The Burden of Proof

On Monday, ACLU attorneys attended a meeting with the judge and opposing counsel on our Freedom of Information Act lawsuit, ACLU v. Department of Defense.

Today the judge issued an order that demands Special Prosecutor John Durham submit one more declaration (by September 10) explaining how and why the production of a catalog of information about the destroyed interrogation videos interferes with the DOJ’s criminal investigation. This information includes:

1. A list identifying and describing each of the destroyed records
2. A list of any summaries, transcripts, or memoranda regarding the records, and of any reconstruction of the records’ contents; and
3. Identification of any witnesses who may have viewed the videotapes or retained custody of the videotapes before their destruction.

At Monday’s meeting, the judge clearly stated that he did not believe this information would interfere.

For now, the judge deferred making a decision on the contempt issue, but appears to indicate that he wants to move forward. He has clearly expressed frustration with the government’s argument that his hands are tied because of the ongoing criminal investigation.

On Friday, attorney Amrit Singh will be a guest on Glenn Greenwald’s radio show discussing the ACLU’s contempt motion against the CIA. Check out Amrit’s interview and stay tuned as this case unfolds.