Instead of rolling over and playing dead for the DoJ, Kennedy ordered the attorneys to appear before him at 11:00 a.m. Friday. He offered no hint at what he might ask the attorneys, or why the order was issued.
Judge Kennedy is not likely to be too inclined toward sympathy for the administrations position, however - in 2005, he personally issued the order to the administration to maintain "all evidence and information regarding the torture, mistreatment, and abuse of detainees now at the United States Naval Base at Guantanamo Bay."
Five months after Kennedy's original order was issued, the CIA destroyed the videos anyway, and DoJ threw up a feeble smokescreen, asserting that the videos weren't covered, since the interrogation didn't take place at Guantanamo, but instead was conducted at a secret CIA "black site" in Thailand.
So now we have one pissed-off Federal Judge, and pressure mounting for a Special Prosecutor to look into the matter. And an issue that is not going to go away any time soon.