Eric Holder Jr. declined to say whether he would order a criminal investigation into the actions of those involved in the CIA's interrogation and detention program, including lawyers in the Justice Department's Office of Legal Counsel, who condoned the use of waterboarding in legal memos.
About an hour earlier, Holder had told the Senate Judiciary Committee be believed waterboarding amounted to torture.
"No one is above the law," Holder said, "and we will follow the evidence, the facts, the law, and let that take us where we should."
But Holder said he didn't want to "criminalize policy differences" that might exist between the incoming and outgoing administrations.
"Would you consider these policy differences?" asked Sen. Orrin Hatch.
Holder, demurring, said he would have to familiarize himself with the details of the policies before making a judgment.