Another Day, Another Delay
Judge Henry Kennedy, about whom we had so much hope earlier this week , declined this afternoon to immediately hold a hearing to determine why the CIA reportedly destroyed evidence he ordered preserved. It seems at least partly like the fault of the detainees' lawyers, whose best argument was "we can't trust them" when asked why the Mukasey investigation shouldn't be allowed to continue. While that works great in political circles, it's basically telling a judge that the other lawyer is planning on violating the law (and a complete no-no in court, I'm told) and isn't going to fly as a legal argument. Plus, it's not a great response to a whole list of technical legal arguments brought up by the government. Like, seriously? If you want to win instead of just get on TV, how about spending more time on your briefs and less making political points for the teevee cameras. Otherwise, we're all probably going to lose. [ NY Times ]
