Headway On Tapes Probe
A criminal investigation into why the CIA destroyed hundreds of hours of videotapes recording harsh interrogations of two Al Qaeda leaders will stretch on at least another six months—and could ultimately result in indictments, according to a recent federal court filing obtained by NEWSWEEK. In his affidavit, John Durham, the veteran federal prosecutor on the case, said he is examining whether anyone "obstructed justice, made false statements, or acted in contempt of court or Congress in connection with the destruction of the videotapes." He said that he is specifically trying to determine whether the destruction of the tapes violated any judge's order. But progress may be slow. Two sources close to former intelligence officials who are potential key witnesses in the case, both of whom asked for anonymity when discussing the inquiry, said that these officials have not been summoned to give grand-jury testimony; one of them hasn't even been questioned by the FBI yet.
Intel officials acknowledged last year that the CIA taped interrogations—which included the use of "waterboarding"—of pre-9/11 fixer Abu Zubaydah and Persian Gulf boss Abd al-Rahim al-Nashiri. The tapes were stashed at the CIA station in Thailand, where, in late 2005, they were destroyed on the order of Jose Rodriguez, then head of CIA clandestine operations. Current and former counterterrorism officials, who also asked for anonymity, said many top spies believed the use of harsh techniques had been foisted on the agency by hard-line Bush politicos. One former counterterrorism official close to the investigation told NEWSWEEK that spies involved believed they had legally "dotted all the i's and crossed all the t's" and therefore will not be prosecuted. Robert Bennett, the prominent D.C. lawyer who represents Rodriguez, had no comment. "The CIA has cooperated vigorously with official inquiries into the destruction of the tapes," said CIA spokesman Paul Gimigliano, "and is fully prepared to let the facts take us where they may."
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Mark Hosenball joined Newsweek as an investigative correspondent in November 1993, covering a range of issues for the National Affairs department. Most recently, he has written and reported numerous stories on terrorism and the Sept. 11 attacks on America. He has also covered campaign finance, the Monica Lewinsky controversy, the death of Princess Diana, Whitewater, the crashes of EgyptAir flight 990 and TWA flight 800, as well as related air safety issues.
Hosenball came to Newsweek from "Dateline NBC," where he worked as an investigative producer. He also worked extensively as a print journalist, writing for a number of British and American publications, including the London Sunday Times, the London Evening Standard, Time Out, The Washington Post, The Wall Street Journal, and The New Republic. In addition, he has done commentaries for American Public Radio.
Hosenball has been honored with a number of prestigious awards. Most recently, along with a team of Newsweek correspondents, he was awarded the Overseas Press Club's most prestigious honor, the 2002 Ed Cunningham Memorial Award for best magazine reporting from abroad for Newsweek's coverage of the war on terror. His reporting and that of his colleagues earned Newsweek the prestigious National Magazine Award for General Excellence in 2002 for its coverage of September 11 and its aftermath. And a story he co-authored was highlighted in a citation Newsweek received by the White House Correspondents' Association when it awarded the magazine the 2002 Edgar A. Poe Award for "excellence on a story of national or regional importance. "Newsweek's September 11 coverage started long before the attacks. An article in the magazine's February 19, 2001 issue warned with chilling accuracy: 'The threat posed by (Osama) bin Laden is growing -- and coming ever closer to home."
Hosenball was a contributor to the CANAL + TV documentary, "L'Argent de la Drogue" (Drug Money), which was awarded the "Sept D'Or," the French equivalent of an Emmy. He also contributed to NBC News' coverage of the BCCI scandal, which earned a 1991 Peabody Award.
He attended the University of Pennsylvania and Trinity College in Dublin. He lives in the Washington, D.C. area with his wife and son.
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