Remember the 92 torture tapes destroyed by Bush's CIA? The statute of limitations expires today.

[seafan]

Have we reached the point where the rule of law no longer has any relevance? If so, it is ominous for the future of our country.



Firedoglake contributor bmaz hasn't forgotten about the 92 videotapes depicting harsh interrogation/torture, that were destroyed by US Government agents in 2005.


The statute of limitations on this crime of destruction of evidence expires today.




bmaz of FDL writes:


Thursday November 4, 2010 5:20 pm

As you may know, in early November of 2005, agents of the United States government destroyed at least ninety two videotapes containing direct evidence of the interrogation and, upon admission and belief, torture of Abu Zubaydah and Abd al-Rahim al-Nashiri (see: here, here, here, here and here). The statute of limitations, for the criminal destruction of said taped evidence in the cases of Abu Zubaydah and al-Nashiri will expire on Sunday November 7 (since the last day falls on a weekend, the statute should maintain through the next business day, which is Monday November 8). As we have heard absolutely nothing from Eric Holder, John Durham, the DOJ or the Obama Administration in relation to indictments or other results of the investigation Mr. Durham has been conducting since January 8, 2008, nearly three years, I thought a letter was in order asking just exactly what their status was. Said letter was addressed to Dean Boyd and Tracy Schmaler, official representatives and spokesmen for the Department of Justice, and reads as follows:

Dean and Tracy,

As I believe you are already aware, the statute of limitation on criminal charges including, notably, obstruction of justice for the destruction of evidence, are about to expire. The destruction appears to have occurred on or about November 8, 2005 and there is a five year statute on most all of the general crimes that could possibly be under investigation by John Durham. No competent prosecutor would have waited this long to file charges if he intended to do so, but there are still a couple of days left; what is the status?

Secondly, I would like to point out that should you be thinking about relying on some rhetoric that Mr. Durham simply cannot find any crimes to prosecute and/or that there were no proceedings obstructed, it is intellectually and legally impossible to not consider the tapes to be evidence, and as they almost certainly exhibit torture to some degree and to some part they would almost certainly be exculpatory evidence, in the cases of Abu Zubaydah and al-Nashiri themselves. The United States government continues to detain these individuals and they have charges that will putatively be brought against them in some forum (civil or tribunal), Habeas rights and/or indefinite detention review processes that will occur in the future.

In short, there exist not just the potential, but the necessity, of future proceedings, and agents of, or on behalf of, the United States government have destroyed material, and almost certainly exculpatory, evidence. Crimes have been committed. At a bare root minimum, it is crystal clear Jose Rodriquez has clear criminal liability; there are, without question, others culpable too. What is the status?

If the DOJ does not intend to proceed in any fashion on these clear crimes, please provide me with some intellectually consistent explanation for why the US government is covering up, and refusing to prosecute, the criminal acts of its own employees and agents.

Thank you.

bmaz
emptywheel.com and firedoglake.com

If there is any worthwhile or meaningful response, I will advise.

Mason, another contributor at FDL, also contacted the DOJ via e-mail:


November 5, 2010

Mr. Eric H. Holder, Jr.
Attorney General of the United States
United States Department of Justice
950 Pennsylvania Avenue, NW
Washington, DC 20530-0001

Mr. John Durham
First Assistant United States Attorney
District of Connecticut
450 Main Street
Room 328
Hartford, CT 06103

Ms. Tracy Schmaler
Deputy Director
Office of Public Affairs
United States Department of Justice
950 Pennsylvania Avenue, NW
Washington, DC 20530-0001

Mr. Dean Boyd
Public Affairs Specialist
Office of Public Affairs
United States Department of Justice
950 Pennsylvania Avenue, NW
Washington, DC 20530-0001

Dear Mr. Attorney General Holder,

The five-year statute of limitations, within which to initiate a prosecution against a person who intentionally destroyed CIA tape recordings of individuals who were being tortured by U.S. officials while in U.S. custody, expires on Monday, November 8, 2010. As a retired law professor, former criminal defense attorney, and defender of the Constitution, Bill of Rights, and the Rule of Law for more than thirty years, I am extremely concerned by the absence of an indictment or complaint charging anyone with destroying the 92 missing tapes and the absence of any official explanation regarding why.

