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.First of all, he should never have been confirmed. Second of all, in a conversation with my Congressman a couple of weeks ago (I voiced my disappointment that he had not joined the calls for impeachment) he told me that the CIA tapes "might be what does it."
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."
Well Congressman Cleaver - the balls in your court.