Dear Senator Leahy,

When you proposed a Truth Commission on February 9, you rejected prosecution because it could "take all of the next eight years."

In your interview with Rachel Maddow on February 10, you said prosecution could "take 10 or 15 years."

Your statements require us to ask these questions:

1. Are you aware that President Bush and Vice President Cheney have publicly confessed that they authorized waterboarding and other acts which are established forms of torture under federal law?

• On 4/11/08, ABC's Martha Raddatz asked President Bush about "enhanced interrogation methods, including waterboarding, for detainees." Mr. Bush replied, "I told the country we did that. And I also told them it was legal. We had legal opinions that enabled us to do it. And, no, I didn't have any problem at all trying to find out what Khalid Sheikh Mohammed knew... Yes, I'm aware our national security team met on this issue. And I approved."
• On 12/16/08, ABC's Jonathan Karl asked Vice President Cheney, "Did you authorize the tactics that were used against Khalid Sheikh Mohammed?" Mr. Cheney replied, "I was aware of the program, certainly, and involved in helping get the process cleared, as the agency in effect came in and wanted to know what they could and couldn't do. And they talked to me, as well as others, to explain what they wanted to do. And I supported it."

2. Armed with these confessions, why would prosecution take any longer than other confessed crimes?

3. Do you believe former Presidents and Vice Presidents are above the law?

4. Do you believe a President can authorize torture on the basis of "legal opinions"?

5. Do you accept our obligation under the Convention Against Torture to prosecute war criminals?