Obama's A.G. pick breaks from Bush on torture, GITMO

WASHINGTON — Attorney General-nominee Eric Holder forcefully broke from the Bush administration's counterterrorism policies Thursday, declaring that waterboarding is torture and pledging to prosecute some Guantanamo Bay detainees in U.S. courts.

It was the latest signal that President-elect Barack Obama will chart a new course in combatting terrorism. As recently as last week, Vice President Dick Cheney defended waterboarding, a harsh interrogation tactic that simulates drowning, saying it provided valuable intelligence.

The CIA has used the tactic on at least three terrorism suspects, included alleged Sept. 11 mastermind Khalid Sheikh Mohammed. In past hearings, Attorney General Michael Mukasey and his predecessor, Alberto Gonzales, frustrated senators by repeatedly sidestepping questions about waterboarding.

It was the first topic discussed at Holder's confirmation hearing, and he made an unambiguous statement about its nature: "Waterboarding is torture."

The declaration sent a wave of approval through the public viewing gallery, where protesters, dressed in orange prison scrubs like those worn by detainees at the Guantanamo Bay military prison, held signs calling for an end to torture.

"The decisions that were made by a prior administration were difficult ones. It is an easy thing for somebody to look back in hindsight and be critical of the decisions that were made," Holder said. "Having said that, the president-elect and I are both disturbed by what we have seen and what we have heard."

Holder appeared headed for confirmation, as Democrats are in the majority and Republicans held off from the toughest questioning. After Holder agreed that the nation is at war, Sen. Lindsay Graham, R-S.C., quipped: "I'm almost ready to vote for you right now." He later said he looked forward to working with Holder.

Obama counts Holder among his most trusted confidants. As attorney general, he will take a lead role carrying out one of Obama's signature campaign promises: closing Guantanamo Bay. Obama has described the naval prison as a "sad chapter in American history." He plans to issue an executive order calling for the prison to be closed.

Holder echoed that stance Thursday but said shuttering the prison would be difficult and would take time. Many detainees could be transferred to other countries, he said, and some could be charged and jailed in the U.S. That is a contentious proposal because many oppose the idea of bringing terrorism suspects onto U.S. soil.