The choice of John Durham to lead the investigation of destroyed CIA interrogation videotapes appears to be sound:

Several defense lawyers compared Durham to respected U.S. Attorney Patrick Fitzgerald of the Northern District of Illinois. "He's Fitzgerald with a sense of humor," said lawyer Hugh O'Keefe of Connecticut.

The question is whether Durham can be as effective as Fitzgerald, in the absence of the independence and resources that Fitzgerald had as special counsel:

Mr. Mukasey pointedly did not designate Mr. Durham as a special counsel, in effect refusing to bow to pressure from Congressional Democrats to appoint an independent prosecutor with the same broad legal powers that were given to Patrick J. Fitzgerald, the special counsel who was appointed in 2003 to lead the investigation into the disclosure of a C.I.A. officer’s identity. ... As special counsel, Mr. Fitzgerald had the authority of the attorney general for the matters under investigation.

Mr. Durham will report to the deputy attorney general, an office being held temporarily by Craig S. Morford. Mr. Durham will have the powers of the United States attorney for the Eastern District of Virginia, a jurisdiction that includes C.I.A. headquarters.

The powers of a U.S. Attorney are formidable, but it would be a reassuring sign if Durham didn't have to report to a deputy AG.