The New York Times reports today that top White House and Bush Administration lawyers were more deeply involved in discussions about whether to destroy CIA vidoetapes of terrorist deatinee interrogations. The report contains conflicting information from current and former sources within the Administration. According to the Times, two former White Hosue Counsels, Alberto Gonzales and Harriet Miers, as well as Vice-President Cheney's counsel, David Addington, and John Bellinger, the top lawyer at the National Security Council, participated in talks about the fate of the tapes between 2003 and 2005. The tapes were destroyed in November of that year.It will not be surprising that this matter will be reported with a reliance on un-named sources and individuals lacking a full availability of the facts -- and, as the New York Times story itself acknowledges, some of these sources will have wildly conflicting accounts of the facts. We will instead focus our efforts on supporting the preliminary inquiry underway, where facts can be gathered without bias or influence and later disseminated in an appropriate fashion.
We will continue to decline to comment on this issue, and in response to misleading press reports.
The report comes one day before a scheduled Federal District Court hearing, ordered by Judge Henry Kennedy, Jr. The hearing comes in an unrelated case of sixteen Guantanamo Bay detainees, whose lawyers believe that information on the tapes may have been relevant to their clients' case. Judge Kennedy had issued an order in the summer of 2005 directing the government to preserve all evidence pertaining to the case. The Justice Department has said that since the tapes were not made at the Guantanamo Bay prison, they were not covered by the court order. Lawyers for the detainees disagree, saying that the destruction of the tapes casts doubt on the government's handling of all evidence in their case.


