Tapes were also made of another early CIA detainee, Abd al-Rahim al-Nashiri, who arrived in October.
Representatives Porter Goss (who later served as CIA Director) and Jane Harman thought that would be politically and legally risky.
Muller, representing the CIA, met with Alberto Gonzales, David Addington and John B. Bellinger III.
[1] The AP reported that, as both lawyers knew of standing orders from the White House not to destroy the tapes, neither thought Rodriguez would immediately act based on their advice.
[12] From May to November 2005, Judge Leonie Brinkema was also pressuring the CIA to turn over any videotapes of detainee interrogations as evidence in the trial against Moussaoui.
"[14] The ACLU claimed that at the time they were destroyed, the tapes should have been turned over according to a federal court order to comply with a FOIA request for information about interrogations.
[3][15] On December 6, 2007, The New York Times advised the Bush administration that they had acquired, and planned to publish, information about the destruction of tapes made of Zubaydah's interrogation, believed to show instances of waterboarding and other forms of possible torture.
"I told the CIA that destroying videotapes of interrogations was a bad idea and urged them in writing not to do it," Harman stated.
[17][18] Attorney General Michael Mukasey announced the appointment of Connecticut federal prosecutor John Durham to start a criminal investigation of the destruction of the tapes on January 2, 2008.
[4][11][14][16] Hayden stated that the tapes were destroyed "only after it was determined they were no longer of intelligence value and not relevant to any internal, legislative, or judicial inquiries.
"[14] In February 2009, the Obama administration revealed that the CIA had destroyed ninety-two videotapes that contained hundreds of hours of the interrogations.