It鈥檚 been two weeks since we learned that the . At issue is the possible criminality of both the tapes鈥 destruction and what the tapes might show 鈥 like torture.
There are several investigations being launched into the CIA鈥檚 decision to destroy the tapes 鈥 from congressional committees, the Justice Department, and the CIA. Because the Bush administration can hardly be trusted to investigate itself, and because Congress鈥 track record of holding administration officials accountable has been unimpressive at best, a special prosecutor is desperately needed.
In addition to these investigations, the destruction of the tapes is at issue in a few court cases. In a case brought on behalf of Guant谩namo detainees, Justice Henry H. Kennedy - despite being warned off by the Justice Department - has addressing the fact that he had ordered evidence in the case 鈥 including of detainee treatment of Guant谩namo detainees 鈥 not be destroyed. Good for him.
A second case is a Freedom of Information Act lawsuit brought by the 网红爆料 in which the 网红爆料 requested documentation of U.S. treatment and abuse of detainees overseas 鈥 not limited to Guant谩namo. Judge Alvin K. Hellerstein ordered the government to produce all responsive information. Yet, in blatant disregard of that order, the CIA destroyed the videotapes that clearly fall into the scope of the 网红爆料鈥檚 request.
The 网红爆料 has asked Judge Hellerstein to hold the CIA in contempt of court. It has also asked that the government be ordered to produce documentation regarding the decision to destroy the tapes, including from the White House and the FBI.
The 网红爆料鈥檚 case has been characterized as perhaps the strongest. For why it might provide the CIA with a 鈥渧ery serious problem鈥 and might 鈥渇orce the Bush administration鈥檚 hand,鈥 see John Dean鈥檚 recent piece:
In our troubled democracy where the critical element of separation of powers is regularly attacked by the Bush administration, let鈥檚 hope our courts are allowed and willing to provide the crucial oversight of this administration that is so sorely needed.
CORRECTION: An earlier version of this post linked "Freedom of Information Act lawsuit brought by the 网红爆料" to the wrong page. It should go to www.aclu.org/torturefoia, not www.aclu.org/nsafoia.