Torture hearings, Part 6

By GottaLaff

Schiff: White House foisted an OLC director who was too pliable?

Ashcroft: I have to quibble with "foist". I'm conerned about independence, vetting, and sometimes relationships would prevent that from happening. I listened to concerns, addressed them.

Schiff: Why did the WH reject candidates?

Ashcroft: The president is elected to have people he's comfortable with in office and rely on.

Schiff: There's a dangerous logic in the administration that says we can put someone in, like OLC, an obscure office... the fact that torture is approved by them, gives no confidence that we're distinguishing between what's torture and what's not.. and the OLC says it's okay.

I think the choice of that position is important because of that. So if you were concerned with choosing someone not best qualified, but who would approve of their request is..that's why I'm asking.

You imply that because OLC approved, there's no liability. Better would be for the AG to authorize an investigation, and if it's determined that the prohibition on torture was violated,then follow up.

But we don't' know if the head of the OLC selection was flawed, opinions were flawed... You don't know what techniques were being employed... We've created a precedent that we can pick anyone for OLC. Same logic with a subpoena issued. Bush and AG have changed things... And we seem to accept that. This circularity concerns me.

Ashcroft: With all respect, there's no circularity. the circle is interrupted. The DoJ itself generated concern and it was withdrawn and a new opinion was issued. The conclusion wasn't wrong, but the opinion was changed.

Schiff: How do we provide accountability for putting the wrong person in the job and then saying we relied on the erroneous opinions of someone in the wrong position?

Dellinger: [Long meandering answer that got cut off.]

Artur Davis: Aftermath of 9/11. At the time there was a spirit of unity. The Patriot Act passed. The authorization to attack Iraq passed. Now, we have intense division, partisan, ideological... How did we get there?

Dellinger: The biggest mistake was the decision by executive branch to exclude the other branches from critical decisions... like no judicial review of military commissions. Not to comply of torture statutes that only were revealed by leaks! No respect for role of courts and Congress.

Davis: I agree, and I've told Addington, others. Addington and Yoo made a virtue of ignoring Congress. Mr. Ashcrogt, would you concede that administration would have benefited by including the legislative branch?

Ashcroft: [laughs] My time has expired. [allowed to continue] (Davis: I'm asking with regard to detainee policy, torture statutes.) I think I know where you're trying to point me sir, but I'd prefer to be pointed toward the door. We did benefit when we did work together, as we did with Patriot Act. TIME... CUT OFF.