Some US lawmakers indicate they may support the appointment of a special counsel to look into the CIA’s destruction of videotapes (see December 6, 2007), in addition to various other inquiries that are launched at this time (see December 7, 2007 and Shortly After). Initially, Senate Majority Leader Harry Reid (D-NV) indicates he will support a special counsel if the Bush administration impedes a congressional probe and an investigation initiated by the Justice Department: “The CIA, the Justice Department, the Bush White House and every American should know that if these investigations encounter resistance or are unable to find the truth, I will not hesitate to add my voice to those calling for a special counsel.” [The Hill, 12/11/2007]
Senator Joseph Biden (D-DE), who is running for the Democratic presidential nomination, backs the call. [The Hill, 12/11/2007]
After some lawmakers begin to question whether the Justice Department will properly investigate the scandal (see December 14, 2007), Senator Edward Kennedy (D-MA) expresses some support for a special counsel: “I am concerned whether we are going to get to the real facts… [Because the inquiry is] being very closely held, the question is whether the American people will have a sense that this investigation is on the level. Unless you bring the FBI in, and unless you bring in the possibility of a special prosecutor as they had in Watergate, I am not sure we’ll get to that point.” [Bloomberg, 12/14/2007]
However, a special prosecutor is opposed by some, such as Senate Intelligence Committee Chairman Jay Rockefeller (D-WV). [The Hill, 12/11/2007] Attorney General Michael Mukasey calls such appointment “the most hypothetical of hypotheticals.” [Associated Press, 12/11/2007]