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Getting to the Truth Through a Nonpartisan Commission of Inquiry S. HRG. 111–200 GETTING TO THE TRUTH THROUGH A NONPARTISAN COMMISSION OF INQUIRY HEARING BEFORE THE COMMITTEE ON THE JUDICIARY UNITED STATES SENATE ONE HUNDRED ELEVENTH CONGRESS FIRST SESSION MARCH 4, 2009 Serial No. J–111–8 Printed for the use of the Committee on the Judiciary ( U.S. GOVERNMENT PRINTING OFFICE 54–049 PDF WASHINGTON : 2009 For sale by the Superintendent of Documents, U.S. Government Printing Office Internet: bookstore.gpo.gov Phone: toll free (866) 512–1800; DC area (202) 512–1800 Fax: (202) 512–2104 Mail: Stop IDCC, Washington, DC 20402–0001 VerDate Nov 24 2008 11:14 Dec 31, 2009 Jkt 054049 PO 00000 Frm 00001 Fmt 5011 Sfmt 5011 S:\GPO\HEARINGS\54049.TXT SJUD1 PsN: CMORC COMMITTEE ON THE JUDICIARY PATRICK J. LEAHY, Vermont, Chairman HERB KOHL, Wisconsin ARLEN SPECTER, Pennsylvania DIANNE FEINSTEIN, California ORRIN G. HATCH, Utah RUSSELL D. FEINGOLD, Wisconsin CHARLES E. GRASSLEY, Iowa CHARLES E. SCHUMER, New York JON KYL, Arizona RICHARD J. DURBIN, Illinois JEFF SESSIONS, Alabama BENJAMIN L. CARDIN, Maryland LINDSEY O. GRAHAM, South Carolina SHELDON WHITEHOUSE, Rhode Island JOHN CORNYN, Texas RON WYDEN, Oregon TOM COBURN, Oklahoma AMY KLOBUCHAR, Minnesota EDWARD E. KAUFMAN, Delaware BRUCE A. COHEN, Chief Counsel and Staff Director NICHOLAS A. ROSSI, Republican Chief Counsel (II) VerDate Nov 24 2008 11:14 Dec 31, 2009 Jkt 054049 PO 00000 Frm 00002 Fmt 5904 Sfmt 5904 S:\GPO\HEARINGS\54049.TXT SJUD1 PsN: CMORC C O N T E N T S STATEMENTS OF COMMITTEE MEMBERS Page Feingold, Hon. Russell D., a U.S. Senator from the State of Wisconsin ............. 5 prepared statement ................................................................................................. 72 Leahy, Hon. Patrick J., a U.S. Senator from the State of Vermont .................... 1 prepared statement ................................................................................................. 122 Specter, Hon. Arlen, a U.S. Senator from the State of Pennsylvania ................. 3 WITNESSES Farmer, John J., Jr., Partner, Arsenault, Whipple, Farmer, Fassett and Azzarello, LLP, Chatham, New Jersey ............................................................... 12 Gunn, Leet F., Vice Admiral, U.S. Navy (ret.), and President, The American Security Project, Washington, D.C. .................................................................... 10 Pickering, Ambassador Thomas, Vice Chairman, Hills & Company, Inter- national Consultants, Washington, D.C. ............................................................ 7 Rabkin, Jeremy A., Professor of Law, George Mason, University School of Law, Arlington, Virginia ...................................................................................... 19 Rivkin, David B., Baker & Hostetler, LLP, Washington, D.C. ............................ 16 Schwarz, Frederick A.O., Jr., Chief Counsel, Brennan Center for Justice, New York University School of Law, New York, New York ............................. 14 SUBMISSIONS FOR THE RECORD Atlanta Journal-Constituion, February 13, 2009, article ..................................... 36 AVAAZ.org, 70,000 support the U.S. Senate ......................................................... 38 Buffalo News, March, 9, 2009, article .................................................................... 50 RussBaker.com, March 11, 2009, article ............................................................... 51 Bush, George, Houston, Texas, letter .................................................................... 53 Capitol News Company, LLC, March, 3, 2009, article ......................................... 54 Commoncause.org, Washington, D.C., statement ................................................. 57 Constitution Project, Washington, D.C., statement .............................................. 62 Davis Group, Austin, Texas, statement ................................................................. 64 Farmer, John J., Jr., Partner, Arsenault, Whipple, Farmer, Fassett and Azzarello, LLP, Chatham, New Jersey, statement ............................................ 68 Fidell, Eugene R., President, National Institute of Military Justice, Wash- ington, D.C., statement ........................................................................................ 74 Fletch, Laurel E., Director, International Human Rights Law Clinic, Univer- sity of California, and Eric Stover, Faculty Director, Human Rights Center, University of California, Berkeley, California, statement ................................ 78 Fredrickson, Caroline, Director, American Civil Liberties Union, Washington, D.C., statement .................................................................................................... 