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.

[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...

[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]

"(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.

[trillion1]

This has to be the most corrupt goverment in history.

[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. . .

[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!

[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.

[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.

[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.

[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.