‘Holy Hell’ Over Torture Memos
Attorney General Eric Holder wants to release classified Bush-era interrogation memos. But U.S. intel officials are fiercely lobbying the White House to block him from moving forward.
By Michael Isikoff | Newsweek Web Exclusive
Apr 3, 2009
A fierce internal battle within the White House over the disclosure of internal Justice Department interrogation memos is shaping up as a major test of the Obama administration's commitment to opening up government files about Bush-era counterterrorism policy.
As reported by NEWSWEEK, the White House last month had accepted a recommendation from Attorney General Eric Holder to declassify and publicly release three 2005 memos that graphically describe harsh interrogation techniques approved for the CIA to use against Al Qaeda suspects. But after the story, U.S. intelligence officials, led by senior national-security aide John Brennan, mounted an intense campaign to get the decision reversed, according to a senior administration official familiar with the debate. "Holy hell has broken loose over this," said the official, who asked not to be identified because of political sensitivities.
Brennan is a former senior CIA official who was once considered by Obama for agency director but withdrew his name late last year after public criticism that he was too close to past officials involved in Bush administration decisions. Brennan, who now oversees intelligence issues at the National Security Council, argued that release of the memos could embarrass foreign intelligence services who cooperated with the CIA, either by participating in overseas "extraordinary renditions" of high-level detainees or housing them in overseas "black site" prisons.
Brennan succeeded in persuading CIA Director Leon Panetta to become "engaged" in his efforts to block release, according to the senior official. Their joint arguments stalled plans to declassify the memos even though White House counsel Gregory Craig had already signed off on Holder's recommendation that they should be disclosed, according to an official and another government source familiar with the debate. No final decision has been made, and it is likely Obama will have to resolve the matter, according to the sources who spoke to NEWSWEEK.
The continued internal debate explains the Justice Department's decision late Thursday to ask a federal judge for another two-week delay (until April 16) to file a final response in a Freedom of Information Act lawsuit by the American Civil Liberties Union seeking the release of the memos. The ACLU agreed to the two-week delay only after Justice officials represented that "high-level Government officials will consider for possible release" the three 2005 memos as well as another Aug. 1, 2002, memo on torture, that has long been sought by congressional committees and members of Congress, according to a motion filed by Justice lawyers with U.S. Judge Alvin K. Hellerstein in New York, who is overseeing the case.
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