Senate Passes Ban On Waterboarding, Other Techniques

The two Democratic presidential contenders, Sens. Hillary Rodham Clinton (N.Y.) and Barack Obama (Ill.), have said waterboarding is clearly illegal and should be banned, but neither voted yesterday because they were campaigning elsewhere.

A Justice Department senior official is expected to tell House lawmakers today that "there has been no determination by the Justice Department that the use of waterboarding, under any circumstances, would be lawful under current law."

The prepared remarks by Steven G. Bradbury, acting head of the department's Office of Legal Counsel, for a Judiciary subcommittee hearing was obtained in advance by The Washington Post. It essentially reiterates the view of Mukasey, who testified last week that he had not analyzed the legality of waterboarding because it is no longer used. Neither answers the question of whether waterboarding would be legal now.

Human rights groups and civil liberties advocates argue that waterboarding amounts to illegal torture. "This legislation will ensure that the United States no longer employs interrogation methods it would condemn if used by our enemies against captured Americans," said Elisa Massimino, Washington director of Human Rights First.

The Army manual forbids eight harsh techniques, including waterboarding, mock executions, use of beatings and electric shocks, forced nakedness and sexual acts, and causing hypothermia or heat injuries.

Washingtonpost.com staff writer Ben Pershing contributed to this report.