WASHINGTON, Jan. 25, 2008

No Special Prosecutor Plans For CIA Tapes

Mukasey Ducks Questions On Waterboarding, Current Investigation Into Interrogation Tapes

  • During Congressional hearings for his nomination as Attorney General, Michael Mukasey refused to say whether he agreed that waterboarding is torture, pending review of the administration's interrogation practices. Today he refused to say whether he has completed his review.

    During Congressional hearings for his nomination as Attorney General, Michael Mukasey refused to say whether he agreed that waterboarding is torture, pending review of the administration's interrogation practices. Today he refused to say whether he has completed his review.  (AP Photo/Charles Dharapak)

  • Interactive Gitmo Tribunals

    Detainees on trial, photos and a history of the naval base.

(AP)  Attorney General Michael Mukasey said Friday he doesn't plan for a special prosecutor to investigate whether the CIA broke the law when it destroyed videotapes of terror interrogations, defying some in Congress who want an independent look at the politically charged case.

Mukasey, in a 41-minute briefing with reporters, also ducked repeated questions about whether he considers waterboarding an illegal form of torture - an issue expected to be at the top of the agenda when he appears next week before the Senate Judiciary Committee.

Speaking tersely and in an even, low tone, Mukasey would not discuss whether he has seen any evidence that destroying the interrogation tapes violated court orders or otherwise interfered with any case. He said the ongoing criminal investigation, headed by career federal prosecutor John Durham of Connecticut, was opened on grounds of "some indication - which is a lot less than probable cause - some indication that there was any violation of any federal statute."

"And that's the only basis on which we proceeded," Mukasey said.

Asked if he has reconsidered his decision not to put a special prosecutor in charge of the investigation, Mukasey said, simply, "No."

Mukasey was even more reluctant to discuss the act of waterboarding itself - the interrogation tactic that is believed to have been shown on the destroyed tapes. The issue briefly stalled Mukasey's nomination as attorney general last October, when he said he did not know enough about it to say then that it should be outlawed by the United States.

"I understand there's interest in that," Mukasey said Friday, noting that he promised senators last fall that he would review the practice of waterboarding and "offer the view of whether the current program is lawful or not."

"That's what I said I would do," he added. "And I can't say any more, and I won't say any more."

He also refused to say whether he has completed his review, or if he would ever publicly announce his opinion of whether waterboarding is legal. Used during the Spanish Inquisition, waterboarding involves pouring water over a person's cloth-covered face to create the sensation of drowning. It was banned by the CIA and the Pentagon in 2006.

In his first congressional hearing since being sworn in, Mukasey is scheduled to testify Wednesday in front of the Senate Judiciary panel that threatened his nomination. Ten senators, led by Democrat Edward M. Kennedy of Massachusetts, demanded this week that Mukasey immediately clarify his stand on waterboarding, saying he has had "ample time ... to study this issue and reach a conclusion."

Mukasey also touched Friday on the administration's push for Congress to permanently allow U.S. intelligence officials to eavesdrop on overseas terror suspects without first seeking court approval. Such changes to the Foreign Intelligence Surveillance Act are under fierce debate in Congress, and without them, Mukasey said, "it certainly doesn't help" investigations.

Meanwhile, Durham recently added two veteran organized crime prosecutors from Boston to his team investigating the destroyed CIA tapes. James Farmer is the head of the criminal division and supervises the national security section for the U.S. attorney's office. James Herbert is the head of the state's Organized Crime Strike Force.

Durham and Herbert were part of a Justice Department squad that won national accolades for unraveling a decades-long corrupt relationship between the Boston FBI and the area's most ruthless gangsters. Farmer successfully prosecuted members of the Boston Police Department for extorting bribes from business owners in the neighborhoods they patrolled in the late 1980s.

Massachusetts U.S. Attorney Michael Sullivan described Farmer and Herbert as "consummate professionals" who are not swayed by political forces.

"I have absolute confidence in their ability to exercise independent judgment," Sullivan said.

© MMVIII The Associated Press. All Rights Reserved. This material may not be published, broadcast, rewritten, or redistributed.
Share:
  • Share
  • Yahoo! Buzz
  • Mixx
Add a Comment See all 39 Comments
by watcher269-2009 January 27, 2008 1:23 PM EST
Goodbye Cruel World - the company my wife works for has posted a new policy stating that employees should not voice their political affiliations in any government.


