Senators Question CIA Nominee on Torture

When Sen. Christopher S. Bond (R-Mo.), the ranking minority member, asked whether Rizzo thought a ban on CIA domestic surveillance activities should be lifted, he responded: "I happen to believe, senator, that the CIA can continue to be effective in its assigned mission . . . without any domestic surveillance authority capability. So I do believe, on a number of grounds, that that area is best left to the FBI and other domestic law enforcement agencies."

Noting that the Supreme Court last summer ruled that all prisoners in U.S. custody -- including those held by the CIA -- must be treated in accordance with the Geneva Conventions, Committee Chairman John D. Rockefeller IV asked whether pending interrogation rules had been approved by the White House. "Not to date, sir," Rizzo replied.

Rockefeller's follow-up, asking about how the president will interpret the relevant provisions of the Geneva Conventions in relation to CIA activities, elicited the longest response of the day. "Okay," Rizzo said, launching an explanation of the difference between "grave" and "non-grave" offenses under the conventions. "Let me give it a shot."

But when Sen. Ron Wyden (D-Ore.) asked whether Rizzo agreed with the reminder given to troops by the top U.S. commander in Iraq, Gen. David H. Petraeus, that torture is not only illegal but "frequently neither useful or necessary" in eliciting information, Rizzo chose his words carefully.

"I don't have any objection to that statement," Rizzo replied.

Sen. Carl M. Levin (D-Mich.) tried a different tack. "Have detainees been rendered by us, including the CIA, to countries that use torture?"

Rizzo said he would have to answer behind closed doors.

"I'm not asking you which countries," said Levin, who is also a lawyer. He repeated the question.

"Well, again, if you don't mind, senator . . . it's difficult to give a yes or no answer to that in an open session."

Levin later asked for the record to reflect "a statement of the president in December 2005 that we do not render to countries that torture, a statement made in public . . . in contrast to Mr. Rizzo's statement that he could not answer that question in public."