Prometheus 6

CIA Foresaw Interrogation Issues
Agency Considered Investigations 'Virtually Inevitable'
By Dan Eggen
Washington Post Staff Writer
Thursday, April 24, 2008; A16

The CIA concluded that criminal, administrative or civil investigations stemming from harsh interrogation tactics were "virtually inevitable," leading the agency to seek legal support from the Justice Department, according to a CIA official's statement in court documents filed yesterday.

The CIA said it had identified more than 7,000 pages of classified memos, e-mails and other records relating to its secret prison and interrogation program, but maintained that the materials cannot be released because they relate to, in part, communications between CIA and Justice Department attorneys or discussions with the White House.

Nineteen of those documents were withheld from disclosure specifically because the Bush administration decided they are covered by a "presidential communications privilege," according to the filings, made in federal court in Manhattan. Some were "authored or solicited and received by the President's senior advisors in connection with a decision, or potential decision, to be made by the president."

Although the precise content of the documents is unknown, the agency's statements illustrate the extent to which senior White House officials were involved in decision-making on CIA detentions, interrogations, and renditions, a term for forced transfers of prisoners. These topics were the targets of a Freedom of Information Act lawsuit by liberal advocacy groups that compelled the CIA's disclosures.

The flow of documents, by itself, also suggests that the CIA's unorthodox interrogation program was the focus of behind-the-scenes debate at the highest levels of the Bush administration after the Sept. 11, 2001, attacks. The documents indicate that lawyers at the CIA and elsewhere were aware that CIA personnel might be subject to criminal prosecution or other legal sanctions.