This website and list fall under that category and thus she can be terminated for my contributions to these lists - thus I must retire to ensure her job is safe.

Be careful America - when it comes to employers forcing their methods of silencing free speech - America will not be free.

We have no choice - we are not independently wealthy. Thus one more free voice will be silenced to maintain our standard of living.

Beware America - subversion in freedoms by governments are equivalent to terrorist Attacks if they invoke FEAR and Squash the right of any individuals.

Stand for Freedom - Speak you mind!

Here is where you freedom is going - Can you hear the Flush of the toilets yet?????
Reply to this comment
by socrates392 January 26, 2008 4:05 PM EST
I saw on Countdown last night that Mukasey has a picture of George Orwell on the wall of his office. Mukasey says that he admires Orwell because of his clear writing style!? Too funny!!!

All hail the new defender of INGSOC-- or perhaps AMSOC would be more accurate! Really, too funny!
Reply to this comment
by brianbwb-2009 January 26, 2008 6:10 AM EST
"That''s what I said I would do," he added. "And I can''t say any more, and I won''t say any more."

That is because the only thing more he could say would be "I lied, actually I haven''t done what I promised, and have no intention to"...
Reply to this comment
by searingtruth January 26, 2008 3:13 AM EST
"It is an old tale. Catastrophe assaults the senses of a free nation. Fear, a tyrant%u2019s only ally, is seized. Democracy, a despot%u2019s greatest foe, is assaulted. The people, liberties only defense, are subdued. All in accomplice of those sworn, upon death, to protect them."
SearingTruth


"Five coincidences make a plan."
SearingTruth

A Future of the Brave - www.searingtruth.com
Reply to this comment
by fairandbal January 26, 2008 2:33 AM EST
this is sick and wrong. If the GOP were in the minority they''d be screaming for blood and a special prosecutor. Now that they''re in power, it''s EVERYTHING under the rug.

We no longer have a democracy folks! our president is lawless and a criminal!
Reply to this comment
by joyous88 January 26, 2008 2:25 AM EST
Jerr11

Right On!

These criminals belong in Prison;

Lets all thank the criminal evangelical christians

whose mindless vote enabled GW Bush to take control of our government

and turn it into a criminal enterprise!




Reply to this comment
by jerr11 January 26, 2008 2:03 AM EST
935 lies.

4000 DEAD Americans, BECAUSE OF THOSE LIES.

1.9 TRILLION down the tube, BECAUSE OF THOSE LIES..

Halliburton ******** Cheney and Bush cronies walking off with the spoils of war!

AND NO INVESTIGATIONS!

The USA, a new Banana Republic.

Complete with greedy dictator, torture, worthless peso, and lapdogs to facilitate the dictator''s wishes.

Thanks to all the Banana Republicans!

Reply to this comment
by mcv57 January 26, 2008 1:35 AM EST
The think the judge who attempted to investigate this torture scandel is not awaken to "The White House Corruption." The new rule for order - PROTECT THE BUSH/CHENEY REGIME.
Reply to this comment
by observantx January 26, 2008 1:27 AM EST
Mukasey, in a 41-minute briefing with reporters, also ducked repeated questions about whether he considers waterboarding an illegal form of torture.

So what did we expect from this little Bushie lapdog?

I bet he just sits up and begs, wagging his little tail in a frenzy of adoration. when his master walks into the room.

Woof! Woof! (pant)(pant)(pant) WOOF!!


Reply to this comment
by taotxzen January 26, 2008 12:13 AM EST
"One Big Lie"

Here''s a preview of tonight''s Bill Moyers'' Journal, centering on the 935 lies leading up to the war. Good to see this report getting traction. Overall, it''ll be a scathing indictment of the overall craven dishonesty of this administration on practically every matter this country has dealt with.


http://www.youtube.com/watch?v=Cy1g2ZFix6s
Reply to this comment
by cbsblogger January 25, 2008 11:34 PM EST
Schumer & Boxer push=Mukasey wins=AIPAC wins=Bush wins=America gets screwed again.
Reply to this comment
by kofiananimus January 25, 2008 9:50 PM EST
and buried in the late Friday news that most people miss... VIOLATING TREATIES, TORTURE, and OBSTRUCTION OF JUSTICE are OK... just make sure you don''t have an extramarital affair, `cause that would be really bad. I''m angry at the republicans for perpetrating the most heinous acts I''ve ever heard of in this country and for shredding the constitution and our laws, and I''m almost as angry at the democrats for not standing up against this BS.
Reply to this comment
by mudrose-2009 January 25, 2008 9:19 PM EST
Michael Mukasey is about as useless as boobies on a board hog! We all knew he would be. He was specifically put in that position by Dubya to thwart any investigation into his activities.

