Litigation Support

Has anyone ever explained spoliation to the lawyers at the CIA? Not until today did it become reasonably clear that the CIA was in fact on notice that it was supposed to preserve the infamous torture tapes (including waterboarding) which have dominated the news. The ABA Journal reported today that a motion filed two days ago said that the CIA violated a protective order issued in June of 2005 requiring the government to preserve evidence regarding the torture and mistreatment of Guantanamo detainees. The New York Times has said the date of destruction of the tapes was November 2005 or later. It also reported that CIA lawyers gave written approval to destroy the videotapes.

If you read the cases involving spoliation of evidence, it is clear that judges are fed up with intentional spoliation. Let?s hope that this particularly egregious act of spoliation finds an angry judge who will hold the CIA lawyers (and higher-ups, if they were involved) responsible. Currently, the Justice Department and the CIA itself are investigating the matter. It, of course, makes perfect sense to allow the fox to investigate the murders in the henhouse. There have been numerous calls for an independent counsel to investigate this whole sorry affair - seems like a damn good idea.

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