ACS hosted a panel discussion on issues surrounding the destruction
of the CIA interrogation tapes whose existence was revealed in December
2007. The panel, convened on Friday, January 25, 2008, discussed a
number of legal and policy questions, among them:

• Whether a major Congressional investigation of the intelligence agencies is warranted.
• Whether there is an inherent conflict of interest in appointing a
  federal prosecutor to oversee the DOJ's investigation into the CIA
  interrogation videotapes' destruction.
• Whether the recommendations of the 9/11 Commission regarding Congress's oversight of the intelligence agencies are applicable.
• Whether there is sufficient discussion of the context in which the
  tapes were destroyed and the potential criminal offenses they would
  have revealed.

The panel featured:

• Dan Marcus, Fellow in Law and Government, American University Washington College of Law; former General Counsel of the 9/11 Commission
• Elisa Massimino, Washington Director, Human Rights First
• David Rivkin, Partner, Baker Hostetler, and former official in the Reagan and George H. W. Bush administrations
• Frederick "Fritz" Schwarz, Senior Counsel, Brennan Center for Justice at NYU Law School; formerly lead counsel for the Senate Select Committee to Study Governmental Operations with Respect to Intelligence Activity (the Church committee)
• Moderator Marty Lederman, Visiting Professor of Law, Georgetown University Law Center

Video of the panel discussion is available here.

Note: this is a rush transcript and has not been reviewed for accuracy.