April 28, 2008 – 8:06 p.m.
When it considers a fiscal 2009 intelligence authorization bill Tuesday, a Senate panel is likely once again to challenge the Bush administration’s authority to use harsh interrogation techniques on suspected terrorists.
The Senate Intelligence Committee’s markup of the draft legislation comes only days after Sen.
House Judiciary Chairman
President Bush vetoed the fiscal 2008 version of the intelligence authorization bill (
At issue is whether brutal techniques are inhuman, ineffective and damage the United States’ international standing, as Democrats argue, or whether the manual’s standard is impractical for the CIA and would hobble its ability to gather life-saving intelligence, as Republicans argue.
The Intelligence Committee is expected to begin consideration with a draft 2009 version that does not include the interrogation language. Earlier versions had included expanded authority for the nation’s spy chief to shift personnel and adjust budgets, along with expanded congressional oversight powers, such as requiring Senate approval of several high-ranking intelligence officials.
But
“The CIA has heard the message that a majority in both houses of Congress want the uniform standard provided by the Army field manual,” she said the day before Bush vetoed the 2008 bill in March. “We will not stop until it becomes law.”
After the House failed to override the veto, Feinstein said, “We’ll just keep sending it back, and he can keep vetoing it.”
Intelligence Chairman
“I am not going to put my party and my conscience in jeopardy by taking out” the interrogation language, Rockefeller said after Bush vetoed the 2008 measure. “They say you can take it out and pass it again, and [Bush would] sign it. Not me.”
The Justice Department’s letters to Wyden are likely to fuel Democrats’ commitment to include the interrogation language. In one letter dated March 6, Brian A. Benczkowski, a deputy assistant attorney general, argued that the Geneva Conventions’ “prohibitions on outrages upon personal dignity” may require case-by-case evaluation.
“The fact that an act is undertaken to prevent a threatened terrorist attack, rather than for the purpose of humiliation or abuse, would be relevant to a reasonable observer in measuring the outrageousness of the act,” Benczkowski wrote.
Democrats have been pushing back against the administration’s interrogation and detention policies on several fronts.
Conyers issued his subpoena threat in letters to David Addington, who is Vice President
Attorneys for all three men have cited executive privilege to avoid testifying. Conyers countered that officials and ex-officials in similar circumstances have testified in front of Congress before. He said they had until May 2 to reply or face subpoena.


