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	<title>Comments on: Lawyering the Torture Tapes</title>
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		<title>By: DeadLast</title>
		<link>http://emptywheel.firedoglake.com/2007/12/19/lawyering-the-torture-tapes/comment-page-1/#comment-39486</link>
		<dc:creator>DeadLast</dc:creator>
		<pubDate>Wed, 19 Dec 2007 22:32:46 +0000</pubDate>
		<guid isPermaLink="false">http://emptywheel.firedoglake.com/2007/12/19/lawyering-the-torture-tapes/#comment-39486</guid>
		<description>&lt;p&gt;“Now who do you think would want to pin this on poor Harriet?”&lt;/p&gt;
&lt;p&gt;Nobody knows the trouble I’ve seen, nobody knows but Jesus!&lt;/p&gt;</description>
		<content:encoded><![CDATA[<p>“Now who do you think would want to pin this on poor Harriet?”</p>
<p>Nobody knows the trouble I’ve seen, nobody knows but Jesus!</p>
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		<title>By: Mary</title>
		<link>http://emptywheel.firedoglake.com/2007/12/19/lawyering-the-torture-tapes/comment-page-1/#comment-39467</link>
		<dc:creator>Mary</dc:creator>
		<pubDate>Wed, 19 Dec 2007 20:17:09 +0000</pubDate>
		<guid isPermaLink="false">http://emptywheel.firedoglake.com/2007/12/19/lawyering-the-torture-tapes/#comment-39467</guid>
		<description>&lt;p&gt;75 - *g* &lt;/p&gt;
&lt;p&gt;76 - imbeciles, or co-conspirators with a vested interest.   &lt;/p&gt;</description>
		<content:encoded><![CDATA[<p>75 &#8211; *g* </p>
<p>76 &#8211; imbeciles, or co-conspirators with a vested interest.   </p>
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		<title>By: bmaz</title>
		<link>http://emptywheel.firedoglake.com/2007/12/19/lawyering-the-torture-tapes/comment-page-1/#comment-39421</link>
		<dc:creator>bmaz</dc:creator>
		<pubDate>Wed, 19 Dec 2007 18:03:14 +0000</pubDate>
		<guid isPermaLink="false">http://emptywheel.firedoglake.com/2007/12/19/lawyering-the-torture-tapes/#comment-39421</guid>
		<description>&lt;p&gt;Yes to all that; and, not to mention, any experienced and ethical lawyer in his or her right mind responding to this question would cover his and his perceived clients ass up one side and down the other by noting and warning of contingencies that could be, or come into, play.  For instance, you know, like there could be court cases pending or that potentially could be filed, as well as the cases of the tortured individuals themselves.  The argument that there was no reason not to destroy the tapes is just fucking moronic.  Only an imbecile would even hesitate before falling on the floor laughing at this position.&lt;/p&gt;</description>
		<content:encoded><![CDATA[<p>Yes to all that; and, not to mention, any experienced and ethical lawyer in his or her right mind responding to this question would cover his and his perceived clients ass up one side and down the other by noting and warning of contingencies that could be, or come into, play.  For instance, you know, like there could be court cases pending or that potentially could be filed, as well as the cases of the tortured individuals themselves.  The argument that there was no reason not to destroy the tapes is just fucking moronic.  Only an imbecile would even hesitate before falling on the floor laughing at this position.</p>
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		<title>By: DeeLuzon</title>
		<link>http://emptywheel.firedoglake.com/2007/12/19/lawyering-the-torture-tapes/comment-page-1/#comment-39411</link>
		<dc:creator>DeeLuzon</dc:creator>
		<pubDate>Wed, 19 Dec 2007 17:46:54 +0000</pubDate>
		<guid isPermaLink="false">http://emptywheel.firedoglake.com/2007/12/19/lawyering-the-torture-tapes/#comment-39411</guid>
		<description>&lt;p&gt;will no one rid me of those meddlesome tapes?&lt;/p&gt;</description>
		<content:encoded><![CDATA[<p>will no one rid me of those meddlesome tapes?</p>
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		<title>By: selise</title>
		<link>http://emptywheel.firedoglake.com/2007/12/19/lawyering-the-torture-tapes/comment-page-1/#comment-39398</link>
		<dc:creator>selise</dc:creator>
		<pubDate>Wed, 19 Dec 2007 17:07:38 +0000</pubDate>
		<guid isPermaLink="false">http://emptywheel.firedoglake.com/2007/12/19/lawyering-the-torture-tapes/#comment-39398</guid>
		<description>&lt;blockquote&gt;&lt;p&gt;I am not joking in the least this time (I fully admit my reputation). I also heard someone say, on either CNN or MSNBC, that “this is really going to throw their document programs into disarray”. or close thereto.&lt;/p&gt;&lt;/blockquote&gt;
&lt;p&gt;it wasn’t your reputation - it was the last few years of the bush administration that has me unable to tall truth from fiction. *g*&lt;/p&gt;
