Bush Administration: We were not legally required to save destroyed CIA interrogation tapes
The Bush Administration has told a federal judge not to investigate the destruction of videotaped footage of the CIA interrogating two terror suspects, Abu Zubaydah and Abd al-Rahim al-Nashiri.
Reports the Associated Press, government lawyers told U.S. District Judge Henry H. Kennedy, who ordered the administration in 2005 to safeguard evidence and information pertaining to torture and abuse of Guantanamo Bay detainees, that it was not required to save these tapes, as the footage was filmed in secret CIA prisons, not Guantanamo.
Zubaydah and al-Nashiri eventually ended up at Guantanamo after their videotaped "questioning."
Even if this argument maintains ground, Judge Kennedy could still pursue further investigation under suspicion of spoliation, the term for destroying evidence in fear or anticipation of litigation.