What was President Bush's personal role, if any, in giving a green
light to harsh interrogation methods? That's never been clear, but now
Democratic leaders are more determined than ever to find out. The CIA
acknowledged last week, in response to a freedom of information lawsuit
by the ACLU, that Bush signed a 2002 directive authorizing the creation
of secret prisons overseas to hold and interrogate high-level Qaeda
operatives. Key Democrats, infuriated that they had to learn about the
document from a lawsuit, say they intend to demand a copy to determine
precisely what it said.
"This will allow us to pull back the
curtain on what the president knew and when he knew it," said one
Democratic aide, who asked not to be identified talking about sensitive
matters. Sen. Patrick Leahy, the incoming chair of the Senate Judiciary
Committee, on Friday fired off a letter to Attorney General Alberto
Gonzales, seeking a copy of the 2002 directive.
Leahy and other
Dems also want to see a still secret Justice Department memo approving
the use of particular interrogation techniques; critics have long
suspected the document includes references to waterboarding and other
methods that may constitute torture. (Former deputy White House counsel
Timothy Flanigan last year confirmed in Senate testimony that he and
Gonzales, then the White House counsel, were briefed about particular
interrogation methods by Justice lawyers, but declined to say what they
were.) Leahy has sought to subpoena the Justice memo in the past--a
good indicator that he may well do so again when the Dems take control
of the Senate in January.
But the White House won't yield easily.
Counsel Harriet Miers has become a "hawk" on the issue of executive
priviledge, siding with Vice President Dick Cheney and other hardliners
opposed to sharing internal documents and legal opinions with Congress,
according to a White House ally who recently discussed the matter with
top officials. "There's going to be a bloody battle over this," said
the ally, a former administration official who did not want to be named
because he wanted to protect his ties to the administration. White
House spokeswoman Dana Perino said the Bush administration is willing
to work with Congress on the matter, but added "there will always be a
need for some documents to remain classified."