&lt;p&gt;and of course my power goes out - again - so have no clue what’s going on and am going to try to catch up now. sounds like the shit is hitting the fan (fingers crossed)&lt;/p&gt;</description>
		<content:encoded><![CDATA[<blockquote><p>I am not joking in the least this time (I fully admit my reputation). I also heard someone say, on either CNN or MSNBC, that “this is really going to throw their document programs into disarray”. or close thereto.</p>
</blockquote>
<p>it wasn’t your reputation &#8211; it was the last few years of the bush administration that has me unable to tall truth from fiction. *g*</p>
<p>and of course my power goes out &#8211; again &#8211; so have no clue what’s going on and am going to try to catch up now. sounds like the shit is hitting the fan (fingers crossed)</p>
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		<title>By: Mary</title>
		<link>http://emptywheel.firedoglake.com/2007/12/19/lawyering-the-torture-tapes/comment-page-1/#comment-39384</link>
		<dc:creator>Mary</dc:creator>
		<pubDate>Wed, 19 Dec 2007 16:27:06 +0000</pubDate>
		<guid isPermaLink="false">http://emptywheel.firedoglake.com/2007/12/19/lawyering-the-torture-tapes/#comment-39384</guid>
		<description>&lt;p&gt;No time to read through all the comments and this point has probably already been made, but there is no way that Herms and Eatinger were doing anything other than deliberately obstructing justice if they gave the ok to destroy those tapes and there’s no way around that, specific knowledge of specific details of various court orders notwithstanding, as long as they knew what was on the tapes.  If they didn’t know what was on the tapes and gave an ok to destroy them, then it is so disingenuous and such a breach of any standards of due diligence to do such a thing, that imo even that wouldn’t get them off that hook.&lt;/p&gt;
&lt;p&gt;Knowledge of details of orders or not, here’s what was public knowledge in 2005.&lt;br /&gt;
A.  John Ashcroft and Larry Thompson were being sued by a rendition/torture victim, Arar, under the Torture Victims Act.&lt;br /&gt;
B.  Jose Padilla had been picked up on an arrest warrant and his lawyers had immediately and publically claimed that one of the sources for the warrant was Zubaydah and that he had been tortured and there were motions on voiding the arrest warrant as unconstitutionally issued based on tortured statements.&lt;br /&gt;
C.  Moussaoui had been publically claiming that Zubaydah could exonerate him and that Zubaydah was being tortured.&lt;br /&gt;
D.  All kinds of groups and members of Congress were asking for information on torture.&lt;br /&gt;
E.  The US has something called the War Crimes Act and is a party to the Torture Conventions and enables that in part through the Torture Victims Act and those statutes were implicated by the tapes and claims under those statutes were being actively, openly and publically pursued&lt;br /&gt;
F. Men in at LEAST TWO pending cases in the US, Moussaoui and Padilla, had specifically raised Zubaydah and his interrogation in  their cases.&lt;/p&gt;
&lt;p&gt;I’m very sorry to tell Herms and Eatinger this, but whether they knew of the specifics of orders or not, with all that (and more, there was the Comey Padilla press conference and their evidence from those tapes that he had misrepresented to the American public, the threats from an FBI to arrest CIA interrogators, the very public claims by FBI Agent Coleman about torture, etc.) there was not one question but that destruction would be obstruction.&lt;/p&gt;
&lt;p&gt;Not only that, but to the extent anyone actually believed the lies of people like Ashcroft, Tenet, Bush, Comey, Cheney, etc.  about the “important intelligence” then destruction of the tapes was putting national security completely at risk.  That’s a different concern than the very clear and very violated standards on obstruction of justice by destruction of evidence that would be important in several pending cases, but it is still a factor.  If the info had a claim of classification, then how could destruction of classified info not be a crime unless it was appropriately authorized?  If the “classifed” information from the “harsh interrogation” was all generated at the order of the Executive, then its the Executive who has to make the decision on what happens.  What corporate lawyer would tell an VP that he can destroy files specifically ordered created and kept by the CEO, without getting an ok from the CEO? &lt;/p&gt;
&lt;p&gt;And btw, why was Rizzo not giving out directives for documents to be preserved as any good lawyer does even prior to any court order bc of the knowledge that it doesn’t take violation of a court order to be guilty of obstruction.  It’s the first thing a lawyer who doesn’t want to be caught in obstruction claims does.  You tell your clients - do not destroy anything.  You don’t wait for a court order and then tell only some people, here and there, that it might be ok to destroy or it might not, you have no real opinion on it. &lt;/p&gt;
