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Justice Dept. Rebuffs Leahy Request for Secret Docs

The Justice Department has declined to provide documents on the CIA's detention and interrogation of terror suspects that were requested by a Democratic Senator.

In a letter to incoming Senate Judiciary Committee chairman Patrick Leahy (D-VT), the Justice Department said it "was not in a position" to give him copies of the the two documents he had requested in November.

"We remain committed to continuing these discussions," the Dec. 22 letter stated. "We must do so, however, in a manner that protects classified information and the confidentiality of legal advice and internal deliberations within the Executive Branch."

In a statement e-mailed to reporters, Leahy said he was disappointed by the administration's decision to "brush off" his request, but wasn't dropping the matter. "I have advised the Attorney General that I plan to pursue this matter further at the Committee’s first oversight hearing of the Department of Justice."

Leahy's full statement, after the jump.

Comments Of Senator Patrick Leahy (D-Vt.),
Incoming Chairman, Senate Judiciary Committee
On Department Of Justice’s Response To Request
For Documents Relating To Bush Administration’s Interrogation Policies
January 2, 2007

"It is disappointing that the Department of Justice and the White House have squandered another opportunity to work cooperatively with Congress. The Department’s decision to brush off my request for information about the Administration’s troubling interrogation policies is not the constructive step toward bipartisanship that I had hoped for, given President Bush’s promise to work with us.

“I requested two documents concerning CIA interrogation methods, which the Administration recently acknowledged in a lawsuit, and other relevant information. The Administration’s refusal to provide any of this information other than forwarding a couple of public documents suggests that the President’s offer to work with us may have been only political lip service. I have advised the Attorney General that I plan to pursue this matter further at the Committee’s first oversight hearing of the Department of Justice.”

“I hope the Department and the White House will reconsider their response and work with the Judiciary Committee to promptly share this information, with any appropriate confidentiality safeguards. The Committee will continue its efforts to obtain the information that it needs for meaningful oversight and accountability on this and other issues of importance to the American people.”


Comments (76)

oldtree wrote on January 2, 2007 5:56 PM:

the bovine excrement has just entered the ventilator, and we seem to have the "buck" home where it will reside. dry cleaners begin to celebrate, lawyers dream of extra homes

Anonymous wrote on January 2, 2007 6:27 PM:

Note to Alberto - YOU ARE NOT THE PRESIDENT'S PERSONAL LAWYER. Nor were you at the White House.

Anonymous wrote on January 2, 2007 6:56 PM:

mr, leahy kick ass

OCPatriot wrote on January 2, 2007 8:00 PM:

They only understand, a figurative whack on the side of the head with a 2x4. Until it isa administered, they will lie and obfuscate. To believe otherwise is to fool yourself.

blix wrote on January 3, 2007 12:13 AM:

When the mid-level functionaries stop worrying about their jobs and start worrying about jail, that's when Leahy will get results. Let a thousand subpoenas bloom!

Anonymous wrote on January 3, 2007 12:20 AM:

Can Leahy not withold funding the DOJ or some of its program if they do not cooperate? What are the powers of the senate committee chair?

Vinilo Suave wrote on January 3, 2007 12:23 AM:

Sometime soon someone will have to acknowledge that the authority to invoke "security" will have to give way to the power of the law. And "soon" may come sooner than either George or Alberto can prevent. Let us spray.

parrot wrote on January 3, 2007 12:31 AM:

A nation of laws or a nation of monarchists?

Chuck Trotter wrote on January 3, 2007 12:56 AM:

This will "all" be decided by a Neo-con Supreme Court. Duh!!

Nancy Irving wrote on January 3, 2007 1:21 AM:

So which is it, "classified" or "executive privilege"? They are giving two reasons for withholding, which most probably means neither will hold water.

Craig Davie wrote on January 3, 2007 1:39 AM:

Only another 'flip o' the finger' to the majority of voters and the Democrats that were elected last November 7th. A further signal that W intends to do just what he has been doing for the past six years...employ the 'mushroom' tactic...keep 'em the dark and feed 'em plenty of b/s.

Will Leahy (or any other Democrat) NOW have the guts to speak out forcefully against this kind of over-bearing dictatorial rule?

Anonymous wrote on January 3, 2007 1:41 AM:

These guys are criminals and I wish Leahy and others would start making that point clearly and without any subtle niceties. Gonzales and a host of others including Bush and Cheney need to go to prison for their crimes. I don't care about impeachment--send them to the Hague to be tried like other war criminals.

Anonymous wrote on January 3, 2007 1:48 AM:

Could'nt have said it better myself

X wrote on January 3, 2007 1:52 AM:

I wonder what the magic number is for BushCo denials of requests for records to trigger serious talk of impeachment -- even if that impeachment islimited to Abu Gonzalez and other Bush cronies.

erikthered wrote on January 3, 2007 2:13 AM:

And so it begins.....

Ken wrote on January 3, 2007 2:54 AM:

This could be the opening to impeachment.

