1]

Here is an interview with a man that was held and tortured at various CIA black sites, and never charged with a crime:

www.democracynow.org/2007/12/18/exclusive_yemeni_man_imprisoned_at_cia

[dredre2k]

"I wonder if this will stick? or if someone will get pardoned before it goes to trial."

LOL! I could see the president trying to pardon himself before it''s all over...

[mudrose-2009]

Posted by MCVet

mudrose,,,, Into the pool ??
,, You first -- Halliburton & KBR provided the water to fill it. I want to watch as your skin falls off
Posted by j-whitman

Quite the bore aren''t ya. Sorry, fella, when it comes to protecting it''s own, the CIA does a good job. Hahahahaha.

[mcvet]

Quite the bore aren''''t ya. Sorry, fella, when it comes to protecting it''''s own, the CIA does a good job. Hahahahaha.


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Posted by mudrose at 03:18 PM : Dec 18, 2007
+ report abuse

LOL That whole thing just went right over your pointed little head didn''t it...kinda like the "mission accomplished" thing huh? ROFLMAO Let me see if I can help you here swastika breath. We passed laws back when Tricky Dicky was going crooked on us... do you remember that? Anyway the CIA has a major problem here and IF you don''t slit your wrist because of some OTHER scandal from this pathetic piece of human trash you call a President, you will find it out. Sieg Heil Bush!!

[j-whitman]

mudnose,,,,, The CIA won''t even defend their own covert agents from treasonous exposure by corrupt political leaders --- What do you mean, "Protect their own" ??

[j-whitman]

ssmd2,,,, I suggested earlier sending them deep inside Yucca Mountain
-- Your idea''s better. The radiation from Yucca would probably just turn them into Godzilla & Rodan

[feelfree1]

Re: "U.S. District Judge Henry H. Kennedy rejected calls from the Justice Department to stay out of the matter. He ordered lawyers to appear before him Friday morning."

Good job, Judge!

If they don''t show, let us know, and we will round them up for you.

[mudrose-2009]

mudnose,,,,, The CIA won''''t even defend their own covert agents from treasonous exposure by corrupt political leaders --- What do you mean, "Protect their own" ??
Posted by j-whitman

They just did **********. Tell McVet, he can''t seem to get out of Soros''s playbook.

[mudrose-2009]

Re: "U.S. District Judge Henry H. Kennedy rejected calls from the Justice Department to stay out of the matter. He ordered lawyers to appear before him Friday morning."

Good job, Judge!

If they don''''t show, let us know, and we will round them up for you.
Posted by FeelFree1

Anarchy! Lovely. Over waterboarding. Hahahahaha. Bin Laden just can''t wait to walk in.

[feelfree1]

Re: "Plainly the government wants only foxes guarding this henhouse," Remes wrote in court documents this week."

Plainly, indeed.

The noose appears to be tightening around the rotton neck of the Regime.

[mudrose-2009]

Re: "Plainly the government wants only foxes guarding this henhouse," Remes wrote in court documents this week."

Plainly, indeed.

The noose appears to be tightening around the rotton neck of the Regime.
Posted by FeelFree1

Oh, you mean Pewlosi and Reid. Gee, I hope so. Maybe they can get Leaky Leahy on the noose too. Hahahaha. Regime! No tickey, no shirtie. Got it.

[tbweb]

Even Teflon wears off eventually, maybe the Bush administrations Teflon is starting to lose its "no stick" quality! But since they can listen in on the Judge and Lawyers with their illegal wiretaps they may escape this too!

[infidel_us]

Another Clinton appointed ''activist'' judge. This is the token moron who made it thru Harvard under the ''affirmative action'' programs of the early 70''s.

If I''m not mistaken, this is the same doofus who ALWAYS sides with the al crapola terrorists!

This is one of the main reasons why democrats should not be president. Actually, republicans just need to stand up and start giving dems hell (like they gave Bush) on his judicial appointments.

[antoniof123]

I got some bad news for you it is not the battle the Democrats are going to win it is the war. 20 Republican Senators up for reelection in 2008. The GOP has already determined that a loss of only 4 seats would be considered a win for them.

That is the war not the battle the more seats in the Senate this time around the better for a greater number in 2010. Remember there are more Republican Senator seats available then.

