CIA Refuses to Turn Over Torture Tape Documents to ACLU

By GottaLaff

I have to admit, I'm torn. And I'm torn because I really don't know if this is, indeed, a delaying tactic, or if it's legitimate, or both. Somebody fill me in (I feel a Clancy coming on....) . I plead semi-ignorance:

The CIA claims the integrity of a special prosecutor’s criminal investigation into the destruction of 92 interrogation videotapes will be compromised if the agency if forced to turn over to the American Civil Liberties Union detailed documents identifying the individuals responsible for destroying the material, the reasons for the purge, and the torturous tactics depicted on the tapes, according to newly released court documents.

In a May 5 letter to U.S. District Court Judge Alvin Hellerstein, Lev Dassin, the acting U.S. Attorney for the Southern District of New York, said the Justice Department recently had discussions with prosecutors working on the criminal investigation into the destruction of the interrogation tapes and was informed that “the production of documents...would conflict and substantially interfere with the [criminal] investigation” into the destruction of the interrogation tapes.

“As the court is aware, the scope of the tapes investigation includes the review of whether any person obstructed justice, knowingly made materially false statements, or acted in contempt of court or Congress in connection with the destruction of videotapes,” Dassin's letter says. “The Government thus respectfully requests that [a previous court order demanding the CIA turn over detailed descriptions of the contents of the destroyed tapes] be withdrawn or otherwise stayed until the tapes investigation has been completed.”

Amrit Singh, an ACLU staff attorney, said the move is “a classic CIA delay tactic.”

In court papers, she said the government is using the criminal investigation “as a pretext for indefinitely postponing” its obligation to produce documents related to the destruction of the videotapes.

That rings true to me. The judge seems to agree with that ringing of truth I hear:

“The Government makes no mention of an expected timeline for completion of [Special Prosecutor John] Durham['s] investigation,” the ACLU’s said in court papers. “Nor has Mr. Durham provided a declaration in support of the Government’s position.”

Hellerstein seemed to agree. He pointed out in a two-page order that Durham had not stepped forward to state that his probe would be hindered if documents related to the destruction of the tapes were turned over to the ACLU.

Much more here.

H/t: The Joshua Blog