CIA General Counsel Nominee Withdraws Nomination

ABC News’ Jonathan Karl Reports: The White House announced today the withdrawal of the nomination of John Rizzo to be General Counsel for the CIA.

Rizzo decided to withdraw his nomination in the face of congressional opposition.

In a letter to the president, Rizzo said his was "honored and gratified" to have been nominated to the position but "decided it is in the best interests of [the CIA and Office of the General Counsel] to withdraw from the process."

"It was clear that he did not have the support of a majority of the Committee and would not have been confirmed,"  Senate Select Committee on Intelligence Chairman John D. Rockefeller, D-W.Va. said in a joint committee statement with his Republican counterpart released Tuesday.

White House spokeswoman Emily Lawrimore said President Bush accepted Rizzo’s withdrawal and "greatly appreciates his service and continued commitment.  For over three decades, Mr. Rizzo has helped protect the United States."

Though Rizzo has been a CIA lawyer for more than three decades and is well respected in the intelligence community, his nomination was controversial because  of his role as the CIA’s top lawyer during the development of the CIA’s secret detention program and "enhanced" interrogation techniques.  Rizzo has been acting general counsel for the CIA for most of the past six years. 

At his confirmation hearing in June, Rizzo was questioned about a 2002 Justice Department memo that outlined legal guidelines for CIA interrogations.  The memo said that inflicting pain is not torture unless it is done at a level associated with organ failure. 

At the hearing, he called the memo "overbroad" but said he did not object at the time.  Largely because of that answer, Senator Ron Wyden announced last month he had put a hold on Rizzo’s nomination, effectively blocking it.