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U.S. Government Admits It Destroyed Videotape in Enemy Combatant Case

Submitted by davidswanson on Fri, 2008-05-02 16:50.

http://www.brennancenter.org

Yesterday the U.S. government admitted, for the first time, that officials destroyed videotapes that documented interrogations of Ali Almarri, the only alleged "enemy combatant" still detained on U. S. soil.

The admission surfaced in motion US attorneys filed in the District Court of South Carolina. Earlier this year the Defense Department acknowledged that recordings of approximately 50 interrogations of Jose Padilla and Ali Almarri were made at the Consolidated Naval Brig in South Carolina where Almarri has been detained, without charge and in isolation, for more than
five years.

Mr. Almarri's lawyers filed a motion asking the Court to preserve these tapes and to conduct a hearing into past destruction of evidence. In opposing this request, the government acknowledged that it had taped interrogation sessions with Mr. Almarri. In today's filings, government
lawyers stated that government officials decided "in good faith" to destroy the tapes because they believed they were no longer necessary for intelligence purposes.

So far, government officials have described only one tape, which shows Almarri being "manhandled" and resisting the forcible application of duct tape to his mouth and face.

Court papers filed today made it clear that the DIA still has videotapes of nine interrogation sessions. These have not been released to the public or to Almarri's attorneys.

The possibility of videotape evidence of what DOD officials call "harsh
interrogation" techniques could have an impact both inside and outside of
the courtroom. In declarations submitted to the court, the government says
the information linking Almarri to terrorist activity was obtained through
interrogation. Videotape depicting US agents subjecting Almarri to
unlawful
interrogation would cast doubt on the credibility of information thereby
obtained.

Beyond the courtroom, the videos in question could have an even bigger
impact: as is well known, photographs of Abu Ghraib prison played a big
part in galvanizing international censure against the tactics this country
deploys in its fight against terror. .

"The government's admission that it destroyed evidence in an ongoing
investigation is shocking enough," said Jonathan Hafetz, an attorney at
the
Brennan Center for Justice at NYU Law School, who is lead counsel for Mr.
Almarri. "The possibility that the government still has - and is
with-holding - videotapes that document interrogation procedures should is
mind-boggling, and offends those who respect due process and the rule of
law."

Mr. Almarri's response to the government's admissions is due on May 12.

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