From: Subject: We are pleased that the Senate voted to confirm you last night as Attorney General of the United States Date: Tue, 13 Nov 2007 09:31:57 -0500 MIME-Version: 1.0 Content-Type: text/html; charset="Windows-1252" Content-Transfer-Encoding: quoted-printable Content-Location: http://us.gallerywatch.com/pipefile.asp?type=pdf&sid=AGDOC:28046:docs%2Fnews%2FUS%2Fagdocs%2F28046%5Fukasey%2Dmccain%2Ehtm X-MimeOLE: Produced By Microsoft MimeOLE V6.00.2900.3198 We are pleased that the Senate voted to confirm you = last night as Attorney General of the United States

We are pleased that the Senate voted to confirm you last night as = Attorney=20 General of the United States. As you take office, we strongly urge you = to=20 immediately receive briefings on the CIA interrogation program and to = publicly=20 declare that the technique known as "waterboarding" is illegal.

We appreciate your acknowledgement that waterboarding is "over the = line" and=20 "repugnant." As we have previously noted, waterboarding, under any=20 circumstances, represents a clear violation of U.S. law. In 2005, the = President=20 signed into law the so-called =93McCain Amendment,=94 a prohibition on = cruel,=20 inhuman, and degrading treatment as those terms are understood under the = standards of the U.S. Constitution. We expressed then our strong belief = that a=20 fair reading of this legislation outlaws waterboarding and other extreme = techniques.

Whether or not the Administration took a contrary view, it is = incontestable=20 that such techniques are outlawed by the 2006 Military Commissions Act. = Indeed,=20 during the negotiations that led to the MCA, we were personally assured = by=20 Administration officials that waterboarding was prohibited under the new = law.

We expect that you will reach the same conclusion. Given your = recognition=20 that the President cannot waive congressionally mandated restrictions on = interrogation techniques, it is vital that you publicly declare = waterboarding=20 illegal. By doing so, our nation can finally put this issue behind = us.

We must do so. We support a robust offensive to wage and prevail in = the war=20 on terror. But as we confront those committed to our destruction, it is = vital=20 that we never forget that we are, first and foremost, Americans. The = laws and=20 values that have built our nation are a source of strength, not = weakness, and we=20 will win the war on terror not in spite of devotion to our cherished = values, but=20 because we have held fast to them.

Congratulations on your confirmation as Attorney General. The = scenarios you=20 previously described as hypothetical are no longer so, and you now have = the=20 benefit of full access to classified programs and memoranda. We urge you = to=20 acquaint yourself immediately with these matters and take the = opportunity to=20 make clear that waterboarding is illegal and can never be employed. We = look=20 forward to working with you and the Department on this and other=20 matters.