Granted the D's stated they were not looking to impeach the junta for the past crimes ( let the warcrimes court handle that) but if crusander bunnypants and his coterie of thieves, liars, traitors and perjurers continue to refuse to respond to legal oversight by the Congress then the issue of impeachment rises not as a result of recent history but rathjer as a direct reaction to current criminial acts.

I would be willing to bet that the present junta is arrogant enough to believe they can continue to stonewall and lie to congress since they are obviously above the law.


I hope that the present congress has the patriotism to show them the error of thier ways.

Innocent Bystander wrote on January 3, 2007 3:08 AM:

So how will this story play? Impeccable timing...I'm thinking Patrick is going to have a lot more firepower to get Alberto's attention soon...

http://www.cnn.com/2007/WORLD/americas/01/02/guantanamo/index.html

WASHINGTON (CNN) -- The FBI on Tuesday released documents showing at least 26 of the agency's employees witnessed aggressive mistreatment and harsh interrogation techniques of prisoners by other government agencies or outside contractors at Guantanamo Bay, Cuba.

"On several occasions witnesses saw detainees in interrogation rooms chained hand and foot in fetal position to floor with no chair/food/water; most urinated or defecated on selves and were left there 18, 24 hours or more," according to one FBI account made public.

One FBI witness saw a detainee "shaking with cold," while another noted a detainee in a sweltering unventilated room was "almost unconscious on a floor with a pile of hair next to him (he had apparently been pulling it out through the night)."

Another witness saw a detainee "with a full beard whose head was wrapped in duct tape."

Bearpaw wrote on January 3, 2007 8:21 AM:

"We remain committed to continuing these discussions ..."

... and continuing them and continuing them and ...

randron wrote on January 3, 2007 8:22 AM:

I just heard on the news that the President has called for "bipartisanship" from the new Democratic Congress. I guess that means, "My way, or the highway!" Is there such a word as "monopartisanship?" That has been, is, and always will be the ONLY way Bush deals with the Congress (unless he's impeached)!

Johann wrote on January 3, 2007 8:34 AM:

Apparently, Bush never learned the lesson from the Nixon years - that violating the laws of this country lead to serious consequences - including being given the opportunity to resign or be impeached.

I hope the Democratic congress has the balls to put impeachment back on the table. Bush is so arrogant that it will require actual impeachment proceedings to get his attention. Even then expect "his" Supreme Court to provide covering support for his violations of the Constitution of the USA.

ShorelineCT wrote on January 3, 2007 8:42 AM:

What Should Congressional Democrats Do, When the Bush Administration Stonewalls Their Efforts To Undertake Oversight?:
Part Two in a Three-Part Series
By JOHN W. DEAN

http://writ.news.findlaw.com/dean/20061229.html


....Often, before the Chairman or the full committee issues a subpoena, further informal negotiations occur. There is a long-existing tradition, recognized by all three branches, that Congress and the President are expected to work through a series of negotiations and accommodations to avoid a constitutional clash. Sometimes this process works, and the Congress narrows its requests, agrees to keep the information confidential, or obtains the information informally. When it does not work, the president must claim privilege.

The Bush Administration has been reluctant to claim "executive privilege" - given the bad name Nixon gave the use of the privilege. Accordingly, the Administration has on several occasions claimed a "deliberative privilege" - even though no such privilege exists, and it is merely another name for executive privilege.

Often, Congress folds when the president invokes executive privilege, for there is no real judicial remedy (as noted above, courts tend to punt, citing the "political question" doctrine). However, a determined Congress - or committee thereof - can prevail over a recalcitrant president (or vice president) if its members are determined and persistent.

Thus, if the 110th Congress, controlled by the Democrats, fails to get the information it needs -- and the public wants -- about the workings of the Bush/Cheney presidency, it will not be because it does not have the tools with which to obtain that information. Rather, it will be because it lacks the will to use those tools.

snip...

Legalize wrote on January 3, 2007 8:51 AM:

The two sweetest words to our ears: "subpoena power." These guys understand nothing else. Haul them ALL before various committees and just let them perjure themselves before the public - that's it. No need to threaten impeachment. They will lie and lie and lie, and by this time the public is pretty much over it. All the various committees have to do is ask questions to which they know they will not get truthful responses.

The other benefit is that the GOP Congress people can either sit there on their hands and watch Congress and the Presidency slip away for the foreseeable future, or they can take part in the digging. If they chose silence - great, we have complicity. If they chose the later - also great, no Dem piling on, and we might actually get to the bottom of things.

I look forward to the coming months.

Frank wrote on January 3, 2007 9:26 AM:

The pardoning of Nixon by Ford has been fruitful in producing followon presidents who can break the law with no fear of accountability.

Ford certainly did leave his mark on the political psyche of America. As a lawyer, he should have known what kind of a poor precedent his pardoning action made.

