From the news conference today:
Q Mr. President, the Justice Department issued an advisory opinion last year declaring that as Commander-in-Chief you have the authority to order any kind of interrogation techniques that are necessary to pursue the war on terror. Were you aware of this advisory opinion? Do you agree with it? And did you issue any such authorization at any time?
THE PRESIDENT: No, the authorization I issued, David, was that anything we did would conform to U.S. law and would be consistent with international treaty obligations. That’s the message I gave our people.
Q Have you seen the memos?
THE PRESIDENT: I can’t remember if I’ve seen the memo or not, but I gave those instructions….
Q Returning to the question of torture, if you knew a person was in U.S. custody and had specific information about an imminent terrorist attack that could kill hundreds or even thousands of Americans, would you authorize the use of any means necessary to get that information and to save those lives?
THE PRESIDENT: Jonathan, what I’ve authorized is that we stay within U.S. law….
Q Mr. President, I wanted to return to the question of torture. What we’ve learned from these memos this week is that the Department of Justice lawyers and the Pentagon lawyers have essentially worked out a way that U.S. officials can torture detainees without running afoul of the law. So when you say that you want the U.S. to adhere to international and U.S. laws, that’s not very comforting. This is a moral question: Is torture ever justified?
THE PRESIDENT: Look, I’m going to say it one more time. If I — maybe — maybe I can be more clear. The instructions went out to our people to adhere to law. That ought to comfort you. We’re a nation of law. We adhere to laws. We have laws on the books. You might look at those laws, and that might provide comfort for you. And those were the instructions out of — from me to the government.
It does not comfort me.
The position the memo takes is that it is sometimes consistent with U.S. law, and international treaties, for the President to set aside acts of Congress and to order or authorize torture of prisoners. The administration will not release the memo to Congress, or say whether they adopted its findings, or discuss it in any way. So these answers tell us nothing.
The fact that the President won’t give a meaningful answer, perhaps tells us something. The fact that the Democrats on Judiciary are not sure they’ll find one G.O.P. Senator to cross the aisle and officially request the memo, according to this AP story, perhaps tells us something. The fact that Orrin Hatch told the AP that releasing the memos would “cause the deaths of our young people … by publicizing something that shouldn’t be publicized,” perhaps tells us something.
I don’t know whether Hatch is afraid for our troops, or afraid for Bush’s re-election, or both. But he’s afraid of something. If the memo is as hypothetical and harmless an exercise as some of the President’s supporters say, the best thing to do for our troops is to prove it. Release this memo, and release the ones that shows the advice was rejected, and explain what the policy actually is.