Legal Ethics

DOJ Lets Deadline Lapse for Case Involving Destruction of CIA Interrogation Tapes

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Citing unidentified sources, NPR is reporting that the U.S. Department of Justice has decided not to pursue any charges over the destruction of videotapes showing harsh interrogation techniques used on two terrorism suspects during the administration of President George W. Bush.

It is now too late to do so, because the statute of limitations concerning the 2005 destruction of the tapes expired this week, the article explains.

However, it is still possible for to pursue charges, if merited, against a CIA official or officials for misleading investigators or otherwise obstructing justice after the situation came to light in 2008.

John Durham, a special prosecutor appointed by former Attorney General Michael Mukasey whose mandate was expanded by current Attorney General Eric Holder, has been conducting a grand jury investigation of the destruction of the tapes. Among other witnesses, he has reportedly called CIA lawyers who advised that it would be OK to destroy the tapes.

A subsequent Washington Post article provides further details, including comment from the DOJ.

Additional coverage:

ABAJournal.com: “AG Names Prosecutor for Detainee Interrogation Probe”

ABAJournal.com: “CIA Lawyer Reportedly Given Immunity in Probe of Destroyed Interrogation Tapes”

Main Justice: “Statute of Limitations in CIA Tape Destruction Case Quietly Passes”

Updated at 5:52 p.m. to link to subsequent Washington Post article.

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