Putting the War on Autopilot

Writes Eggen: "Curt Goering, senior deputy executive director of Amnesty International USA, which is involved in the lawsuit, said the flow of documents shows that the Bush administration 'didn't go into this system blind and they didn't build this system blind,' adding: 'It appears to be a calculated and calibrated effort to justify the unjustifiable.'"

Here's the declaration of Ralph S. DiMaio, the information review officer for the CIA's National Clandestine Service, describing the documents he couldn't release.

He writes: "The documents for which the presidential communication privilege has been asserted . . . contain information reflecting communications solicited and received by senior presidential advisors from CIA officials as well as communications authored by senior presidential advisors in the course of discussing issues related to formulating recommendations and advice for Presidential decision-making."

For instance: "Document 14 was authored by the National Security Advisor and solicits comments on certain suggestions based on written orders signed by the President. Document 152 was authored by the National Security Advisor, and circulates comments on a draft document to NSC principals, including the Director of Central Intelligence. Documents 17, 24, and 29 summarize for the record policy decisions made by the President or by senior presidential advisors and communicated to the CIA on a particular issue."

The FBI's Concerns

Lara Jakes Jordan writes for the Associated Press: "FBI Director Robert Mueller on Wednesday recalled warning the Justice Department and the Pentagon that some U.S. interrogation methods used against terrorists might be inappropriate, if not illegal.

"Mueller's comments came under pointed questioning by House Democrats demanding to know if the FBI tried to stop interrogations in 2002 that critics define as torture.

"Mueller said the FBI does not use coercive techniques when questioning suspects or witnesses, and he reportedly pulled his agents out of CIA or military interrogations several years ago to protect them from legal consequences.

"FBI protocol 'wouldn't engage in torture,' said Rep. Stephen Cohen, D-Tenn. 'But if you find out that other agencies may engage in torture, that you believe is illegal -- does your protocol include informing those agencies that you believe their actions are illegal?'

"'Yes,' Mueller answered.

"'Who did you inform?' Cohen asked.

"'At points in time, we have reached out to DoD, DoJ, in terms of activity that we were concerned might not be appropriate, let me put it that way,' Mueller said. DoD refers to the Department of Defense and DoJ to the Department of Justice.

"Mueller said some of the FBI's concerns dated back to 2002, when top al-Qaida detainees were waterboarded by CIA interrogators. Waterboarding involves strapping a person down and pouring water over his or her cloth-covered face to create the sensation of drowning. Critics call it a form of torture.