The US attorney general, Eric Holder, is poised to order a special criminal investigation into CIA agents who may have gone too far in interrogation of al-Qaida and other suspects taken after the 9/11 attacks, it emerged today.
Holder's preference for pushing ahead with an investigation came on the day that the CIA was ordered by the court to release hundreds of pages of previously hidden documents detailing how interrogations were conducted.
The attorney general's imminent decision to order the investigation runs counter to the wishes of the CIA director, Leon Panetta, who was appointed by Barack Obama, and has argued in favour of looking forward rather than back.
The Washington Post today revealed that Holder is planning to name John Durham, a career justice department prosecutor, to lead the inquiry.
His mandate will be relatively narrow: to look at whether there is enough evidence to launch a full-scale criminal investigation of current and former CIA agents.
The White House tried to take some of the sting out of the release of the reports into the CIA by announcing that in future there will be a special group set up specifically trained in interrogations, to be housed in the FBI headquarters rather than the CIA.
The CIA reports have been the subject of a long-running freedom of information battle between the agency and the American Civil Liberties Union (ACLU). A copy was published last year, while George Bush was still in power, but almost the entire contents were blacked out. Obama promised earlier this year to release as much of the material as possible.
The main report, written in 2004, was an investigation by the then CIA inspector-general, John Helgerson, into allegations that some agents went beyond the guidelines, albeit loose ones, set out at the time for interrogations.
Also released were two other reports, one from 2004 and the other from 2005, on the value of intelligence obtained by what the US calls "high-level detainees", mainly al-Qaida suspects held now at Guantanamo. The three reports amount to hundreds of pages.
Holder was reported in the US media earlier this year to have been sickened by what he read in Helgerson's report. In 2004, when George Bush was still in power, the justice department opted against prosecution, and Holder would have to reverse that decision.
Jameel Jaffer, a spokesman for the ACLU, said: "It is encouraging that the justice department's ethics office recognises that prior decisions to cut off investigations of serious abuse cases were ill-advised, and that those who broke the law must be held accountable."
Bill Burton, the deputy White House press secretary, speaking in Martha's Vineyard, where Obama is on holiday, stonewalled today when asked by reporters whether he supported going after people who may have committed crimes. Burton said: "The White House supports the attorney general making the decisions on who gets prosecuted and investigated."
Burton said the new interrogations unit will report directly to the director of the FBI, and will bring together different elements of the intelligence on how to get the best possible information based on scientifically-proven methods. The CIA, though its role in interrogations is being downgraded, would still remain involved.
The prospect of prosecutions has already led to rows between the Obama administration and former members of the Bush administration led by the former vice-president Dick Cheney, who said CIA morale would be damaged.
Cheney, speaking before publication, said that the files would show that vital information about al-Qaida was obtained by interrogation. Panetta today came to the defence of his agents, echoing Cheney's argument. "The CIA obtained intelligence from high-value detainees when inside information on al-Qaida was in short supply. Whether this was the only way to obtain that information will remain a legitimate area of dispute, with Americans holding a range of views on the methods used."
In a note sent to the CIA workforce this morning ahead of the report's release, Panetta echoed another argument from the Bush administration officials, that the justice department had looked at Helgerson's report in 2004 and decided against prosecution, except in the case of one contractor.
Panetta added: "My primary interest - when it comes to a programme that no longer exists - is to stand up for those officers who did what their country asked and who followed the legal guidance they were given. That is the president's position, too."