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9/11 Commission co-chairs charge the CIA obstructed their investigation. Update: Attorney General Mukasey announces criminal probe of videotapes destruction, appoints US attorney in Connecticut to oversee it. Mukasey's statement. Former Justice Department official Marty Lederman argues that the US attorney appointed to oversee the investigationis not really independent. Senate Select Committee on Intelligence chairman Jay Rockefeller responds in a statement: "Attorney General Mukasey has made the right decision to begin a criminal investigation and place it in the hands of a career prosecutor. We, however, have an obligation to continue our own congressional investigation and that is exactly what we will do. Our negotiations with the CIA and DOJ over the scope of our investigation are ongoing. I fully expect their continued cooperation, including relevant testimony and documents, so that the Committee can thoroughly review and publicly report on all actions related to the destruction of the tapes.”
Update: NYT. "John L. Helgerson, the C.I.A. inspector general who took part in the preliminary inquiry, said Wednesday that he would step aside from the criminal investigation to avoid any appearance of a conflict of interest. Mr. Helgerson’s office had reviewed the videotapes, documenting the interrogation of Abu Zubaydah and Abd al-Rahim al-Nashiri, as part of an investigation into the C.I.A’s secret detention and interrogation program. Mr. Helgerson completed his investigation into the program in early 2004."
More on Helgerson seeing the tapes from the WP:
Although the tapes in question were not provided to any court or to the members of the government-appointed 9/11 Commission, they were evidently seen by CIA Inspector General John L. Helgerson, who disclosed in a statement yesterday that he plans to recuse himself from the criminal inquiry to avoid a conflict of interest.
Helgerson said he and his staff "reviewed the tapes at issue some years ago," when agency officials were debating whether to destroy them. "During the coming weeks I anticipate describing fully the actions I and my office took on this matter to investigators from the executive and legislative branches," Helgerson said.
Was part of the Hayden investigation of the IG related to the IG concern over the destruction of the tapes? Reporting it to Congress? to the Justice Department?
Something else: allegedly top terrorism suspects, high value detainees being interrogated. Does the CIA really not tape them? Does a notetaker sit in there? They don't worry about missing a word? No chance for review? So - if not more videotapes, are there more audio tapes? And what about military interrogations? Is all the stuff destroyed after transcription? So defense lawyers can't call for it? and IGs?