A court hearing this month in Manhattan turned on a subject that has mostly been missing in the legal response to former President George W. Bush’s abusive detention policies: some measure of accountability.
The focus of the hearing before Judge Alvin Hellerstein of Federal District Court was not torture itself but the Central Intelligence Agency’s deliberate destruction in 2005 of dozens of videotapes made three years earlier showing the brutal interrogation of high-level terrorism suspects, including the simulated drowning technique known as waterboarding. At the time, the agency had been ordered by Judge Hellerstein to preserve the tapes.
They were part of the evidence being sought in a lawsuit brought by the American Civil Liberties Union under the Freedom of Information Act seeking details of prisoner mistreatment. Their destruction was seen as so egregious that the Bush administration felt compelled to order a special investigation when it was disclosed.
In November, the special prosecutor handling that investigation, John Durham, decided against bringing criminal charges against any C.I.A. official. No details of his decision were provided, leaving it unclear why those involved were not charged with any crime.
http://www.nytimes.com/2011/01/26/opinion/26wed3.html?nl=todaysheadlines&emc=tha211
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