Assistant United States Attorney John Durham is close to completing a preliminary review of whether there is evidence that CIA agents or contractors violated the law when they used brutal methods to interrogate terror detainees, Attorney General Eric Holder said in speech Thursday night.
Holder, speaking in a question and answer session after his remarks at the University of the District of Columbia Law School, said Durham is ”close to the end of the time that he needs and will be making some recommendations to me.”
Holder’s comments were his fullest status report to date on the one of the Justice Department’s most politically sensitive inquiries. On Friday, several Justice officials cautioned that although Durham is nearing completion, it may take weeks or months to absorb his findings and decide what steps, if any, to pursue next.
Holder said the investigation would determine whether any intelligence officers or contractors went beyond the restrictions, outlined by the Office of Legal Counsel in a series of classified legal opinions which were written during the George W. Bush administration and which have since been disavowed.
The preliminary inquiry has created tensions between the Justice Department and the CIA, key partners in the government’s effort against international terrorism. Leon Panetta, the CIA Director, opposed Holder’s decision to open the inquiry in to the agents’ conduct, and in November 2009, seven former CIA directors wrote to President Barack Obama asking him to halt the investigation.
The interrogation opinions permitted harsh techniques like waterboarding that Holder has said amounted to torture. The opinions also directed that the interrogations, using so called “enhanced techniques,” be carried under rules intended to prevent serious injury or death, though human rights groups have condemned the methods.
“What I made clear is that for those people who acted in conformity with Justice Department opinions from the Office of Legal Counsel that said you could do certain things… people who acted in good faith in line with the Department of Justice guidance, will not be the people we are looking at or interested in,” Holder said Thursday.
“It’s a question of whether people went beyond those pretty far-out OLC opinions, people who went beyond that,” Holder said. “That’s what we’re looking at.”
Durham was appointed in August 2009 to look into the treatment of prisoners at so-called “black sites” overseas. In 2008, Durham had been appointed by then-Attorney General Michael Mukasey to investigate the destruction of dozens of CIA videotapes of detainee interrogations. Holder made no mention of the status of that aspect of Durham’s inquiry.
At the appointment in August, Holder said “neither the opening of a preliminary review nor, if evidence warrants it, the commencement of a full investigation, means that charges will necessarily follow.”