CIA被毁坏的磁带尽管判决

CIA毁坏了磁带尽管判决，但秘密监狱制度可能提供法律盖子

布什政府在不放弃被拘留者酷刑和恶习月的证据的判决之下，在CIA毁坏了显露其中一些最苛刻的审讯战术的录影带之前。

通常，那将强迫政府保护自己反对阻碍指控。 但CIA也许有出口： 国外监狱它的秘密网络。

While judges focused on the detention center in Guantanamo Bay, Cuba, and tried to guarantee that any evidence of detainee abuse would be preserved, the CIA was performing its toughest questioning half a world away. And by the time President Bush publicly acknowledged the secret prison system, interrogation videotapes of two terrorism suspects had been destroyed.

The CIA destroyed the tapes in November 2005. That June, U.S. District Judge Henry H. Kennedy Jr. had 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.”

U.S. District Judge Gladys Kessler issued a nearly identical order that July.

At the time, that seemed to cover all detainees in U.S. custody. But Abu Zubaydah and Abd al-Rahim al-Nashiri, the terrorism suspects whose interrogations were videotaped and then destroyed, weren’t at Guantanamo Bay. They were prisoners that existed off the books — and apparently beyond the scope of the court’s order.

Attorneys say that might not matter. David H. Remes, a lawyer for Yemeni citizen Mahmoad Abdah and others, asked Kennedy this week to schedule a hearing on the issue.

Though Remes acknowledged the tapes might not be covered by Kennedy’s order, he said, “It is still unlawful for the government to destroy evidence, and it had every reason to believe that these interrogation records would be relevant to pending litigation concerning our client.”

In legal documents filed in January 2005, Assistant Attorney General Peter D. Keisler assured Kennedy that government officials were “well aware of their obligation not to destroy evidence that may be relevant in pending litigation.”

For just that reason, officials inside and outside of the CIA advised against destroying the interrogation tapes, according to a former senior intelligence official involved in the matter who spoke on condition of anonymity because it is under investigation.

Exactly who signed off on the decision is unclear, but CIA director Michael Hayden told the agency in an e-mail this week that internal reviewers found the tapes were not relevant to any court case.

Remes said that decision raises questions about whether other evidence was destroyed. Abu Zubaydah’s interrogation helped lead investigators to alleged 9/11 mastermind Khalid Sheikh Mohammed and Remes said Abu Zubaydah may also have been questioned about other detainees. Such evidence might have been relevant in their court cases.

“It’s logical to infer that the documents were destroyed in order to obstruct any inquiry into the means by which statements were obtained,” Remes said.

He stopped short, however, of accusing the government of obstruction. That’s just one of the legal issues that could come up in court. A judge could also raise questions about contempt of court or spoliation, a legal term for the destruction of evidence in “pending or reasonably foreseeable litigation.”

Kennedy has not scheduled a hearing on the matter and the government has not filed a response to Remes’ request.

Associated Press Writer Lara Jakes Jordan contributed to this report.

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