White House Role in Tape Destruction Disputed

By Mark Impomeni
Dec 19th 2007 11:30AM

Filed Under:eBush Administration, Investigations, Terror

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.

The White House took the unusual step of issuing a press release challenging the New York Times by name and formally requesting a retraction of the article's sub-heading, "White House Role was Wider than it Said." The White House disputes the inference that it was attempting to hide it's role in the discussions, pointing to numerous on the record refusals to comment in any way on the discussions surrounding thre tapes.

The officials who spoke to the Times did not agree on the advice that the named Administraiton lawyers gave regarding the tapes' destruction. One said that there was "vigorous sentiment" from the White House to destroy the tapes. Another contradicted that characterization, saying that no one at the White House recommended their destruction. The Times points out, however, that the White House was not described as advocating for the tapes' preservation.

In the White House statement, Press Secretary Dana Perino highlights the contradictory information cited in the report and says that the Administration is conducting a fact-finding investigation into the matter.
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.

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