April 7, 2008    

FOR FURTHER INFORMATION CONTACT: Rich Killmer - (202) 547-1920

National Religious Campaign Against Torture Renews Call for Special Counsel

(Washington) The National Religious Campaign Against Torture, a campaign of 175 religious organizations working together to abolish U.S.-sponsored torture, sent the following letter today to Attorney General Michael Mukasey, renewing a request for him to appoint a Special Counsel to investigate allegations regarding the CIA's destruction of videotapes and the legality of its use of "harsh" interrogation techniques.

April 7, 2008

The Honorable Michael Mukasey
Attorney General
United States Department of Justice
950 Pennsylvania Avenue, N.W.
Washington, DC 20530

Dear Attorney General Mukasey

The National Religious Campaign Against Torture (NRCAT), a campaign of 175 religious organizations working together to abolish U.S.-sponsored torture, renews its request that you appoint a Special Counsel to investigate both the destruction of the CIA videotapes that documented the use of "harsh" interrogation techniques against suspected terrorists and whether such techniques violated U.S. and international law.

John Durham, the U.S. Attorney you appointed earlier this year to investigate the destruction of the tapes, has a reputation for being a thorough and independent-minded prosecutor and this request is not intended in any way to reflect on his professional integrity.  However, his appointment to this investigation is fatally flawed in two respects:  one, because without the status of Special Counsel he must operate within the Justice Department's chain of command, that is, he is reportable to and must be governed by his superiors at the Department of Justice; two, based on comments you have made to the press, the scope of his investigation is limited by you to the destruction of the tapes.  While you have stated that Mr. Durham has the authority to investigate the conduct depicted on the tapes for the purpose of establishing motive, it appears he does not have the authority to investigate the lawfulness of the interrogation conduct itself.  

Your repeated public statements that waterboarding is not torture, and your claim that the interrogation tactics that were approved by the Justice Department cannot be criminally investigated because the Justice Department approved of them, preclude a full and independent investigation.  The Department itself is implicated in possible criminal conduct, having approved of the use of illegal interrogation techniques.

For these reasons, and despite the quality of the work Mr. Durham may perform, any investigation conducted by the Justice Department at this point will not have the full confidence of the American people.  In order to remove any appearance of a conflict of interest or corruption, a Special Counsel must be appointed.

Sincerely,
Linda Gustitus, President
Rev. Richard Killmer, Executive Director   

cc:  Members of the Senate Judiciary Committee
       Members of the House Judiciary Committee