The Political Chase

Conyers to Mukasey: I said appear

Rep. John Conyers (D-MI)

House Judiciary Committee Chairman John Conyers responded to Attorney General Michael Mukasey’s refusal last week to appear before his committee this week regarding the CIA destroying videotapes of detainee interrogations. Although Judge Mukasey may have interpreted Conyers’ request as an opportunity for them to get acquainted — Mukasey being new and all — but that was not what Conyers had in mind.

It appears Judge Mukasey’s refusal to testfy may have not only insulted the Chairman, it may have inspired a notion of "cover-up of the cover-up." Conyers raises the tenor of the letter by saying: "Our interest in hearing from a Departmental official is more urgent in the wake of your December 13th response to the Committee’s December 7th letter requesting information." In other words, you have more than peaked my interest.

Chairman Conyers succinctly reminded Mukasey that the Attorney General does in fact report to Congress and the DOJ isn’t the only investigative body in town.

[T]his Committee has jurisdiction over the Department and an obligation to perform meaningful oversight of the Department’s activities…We also note that congressional precedent dictates that parallel congressional and executive investigations occur frequently, and therefore should not be used as a shield against proper and necessary oversight.

I do not know if Conyers specifically requested Mukasey to appear but, if he did, Conyers cut him some slack, but not much. Don’t send any water boys, because he expects "the Department will provide a high level official to testify." And be prepared to explain "the Department’s attempts to forestall legislative or judicial inquiry."

Chairman Conyers’ letter:

December 17, 2007

The Honorable Michael Mukasey
Attorney General of the United States
U.S. Department of Justice
950 Pennsylvania Ave., NW
Washington, DC 20530

Dear Mr. Attorney General:

I am writing to follow up on communications by my staff to the Department regarding the Judiciary Committee’s hearing this Thursday, on the “Applicability of Federal Criminal Laws to the Interrogation of Detainees.” The committee has requested orally to the Office of Legislative Affairs that the Department provide an official to testify at this hearing. Our interest in hearing from a Departmental official is more urgent in the wake of your December 13th response to the Committee’s December 7th letter requesting information pertaining to the destruction of the CIA videotapes showing interrogations of detainees. In that December 13th letter you refused to provide our Committee with any of the requested information, other than a statement that an investigation is pending. Letters to other congressional committees similarly declined to provide information and asked that congressional investigations be delayed for an indefinite period of time. The Department has also resisted judicial inquiry into these issues.

As you well know, this Committee has jurisdiction over the Department and an obligation to perform meaningful oversight of the Department’s activities, and other committees have oversight responsibilities concerning the CIA. We also note that congressional precedent dictates that parallel congressional and executive investigations occur frequently, and therefore should not be used as a shield against proper and necessary oversight. In light of the importance of the issue surrounding the Department’s investigation into destruction of the CIA tapes, we expect that the Department will provide a high level official to testify on this subject matter, specifically including the Department’s attempts to forestall legislative or judicial inquiry.

Sincerely,

John Conyers, Jr.
Chairman

cc: Hon. Lamar S. Smith
Hon. Jerrold Nadler
Hon. Robert C. Scott
Hon. William Delahunt
Hon. Trent Franks
Hon. Louie Gohmert
Hon. Brian Benczkowski

Copy of original letter here (pdf).