Friday, November 24, 2006

Senate Democrats Revive Demand for Classified Data

WASHINGTON, Nov. 23 — Seeking information about detention of terrorism suspects, abuse of detainees and government secrecy, Democrats on the Senate Judiciary Committee are reviving dozens of demands for classified documents that until now have been rebuffed or ignored by the Justice Department and other agencies.

“I expect real answers, or we’ll have testimony under oath until we get them,” Senator Patrick J. Leahy of Vermont, who will head the committee beginning in January, said in an interview this week. “We’re entitled to know these answers, and in many instances we don’t get them because people are hiding their mistakes. And that’s no excuse.”

Mr. Leahy, who has said little about his plans for the committee, expressed hope for greater cooperation from the Bush administration, which he described as having been “obsessively secretive.” His aides have identified more than 65 requests he has made to the Justice Department or other agencies in recent years that have been rejected or permitted to languish without reply.

Now that they are about to control Congress, what he and other Democrats regard as a record of unresponsiveness has energized their renewal of longstanding requests for information about some of the administration’s most hidden and fiercely debated operations. In addition, other such requests by committee members deal with subjects like voter fraud, immigration and background inquiries on Supreme Court nominees.

With little more than two weeks gone since the elections that gave his party a majority in both houses, Mr. Leahy has already begun pressing the Justice Department for greater openness. In a letter last Friday, he asked Attorney General Alberto R. Gonzales to release two documents whose existence the Central Intelligence Agency, in response to a suit by the American Civil Liberties Union, recently acknowledged for the first time. Although their details are not known, the documents appear to have provided a legal basis for the agency’s detention and harsh interrogation of high-level terrorism suspects.

One document is a directive, signed by President Bush shortly after the September 2001 attacks, that granted the C.I.A. authority to set up detention centers outside the United States and outlined allowable interrogation procedures.

The second is a memorandum, written by the Office of Legal Counsel at the Justice Department in 2002, that is thought to have given the C.I.A. specific legal advice about interrogation methods that would not violate a federal statute on torture.

With Democrats in control, it will be harder for executive branch agencies to sidestep requests for documents. Behind each request will be the possibility of Democrats’ voting to issue subpoenas that would compel documents or testimony, although Senate aides said they hoped to avoid conflict.

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