Judge Wary Of Probe Into Destroyed Tapes

Bush Administration Lawyers Urge Courts To Back Off Investigation Into CIA Interrogation Videos

(CBS/AP)  A federal judge appeared reluctant Friday to investigate the destruction of CIA interrogation videotapes while the Justice Department is conducting its own inquiry.

U.S. District Judge Henry H. Kennedy is considering whether to delve into the matter and, if so, how deeply. The Bush administration is urging him to back off while it investigates.

"Why should the court not permit the Department of Justice to do just that?" Kennedy asked at a court hearing Friday.

The hearing marked the first time that administration lawyers were to speak in public and in court about the matter since the CIA disclosed this month it destroyed the tapes of officers using tough interrogation methods while questioning two al Qaeda suspects.

Lawyers for Yemeni detainees at Guantanamo Bay argue that the destruction of the tapes may have violated a court order and may indicate that other evidence was also destroyed. They urged the court not to take a back seat to the executive branch, which destroyed the documents in the first place.

"The Justice Department may have sanctioned the destruction of these videotapes," attorney David Remes said. "Now they are asking the court to stay out on the ground it is investigating the destruction of these videotapes."

Kennedy, a former prosecutor who was appointed to the bench by President Clinton, did not immediately say what he would do.

On Thursday, the House Intelligence Committee issued a subpoena for Jose Rodriguez, the former CIA official who directed the destruction of the tapes.

The panel ordered Rodriguez, the former head of the CIA's National Clandestine Service, to appear for a hearing on Jan. 16. Committee Chairman Silvestre Reyes, D-Texas, said Rodriguez "would like to tell his story but his counsel has advised us that a subpoena would be necessary."

Rodriguez ordered the tapes destroyed shortly after a Washington Post exposé focused attention on the CIA’s secret prisons, CBS News national security correspondent David Martin reported.

President Bush declined to address the controversy, saying at a White House news conference Thursday he was confident that administration and congressional investigations "will end up enabling us all to find out what exactly happened." He repeated his assertion that his "first recollection" of being told about the tapes and their destruction was when CIA Director Michael Hayden briefed him on it earlier this month.

[ajayvee]

Well, they got to Judge Kennedy more quickly than I thought they would. He has already started looking for a graceful way out. He didn''t even so much as consider saying: If you say they were not in Guantanamo, tell me where they were and show me proof that they were indeed where you say they were. No, just a subtle hint that he is ready to drop the matter. Another criminal act swept under the carpet! Why doesn''t it surprise me?

[pepperp1]

whether to delve into the matter


AHHHHHHHHHHHHHHHH whats to investigate they said they destroyed the tapes and that is a crime period.....just rule.

Let Congress and the DOJ if it ever decides to reinstate Justice as criteria of their departments performance along side their new main charter as republican political advocacy department.


RULE.



And Arnold the Clean Air Act gives your State the right to set standards just do it and let Bush sue you. what is wrong with you people JUST DO IT thats what Bush has done, counter your competent.

[bragova]

I wonder exactly how Judge Kennedy was leaned on.

[liberalme]

He repeated his assertion that his "first recollection" of being told about the tapes and their destruction was when CIA Director Michael Hayden briefed him on it earlier this month.

Yep---I know nuting! Dumb as a rock and dumber if he thinks we buy that BS.
Bush doesn''t have a "first recolletion" of very much--amnesia by convenience!

[luvny-2009]

yeah and dumb a$$ Bush also said he''d fire anyone if they were connect to the outing of Wilson''s wife. Guess what he LIED AGAIN

[lorinkundert]

Same old same old, while the Judge sits on his hands the executive branch is destroying evidence.

[lorinkundert]

"I wonder exactly how Judge Kennedy was leaned on."

Most likely the IRS was sent out with the threat of an audit, that seems to be the favorite approach, look at what they are doing to the "We The People" group who has dared question the legality of many of this governments actions.

[johnshaft4]

"Justice delayed, is justice denied."

[clestes-2009]

Yeah right! With bushie Mukasey as head of DOJ there will be no investigation. It will be a WHITEWASH.

I am looking forward with much enthusism to all the investigations into shrub''s administration. There is SO MUCH illegality throughout his law breaking tenure that it will take YEARS to uncover it all.

I doubt that Bush or Cheney or anyone of real power or infuence will ever see a day in court, but I think a better justice will be watching them watch Bush''s legacy as a failed president become record.

He will forever be remembered as a stumbling, fumbling, law breaking, stubborn, chicken war hawk who had no common sense and less brains.

[johnshaft4]

What kind of dirt did the DOJ dig up on the "Judge"?

[mcharlton]

Huckabee has a problem with putting is foot in his mouth. He doesn''t any foreign policy experience. He also doesn''t have a clue what''s going on. If for some bizzare reason he becomes president, he''s going to eat those words.

Come to think of it, that job sucks anyway. Anyone who''s dumb enough to want to president obviously deserves to be one. Here''s the reason why being president sucks:

You only make $400k a year.

Everyone critizes every decision you make regardless of how smart or dumb they are.

You''re traveling all the time in an obsolete Boeing 747.

When you''re finally home after a long 23 hour day and you get to spend three minutes with your wife, secret service has to stand outside the door.

Gay protesters in G-strings are always sitting on your front lawn.

You can''t walk around your house in your underwear. There''s interns and gay protesters.

Death threats force you to have to jog on the White House treadmill.

You still have to pay for the snacks in the vending machine.

