Criminal Investigation of CIA Tape Destruction

By Dennis Lormel

The steps taken thus far by the Department of Justice in initiating a criminal investigation have been prudent and well thought out. The Department conducted an appropriate preliminary inquiry based on which it determined a criminal investigation was warranted.
The proper judicial venue is the Eastern District of Virginia. The U.S. Attorney’s Office for the Eastern District recused itself because it handled cases involving the CIA. This resulted in Attorney General Michael Mukasey appointing John Durham, a career federal prosecutor, as acting U.S. Attorney (USA) to lead the investigation and possible prosecution. By all accounts, Durham is an extremely experienced and well respected prosecutor. The Justice Department has done a commendable job to this point handling this matter.

It’s time for Congress to act in a like manner. The various Congressional Committees looking into this matter should hold their investigations in abeyance and allow acting USA Durham to proceed with his investigation before taking further action. At this juncture, the criminal investigation should take precedence over any other inquiries. Continuing with Congressional inquiries at this point could undermine, impede or compete with the criminal investigation.

Congressional oversight can still be attained following completion of the criminal case or advancement to a stage where it will not be impeded with. Congressional hearings at this time will not result in criminal prosecution. However, the criminal investigation will be able to determine if prosecution is warranted. Being that the Justice Department has acted in good faith, Congress should allow the process to continue.

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