I should not have to remind or explain to anyone at the Department of Justice that “looking forward, not backward,” is a political policy and not a rule of law. I am not alone when I characterize the policy as an intentional obstruction of justice by concealing evidence of a crime, which is the same crime, by the way, that was committed by the person or persons who destroyed the tapes. As you well know, obstruction of justice and conspiracy to obstruct justice are federal felonies and impeachable offenses.

The Department of Justice’s silence is deafening. I cannot think of any reason why the department has not indicted anyone yet or officially announced why it decided against seeking an indictment. Under the circumstances, I cannot imagine that a grand jury would have refused to return an indictment, so what is going on?

A little over 60 years ago, Justice Jackson of the United States Supreme Court prosecuted and convicted German officials for war crimes, including torture, and crimes against humanity. He did not “look forward, not backward,” to avoid his responsibility to uphold the rule of law. He accepted the responsibility and so should the Department of Justice.

Sincerely,

____________________________
Frederick D. Leatherman, Jr.
Professor of Law

Waiting for a reply..........

[Solly Mack]

1. "Have we reached the point where the rule of law no longer has any relevance?"

Already reached it and ah...moved on. (snort)


K&R

[de novo]

2. C'mon! We're looking forward.

And it's a goddamned shame. Justice is lost. Exposing the crimes of the bush cartel would have helped the Dems this year. Too bad they are so timid.

[Poboy]

3. We have to 'look forward'...to more TORTURE! -nt

[baldguy]

4. And isn't it convenient that Bush's confession to war crimes is released tomorrow.

[Poboy]

7. Yes...its like a planned marketing rollout of absolution, and bragging about getting away with it.

[derby378]

16. He'll be signing copies of his book at a Dallas bookstore tomorrow

In crayon, I'm sure, and under heavily armed guard. I understand they're installing a full-body scanner at the bookstore for the occasion.

[Divine Discontent]

31. damn... a sorta, 'I win & you lose', slap in the face to the rule of law. Justice was dealt a

painful blow when they sat on their hands concerning whether or not the war criminals should be held accountable.

[JDPriestly]

5. K&R.

[flyarm]

6. I was just touring East Berlin and the Wall..what is left of it &Berlin's Topography of Terror

I was just touring East Berlin and the Wall..what is left of it &Berlin's Topography of Terror
Berlin's Topography of Terror Museum..

The most profound thing that struck me in the Museum was the continual reference about Hitler and the build up to the Nazi Regime, the SS and the Reich was the destruction of the "Rule of Law".

The silencing of The People with propaganda, and intimidation with the aide of the destruction of the Rule of Law.

Anyone who accepts the destruction of our Rule of Law will be complicit in the destruction of Democracy as we know it.

History proves that to us!

To ignore it, is to repeat it, at everyone's peril.

I wish every American could visit this museum, it sits on the former sight of the Gestapo Headquarters in Berlin. It would make us all appreciate "Rule of Law" and our Constitution and recognise the constant propaganda we are subjected to and the dangers of the destruction of Rule of Law and our Constitution! If we all saw this, I believe no one would allow any Rule of Law be ignored.

I felt very strongly before seeing this Museum about Rule of Law..many of my posts here I have repeatedly said such..I feel even more strongly after visiting this museum, that anyone who would tell me the watering down of any Rule of Law in this country is OK..I would want to spit in their faces!
And I mean that!

It is too late when protections of the weak or non powerful are gone.. we the people need to wake the hell up!! Today is not soon enough!!

( i am reposting this from another thread I posted this on..)

[defendandprotect]

26. Excellent point ... wish our President and AG agreed with us -- !!!

[The Backlash Cometh]

8. I think we need to put an end to statute of limitations.

When you have lawyers who are motivated to tell lies in order to protect their reputations and they know they just have to ride out the statute of limitations, it can lead to some pretty nasty community dynamics.

[DCKit]

14. Especially when they're directly linked to war crimes.

That alone should nullify the statute.

