January 30, 2008

Mukasey Frustrates Again On Waterboarding

Attorney General Michael Mukasey fended off questions today on waterboarding, CIA destruction of interrogation tapes, the U.S. attorney firings and other high-profile issues in his first appearance before the Senate Judiciary Committee since his contentious confirmation hearings three months ago.

Mukasey said the CIA does not conduct waterboarding now and that the committee would be privately informed should that change. Mukasey repeatedly declined to say if waterboarding -- an interrogation technique that causes suspects to believe they are drowning -- constitutes torture, or to confirm if it was used by the CIA.

"Given waterboarding is not part of the [interrogation] program and may never be added to the program, I don't think it's appropriate for me to comment on its legality," he testified. Mukasey did suggest a standard where the brutality of an interrogator's action would be weighed against the value of information elicited to decide if the act constitutes torture. That position drew rebukes from several committee Democrats.

The waterboarding issue, which nearly derailed Mukasey's confirmation (see the hearing liveblogs here and here ), was one of several where Mukasey avoided direct answers to senators' questions. Asked by Judiciary Chairman Patrick Leahy if the Justice Department's investigation into the destruction of CIA interrogation tapes would address potential crimes captured in the tapes as well as the legality of their destruction, Mukasey said only that the official leading the inquiry would examine all evidence. He declined a request by Judiciary ranking member Arlen Specter, R-Pa., to give Congress more information on that investigation, but said Justice may do so in the future.

Mukasey would not offer an opinion on whether President Bush violated the Foreign Intelligence Surveillance Act in authorizing warrantless electronic wiretapping of U.S. citizens. Mukasey urged quick Senate reauthorization of FISA with a provision granting telecommunications companies retroactive immunity for their roles in warrantless surveillance activities since September 2001. He said a compromise introduced by Specter and Sen. Sheldon Whitehouse, D-R.I., substituting the federal government as the defendant in suits against the companies, is unacceptable because it leaves "front and center" the conduct of the telecom companies.

"What's wrong with having that issue front and center and having a judicial inquiry?" Spector asked.

Sen. Dianne Feinstein, D-Calif., asked Mukasey about a Jan. 25 letter in which Scott Bloch, head of the independent Office of Special Counsel, accused Justice of stonewalling OSC's inquiry into alleged politicization of the department. Bloch, whose office enforces a statute to keep politics out of the civil service, also said the Justice Department has ignored a career prosecutor's complaint that Rachel Paulose, former U.S. attorney in Minneapolis, abused subordinates.

The department has said OSC's probe should wait until the agency completes internal inquiries into the U.S. attorney firings. Mukasey cited that position and said the department would respond promptly to Bloch. But he appeared unfamiliar with the details of the letter.

"Mr. Bloch is in an office that is not within the department, I believe," Mukasey said.

-Dan Friedman, CongressDaily

Posted at 5:48 PM
Posted to: Attorney Scandal, Bush Administration, CIA, Constitution, Michael Mukasey, President Bush, Terrorism
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