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us torture memos
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Barack Obama today released four top secret memos that allowed the CIA under the Bush administration to torture al-Qaida and other suspects held at Guantánamo and secret detention centres round the world. But, in an accompanying statement, Obama ruled out prosecutions against those who had been. When we talk today of the "torture memos," most of us think about the later memoranda, like the infamous "Bybee Memo" of August 1, 2002, which authorized the use of torture against terror law detainees. But those later pronouncements of policy, in one way or another, were all based upon the perversion. 25 Alberto R. Gonzales, the White House counsel, in a memorandum to President Bush, said that the Justice Department's advice in the Jan. 9 memorandum was sound and that Mr. Bush should declare the Taliban and Al Qaeda outside the coverage of the Geneva Conventions. That would keep American officials from. Memorandum for Alberto R. Gonzales. Counsel to the President. Re: Standards of. the Convention Against Torture and Other Cruel, Inhuman and Degrading Treatment or. Punishment as implemented by Sections 2340-2340A of title 18 of the United States. Code. As we understand it, this question has. u.s. Department 'of Justice. Office ofLegal Counsel. Office of the Deputy Assistant Attorney General. Washington. D.C. 20530. March 14,2003 . Memorandum for William J. Haynes IT,. General Counsel of the Department of Defense. Re: Military Interrogation ofAlien Unlawful Combatants Held Outside the. NEW YORK – In response to litigation filed by the American Civil Liberties Union under the Freedom of Information Act (FOIA), the Justice Department today released four secret memos used by the Bush administration to justify torture. The memos, produced by the Justice Department's Office of Legal. The release of the torture memos led others to recognize the problem. In the New York Times, columnist Roger Cohen reviewed a book by British journalist Geoffrey Hodgson, who concludes that the US is “just one great, but imperfect, country among others." Cohen agrees that the evidence supports. On 16 April 2009, US President Barack Obama, responding to an American Civil Liberties Union (ACLU) Freedom of Information Act request, released four Bush-era documents belonging to a series of papers known collectively as the 'torture memos', which outline the US government's legal analysis and. (Washington, DC) – United States Senate Judiciary Committee members considering James Comey for the next director of the Federal Bureau of Investigation (FBI) should question him on his apparent approval of legal memos authorizing torture, Human Rights Watch and six other human rights and civil. If a government employee were to torture a suspect in captivity, "he would be doing so in order to prevent further attacks on the United States by the Al Qaeda terrorist network," said the memo, from the Justice Department's office of legal counsel, written in response to a CIA request for legal guidance. A federal appeals court said Wednesday that John Yoo, the George W. Bush administration lawyer who wrote memos used to rationalize torture of suspected terrorists, cannot be sued by enemy combatants who claim they were tortured. Yoo, who was the deputy assistant attorney general in the Justice. Stephen Vladeck, Professor of Law at the American University Washington College of Law moderated a conference on the so-called U.S. “torture memos" on Tuesday, November 3, 2009. The conference consisted of a keynote address by Senator Sheldon Whitehouse (D-RI) and a panel of distinguished. The American Civil Liberties Union said the memo was written by the Department of Justice's Office of Legal Counsel and sent to the CIA in August 2002. The ACLU described the memo as "one of the most important torture documents still being withheld by the Bush administration." In a copy of the order. A former Justice Departmentofficial criticized for being the principal author of the legaljustifications for "enhanced interrogation techniques" wasnarrowly confirmed by the Senate on Tuesday as the top lawyerfor the U.S. Transportation Department. The most notorious document among the memos drafted by President Bush's legal advisers as they analyzed how far the U.S. could go to extract intelligence from those captured in the war on terror is known as the "Bybee memo." (PDF File) Some call it the "torture memo." The Aug. 1, 2002 memo, sent from. It has become widely known that after the terrorist attacks of 9/11 the United States initiated a program of torture and ill-treatment against al-Qaeda suspects. What is less discussed is how exactly the Bush Administration legally justified this ill-treatment in a democracy that was legally bound by an international prohibition of. This commentary was written by Boalt Law School Professor John Yoo, who is also a visiting scholar at the American Enterprise Institute. Yoo was deputy assistant attorney general in the Office of Legal Counsel of the Justice Department from 2001 to 2003. He wrote this article for the San Jose Mercury. Steven Bradbury, Office of Legal Counsel, Department of Justice Memo for John A Rizzo, Senior Deputy General Counsel, CIA. Re: Application of United States Obligations Under Article 16 of the. Convention Against Torture to Certain Techniques that May Be Used in the Interrogation of High Value Al Qaeda Detainees But the argument that they gave us vital information, which readers can see deployed in the memos just as they were deployed to reassure an uneasy. is the May 30 opinion, just because it had to get over