July 12 (Bloomberg) -- Attorney General Eric Holder is considering whether to appoint a prosecutor to conduct a criminal investigation of interrogation techniques used on terrorism suspects during the Bush administration, according to a person familiar with the matter.

The person, who spoke on condition of anonymity, declined to say whether Holder is leaning in favor of naming a prosecutor, as Newsweek, citing unidentified people, reported on its Web site yesterday. The Washington Post carried a similar report in today’s editions.

The Bush administration interrogation practices included waterboarding, or simulated drowning, which Holder has described as torture. The Obama administration in April released memos written by Bush Justice Department lawyers that authorized use of waterboarding and other methods.

“We have made no decisions on investigations or prosecutions, including whether to appoint a prosecutor to conduct further inquiry,” said Matthew Miller, a Justice Department spokesman, in an e-mail. “As the attorney general has made clear, it would be unfair to prosecute any official who acted in good faith based on legal guidance from the Justice Department.”

A decision to conduct a criminal investigation could inflame relations with Republican lawmakers. Since leaving office, former Vice President Dick Cheney has defended the way the Bush administration conducted interrogations, saying the techniques helped save American lives.

Holder told reporters in April that he would “follow the evidence” in deciding whether to act against the former Justice Department lawyers who wrote the memos. The Democratic Obama administration has said it wouldn’t prosecute Central Intelligence Agency employees who followed the advice.

President Barack Obama is opposed to an effort by Democrats to establish a “truth commission” to investigate interrogation methods. Obama said in April that “as a general view, I think that we should be looking forward and not backwards.”

To contact the reporter on this story: Justin Blum in Washington at jblum4@bloomberg.net

Last Updated: July 12, 2009 13:03 EDT