Congress of the United States

Washington, D.C. 20515

June 6, 2008

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:

We are writing to request that you appoint a special counsel to investigate whether the Bush Administration’s policies regarding the Interrogation of detainees have violated federal criminal laws. There is mounting evidence that the Bush Administration has sanctioned enhanced interrogation techniques against detainees under the control of the United States that warrant an investigation.

Congress is already aware of the pattern of abuse against detainees under the control of the United States and the Bush Administration. In 2004, prisoners being held at Abu Ghraib prison were subjected to abuse, sexual exploitation, and torture. At the Guantanamo Bay Detention facility prisoners have been held indefinitely, subjected to sleep deprivation, and drugged against their will. An independent investigation by the International Committee of the Red Cross documented several instances of acts of torture against detainees, including soaking a prisoner’s hand in alcohol and lighting it on fire, subjecting a prisoner to sexual abuse, and forcing a prisoner to eat a baseball. In October 2005, the New York Times reported that three detainees were killed during interrogations in Afghanistan and Iraq by CIA agents or CIA contractors.

We believe that these events alone warrant action, but within the last month additional information has surfaced that suggests the fact that not only did top Administration officials meet in the White House and approve the use of enhanced techniques including waterboarding against detainees, but that President Bush was aware of, and approved of the meetings taking place. This information indicates that the Bush Administration may have systematically implemented, from the top down, detainee interrogation policies that constitute torture or otherwise violate the law. We believe that these serious and significant revelations warrant an immediate investigation to determine whether actions taken by the President, his Cabinet, and other Administration officials are in violation of the War Crimes Act (18 U.S.C. 2441), the Anti-Torture Act (18 U.S.C. 2340-2340A), and other U.S. and international laws.

Despite the seriousness of the evidence, the Justice Department has brought prosecution against only one civilian for an interrogation-related crime. Given that record, we believe that it is necessary to appoint a special counsel to insure that a thorough and impartial investigation occurs, and that the prosecution of anyone who violated federal criminal statutes prohibiting torture and abuse is pursued if warranted by the facts.

Again, we strongly urge you to act in a timely manner to appoint a special counsel. We look forward to hearing from you in response to our request.

Sincerely,

Jan Schakowsky, Member of Congress

John Conyers, Chairman, House Judiciary Committee

Jerrold Nadler, Chairman, Subcommittee on the Constitution, Civil Rights and Civil Liberties

Barney Frank, Member of Congress

Jim Oberstar, Member of Congress

Sheila Jackson Lee, Member of Congress

Carol Maloney, Member of Congress

Peter DeFazio, Member of Congress

Ed Markey, Member of Congress

Maurice Hinchey, Member of Congress

Jim McGovern, Member of Congress

Lynn Woolsey, Member of Congress

Jim McDermott, Member of Congress

Bob Filner, Member of Congress

Tammy Baldwin, Member of Congress

Keith Ellison, Member of Congress

Steve Cohen, Member of Congress

John Olver, Member of Congress

Betty McCollum, Member of Congress

Sam Farr, Member of Congress

Jim Moran, Member of Congress

Betty Sutton, Member of Congress

Bobby Scott, Member of Congress

Dennis Kucinich, Member of Congress

Lois Capps, Member of Congress

Joe Serrano, Member of Congress

William Jefferson, Member of Congress

Michael Capuano, Member of Congress

Pete Stark, Member of Congress

Lucille Roybal-Allard, Member of Congress

John Tierney, Member of Congress

George Miller, Member of Congress

Luis Gutierrez, Member of Congress

Steven Rothman, Member of Congress

Rush Holt, Member of Congress

David Wu, Member of Congress

Paul Hodes, Member of Congress

Andre Carson, Member of Congress

Robert Wexler, Member of Congress

Lloyd Doggett, Member of Congress

Diana DeGette, Member of Congress

Raul Grijalva, Member of Congress

John Larson, Member of Congress

Rick Boucher, Member of Congress

Hilda Solis, Member of Congress

Linda Sanchez, Member of Congress

Danny Davis, Member of Congress

Rosa DeLauro, Member of Congress

Michael Honda, Member of Congress

Eleanor Holmes Norton, Member of Congress

Peter Welch, Member of Congress

Tim Ryan, Member of Congress

Barbara Lee, Member of Congress

Zoe Lofgren, Member of Congress

Chaka Fattah, Member of Congress

David Price, Member of Congress