the lowest standard — "cruel, inhuman, or degrading" in Article 16 of the Convention Against Torture. In April of 2004, the world learned that American soldiers in Iraq had abused prisoners at the Abu Ghraib Prison. Images first revealed on CBS and in The New Yorker showed hooded prisoners standing on a box with wires attached to their hands and genitals; piles of naked prisoners stacked into a pyramid. Beth Van Schaack, former war crimes expert at the U.S. Department of State who has written extensively about Nielson's memo, argues that “if Nielson's theory of the treaty were to prevail, United States personnel could torture civilians—so long as they did so outside the United States—without breaching. That ban, which Trump says is needed while a review of the government's system for vetting refugees and others seeking to enter the United States is reviewed. Yoo, an advocate of strong presidential power, is the author of the so-called "torture memos" that gave President George W. Bush the authority to. This Sunday will mark eight years to the day in which lawyers in the Office of Legal Counsel (OLC) gave their legal seal of approval to use abusive techniques during interrogation which amounted to torture. On August 1, 2002, lawyers John Yoo and Jay Bybee signed their names to the torture memos,. Review. "A must-read for anyone trying to reconstruct and understand how the US ended up using medieval torture methods in the 21st Century." Clive Stafford Smith - Director of Reprieve and author of "Bad Men: Guantanamo Bay and the Secret Prisons". --This text refers to an out of print or unavailable edition of this title. tional law in the formation of American foreign policy in time of crisis, using the case study of the White House Torture Memos as a backdrop. This article is a response to two books written by one of the authors of the Department of Justice's Office of Legal Counsel (OLC) "Torture. Memos," Professor Jack Goldsmith of. The May memos conclude that none of the CIA techniques, used singly or in combination, constitute either torture or cruel, inhuman, or degrading treatment. Their analysis is heavily predicated on two facts: (1) American soldiers subjected to some of these techniques in the military's counter-torture training. Canfield, Jonathan (2005) "The Torture Memos: The Conflict Between a Shift in U.S. Policy Towards a Condemnation of Human. Rights and International Prohibitions Against the Use of Torture," Hofstra Law Review: Vol. 33: Iss. 3, Article 6. Available at: http://scholarlycommons.law.hofstra.edu/hlr/vol33/iss3/. WASHINGTON (CNN) -- The Bush administration told the CIA in 2002 that its interrogators working abroad would not violate U.S. prohibitions against torture unless they "have the specific intent to inflict severe pain or suffering," according to a previously secret Justice Department memo released Thursday. The memos examined these techniques in light of the prohibition against torture under the Convention Against Torture (Torture Convention),[1] the U.S. criminal statute that implements the Torture Convention (“the anti-torture statute†),[2] and the prohibition on cruel, inhuman, and degrading treatment. "Those torture memos displayed a disturbing disregard for the intent of Congress and flouted both international and United States law." During his confirmation hearing earlier this year, Bradbury emphasized that he was not advocating for a position, but was just giving his best legal judgment. “Every opinion. The US has published four secret memos detailing legal justification for the Bush-era CIA interrogation programme. Critics of the programme say the methods used amounted to torture. President Barack Obama has also issued a statement guaranteeing that no CIA employees will be prosecuted for their. Whatever the psychological consequences, the release of the torture memos has opened a spirited debate among Americans, revealing yet again the ideological chasm that separates us. Indeed, we can't even agree on whether we actually tortured detainees. So while some of us are aghast at the revelations; others insist. Washington, DC – U.S. Senator Dianne Feinstein (D-Calif.) placed the following statement into the record of the Senate Judiciary Committee, which today held a hearing into the actions of former Office of Legal Counsel officials John Yoo and Jay Bybee: “I am very disappointed that, due to illness, I was. Alliance for Justice is proud to advocate for accountability for those who crafted US torture policy, and excited to share this crucial issue with the Humboldt audience. Add your voice to the call for accountability: sign our petition to investigate the torture memos, and to investigate the emails missing from the OPR report. April 2. Shadow report to the UN Committee against Torture on the review of USA Advocates for U.S. Torture Prosecutions is a group of concerned legal and health professionals and scholars who. ... controversial Bush administration memos regarding the use of torture to interrogate suspected terrorists when he served as a deputy assistant attorney general in the Office of Legal Counsel from 2001 to 2003. Yoo, currently a professor at the University of California-Berkeley law school, spoke with U.S.. punishment' a criminal offence under United States law. See DTA 2005, above n 7. 27 Public Committee Against Torture v. State of Israel H.C. 5100/94 (1999). 28 2002 Standards of Conduct memorandum, above n 14, at 30-31. 