In the first public hearing on the issue, a federal judge today refused to immediately order an investigation into the destroyed CIA interrogation tapes. Lawyers for Yemeni nationals held at Guantanamo argued that the destruction violated a 2005 order by Judge Henry Kennedy, who ordered today's hearing. The White House countered that the order may not even apply to the prisoners in question, the Times reports.
Kennedy did not deny the request by the detainees' lawyers but said he would rule later. The administration argued that the Justice Department is investigating, moving the judge to ask, "Why should the court not permit the Department of Justice to do just that?" One lawyer for the prisoners retorted by comparing that to "leaving the fox in charge of the henhouse," the Washington Post reports.