WASHINGTON — U.S. Atty. Gen. Eric H. Holder Jr. is poised to appoint a criminal prosecutor to investigate alleged CIA abuses committed during the interrogation of terrorism suspects, current and former U.S. government officials said.
A senior Justice Department official said that Holder envisioned an inquiry that would be narrow in scope, focusing on "whether people went beyond the techniques that were authorized" in Bush administration memos that liberally interpreted anti-torture laws.
Current and former CIA and Justice Department officials who have firsthand knowledge of the interrogation files contend that criminal convictions will be difficult to obtain because the quality of evidence is poor and the legal underpinnings have never been tested.
Some cases have not previously been disclosed, including an instance in which a CIA operative brought a gun into an interrogation booth to force a detainee to talk, officials said.
Other potentially criminal abuses have already come to light, including the waterboarding of prisoners in excess of Justice Department guidelines, and the deaths of detainees in CIA custody in Afghanistan and Iraq in 2002 and 2003.
Opening a criminal investigation is something Holder "has come reluctantly to consider," the Justice Department official said, emphasizing that Holder had not reached a final decision but noting that, "as attorney general, he has the obligation to follow the law."
Others familiar with Holder's thinking say that such an investigation seems all but certain, and that a prosecutor will probably be selected from a short list that Holder asked subordinates to assemble.
Such a prosecutor would examine cases that are generally at least five years old, and probably some that were previously reviewed by career prosecutors who concluded that they could not be pursued.
"I don't blame them for wanting to look into it," said a former high-ranking Justice Department official familiar with the details of the program. "But if they appoint a special prosecutor, it would ultimately be unsuccessful, and it would go on forever and cause enormous collateral damage on the way to getting that unsuccessful result."
Bracing for the worst, a small number of CIA officials have put off plans to retire or leave the agency so that they can maintain their access to classified files and be in a better position to defend against a Justice investigation.