Oil companies are always calling for money.

You have to tell them you only make 400k a year, and they turn you down for a job.



Personally I would rather be a corporate CEO.

[mcharlton]

Huckabee has a problem with putting is foot in his mouth. He doesn''t any foreign policy experience. He also doesn''t have a clue what''s going on. If for some bizzare reason he becomes president, he''s going to eat those words.

Come to think of it, that job sucks anyway. Anyone who''s dumb enough to want to president obviously deserves to be one. Here''s the reason why being president sucks:

You only make $400k a year.

Everyone critizes every decision you make regardless of how smart or dumb they are.

You''re traveling all the time in an obsolete Boeing 747.

When you''re finally home after a long 23 hour day and you get to spend three minutes with your wife, secret service has to stand outside the door.

Gay protesters in G-strings are always sitting on your front lawn.

You can''t walk around your house in your underwear. There''s interns and gay protesters.

Death threats force you to have to jog on the White House treadmill.

You still have to pay for the snacks in the vending machine.

Oil companies are always calling for money.

You have to tell them you only make 400k a year, and they turn you down for a job.



Personally I would rather be a corporate CEO.

CBS wrote:

"Committee Chairman Silvestre Reyes, D-Texas, said Rodriguez "would like to tell his story but his counsel has advised us that a subpoena would be necessary.""

If he *really* wanted to tell his story, he would do so without a subpoena.

GW Bush''s "Government" simply can not be trusted.

I think it''s high time he is held accountable.

[skyk-2009]

Personally I would rather be a corporate CEO.


Posted by mcharlton4 at 05:01 PM : Dec 21, 2007
+ report abuse

You have a VERY low opinion of the job of President...it does seem strange though that so many great men have held the position BEFORE this Incompetent LOSER came along and did just fine. What I can''t understand is you saying you would rather be the Scum of the EARTH, a CEO. Nothing is THAT bad.. absolutely NOTHING!!

[mcv57]

The Bushwack "Stone Wall" strikes again. Did you expect anything least from a treasonist dog. George Bush is a criminal; therefore, his regime will buy his innocents, or it will buy its way out. This is a classic political manuver.

[poopusbuttus]

Looks like we have a F@ggot terrorist party going on in here with all the Liberal F@ggots attending.....


And, with SKYK leading the charge......

[trillion1]

Ironic, that say being president wears down the man but in bush''s case it''s worn down the country.

[idlepugilist]

In spite of what the Bush-blinded want to believe while strapped securely to their chairs in a sterile, secluded room, what the President is saying about these destroyed tapes will end up with similar results from the Plame leak "investigation". The Pres will have this investigated up to the point where he appears as the angel, and the rest will be swept under the rug. Beware if you''re an assistant to the Pres, you will be taking the fall. And Merry Christmas.

[rowdytexan2]

Posted by JohnShaft4 at 04:33 PM : Dec 21, 2007

They pro''bly got his AT&T bill and started listening to his phone calls would be my bet. They musta caught him talking dirty to his wife or something on the phone.

I bet there were at least 5 black limo''s that showed up at his office office for one of their SECRET meetings.

[lawyertom1]

It seems much more likely than not that Ganzo was involved in the tape destruction, and to allow DoJ to investigate itself under such circumstances is ridiculous. A special prosecutor should be appointed and the Court should ascertain simultaneously if its order(s) have been violated.

[creeper00]

So now Kennedy backpedals.

These thugs will stop at nothing to have their own way. Bribery, threats, coercion...all in their playbook.

This stinks.

[sbb2211]

"It seems much more likely than not that Ganzo was involved in the tape destruction, and to allow DoJ to investigate itself under such circumstances is ridiculous. A special prosecutor should be appointed and the Court should ascertain simultaneously if its order(s) have been violated.

Posted by LawyerTom1 at 08:43 PM : Dec 21, 2007"

A ''special prosecutor''? Remember the fiasco that last time Congress appointed a special prosecutor? Even though Fitgerald KNEW from the start that it was Armatage and NOT Libby that told Novak Plame''s name (and it was NEVER, EVER SHOWN that she was a COVERT agent), he still kept pushing until he could find ANYTHING to justify his job.

WHAT A TRAVESTY OF JUSTICE!

[sbb2211]

So now Kennedy backpedals.

These thugs will stop at nothing to have their own way. Bribery, threats, coercion...all in their playbook.

This stinks.

Posted by creeper00

That DOES sound like a Kennedy. And Clinton, and Reid, and Pelosi, and Murtha, etc. . .

[trillion1]

This has to be the most corrupt goverment in history.

[brianbwb-2009]

"(and it was NEVER, EVER SHOWN that she was a COVERT agent)...."
Posted by SBB2211

All caps does not make truth from fiction, the CIA itself has already publicly acknowledged that she was indeed a covert agent.

[neobrian-2009]

Poopbarrel Waste of Space
I bet his boyfriend(sb2211u2) feels neglected,between the pentagon and his PC,..He has no time for him.
The Poor Boy,give him credit,he tries So hard to look smart and sound intelligent. But each time he hits ''''Publish'''',..his IQ shows. BTW,Is there two McDonalds in the pentagon now?

[brianbwb-2009]

It does seem strange that Kennedy had enough courage to defy bush''s first attempt at intimidation, only to lose that courage since then, one wonders if that original courage was bought off, or is someone now "sleeping with the fishes" as a warning...

Time to investigate the investigators investigating the investigation...