Hearing of the Constitution, Civil Rights and Civil Liberties Subcommitee of the House Judiciary Committee - From the Department of Justice to Guantanamo Bay: Administration Lawyers and Administration Interrogation Rules, Part V

Statement

REP. LINDA SANCHEZ (D-CA): Thank you, Mr. Chairman. I have a number of questions that I'm anxious to get though, so I'm going to jump in and begin my questioning with Mr. Ashcroft.

At any point during your tenure as attorney general, did the president himself approve or order either of the Office of Legislative Counsel, August 1st, 2002, OLC memoranda?

MR. ASHCROFT: (Off mike.) Pardon me. Did the president order what?

REP. SANCHEZ: Approve or order either of the Office of Legislative Counsel August 1st, 2002, OLC memorandums?

MR. ASHCROFT: I don't know.

REP. SANCHEZ: You don't know? You didn't discuss it with him?

MR. ASHCROFT: I don't believe so. If I did, it would be privileged. I wouldn't tell you about it, because it's a responsibility of the -- but in terms of communication to me, I would not share a communication with you that the president made to me. I think it's my responsibility as his attorney and the deliberative product of -- that attorneys are supposed to be able to talk to their -- to the people they serve confidentially.

REP. SANCHEZ: But if the president ordered it, it would have spoken with more than just you about it. He would have spoken with the OLC about it. Is that not correct?

MR. ASHCROFT: I can't answer a hypothetical about what the president might or might not have done.

REP. SANCHEZ: Do you know, at any point during your tenure as attorney general, did the president approve of the use of any of the tactics listed in either of the August 1st, 2002, OLC memorandums?

MR. ASHCROFT: I can't answer that question, based on the fact that I believe what the president did in this area is -- classified information.

REP. SANCHEZ: Do you know, at any point during your tenure as attorney general, if the president himself approved the use of waterboarding either as a policy or as applied to a specific detainee?

MR. ASHCROFT: I believe my previous answer covers that question.

REP. SANCHEZ: Do you know if at any point during your tenure as attorney general the president himself approved induced hypothermia or forced sleeplessness or stress positions in general as a policy or as applied specifically to any detainee?

MR. ASHCROFT: My previous answer covers that question.

REP. SANCHEZ: Do you know if the vice president himself approved or ordered any of these tactics, either as a policy or as applied to a specific detainee?

MR. ASHCROFT: The answer is the same as the previous.

REP. SANCHEZ: Did you ever advise the president or the vice president that the approval or ordering of any of these tactics could constitute crimes under the War Crimes Act?

MR. ASHCROFT: The answer to the question is the same as the one previous.

REP. SANCHEZ: Did you ever advise the president or the vice president that any of these tactics could constitute crimes under the Anti-Torture Act?

MR. ASHCROFT: My communications with the president are privileged communications.

REP. SANCHEZ: Did you ever advise the president or vice president that the approval or ordering of any of these tactics could constitute crimes under the Uniform Code of Military Justice for Uniformed Personnel?

MR. ASHCROFT: My communications with the president are privileged communications.

REP. SANCHEZ: Did you ever advise the president or the vice president that the approval or ordering of any of these tactics could constitute crimes under the general federal criminal laws of the United States?

MR. ASHCROFT: My communications with the president were privileged communications.

REP. SANCHEZ: In March of 2004, then-acting Attorney General James Comey refused to sign an order extending President Bush's warrantless domestic spying program, quote, "amid concerns about its legality and oversight," end quote. Mr. Comey testified in May 2007 that the White House tried to force you to overrule him despite the fact that you were debilitated in a hospital with pancreatitis. Former New Mexico U.S. Attorney David Iglesias, who was fired by the administration for refusing to file questionable voter fraud charges, has stated that your refusal to report the warrantless wiretapping program led to your being, quote, unquote, "pushed out of the Bush administration." Is Mr. Iglesias' statement correct?

MR. ASHCROFT: I'm trying to think of all the reasons that are appropriate for me to refuse to answer that question.

REP. SANCHEZ: I'd sure be interested in knowing what they are.

MR. ASHCROFT: I'm not a book writer like so many other people are. I have written books but they're not very interesting. (Laughter.)

REP. SANCHEZ: Was your departure entirely voluntary?

MR. ASHCROFT: My departure was a decision of my own. It was a decision I made. It was voluntary.

REP. SANCHEZ: Was it ever suggested that you should step down from that position?

MR. ASHCROFT: Communications between me and those responsible for my opportunity to serve America as attorney general are the subject of privilege and I won't make comments about them.

REP. SANCHEZ: Well, one last question for you. In the June 24th IG OPR report on the politicized hiring in the department honors program and summer law intern program found that in 2002, the involvement of political appointees in the hiring process was greatly expanded. As attorney general, did you know that applicants for career positions at the department were being screened for their political affiliation? Were you aware of that?

MR. ASHCROFT: I don't have any recollection of an awareness of that.

REP. SANCHEZ: And you don't -- to this day you were not informed of that.

MR. ASHCROFT: I don't know whether it's ever been mentioned to me. I --

REP. SANCHEZ: Have you read the IG's report?

MR. ASHCROFT: No, I have not.

REP. SANCHEZ: I highly suggest that you do. It might be a very eye-opening experience for you.

I see that my time has expired. I'll yield back.

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