From the Post's coverage of the Michael Chertoff hearing
Questioned pointedly yesterday by Sen. Carl M. Levin (D-Mich.) about what he told lawyers in the intelligence community who asked him what interrogation methods might violate U.S. laws barring torture, Chertoff said that he could not recall his precise words but that in general he declined to discuss "hypothetical" cases.This all sounds very familiar. He and Alberto Gonzales will make a great team
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The senator showed Chertoff a heavily edited internal FBI memo written last year that recalled bureau officials' observations in 2002 that military and FBI interrogators employed differing techniques when interrogating the Guantanamo Bay detainees. Chertoff replied that he had no memory of hearing then that torture was used there, "or anything approaching torture."
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Chertoff said he was not aware of any discussion of harsh methods being employed at Guantanamo Bay while he ran the criminal division.
First of all, sir, the president has said we're not going to engage in torture under any circumstances. And so you're asking me to answer a hypothetical that is never going to occur.So our next Attorney General and the head of the Department of Homeland Security both seem to be unable to remember just why they thought the US should not be bound by various treaties outlawing torture and unwilling to discuss "hypothetical" questions directly related to that issue.
It was a very, very difficult -- I don't recall today whether or not I was in agreement with all of the analysis, but I don't have a disagreement with the conclusions then reached by the department.
That is a hypothetical question that would involve an analysis of a great number of factors.
Senator, again, you're asking me where the -- hypothetically, does that authority exist?
Senator, I don't recall that the memo actually talked about Iraq.
And so, what you really are -- what we're really discussing is a hypothetical situation
Sir, I don't recall ever using the term sort of leaning forward in terms of stretching what the law is.
Sir, I don't recall if it was requested by -- let me just say, Senator, in practice how this may work.
I don't recall specifically whether or not I requested this memo or whether or not the initial request came from the CIA or the CIA came to me. I don't recall, Senator.
I don't recall.
Sir, I don't recall today my reaction to the line- by-line analysis in that opinion.
Senator, if I may answer your question, I don't recall reading that analysis to conclude that it would have to be that kind of pain in order to constitute torture.
Whatever you do, DO NOT ask them to try to recall some hypothetical question they may have discussed in the past. Their heads might explode.
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