In a partial concession to Congressional pressure, the Bush administration agreed on Wednesday to show the Senate and House Intelligence Committees secret Justice Department legal opinions justifying harsh interrogation techniques that critics call torture.
The decision, announced at a Senate hearing where Democrats sharply criticized the administration’s secrecy on legal questions, did not satisfy other members of Congress who have pushed for the documents for several years, notably Senator Patrick J. Leahy, Democrat of Vermont and chairman of the Senate Judiciary Committee.
A spokesman for the Justice Department said officials were discussing whether to share part or all the opinions with Mr. Leahy’s panel.
At the hearing, a department official, John P. Elwood, disclosed a previously unpublicized method to cloak government activities. Mr. Elwood acknowledged that the administration believed that the president could ignore or modify existing executive orders that he or other presidents have issued without disclosing the new interpretation.
Mr. Elwood, citing a 1980s precedent, said there was nothing new or unusual about such a view.
Senator Sheldon Whitehouse, Democrat of Rhode Island, challenged Mr. Elwood, saying the administration’s legal stance would let it secretly operate programs that are at odds with public executive orders that to all appearance remain in force.
The hearing, of a subcommittee of the Senate Judiciary Committee, was called by Senator Russ Feingold, Democrat of Wisconsin. Mr. Feingold accused the administration of a “sinister trend” of promoting “secret law.”
He referred to the refusal by the Justice Department to release opinions on interrogation and domestic surveillance from the Office of Legal Counsel, whose interpretations are binding on the executive branch.
“It is a basic tenet of democracy that the people have a right to know the law,” Mr. Feingold said.
Mr. Elwood, deputy assistant attorney general for the Office of Legal Counsel, disputed that declining to make legal opinions public created improper “secret law.” He said some legal opinions had to be kept from public release, at least for a time, because they deal with classified programs or to ensure that government lawyers can give confidential legal advice.
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