Still laughing moron.

[mudrose-2009]

Still laughing moron.
Posted by antoniof123

Absolutely! They just replaced to seats with Republicans. I think the Dimnowit surge in the Congress has now ended. Still laughing idiot?

[antoniof123]

Absolutely! They just replaced to seats with Republicans. I think the Dimnowit surge in the Congress has now ended. Still laughing idiot?

Posted by mudrose at 03:54 PM : Dec 18, 2007

Muddy you neo cons talk big but we know that you are very frighten of the upcoming elections so please by all means idiot keep laughing because the joke will be on you.

[mudrose-2009]

Another Clinton appointed ''''activist'''' judge. This is the token moron who made it thru Harvard under the ''''affirmative action'''' programs of the early 70''''s.

If I''''m not mistaken, this is the same doofus who ALWAYS sides with the al crapola terrorists!

This is one of the main reasons why democrats should not be president. Actually, republicans just need to stand up and start giving dems hell (like they gave Bush) on his judicial appointments.
Posted by Infidel_Us

If you read the beginning of this rather slanted, stupid article that most of the Dimnowits suck up without a thought process, what does the Bush Administratioin have to do with CIA tapes it never had in its possession? If I recall didn''t Myers say not to destroy them? So I wouldn''t worry about Kennedy blowing his horn. I just love the fact that when it comes to protecting their "covert" rather than so-called "covert" agents, the CIA does. Watch the show, it should be enjoyable. Why the Dimnowits tried 63 times to vote on Iraq and haven''t succeeded yet. They like theatre. Should be Kabuki. Waiting for them to fall on their swords.

[mudrose-2009]

Any rational person will hope and pray and do all they can to ensure that Cindy Sheehan defeats Pelosi in the next election.
Posted by ImpeachNOW

Only if Cindy wear Pink. She can be the new political party. The Pinky Party. We can also have a Greenie Party too.

[mudrose-2009]

Muddy you neo cons talk big but we know that you are very frighten of the upcoming elections so please by all means idiot keep laughing because the joke will be on you.
Posted by antoniof123

I''m not afraid of anything. Upcoming elections don''t scare me. Crazy people don''t scare me. Nuts don''t scare me. I just use my magic wand and poof they disappear. Are you gone yet?

[poopusbuttus]

Any rational person will hope and pray and do all they can to ensure that Cindy Sheehan defeats Pelosi in the next election.

.


--------------------------------------------------------------------------------

Posted by ImpeachNOW

Oh for Pete''s sake. Are you some kind of friggin'' MORON or something? Dude, you''re an idiot.

[samableman]

This is all hand wringing. The tapes are destroyed and nobody''s talking. Unless some disaffected insider turns on the administration, this story is over. We may imagine that there''s something really bad on the tapes but we won''t get to see them unless somebody made a copy, which is possible. It would be interesting to know the means of recordation. If it were done by computer chip, it''s possible the contents could be recovered despite the destruction. That''s the sort of thing the hearing might want to go into. I think the only worthwhile thing to do now is try to imagine what might be on the tapes that is so awful it had to be deep sixed. It can''t just be waterboarding because we have knowledge of that and its conceputally familiar. There must be something else. Worse. Perhaps the ID''s of the torturers includes someone with high profile. Could it be Jeff Miller? and where was *** Cheney at the time of these outrages? Rummy might be on the bill! The sadistic appetites of so many in the administration seem to smack of that insatiability which overcomes the judgment faculty; i.e.: "What was I thinking sticking that cattle prod up the keester of that used car salesman from Kabul? I should have my head examined."

[feelfree1]

ImpeachNOW,

Re: "Any rational person will hope and pray and do all they can to ensure that Cindy Sheehan defeats Pelosi in the next election."

She is truly a courageous and inspiring woman, and she seems to really frighten the tiny handful of remaining Bush regime dupes.

Best of luck to Ms. Sheehan!

[poopusbuttus]

and she seems to really frighten the tiny handful of remaining Bush regime dupes.

Best of luck to Ms. Sheehan!



