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Justice acts to control tapes probe

The department says neither it nor the CIA will cooperate with congressional inquiries, angering lawmakers.

THE NATION

December 15, 2007|Richard B. Schmitt and Greg Miller, Times Staff Writers

WASHINGTON — The Justice Department on Friday moved to consolidate control over the investigation into the destruction of CIA interrogation tapes, saying that neither it nor the intelligence agency would cooperate with congressional probes into the matter.

The moves angered members of Congress, who said that the department was obstructing legitimate legislative oversight. Justice and CIA officials said in correspondence with congressional leaders that turning over information at this point could make the inquiry vulnerable to political pressures.


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The decision to withhold evidence puts the congressional probes effectively on hold, and also points up the seriousness of the week-old investigation, which is being conducted jointly by the Justice Department and the CIA inspector general. Officials for the first time raised the possibility that the investigation could result in criminal charges.

"While we make no prediction at this early stage about where our inquiry might lead, the possibilities include criminal law enforcement action, as well as civil and administrative remedies," said Assistant Atty. Gen. Kenneth L. Wainstein and CIA Inspector General John L. Helgerson in a letter to House Intelligence Committee leaders.

Calling on the committee to "defer" its investigation, Wainstein and Helgerson said "actions responsive to your requests would present significant risks to our preliminary investigation." They said they were concerned about the committee interviewing personnel from the CIA inspector general's office because the Justice Department had determined that "they are potential witnesses in the matter under our inquiry."

In a harshly worded statement, Rep. Silvestre Reyes (D-Texas), chairman of the intelligence committee, and Rep. Peter Hoekstra of Michigan, the committee's top Republican, said they were "stunned that the Justice Department would move to block our investigation."

"It's clear that there's more to this story than we have been told," Reyes and Hoekstra said in their statement. "The executive branch can't be trusted to oversee itself."

On Thursday, Reyes and Hoekstra sent a letter to CIA Director Michael V. Hayden asking for relevant records including "all cables referring or related to the making, retention or destruction of videotapes of detainees." The letter gave the CIA until Friday evening to comply.

A CIA spokesman said the agency intended to cooperate with Congress.

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