CIA Director Mike Hayden has disclosed the tapes were destroyed by an underling without consulting CIA legal counsel. Hayden contends their disposal was legal and necessary to protect the identity of the interrogators.

The U.S. Justice Department and CIA inspector general said Saturday they would investigate the handling of the tapes.

Biden -- chairman of the Senate Foreign Relations Committee and a candidate for the Democratic president nomination -- told ABC's "This Week with George Stephanopoulos" it appears Hayden is "wrong" about the motive for destroying the video.

"It appears as though there may be an obstruction of justice charge here, tampering with evidence and destroying evidence, and I think this is one case where it really does call for a special counsel," Biden said. "I think this leads right into the White House. There may be a legal and rational explanation, but I don't see any on the face of it."

Biden said he "doesn't have any confidence" in the attorney general's office under President George W. Bush.