While the President insists that he has “no recollection” of being told about the plan to destroy CIA interrogation tapes, the White House admitted late Friday that former White House Counsel Harriet Miers knew.
ABC News reported that Miers encouraged them not to destroy the tapes. However, the question remains why the White House did not order the CIA to preserve the evidence. Miers was counsel to the President of the United States and was aware of a presumptively unlawful act of the destruction of evidence sought by Congress and courts, including the possible trial of these two detainees.
Like Democrats informed of the plan who remained silent for years, Miers appears to have protected herself by objecting but then doing nothing to prevent the misconduct. Lawyers are under an obligation to take action to prevent illegality, particularly when you hold a high governmental position such as White House counsel.
The Miers disclosure should also trigger question of whether the CIA general counsel and staff knew of the plan. Since the CIA has claimed that this was done in conformity with the law (and the White House counsel was notified), it seems likely that the general counsel was consulted. There is a compelling basis for a criminal investigation here and possible disbarment proceedings, in my view.
For the full story, click here