A senior Justice Department official says laws and other limits enacted since three terrorism suspects were waterboarded has eliminated the technique from what is now legally allowed, going a step beyond what CIA Director Michael Hayden has said.

"The set of interrogation methods authorized for current use is narrower than before, and it does not today include waterboarding," Steven G. Bradbury, acting head of the Justice Department's Office of Legal Counsel, says in remarks prepared for his appearance Thursday before the House Judiciary Constitution subcommittee.

"There has been no determination by the Justice Department that the use of waterboarding, under any circumstances, would be lawful under current law," he said. It is the first time the department has expressed such an opinion publicly.

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Bradbury in 2005 signed two secret legal memos that authorized the CIA to use head slaps, freezing temperatures and waterboarding when questioning terror detainees. Because of that, Senate Democrats have opposed his nomination by President Bush to formally head the legal counsel's office.

Bradbury's testimony comes as majority Democrats in Congress try to clamp down on interrogation methods that can be used on terrorism suspects.

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