Democrat Patrick Leahy Says Roberts to Be Questioned on Torture Memo, Presidential Power
By JESSE J. HOLLAND Associated Press Writer

WASHINGTON Aug 29, 2005 — Democrats plan to question Supreme Court nominee John Roberts about a disavowed Justice Department memo that critics say led to torture in foreign prisons, top Senate Judiciary Democrat Patrick Leahy of Vermont said Monday.

Leahy said he gave Roberts a copy of the so-called "Bybee memo" during a meeting Monday in the Senate's Russell office building. It was the second meeting between the two men since July, when President Bush nominated Roberts to replace retiring Justice Sandra Day O'Connor.

Then-Assistant Attorney General Jay Bybee argued in a Jan. 22, 2002, memo that the president has the power to issue orders that violate the Geneva Conventions as well as international and U.S. laws prohibiting torture.

"It will be raised, partly on the question of to what area if any can a president be considered above the law," Leahy told reporters. [...] Read it all at the abcnews web site: http://tinyurl.com/b3v67


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