&lt;p&gt;Not one believable shred in claims that lawyers would have had any valid reason to think they were doing anything other than conspiring at obstruction when they ok’d destruction and that doesn’t need active knowledge of an existing court order.  Then there is the constructive knowlege issue as well and Rizzo’s culpability if he didn’t issue a no destruction notice.&lt;/p&gt;</description>
		<content:encoded><![CDATA[<p>No time to read through all the comments and this point has probably already been made, but there is no way that Herms and Eatinger were doing anything other than deliberately obstructing justice if they gave the ok to destroy those tapes and there’s no way around that, specific knowledge of specific details of various court orders notwithstanding, as long as they knew what was on the tapes.  If they didn’t know what was on the tapes and gave an ok to destroy them, then it is so disingenuous and such a breach of any standards of due diligence to do such a thing, that imo even that wouldn’t get them off that hook.</p>
<p>Knowledge of details of orders or not, here’s what was public knowledge in 2005.<br />
A.  John Ashcroft and Larry Thompson were being sued by a rendition/torture victim, Arar, under the Torture Victims Act.<br />
B.  Jose Padilla had been picked up on an arrest warrant and his lawyers had immediately and publically claimed that one of the sources for the warrant was Zubaydah and that he had been tortured and there were motions on voiding the arrest warrant as unconstitutionally issued based on tortured statements.<br />
C.  Moussaoui had been publically claiming that Zubaydah could exonerate him and that Zubaydah was being tortured.<br />
D.  All kinds of groups and members of Congress were asking for information on torture.<br />
E.  The US has something called the War Crimes Act and is a party to the Torture Conventions and enables that in part through the Torture Victims Act and those statutes were implicated by the tapes and claims under those statutes were being actively, openly and publically pursued<br />
F. Men in at LEAST TWO pending cases in the US, Moussaoui and Padilla, had specifically raised Zubaydah and his interrogation in  their cases.</p>
<p>I’m very sorry to tell Herms and Eatinger this, but whether they knew of the specifics of orders or not, with all that (and more, there was the Comey Padilla press conference and their evidence from those tapes that he had misrepresented to the American public, the threats from an FBI to arrest CIA interrogators, the very public claims by FBI Agent Coleman about torture, etc.) there was not one question but that destruction would be obstruction.</p>
<p>Not only that, but to the extent anyone actually believed the lies of people like Ashcroft, Tenet, Bush, Comey, Cheney, etc.  about the “important intelligence” then destruction of the tapes was putting national security completely at risk.  That’s a different concern than the very clear and very violated standards on obstruction of justice by destruction of evidence that would be important in several pending cases, but it is still a factor.  If the info had a claim of classification, then how could destruction of classified info not be a crime unless it was appropriately authorized?  If the “classifed” information from the “harsh interrogation” was all generated at the order of the Executive, then its the Executive who has to make the decision on what happens.  What corporate lawyer would tell an VP that he can destroy files specifically ordered created and kept by the CEO, without getting an ok from the CEO? </p>
<p>And btw, why was Rizzo not giving out directives for documents to be preserved as any good lawyer does even prior to any court order bc of the knowledge that it doesn’t take violation of a court order to be guilty of obstruction.  It’s the first thing a lawyer who doesn’t want to be caught in obstruction claims does.  You tell your clients &#8211; do not destroy anything.  You don’t wait for a court order and then tell only some people, here and there, that it might be ok to destroy or it might not, you have no real opinion on it. </p>
<p>Not one believable shred in claims that lawyers would have had any valid reason to think they were doing anything other than conspiring at obstruction when they ok’d destruction and that doesn’t need active knowledge of an existing court order.  Then there is the constructive knowlege issue as well and Rizzo’s culpability if he didn’t issue a no destruction notice.</p>
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		<title>By: phred</title>
