2nd Delay Sought On Detainee Report

Justice Dept. Wants More Review

Discussion Policy
Comments that include profanity or personal attacks or other inappropriate comments or material will be removed from the site. Additionally, entries that are unsigned or contain "signatures" by someone other than the actual author will be removed. Finally, we will take steps to block users who violate any of our posting standards, terms of use or privacy policies or any other policies governing this site. Please review the full rules governing commentaries and discussions. You are fully responsible for the content that you post.
Washington Post Staff Writer
Saturday, June 27, 2009

Justice Department lawyers told a federal judge yesterday that the disclosure of a hotly anticipated 2004 report by the CIA inspector general on the Bush administration's interrogation program for terrorism suspects will be delayed until shortly before the July 4 holiday weekend.

The lengthy report was previously published in a heavily redacted format. It is under review by government lawyers who are balancing the requirements of the Freedom of Information Act against the secret nature of the interrogation program, which paved the way for detainee waterboarding, sleep deprivation and confinement in small, dark spaces.

Authorities initially predicted that they would release the report in a slightly less redacted format more than a week ago. Yesterday's request marks the second time the Justice Department has put off the release.

"Due to the need for inter-agency review of the re-processed document, the government now intends to complete its re-review of the document by July 1," Assistant U.S. Attorney Heather K. McShain wrote.

At the same time, government lawyers sought an extension in a separate case seeking 35 Bush-era Defense Department documents related to detainee abuse and allegations of torture. In a letter to U.S. District Judge Alvin K. Hellerstein, Justice Department lawyers said that "additional time is needed for consultation within the government regarding any potential release."

Both cases had been filed years ago by the American Civil Liberties Union. It has been seeking to build a record of the development of interrogation policy and alleged abuses of detainees housed at the military prison at Guantanamo Bay, Cuba, and elsewhere around the globe.

The requests for delay came as the United Nations honored victims of torture in an international call for remembrance. President Obama issued a White House statement yesterday saying: "Torture is contrary to the founding documents of our country, and the fundamental values of our people. It diminishes the security of those who carry it out, and surrenders the moral authority that must form the basis for just leadership. That is why the United States must never engage in torture, and must stand against torture wherever it takes place."

Obama administration officials are proceeding cautiously as they seek to calm the political waters and forestall congressional Democrats' efforts to create a "truth commission" that would examine the government's anti-terrorism efforts using subpoena power.

Separately, administration lawyers urged a federal judge late yesterday to dismiss a civil lawsuit filed against former defense secretary Donald H. Rumsfeld and other Bush officials by the families of two detainees who committed suicide in 2006 after four years of imprisonment at Guantanamo Bay. The families allege that military leaders violated the men's constitutional rights.

Lawyers in the Justice Department's civil division argued that the former military officials are entitled to immunity under the law, and that the issue is "fraught with political and military concerns" and is "best reserved" for Congress.

Staff writer R. Jeffrey Smith contributed to this report.



© 2009 The Washington Post Company