Nadler Holds Oversight Hearing on DOJ Office of Legal Counsel

Controversial Memos Authored by Acting Head Steven Bradbury to be at Issue

WASHINGTON, D.C. – Congressman Jerrold Nadler (NY-08), chair of the Subcommittee on the Constitution, Civil Rights and Civil Liberties today held an oversight hearing on the Office of Legal Counsel (OLC) at Department of Justice.  Steven Bradbury, the Acting Principal Deputy Assistant Attorney General in charge of the OLC, was the sole witness.

“OLC’s job it to act as the government’s lawyer, to provide sound legal advice to the President and federal agencies,” said Rep. Nadler.  “But far too often, the Bush Administration’s OLC has failed in its responsibility to exercise independent judgment.  Instead, it has acted as an advocate for actions that violate both the letter and spirit of the law.  What should be an independent office has, from what we can see, been a lapdog for the White House.  I hope that Mr. Bradbury can shed some light on how independent analysis has been trumped by political loyalties.”

Rep. Nadler noted that the OLC has played a key role in the development of the White House’s interrogation policies.  Mr. Bradbury is reportedly the author of several controversial memoranda regarding interrogation of detained suspected terrorists, some of which have been used to justify the Administration’s interrogation tactics and other questionable actions.   

In October 2007, the New York Times reported that Mr. Bradbury signed secret memos that authorized interrogators to use a combination of painful physical and psychological techniques.  He also declared that the CIA’s “enhanced” interrogation methods did not constitute cruel, inhuman or degrading treatment, as outlawed by Congress in the 2005 Detainee Treatment Act.

The House Judiciary Committee has repeatedly sought access to these memos, but the Administration has thus far been unwilling to provide them.  Today’s hearing provided an opportunity to shed light on the origins and purpose of these secret memoranda, and what, if any, internal deliberation there was.

Rep. Nadler noted that Mr. Bradbury’s nomination to be Assistant Attorney General has been held up for over two years, primarily over similar concerns by some Senators.

“The torture issue is just the tip of the iceberg,” Rep. Nadler added.  “Rendition, the warrantless surveillance program, and the abuse of the state secrets doctrine to frustrate court and congressional oversight – many of the controversial operations post 9/11 have been conducted with the approval of the OLC.  We need to know how this office is reaching the conclusions that gut our fundamental freedoms.”