http://blogs.usatoday.com/ondeadline/2008/01/justice-dept-op.html#moreUpdate at 2:53 p.m. ET: USA TODAY's Donna Leinwand just sent us a copy of the attorney general's statement. Here's an excerpt:
This preliminary inquiry was conducted jointly by the Department’s National Security Division and the CIA’s Office of Inspector General. It was opened on Dec. 8, 2007, following disclosure by CIA Director Michael Hayden on Dec. 6, 2007, that the tapes had been destroyed. A preliminary inquiry is a procedure the Department of Justice uses regularly to gather the initial facts needed to determine whether there is sufficient predication to warrant a criminal investigation of a potential felony or misdemeanor violation.
The opening of an investigation does not mean that criminal charges will necessarily follow. An investigation of this kind, relating to the CIA, would ordinarily be conducted under the supervision of the United States Attorney for the Eastern District of Virginia, the District in which the CIA headquarters are located. However, in an abundance of caution and on the request of the United States Attorney for the Eastern District of Virginia, in accordance with Department of Justice policy, his office has been recused from the investigation of this matter, in order to avoid any possible appearance of a conflict with other matters handled by that office. As a result, I have asked John Durham, the First Assistant United States Attorney in the United States Attorney’s Office for the District of Connecticut, to serve as Acting United States Attorney for the Eastern District of Virginia for purposes of this matter. ...
Earlier today, the Department provided notice of these developments to Director Hayden and the leadership of the Judiciary and Intelligence Committees of the Congress.Update at 3:11 p.m. ET: A CIA spokesman says the agency will cooperate with investigators.
"The CIA will of course cooperate fully with this investigation as it has with the others into this matter," agency spokesman Mark Mansfield tells the AP.