Washington ? Democrats plan to question Supreme Court nominee John Roberts about a disavowed Justice Department memo that critics say led to torture in foreign prisons, top Senate Judiciary Democrat Patrick Leahy of Vermont said Monday.

Leahy said he gave Roberts a copy of the so-called “Bybee memo” during a meeting Monday in the Senate’s Russell office building. It was the second meeting between the two men since July, when President Bush nominated Roberts to replace retiring Justice Sandra Day O’Connor.

Then-Assistant Atty. Gen. Jay Bybee argued in a Jan. 22, 2002, memo that the president has the power to issue orders that violate the Geneva Conventions as well as international and U.S. laws prohibiting torture.

“It will be raised, partly on the question of to what area – if any – can a president be considered above the law,” Leahy told reporters.