--------------------------------------------------------------------------------

Posted by FeelFree1


FEELREELDUMB -- HAHAHAHAHAHAHA. Yeah, you got it. We''re frightened. HAHAHAHAHA

[mudrose-2009]

They May have Violated a court order? Who is invesitgating whether Bush and Co. is violating the Constitution he swore to uphold and protect? It seems like Every move he makes (even before 9/11) Weakens the bedrock foundation this country was built upon.
Posted by impeach_w

Who violated a court order? Who had the tapes? Who destroyed the tapes? Take a deep breath and count to 5,000. You''re out of your mind.

[mudrose-2009]

THIS SHOULD BE THE FOCUS OF CONGRESSES%u2019 INVESTIGATION

Posted by impeach_w

Yeah, true. The more they investigate, the less they legislate. Sounds good to me. Keeps us amused and them outta trouble. I say INVESTIGATE. WE NEED MORE INVESTIGATIONS SO THAT THEY LOOK LIKE THEY ARE ACTUALLY EARNING THEIR TAXPAYER DOLLARS. INVESTIGATE I TELL YA.

[feelfree1]

Re: "Yeah, you got it. We''re frightened."

We know. It is obvious from your screechings.

I''m sure that some skid-mark from the Pentagram has good reason to be.

[feelfree1]

Several top WWII Nazis were sentenced and hanged for following a playbook that is becoming less and less distinguishable from that of the Bush regime.

When these craven pirates and traitors are finally brought to justice, it will be a day of global celebration, to be sure.

[infidel_us]

''Any rational person will hope and pray and do all they can to ensure that Cindy Sheehan defeats Pelosi in the next election.''

Hey, you leave MY Nancy out of this! She''s my fantasy goddess in garters and ''do me'' boots! :)

[mudrose-2009]

Too good not to share:

To All My Democrat Friends:
Please accept with no obligation, implied or implicit, my best wishes for an environmentally conscious, socially responsible, low-stress, non-addictive, gender-neutral celebration of the winter solstice holiday, practiced within the most enjoyable traditions of the religious persuasion of your choice, or secular practices of your choice, with respect for the religious/secular persuasion and/or traditions of others, or their choice not to practice religious or secular traditions at all. I also wish you a fiscally successful, personally fulfilling and medically uncomplicated recognition of the onset of the generally accepted calendar year 2008, but not without due respect for the calendars of choice of other cultures whose contributions to society have helped make America great. Not to imply that America is necessarily greater than any other country nor the only America in the Western Hemisphere. Also, this wish is made without regard to the race, creed, color, age, physical ability, religious faith or sexual preference of the wish.

To My Republican Friends:
Merry Christmas and Happy New Year!

[mcvet]

Who violated a court order? Who had the tapes? Who destroyed the tapes? Take a deep breath and count to 5,000. You''''re out of your mind.


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Posted by mudrose at 04:12 PM : Dec 18, 2007
+ report abuse

ROFLMAO Right! Someone who came on this very site before the last election and told EVERYONE that Rummy was a great Defense Secy is telling someone else they are out of their minds! ROFLMAO Sparky YOU have swallowed enough Kool Aid to float the Titanic! ROFLMAO Sieg Heil Bush!! Come on you nazi freak... get that hood and sheet on there.... now sing it out!! Loud so the Fuhrer can hear you!! SIEG HEIL MEIN FUHRER!! Good little Klan Man!! ROFLMAO

[mcvet]

Who violated a court order? Who had the tapes? Who destroyed the tapes? Take a deep breath and count to 5,000. You''''re out of your mind.


--------------------------------------------------------------------------------

Posted by mudrose at 04:12 PM : Dec 18, 2007
+ report abuse

ROFLMAO Right! Someone who came on this very site before the last election and told EVERYONE that Rummy was a great Defense Secy is telling someone else they are out of their minds! ROFLMAO Sparky YOU have swallowed enough Kool Aid to float the Titanic! ROFLMAO Sieg Heil Bush!! Come on you nazi freak... get that hood and sheet on there.... now sing it out!! Loud so the Fuhrer can hear you!! SIEG HEIL MEIN FUHRER!! Good little Klan Man!! ROFLMAO

[mudrose-2009]

SIEG HEIL MEIN FUHRER!! Good little Klan Man!! ROFLMAO
Posted by MCVet

Do you ever speak english? Oh, that''s right, Dimnowits don''t like English.