Leo wrote on January 3, 2007 9:49 AM:

At least we know that Leahy will swear Gonzalez in unlike Specter. We can only hope that this sets him up to perjure himself before the committee as he did before but without the chance to "clarify" his statements further after his lies have been exposed. Then they can throw his smug syncophantic ass in jail.

mad@thewordl wrote on January 3, 2007 11:04 AM:

Mr. Leahy, you have our permission to go for the throat of that rat Speedy Gonzalez. In the process, trim back the Shrub. Bloody your claws and fangs with IMPEACHMENT. It's the Lord's will and it's marvelous!

Anonymous wrote on January 3, 2007 11:27 AM:

The other half of subpoena power is jail for those who refuse to comply.

markg8 wrote on January 3, 2007 12:02 PM:

What's makes this even more interesting is how Leahy
choosing torture as the first of the many avenues he could have investigated puts St. John on the spot.

Whinenot wrote on January 3, 2007 12:39 PM:

I am wondering, when Bush and his band of crooks are up on conspiracy charges, can Frist, Hasstert and the other Republican Leaders of the previous Congress be held on similar charges for aiding these crooks in their crimes?

No oversight looks alot like conspiracy when crimes have been committed.

redford wrote on January 3, 2007 1:09 PM:

Senate Judiciary Committee chairman...let's see, what qualifications does one need to achieve this position and to what degree is this person trusted? For crying out loud, this is one of the most trusted persons in the government! And the frickin' DOJ doesn't think he's worthy of information?!
Do they think a traiterous(is that a word?)person could reach this position in government? Perhaps someone would explain this to me, but it makes no sense. I can understand not giving the info. to Cong. Steve Buyer...he's a moron, but not giving the info. to the chairman? I certainly hope Sen. Leahy pushes-back hard.

portwingduck wrote on January 3, 2007 4:41 PM:

The DOJ is full of lawyers, yet they forgot to read the Constitution:

Congress shall have the power to "make Rules concerning captives on Land and Water;" and to make rules for the Government and Regulation of the land and naval forces."

Article 1, Section 8, cls 11, and 14.

Robert wrote on January 3, 2007 5:02 PM:

Redford wrote: "Do they think a traiterous(is that a word?)person could reach this position in government?"

Yes, but it's "traitorous." Would you think the Bush gang incapable of treachery because of their high office? They assume Leahy will be as vindictive as they themselves would be, given similar opportunity...

Robert wrote on January 3, 2007 5:04 PM:

and, remember Valerie Plame? They expect no better behavior from their opposition than they gave to us themselves ...

Gigi wrote on January 3, 2007 5:16 PM:

What one needs to consider is this:

Without various organizations such as Central, this country would be in a much different place than it today. While one might hear that the organization is strictly about torture, what you don't know are the many duties of the men and woman that put their lives in peril to do whatever it takes to keep this country safe.

Doug Vee wrote on January 3, 2007 9:38 PM:

Go get 'em, Senator Leahy.

Nail GFY cheney's ass to the wall. I would love nothing better than to see the maggot cheney hauled up before a Senate committee and lie under oath.

jdjones wrote on January 3, 2007 9:41 PM:

redford must be a conservanazi stooge.

Now that the power is in the hands of the other party, the conservanazis are starting to whine louder and louder.

Where's Druggie Limblagh? Get him some Oxy and crank. Set him loose on this topic.

Buck Fush!!!!!

Tex the Viet Veteran wrote on January 3, 2007 9:47 PM:

Most of us in Texas knew bu$h was a coked-up drunk who lived off his daddy's name. A worthless person. he has no morals. he has delusions of granduer.

Well, georgie boy, reality is just about to bite you hard in your little ass. Are you gonna cry for daddy or James Baker to come help you out of your dilema?

I say Senator Leahy should collect all the information he can on these criminals, bu$h/cheney/rumdummy/rice, and send it off to the Hague. Try them for crimes against humanity.

Give 'em a Saddam Hussien necktie party.

Buck Fush!!!

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THE WHOLE BUSH CROWD NEEDS TO BE LOCKED UP!!!!!!!!!THERE IS MORE THAN ENOUGH TO IMPEACH BUSH AND CHENEY,,,THE U.S.A IS LESS BECAUSE OF THIS CROWD OF LOW LIFES TRYING TO RUN ROUGH SHOD OVER ANY ONE IN THEIR WAY,,,,,AIR GUARD FLUNKIE BUSH, 5-DEFERRAL CHENEY, THEY WERE TOO CHICKEN SHIT TO FIGHT FOR THEIR COUNTRY, BUT THEY DONT HAVE ANY PROBLEMS JUMP STARTING A WAR WITH THEIR OWN MADE UP INTELLIGENCE,,,,,,,,,,,THESE TWO NEED TO BE REMOVED RIGHT NOW AND BE MADE TO PAY THE PRICE,,,,,,,,,,,,,,,,WONDER WHY BUSH BOUTH 97,000ACRES IN SOUTH AMERICA,,,,,,,CHECK IT OUT, LOOKS TO BE TRUE

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