		<link>http://emptywheel.firedoglake.com/2007/12/19/lawyering-the-torture-tapes/comment-page-1/#comment-39382</link>
		<dc:creator>phred</dc:creator>
		<pubDate>Wed, 19 Dec 2007 16:24:16 +0000</pubDate>
		<guid isPermaLink="false">http://emptywheel.firedoglake.com/2007/12/19/lawyering-the-torture-tapes/#comment-39382</guid>
		<description>&lt;p&gt;I suppose once one begins destroying evidence (emails, tapes, god-knows-what run through Cheney’s renta-shredder, etc.) it becomes difficult to stop.  Arson’s just another tool of the trade.&lt;/p&gt;
&lt;p&gt;And EW, it was a &lt;a href=&quot;http://ap.google.com/article/ALeqM5iOjt0Di9IUgV8__kW47m079mYcMwD8TJG67O0&quot; rel=&quot;nofollow&quot;&gt;small chemical explosion&lt;/a&gt; at the FOX News building on Monday, a chemical used in the heating and cooling system fell on the floor and mixed with something else — sounds like the worker bee involved dropped the stuff by accident.&lt;/p&gt;</description>
		<content:encoded><![CDATA[<p>I suppose once one begins destroying evidence (emails, tapes, god-knows-what run through Cheney’s renta-shredder, etc.) it becomes difficult to stop.  Arson’s just another tool of the trade.</p>
<p>And EW, it was a <a href="http://ap.google.com/article/ALeqM5iOjt0Di9IUgV8__kW47m079mYcMwD8TJG67O0" rel="nofollow">small chemical explosion</a> at the FOX News building on Monday, a chemical used in the heating and cooling system fell on the floor and mixed with something else — sounds like the worker bee involved dropped the stuff by accident.</p>
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		<title>By: emptywheel</title>
		<link>http://emptywheel.firedoglake.com/2007/12/19/lawyering-the-torture-tapes/comment-page-1/#comment-39377</link>
		<dc:creator>emptywheel</dc:creator>
		<pubDate>Wed, 19 Dec 2007 16:11:34 +0000</pubDate>
		<guid isPermaLink="false">http://emptywheel.firedoglake.com/2007/12/19/lawyering-the-torture-tapes/#comment-39377</guid>
		<description>&lt;p&gt;MadDog&lt;/p&gt;
&lt;p&gt;Absolutely agree about that. But we’re trying to guess where a fire is based on the organization of the office. I suspect that Addington took over Libby’s office, but that’s just a guess.&lt;/p&gt;</description>
		<content:encoded><![CDATA[<p>MadDog</p>
<p>Absolutely agree about that. But we’re trying to guess where a fire is based on the organization of the office. I suspect that Addington took over Libby’s office, but that’s just a guess.</p>
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		<title>By: MadDog</title>
		<link>http://emptywheel.firedoglake.com/2007/12/19/lawyering-the-torture-tapes/comment-page-1/#comment-39373</link>
		<dc:creator>MadDog</dc:creator>
		<pubDate>Wed, 19 Dec 2007 16:02:55 +0000</pubDate>
		<guid isPermaLink="false">http://emptywheel.firedoglake.com/2007/12/19/lawyering-the-torture-tapes/#comment-39373</guid>
		<description>&lt;p&gt;Dang, EW has a memory like a computer. *g*&lt;/p&gt;
&lt;p&gt;Ok, ok, Addington was never &lt;i&gt;formally&lt;/i&gt; Deadeye’s NSA. My bad. *g*&lt;/p&gt;
&lt;p&gt;But with Addington’s previous duty as assistant general counsel of the CIA, he probably never skimps on offering Deadeye NS advice (Heck yes Mr. VP, we gotta destroy our copies of the CIA interrogation tapes ’cause it will eventually leak. Everything always does. Shall I light the match or would you like the pleasure?).&lt;/p&gt;</description>
		<content:encoded><![CDATA[<p>Dang, EW has a memory like a computer. *g*</p>
<p>Ok, ok, Addington was never <i>formally</i> Deadeye’s NSA. My bad. *g*</p>
<p>But with Addington’s previous duty as assistant general counsel of the CIA, he probably never skimps on offering Deadeye NS advice (Heck yes Mr. VP, we gotta destroy our copies of the CIA interrogation tapes ’cause it will eventually leak. Everything always does. Shall I light the match or would you like the pleasure?).</p>
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		<title>By: bmaz</title>
		<link>http://emptywheel.firedoglake.com/2007/12/19/lawyering-the-torture-tapes/comment-page-1/#comment-39372</link>
		<dc:creator>bmaz</dc:creator>
		<pubDate>Wed, 19 Dec 2007 16:02:42 +0000</pubDate>
		<guid isPermaLink="false">http://emptywheel.firedoglake.com/2007/12/19/lawyering-the-torture-tapes/#comment-39372</guid>
		<description>&lt;p&gt;I thought you responded to some Leonard comment of mine last week that he had 40 hours left or something to that effect.  I now look it up and he leaves effective at the end of year.  My bad.&lt;/p&gt;</description>
		<content:encoded><![CDATA[<p>I thought you responded to some Leonard comment of mine last week that he had 40 hours left or something to that effect.  I now look it up and he leaves effective at the end of year.  My bad.</p>
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