Several judges are considering wading into the dispute over the videos, but U.S. District Judge Richard Roberts was the first to order the administration to provide a written report on the matter. The decision is a legal setback for the Bush administration, which has urged courts not to get involved.
The tapes showed harsh interrogation tactics used by CIA officers questioning al-Qaida suspects Abu Zubaydah and Abd Rahim Nashiri in 2002. The Justice Department and Congress are investigating the destruction of the tapes.
When they were destroyed, the government was under various court orders to retain evidence relevant to terrorism suspects at the U.S. detention center at Guantanamo Bay, Cuba. After it became public in December that the tapes had been destroyed, lawyers for several detainees went to court demanding to know more.
"There's enough there that it's worth asking" whether other videos or documents were also destroyed, attorney Charles Carpenter said. "I don't know the answer to that question, but the government does know the answer and now they have to tell Judge Roberts."
The Justice Department has warned that a judicial inquiry could jeopardize the criminal investigation. U.S. District Judge
Earlier this month, a federal judge in New York said destroying the tapes appeared to have violated his order in a case involving the American Civil Liberties Union. But U.S. District Judge Alvin Hellerstein has not yet said how he will rule.
Roberts issued a three-page ruling late Thursday siding with Carpenter, who represents Guantanamo Bay detainee Hani Abdullah. The judge said the lawyers had made a preliminary "showing that information obtained from Abu Zubaydah" was relevant to the detainee's lawsuit and should not have been destroyed.
Roberts said he wants a report by Feb. 14 explaining what the government has done to preserve evidence since his July 2005 court order, what it is doing now and whether any other potentially relevant evidence has been destroyed.
Justice Department spokesman Dean Boyd had no comment.