C.I.A. Destroyed Tapes as Judge Sought Interrogation Data

By MARK MAZZETTI and SCOTT SHANE
New York Times

WASHINGTON — At the time that the Central Intelligence Agency destroyed videotapes of the interrogations of operatives of Al Qaeda, a federal judge was still seeking information from Bush administration lawyers about the interrogation of one of those operatives, Abu Zubaydah, according to court documents made public on Wednesday.

The court documents, filed in the case of Zacarias Moussaoui, appear to contradict a statement last December by Gen. Michael V. Hayden, the C.I.A. director, that when the tapes were destroyed in November 2005 they had no relevance to any court proceeding, including Mr. Moussaoui’s criminal trial.

It was already known that the judge in the case, Leonie M. Brinkema, had not been told about the existence or destruction of the videos. But the newly disclosed court documents, which had been classified as secret, showed the judge had still been actively seeking information about Mr. Zubaydah’s interrogation as late as Nov. 29, 2005.

The destruction of the tapes is under investigation by the Justice Department and Congress.

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