Guest blogged by Jon Ponder, Pensito Review.
Michael Mukasey, George Bush's new attorney general --- same as the old attorney general --- has yet to order federal employees to preserve evidence related to the CIA's destruction of tapes of its torture sessions with terror suspects.
Even without Mukasey's order, however, the CIA appears to have violated a court order in response to a lawsuit filed by the ACLU in 2004 to enforce a Freedom of Information Act (FOIA) request demanding information on the treatment and interrogation of prisoners:
In response to Freedom of Information Act (FOIA) requests filed by the ACLU and other organizations in October 2003 and May 2004, the United States District Court for the Southern District of New York ordered the CIA to produce or identify all records pertaining to the treatment of detainees in its custody.
Despite the court’s ruling, the CIA never produced the tapes or even acknowledged their existence. Last week, in anticipation of media reports concerning the tapes, CIA Director Michael Hayden publicly acknowledged that the CIA had made the tapes in 2002 but destroyed them in 2005.
The ACLU brief and related legal documents are available online at: www.aclu.org/torturefoia.