Rep. Nadler Seeks Answers from Attorney General Mukasey

WASHINGTON, D.C. – Congressman Jerrold Nadler (NY-08), chair of the Subcommittee on the Constitution, Civil Rights and Civil Liberties today asked Attorney General Michael Mukasey about the Justice Department’s record on civil rights and civil liberties at an oversight hearing.  The hearing marks the first appearance of Mukasey before the Committee since he became Attorney General.

“Under the Bush Administration, this country has endured an ongoing attack on our fundamental freedoms,” said Rep. Nadler.  “I am hopeful that Attorney General Mukasey will show us that his allegiance lies with the Constitution, and not the President.  It is time that we restore the rule of law.”

As Chair of the Subcommittee, Rep. Nadler is holding a series of hearings titled “The Constitution in Crisis: The State of Civil Liberties in America.” In these hearings, the Subcommittee is investigating the Bush Administration’s policies, actions and programs that threaten Americans’ fundamental constitutional rights and civil liberties, and considering proposals for potential legislative fixes.

On Tuesday, Rep. Nadler called on Mukasey to appoint a special counsel to investigate the President’s apparent violation of law in asking the National Security Agency to eavesdrop, without warrants, on Americans’ phone calls.   In his request, Rep. Nadler noted that the Mukasey’s “statutory duty to appoint a special counsel is clear and undeniable.”

Rep. Nadler has also examined the practice of “extraordinary rendition,” or the covert transfer of individuals suspected of terrorism to foreign states known to practice torture for the purpose of detention and harsh interrogation or torture.  The Bush Administration has defended rendition as a necessary component of its war on terror, but questions on the practice remain unanswered.

Additionally, Rep. Nadler is examining ways to reform the state secrets evidentiary privilege, which allows the government to prevent public disclosure of testimony and materials in litigation if disclosure to the public would reveal information damaging to national security.  When used properly, the state secrets privilege protects vital national security interests.  However, the Bush Administration has invoked the privilege to block litigation challenging some of the most troubling aspects of the Administration’s war on terror, preventing meaningful judicial review of government activity that might otherwise prove to be politically embarrassing or clearly illegal.  

“Sadly, these are just a few of the examples of how this President has violated our core rights and liberties,” said Rep. Nadler.  “I will continue to conduct oversight, demand accountability, and consider means in which we can restore our fundamental freedoms.”