90 Globe and Mail, a division of CTV globemedia Publishing Inc., March 4, 2009, article .......................................................................................................... 98 Gunn, Leet F., Vice Admiral, U.S. Navy (ret.), and President, The American Security Project, Washington, D.C., statement ................................................. 100 Human Events.com, February 25, 2009, article .................................................... 106 Human Rights Watch, March 4, 2009, statement ................................................. 110 Investor’s Business Daily, February 11, 2009, article .......................................... 115 Killmer, Revern Richard L., Executive Director, National Religious Commpaign Against Torture, statement ............................................................ 117 Las Vegas Review-Journal, February 12, 2009, article ........................................ 120 Lucas, Margaret M., Washington, D.C., statement .............................................. 124 (III) VerDate Nov 24 2008 11:14 Dec 31, 2009 Jkt 054049 PO 00000 Frm 00003 Fmt 5904 Sfmt 5904 S:\GPO\HEARINGS\54049.TXT SJUD1 PsN: CMORC IV Page Magarrell, Lisa, U.S. Accountabiltly Project Director, International Center or Transition on Justice, New York, New York, statement .............................. 125 Massimino, Elisa, Chief Executive Officer and Executive Director of Human Rights First, Washington, D.C., statement ........................................................ 130 Miami Herald, February 23, 2009, article ............................................................. 136 National Religious Campaign Against Torture, Washington, DC: U.S.-Sponsored Torture: A call for a Commission of Inquiry, joint state- ment ............................................................................................................... 138 Religious Leaders call for torture Commission, joint, statement ................. 140 New York Times, March 4, 2009, article ............................................................... 143 Patten, Wendy, Senior Policy Analyst, Open Society Institute, Washington, D.C., statement .................................................................................................... 147 Physicians for Human Rights, A. Frank Donaghue, Chief Executive Officer, Washington, D.C., statement .............................................................................. 149 Pickering, Ambassador Thomas, Vice Chairman, Hills & Company, Inter- national Consultants, Washington, D.C., statement ......................................... 153 Rabkin, Jeremy A., Professor of Law, George Mason, University School of Law, Arlington, Virginia, statement ................................................................... 157 Rivkin, David B., Baker & Hostetler, LLP, Washington, D.C., statement ......... 162 Schwarz, Frederick A.O., Jr., Chief Counsel, Brennan Center for Justice, New York University School of Law, New York, New York, statement .......... 169 Scripps Howard News Service, February 19, 2009, articles ................................ 211 Sessions, William S., former Chief of Government Operations Section, Depart- ment of Justice, Washington, D.C., statement .................................................. 213 U.S. Intelligence Community, R. James Woolsey, Michael Hayden, James Schlesinger, William Webster, and John Deutch, are all former Director of Central Intelligence, Washington, D.C., joint letter ..................................... 215 USA Today, February 17, 2009, article ................................................................. 217 Walsh, Joan, March 5, 2009, article ....................................................................... 219 Washington Post: February 17, 2009, article ................................................................................ 229 November 26, 2008, article .............................................................................. 232 Washington Times, March 3, 2009, articles .......................................................... 234 VerDate Nov 24 2008 11:14 Dec 31, 2009 Jkt 054049 PO 00000 Frm 00004 Fmt 5904 Sfmt 5904 S:\GPO\HEARINGS\54049.TXT SJUD1 PsN: CMORC GETTING TO THE TRUTH THROUGH A NONPARTISAN COMMISSION OF INQUIRY WEDNESDAY, MARCH 4, 2009 U.S. SENATE, COMMITTEE ON THE JUDICIARY, Washington, DC. The Committee met, pursuant to notice, at 10:10 a.m., in room SD–226, Dirksen Senate Office Building, Hon. Patrick J. Leahy, Chairman of the Committee, presiding. Present: Senators Leahy, Feingold, Whitehouse, Kaufman, Spec- ter, and Cornyn. OPENING STATEMENT OF HON. PATRICK J. LEAHY, A U.S. SENATOR FROM THE STATE OF VERMONT Chairman LEAHY. Thank you all for being here, and a very dis- tinguished panel. I could not help but think, in the wake of the tragic attacks on September
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