Holder Announces the Investigation

And notes some will be unhappy that he has initiated the review. But doesn’t consider those of us who smell a whitewash.

I have reviewed the OPR report in depth. Moreover, I have closely examined the full, still-classified version of the 2004 CIA Inspector General’s report, as well as other relevant information available to the Department. As a result of my analysis of all of this material, I have concluded that the information known to me warrants opening a preliminary review into whether federal laws were violated in connection with the interrogation of specific detainees at overseas locations. The Department regularly uses preliminary reviews to gather information to determine whether there is sufficient predication to warrant a full investigation of a matter. I want to emphasize that neither the opening of a preliminary review nor, if evidence warrants it, the commencement of a full investigation, means that charges will necessarily follow.

Assistant United States Attorney John Durham was appointed in 2008 by then-Attorney General Michael Mukasey to investigate the destruction of CIA videotapes of detainee interrogations. During the course of that investigation, Mr. Durham has gained great familiarity with much of the information that is relevant to the matter at hand. Accordingly, I have decided to expand his mandate to encompass this related review. Mr. Durham, who is a career prosecutor with the Department of Justice and who has assembled a strong investigative team of experienced professionals, will recommend to me whether there is sufficient predication for a full investigation into whether the law was violated in connection with the interrogation of certain detainees.

There are those who will use my decision to open a preliminary review as a means of broadly criticizing the work of our nation’s intelligence community. I could not disagree more with that view. The men and women in our intelligence community perform an incredibly important service to our nation, and they often do so under difficult and dangerous circumstances. They deserve our respect and gratitude for the work they do. Further, they need to be protected from legal jeopardy when they act in good faith and within the scope of legal guidance. That is why I have made it clear in the past that the Department of Justice will not prosecute anyone who acted in good faith and within the scope of the legal guidance given by the Office of Legal Counsel regarding the interrogation of detainees. I want to reiterate that point today, and to underscore the fact that this preliminary review will not focus on those individuals.

I share the President’s conviction that as a nation, we must, to the extent possible, look forward and not backward when it comes to issues such as these. While this Department will follow its obligation to take this preliminary step to examine possible violations of law, we will not allow our important work of keeping the American people safe to be sidetracked.

I fully realize that my decision to commence this preliminary review will be controversial. As Attorney General, my duty is to examine the facts and to follow the law. In this case, given all of the information currently available, it is clear to me that this review is the only responsible course of action for me to take."

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emptywheel @JoeSudbay Admit it. You take great pride in being able to spell Taoiseach w/o peeking. @EndaKennyTD
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emptywheel RT @RudyHavenstein: I saw this picture of some of the looters. #Ferguson http://t.co/j1QoXnBTZP
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emptywheel @johnson_carrie I just think not enough people noticed how absolutely outrageous FBI is being on these re-declassifications.
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emptywheel @johnson_carrie Thank @charlie_savage who (as I said) did the work of flagging all changes. How's it feel to be SECRET/NOFORN?
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emptywheel If Jeh Johnson is really the best man to lead a large bureaucracy, he should stay at DHS which is FUBAR and needs leadership.
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emptywheel RT @YossiGestetner: @emptywheel @WeShall0vercome Regarding war: Bush executed @billclinton's regime change policy. Plus Obama spending annu…
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emptywheel In Response to NYT Lawsuit, FBI Reclassifies 26 Words https://t.co/D6tICmRJ8N Special shout out to @johnson_carrie for being State Secret.
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emptywheel @YossiGestetner Let's start with "no unnecessary wars." @WeShall0vercome @billclinton
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emptywheel @YossiGestetner Thanks for playing. 1) Not what I said, 2) the deficit has been shrinking, as it tends to do under Dems. GOP ALWAYS expands
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emptywheel RT @YossiGestetner: @emptywheel There is no Surplus now thanks to Obama's crazy spending but if you wanna talk wise guy language, I am game.
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emptywheel Or better yet, @SenCarlLevin should have Hagel testify abt force-feeding before both depart.
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emptywheel .@SenFeinstein should make Hagel testify abt force-feeding b4 leaving, since he's responsible for Dhiab being there http://t.co/KooDSQrb4Z
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