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The Central Intelligence Agency faced the threat of
obstruction-of-justice investigations on Friday from both the Justice
Department and congressional committees over the destruction of
videotapes of interrogations of Qaeda operatives.
The Justice
Department said it would review calls for a formal inquiry into the
destruction of the tapes, while the House and Senate intelligence
committees said they were opening investigations of their own into the
episode, which Senator John Rockefeller IV of West Virginia, chairman
of the Senate panel, called "extremely disturbing."
Dana
Perino, the White House spokeswoman, said Friday that President George
W. Bush "has no recollection of being made aware of the tapes or their
destruction" before this week. She added that the CIA and the White
House counsel's office were reviewing the facts and that they would
cooperate with any Justice Department inquiry.
The pressure
for a full investigation into the handling of the tapes puts Attorney
General Michael Mukasey in a difficult position early in his tenure
because of the questions that arose at his confirmation hearings in
October about his views on harsh CIA interrogation tactics.
The
American Civil Liberties Union and other liberal groups on Friday
called for the appointment of an outside counsel to examine possible
criminal acts by the CIA, arguing that the Justice Department had
proved unable in the past to adequately investigate claims of prisoner
abuse against the administration.
The tapes, which showed severe interrogation methods against two
operatives from Al Qaeda, Abu Zubaydah and Abd al-Rahim al-Nashiri,
were made in 2002 and destroyed in 2005, the CIA acknowledged this week
after being questioned about the issue by The New York Times. The
agency said the tapes were destroyed in part to protect the identities
of the interrogators.
Meanwhile, the former chairmen of the
Sept. 11 commission, who said the CIA assured them repeatedly during
their inquiry that no original material existed from its interrogations
of Qaeda figures, said they were furious to learn about the tapes.
The CIA indicated that the Sept. 11 commission never specifically asked for any tape recordings of prisoner interrogations.
But
in separate interviews on Friday, the co-chairmen, Thomas Kean and Lee
Hamilton, said they had made clear in hours of negotiations and
discussions with the CIA, as well as in written requests, that they
wanted all material connected to the interrogations of Qaeda operatives
in the agency's custody in order to get a complete understanding of the
events leading up to the Sept. 11 attacks for their 2004 report.
The
commission ended up getting summaries of interrogation reports and was
able to forward questions of its own for CIA officers to ask the
prisoners.
"The CIA certainly knew of our interest in getting
all the information we could on the detainees, and they never indicated
to us there were any videotapes," Hamilton said. "Did they obstruct our
inquiry? The answer is clearly yes. Whether that amounts to a crime,
others will have to judge."
Kean said, "I'm upset that they didn't tell us the truth."
The
existence of material on unidentified Qaeda detainees also became a
central issue in the terrorism prosecution of Zacarias Moussaoui, who
sought access to witness statements in an effort to show that he did
not have advance knowledge of the Sept. 11 attacks.
The
Justice Department, under questioning from the federal judge in the
case in 2005, denied that any tape recording of the interrogations
existed, only to concede last month that the CIA had found three tapes
that are apparently still in existence. It is unclear which Qaeda
figures are on those tapes.
Edward MacMahon Jr., who
represented Moussaoui during his trial in 2006, said in an interview on
Friday that based on the CIA's acknowledgment that tapes of two Qaeda
prisoners were destroyed, "It's obvious to me that they destroyed
material evidence in the case."
General Michael Hayden, the
director of the CIA, said in a statement on Thursday that the tape of
Zubaydah's interrogation was not relevant to the Moussaoui trial. But
MacMahon said, "General Hayden isn't a federal judge, and that's not
his decision to make."
Perino said President George W. Bush "has complete confidence" in Hayden and his handling of the issue.
With
calls from House and Senate Democrats for a full investigation, the
White House seemed to be bracing for an investigation from the Justice
Department by initiating an inquiry of its own through the White House
counsel's office. The aim, Perino said, is to "gather facts."
The Justice Department said that it was reviewing the requests from
Congress for a full investigation. A senior Justice Department
official, who spoke about internal deliberations on condition of
anonymity, suggested that the department would be likely to wait for a
referral from the CIA inspector general.
Key questions in
Justice Department or congressional inquiries are likely to focus on
the CIA's policies on the destruction of classified material; the legal
rationale for destroying the tapes; the status of requests pending at
the time of the destruction from Moussaoui's lawyers, the Sept. 11
commission and other proceedings; and what members of Congress were
told about the tapes.
With Democrats seizing on the
destruction of the tapes, some leading Republicans appeared to distance
themselves from the political fallout. Representative Peter Hoekstra of
Michigan, the top Republican on the intelligence committee, sent a
letter to the CIA, along with Representative Silvestre Reyes of Texas,
chairman of the panel, saying the agency's suggestion that the
committee was told of the tapes' destruction "simply is not true."
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