Had Congress been really smart, they would never have allowed his appointment. We would have been just as well off with a temporary AG until Bush is out of office.
Posted by RowdyTexan2

If I remember correctly Mukasey wasn''t going to cow-tow to either lefties or righties and it seems to me that he''s done just that. You wanted an independent AG and you all got one. But it doesn''t matter who is appointed, you f/arts will continually b/itch for the sake of b/itching. Your boys on the left put him there. Live withit.
Reply to this comment
by Krazcarl January 25, 2008 9:17 PM EST
Is ANYONE surprised????
Reply to this comment
by hungry1968 January 25, 2008 8:49 PM EST
But the Democrats were too busy blaming Ralph Nader for their failures to bother with this fact. A very similar effort was seen in Ohio in 2004.

Posted by FeelFree1 at 05:38 PM : Jan 25, 2008




One Diebold voting machine in the 13th district in Ohio registered 1300 votes for Bush BEFORE the polls opened!!
Reply to this comment
by searingtruth January 25, 2008 8:42 PM EST
"And so, just as Hitler and Stalin before them, Bush and his henchmen recruited brutal sociopaths to torture and murder, accounting only to their personal will. Lending them, wholeheartedly and enthusiastically, all necessary moral and legal blessing.

I have always been curious, and wondered, who the American people thought were torturing and murdering in our name."
SearingTruth


"I writhed in anguish for years. Always knowing pain was coming, but never knowing what I should attempt to say next, or how I should appear so that my American torturers would believe me.

The problem was that I was innocent."
SearingTruth


"We became evil to fight evil, assuring its victory."
SearingTruth

A Future of the Brave - www.searingtruth.com
Reply to this comment
by feelfree1 January 25, 2008 8:38 PM EST

RowdyTexan2,

Re: "What the hell do the democrats have to do with Bush."

The majority of them appear to be owned by the same folks- corporate pirates and AIPAC.

Re: "I seem to remember they fought him tooth and nail over both those elections!"

That''s not what I remember. I recall both President Gore and President Kerry conceding almost immediately, despite having been elected.

The vote fraud in Florida happened well before the Supine Court got involved, and well before the elections were even held.

www.ericblumrich.com/gta.html (speakers)

But the Democrats were too busy blaming Ralph Nader for their failures to bother with this fact. A very similar effort was seen in Ohio in 2004.

When the Democrats actually have a decent, hopeful candidate, they subvert them at least as viciously as they do their Republican opponents- as we saw with Dennis Kucinich during the past two Selection cycles.

I don''t wish to get into a shouting match with you 2, because I respect your opinions, and I overwhelmingly agree with you, but this is how I feel.
Reply to this comment
by hungry1968 January 25, 2008 8:33 PM EST
What the hell do the democrats have to do with Bush. I seem to remember they fought him tooth and nail over both those elections!

Posted by RowdyTexan2 at 05:17 PM : Jan 25, 2008



See my post from 5:29.
Reply to this comment
by excoachken January 25, 2008 8:30 PM EST
to Mcvet, Schumer could have rescinded his nomination after the judge refused to explain his lack of knowledge about waterboarding, but he did not. It was a "Profile in Courage" time and Schumer shrunk. We need courageous leaders to fight against the "legacy'' of the Cowardly Cowboy, not shrinking violets!
Reply to this comment
by excoachken January 25, 2008 8:29 PM EST
to Mcvet, Schumer could have rescinded his nomination after the judge refused to explain his lack of knowledge about waterboarding, but he did not. It was a "Profile in Courage" time and Schumer shrunk. We need courageous leaders to fight against the "legacy'' of the Cowardly Cowboy, not shrinking violets!
Reply to this comment
See all 39 Comments

Exclusive Webshow

Mike Huckabee on GOP "rock stars," 2012, health care reform and more. Watch Now

  • MOST POPULAR
Discussed
  1. Lambert: Offering No Apologies

    (490 recent comments)

Latest News
News in Pictures
Scroll Left Scroll Right
Connect with CBS News

Stay connected with the CBS News using your favorite social networks and online news applications: