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Waterboarding Is Focus of Justice Dept. Inquiry SCOTT SHANE The Justice Department revealed Friday that its internal ethics office was investigating the department’s legal approval for waterboarding of Qaeda suspects by the Central Intelligence Agency and was likely to make public an unclassified version of its report. The disclosure by H. Marshall Jarrett, the head of the department’s Office of Professional Responsibility, was the first official acknowledgment of an internal review of the legal memorandums the department has issued since 2002 that authorized waterboarding and other harsh interrogation methods. Mr. Jarrett’s report could become the first public accounting for legal advice that endorsed methods widely denounced as torture by human rights groups and legal authorities. His office can refer matters for criminal prosecution; legal experts said the most likely outcome was a public critique of the legal opinions on interrogation, noting that Mr. Jarrett had the power to reprimand or to seek the disbarment of current or former Justice Department lawyers.
(Article continues below) The cloak of secrecy that long concealed the C.I.A.’s secret interrogation program and its legal underpinnings has gradually broken down. The C.I.A. director, Gen. Michael V. Hayden, publicly admitted for the first time two weeks ago that the agency used waterboarding in 2002 and 2003 in the interrogation of three Qaeda suspects but said that the technique was no longer used, and its legality under current law is uncertain. The technique, which has been used since the Spanish Inquisition and has been found illegal in the past by American courts, involves water poured into the nose and mouth to create a feeling of drowning. After General Hayden’s acknowledgment, Attorney General Michael B. Mukasey rebuffed demands for a criminal investigation of interrogators who used waterboarding or of their superiors, saying C.I.A. officers could not be prosecuted for actions the Justice Department had advised them were legal. Mr. Jarrett’s review focuses on the government lawyers who gave that advice. Mr. Jarrett’s disclosure came as prosecutors and F.B.I. agents conduct a criminal investigation of the C.I.A.’s destruction in 2005 of videotapes of harsh interrogations and a week after Congress passed a ban on coercive interrogations, which President Bush has said he will veto.
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