By Isikoff, Michael; Hosenball, Mark
Newsweek , Vol. 155, No. 13
Byline: Michael Isikoff and Mark Hosenball
Attorney General Eric Holder Jr. has tapped the Justice Department's most feared prosecutor, Patrick Fitzgerald, to lead a sensitive investigation into whether defense lawyers at Guantanamo Bay compromised the identities of covert CIA officers. The probe was triggered by the discovery last year of about 20 color photographs of CIA officials in the cell of Mustafa Ahmed al-Hawsawi, an alleged financier of the 9/11 attacks, say three current and former government officials who asked not to be identified talking about an ongoing case.
The photos included "paparazzi style" snapshots of covert CIA officers on the street and in other public places, says one former official, an indication that private investigators had taken them on the sly to identify agency interrogators. When told of the discovery, CIA officials immediately grew alarmed that the photos had been shared among the 9/11 defendants, including alleged mastermind Khalid Sheikh Mohammed. (The judge in charge of the military-commission case at the time had ruled that because some defendants, including Mohammed, were representing themselves, they could meet privately with their alleged co-conspirators and share material relevant to their defense.) The photos in al-Hawsawi's cell were not captioned with the agents' identities. But "there was real concern" that the pictures could be used to identify covert officers, resulting in agents becoming the targets of Qaeda revenge plots, says the former official. "These guys are killers--and KSM has made it clear they're going to look for retribution. …