The destruction of the CIA interrogation videos in 2005 that Fein referenced there seems particularly malicious — plainly criminal — in light of the new documents obtained yesterday from the CIA by the ACLU. One of those documents — an August 4, 2004 CIA memo (.pdf) — explicitly warns “of possible future judicial review of the Program and of these issues,” meaning the CIA’s interrogation methods and the legality of the Bush administration’s behavior. Destroying evidence relevant to a future criminal proceeding is the very definition of obstruction of justice — a crime for which ordinary people are regularly prosecuted and imprisoned — yet we have the Cass Sunsteins of the world, speaking on behalf of our political and media class, insisting that it would be terribly unfair and disruptive to treat any of this as a criminal matter (and — as is true for many of the episodes of Bush lawbreaking — key Congressional Democrats were briefed on the possible destruction of the interrogation videos as well).
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