The tapes are said to depict the secret, overseas interrogation of key 9/11 plotter, Ramzi Binalshibh. The two videotapes and one audiotape are believed to be the only remaining recordings made within the clandestine prison system. In 2005, the CIA destroyed 92 videos of two other al-Qaida operatives being waterboarded.

A Justice Department prosecutor is investigating whether destroying the tapes was illegal. He's now probing the non-disclosure of the remaining three tapes, which the CIA told a federal judge did not exist.

AP correspondent Matt Apuzzo joined the Federal Drive with more information.