Back to News & Commentary

The CIA Has a "Very Serious Problem"

Laurie Beacham,
勛圖眻畦
Share This Page
December 20, 2007

Its been two weeks since we learned that the . At issue is the possible criminality of both the tapes destruction and what the tapes might show like torture.

There are several investigations being launched into the CIAs decision to destroy the tapes from congressional committees, the Justice Department, and the CIA. Because the Bush administration can hardly be trusted to investigate itself, and because Congress 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獺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 including of detainee treatment of Guant獺namo detainees not be destroyed. Good for him.

A second case is a Freedom of Information Act lawsuit brought by the 勛圖眻畦 in which the 勛圖眻畦 requested documentation of U.S. treatment and abuse of detainees overseas not limited to Guant獺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 勛圖眻畦s request.

The 勛圖眻畦 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 勛圖眻畦s case has been characterized as perhaps the strongest. For why it might provide the CIA with a very serious problem and might force the Bush administrations hand, see John Deans recent piece:

In our troubled democracy where the critical element of separation of powers is regularly attacked by the Bush administration, lets 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 勛圖眻畦" to the wrong page. It should go to www.aclu.org/torturefoia, not www.aclu.org/nsafoia.

Learn More 勛圖眻畦 the Issues on This Page