The New York Times reports:
President Bush, reacting to a Congressional uproar over the disclosure of secret Justice Department legal opinions permitting the harsh interrogation of terrorism suspects, defended the methods on Friday, declaring, “This government does not torture people.”
The remarks, Mr. Bush’s first public comments on the memorandums, came at a hastily arranged Oval Office appearance before reporters. It was billed as a talk on the economy, but after heralding new job statistics, Mr. Bush shifted course to a subject he does not often publicly discuss: a once-secret Central Intelligence Agency program to detain and interrogate high-profile terror suspects.
“I have put this program in place for a reason, and that is to better protect the American people,” the president said, without mentioning the C.I.A. by name. “And when we find somebody who may have information regarding a potential attack on America, you bet we’re going to detain them, and you bet we’re going to question them, because the American people expect us to find out information — actionable intelligence so we can help protect them. That’s our job.”
Without confirming the existence of the memorandums or discussing the explicit techniques they authorized, Mr. Bush said the interrogation methods had been “fully disclosed to appropriate members of Congress.”
But his comments only provoked another round of recriminations on Capitol Hill, as Democrats ratcheted up their demands to see the classified memorandums, first reported Thursday by The New York Times.
“The administration can’t have it both ways,” Senator John D. Rockefeller IV, the West Virginia Democrat who is chairman of the Senate Intelligence Committee, said in a statement after the president’s remarks. “I’m tired of these games. They can’t say that Congress has been fully briefed while refusing to turn over key documents used to justify the legality of the program.”
In two separate legal opinions written in 2005, the Justice Department authorized the C.I.A. to barrage terror suspects with a combination of painful physical and psychological tactics, including head-slapping, simulated drowning and frigid temperatures.
The memorandums were written just months after a Justice Department opinion in December 2004 declared torture “abhorrent.”
Administration officials have confirmed the existence of the classified opinions, but will not make them public, saying only that they approved techniques that were “tough, safe, necessary and lawful.”
On Friday, the deputy White House press secretary, Tony Fratto, took The Times to task for publishing the information, saying the newspaper had compromised America’s security.
“I’ve had the awful responsibility to have to work with The New York Times and other news organizations on stories that involve the release of classified information,” Mr. Fratto said. “And I could tell you that every time I’ve dealt with any of these stories, I have felt that we have chipped away at the safety and security of America with the publication of this kind of information.”
The memorandums, and the ensuing debate over them, go to the core of a central theme of the Bush administration: the expansive use of executive power in pursuit of terror suspects.
That theme has been a running controversy on Capitol Hill, where Democrats, and some Republicans, have been furious at the way the administration has kept them out of the loop.
The clash colored Congressional relations with Alberto R. Gonzales, the former attorney general. And by Friday, it was clear that the controversy would now spill over into the confirmation hearings for Michael B. Mukasey, the retired federal judge whom Mr. Bush has nominated to succeed Mr. Gonzales in running the Justice Department.
Senator Carl Levin, the Michigan Democrat who is chairman of the Senate Armed Services Committee, sent a letter to Mr. Mukasey asking him whether, if confirmed, he would provide lawmakers with the Justice Department memorandums.
And Senator Charles E. Schumer, the New York Democrat and Judiciary Committee member, said he expected the memorandums would become a central point in the Mukasey confirmation debate.
“When the president says the Justice Department says it’s O.K., he means Alberto Gonzales said it was O.K.,” Mr. Schumer, who has been a vocal backer of Mr. Mukasey, said in an interview.
“Very few people are going to have much faith in that, and we do need to explore that.”
The administration has been extremely careful with information about the C.I.A. program, which had been reported in the news media but was, officially at least, a secret until Mr. Bush himself publicly disclosed its existence in September 2006.
At the time, the president confirmed that the C.I.A. had held 14 high-profile terrorism suspects — including the man thought to be the mastermind of the Sept. 11 terrorist attacks — in secret prisons, but said the detainees had been transferred to Guantánamo Bay, Cuba.
The 2005 Justice Department opinions form the legal underpinning for the program. On Friday, the director of the C.I.A., Gen. Michael V. Hayden also defended the program, in an e-mail message to agency employees.
“The story has sparked considerable comment,” General Hayden wrote, referring to the account in The Times, “including claims that the opinion opened the door to more harsh interrogation tactics and that information about the interrogation methods we actually have used has been withheld from our oversight committees in Congress. Neither assertion is true.”