[ThomCat]

9. Thank you so much, Obama for restoring the rule of law.

I'm so glad you investigated and prosecuted these charges that the CIA tortured on a large scale and then destroyed evidence to cover it up.
I'm so glad you investigated and prosecuted all of those charges of war crimes.
I'm so glad you investigated and prosecuted lies told to congress to convince them to approve 2 wars.
I'm so glad you investigated and prosecuted warrant-less wiretapping and domestic spying.
I'm so glad you investigated and prosecuted claims that torture by the military was systematic and routine.
I'm so glad got rid of military tribunals and restored real courts with real laws
I'm so glad you kept your promise and closed Guantanamo, and Bagram prison too, and barred the CIA from operating black-site prisons anywhere.
I'm so glad you restored our adherence to the Geneva conventions.
I'm so glad you ratified the international criminal court statute. We have been signatories since it's inception, but we were one of only two signing countries that then refused to ratify. Us and Russia. The rest of the world was starting to think we didn't want to be subject to international legal scrutiny.

Yes, thank you so much for restoring the rule of law! It as one of your most important campaign promises.

:sarcasm: in case it's necessary.

[azul]

11. The president and DOJ must take their orders from the pentagon.

How else would you explain this shocking acceptance of state terrorism?

The Empire strikes out.

[ThomCat]

12. We keep hearing how he is fighting constantly with the pentagon

for control over policy and control over the wars. If that's true, then he's an inept and easily bullied CiC. Or maybe the Pentagon has been given so much institutional power year after year that they really do think they can challenge the president and get away with it.

I think it's a bit of both. We've seen repeatedly that Obama isn't the most courageous guy in D.C. I'm sure the pentagon does walk all over him. But I bet they do have a lot of institutional power they shouldn't have too.

Either way, it's scary as hell to think that our President can't control the military, and can't hold them responsible after they've lost control.

[grahamhgreen]

29. +1

[readmoreoften]

32. Yes, the sarcasm is necessary.

[truth2power]

33. That's the most important thing that rankles, about Obama. Every time

one of the Obama supporters talks about how we "wanted a pony blah blah" I get angry.

I don't care about what legislation he passed, this tells me all I need to know about his character.

I want answers. I want to know what's still going on at Bagrahm Prison.

[progressoid]

10. Our powder is really dry.

[slipslidingaway]

13. knr nt

[Gin]

15. now I know why he admitted to torture...god...this brings

all the sickening feelings I had during his reign of terror..

[slipslidingaway]

20. It is sickening and now we get to watch George promote his book. n/t

[fantaztico]

17. Justice has been dealt a blow

sad.

[Solly Mack]

18. Kick

[Javaman]

19. Don't worry...

there will suddenly be a last minute ruling of some sort regarding states secrets, blah blah blah and Obama will go on record as saying that while the information should be open to the public, he can't stand in the way of the law/ruling.

I put the jade in jaded.

[spanone]

21. cheney is having a toast tonight....

[leftstreet]

22. K&R

[TheKentuckian]

23. Remember when we thought we might be winning?

There is no acceptable explanation, the government is completely compromised to powers beyond justice or control of the people, such a poison cannot be tolerated.

[Rex]

24. Well ya see...um...er...well what happened is, hmmm

how to spin this, how to spin this...nah can't do it. Maybe you can find a moderate that can explain it to you.

[Billsmile]

28. We're Currently Not Waiting For Superman.

The phrase, "Truth, justice, & the American Way" has lost all meaning. Superman's values have met oligarchial kryptomite.

[defendandprotect]

25. What rule of law we ever had has been destroyed for the benefit of elites and

control of the public/society --

And for Empire --

[Jakes Progress]

27. Whew. The administration is glad that date is passing.

[Jefferson23]

30. Waiting for a reply? Don't hold your breath professor. n/t

[seafan]

34. Just a passing update: DOJ declines to prosecute in CIA torture tape destruction.

Once again, evil flourishes.


November 10, 2010

WASHINGTON — Central Intelligence Agency officials will not face criminal charges for the destruction of dozens of videotapes depicting the brutal interrogation of terrorism suspects, the Justice Department said Tuesday.

After a closely watched investigation of nearly three years, the decision by a special federal prosecutor is the latest example of Justice Department officials’ declining to seek criminal penalties for some of the controversial episodes in the C.I.A.’s now defunct detention and interrogation program.

.....

Meanwhile, the right wing cranks up the whitewashing machine to sanitize the legacy of their war criminal deity.

[Solly Mack]

35. Thanks!