29 Ardi Imseis “'Moderate' Torture on Trial: Critical Reflections on the Israeli. The Bush administration is playing down the release of confidential advice to senior administration figures which sets out a legal justification for the use of torture as part of the US war on terror. Pages in category "Series/US Justice torture memos". The following 4 pages are in this category, out of 4 total. U. US Justice torture memo for CIA: Application of 18 USC SS2340-2340A to Certain Techniques That May Be Used in the Interrogation of a High Value al Qaeda Detainee, 10 May 2005 · US Justice torture memo. The memos later became known as the "torture memos." During Bush's presidency, Bradbury was acting Assistant Attorney General from 2005 to 2007, and also headed the Office of Legal Counsel at the U.S. Department of Justice from 2005 to 2009. He was nominated for assistant attorney general — but. While torture is illegal under US and international law, most of the legal avenues that could be used to hold CIA and higher officials accountable have been closed off, one by one — many by. John Yoo, the official in the Bush Justice Department's Office of Legal Counsel who authored the "torture memos. See Adam Liptak, The Reach of War: Penal Law; Legal Scholars Criticize Memos on. Torture, N.Y. TIMES, June 25, 2004, at A14. 2. U.S. Dep't of Justice, Office of Legal Counsel, Memorandum for Alberto R. Gonzales, Counsel to the President, Re: Standards of Conduct for Interrogation Under. 18 U.S.C.. Last week the Department of State released the "Zelikow Memo," in response to a National Security Archive FOIA request. While less than the stalwart, principled, statement of righteous indignation against the United States's use of torture that some have claimed, the memo does show that some within the. the manner in which the torture memos distorted U.S. treaty obligations); Michael Hatfield, Professional- izing Moral Deference, 104 NW. U. L. REV. COLLOQUY 1, 5 (2009) (arguing that “being professionalized as a lawyer begins with moral desensitization"); Henry Shue, Torture in Dreamland: Disposing of the Ticking. Although it was not as salient as the other torture memos, which were rejected and withdrawn, Nielson's memo could still be resurrected and put the United States' treaty compliance—and the well-being of civilians in our custody—in jeopardy if implemented. UPDATE: A further angle on this memorandum. Bush administration lawyers who wrote the so-called "torture memos" exercised "poor judgment" in writing legal opinions that “contained significant flaws,". At the heart of the controversy among military professionals as well as elected officials (and Americans generally) were the so-called “torture memos". interpretation of the law. This essay will analyze some of the most egregious torture memos and explain why they violate the American Bar. Association (ABA) Model Rules of Professional Conduct and Justice. Department guidelines, as well as US and international law. The lawyers who wrote these memos. Despite Goldsmith's efforts to guide administration policy back to the law, did the withdrawal of the torture memos make a difference?. had concerns about the March 2003 opinion, the contents of which remain classified but which dealt with the military interrogation of aliens held outside the United States. Mr. JOHN ASHCROFT (Former U.S. Attorney General): Waterboarding as described in the CIA's request is not torture. SHAPIRO: Ashcroft said he approved legal memos that narrowly defined torture, and he approved a memo that withdrew those earlier ones. He said he stands by both of those decisions. Keep in mind as well that torture was the least of the many crimes of aggression, terror, subversion and economic strangulation that have darkened US history, much as in the case of other great powers. Accordingly, what's surprising is to see the reactions to the release of those Justice Department memos,. US president leaves open possibility that those who drafted memos may face charges. However, the additional requirement of Article 5 concerning jurisdiction over acts or torture by U.S. nationals "wherever committed" needed legislative implementation. Chapter 113C of Title 18 of the U.S. Code provides federal criminal jurisdiction over an extraterritorial act or attempted act of torture if the offender is a U.S.. That Congress lacks the authority to regulate the interrogation and treatment of enemy combatants. The earlier-leaked 2002 OLC torture memo said the same in connection with the CIA (a program the Bush administration sought to reassure us was extremely limited and controlled). Here, the military is the. The memo begins with: You have asked for this Office‟s views on whether certain proposed conduct would violate the prohibition against torture found at Section 2340A of title 18 of the United States Code. You have asked for this advice in the course of conducting interrogations of Abu Zubaydah. As we understand it,. From 2001 to 2003,John Yoo of the U.S. Department of Justice provided legal advice that supported broadpresidential authority in national security, including advice commonly known as the "torture memos." In 2009, the Office of Professional Responsibility concluded that Yoo's flawed advice on torture law amounted to. White House Releases Bush Torture Memos. FOR IMMEDIATE RELEASE: April 17, 2009. Contact: Drew Courtney or Josh Glasstetter at People For the American Way. Email: media@pfaw.org. Phone Number: 202-467-4999. Yesterday, the White House released a set of torture memos drafted by the Office of Legal Counsel. The Torture Memos. Rationalizing the Unthinkable. David Cole. With a foreword by Philippe Sands. The key Office of Legal Counsel documents used to justify. showing that the United States government's top attorneys were instrumental in rationalizing acts of torture and cruelty, employing chillingly twisted logic and. Indeed, as I shall explain, it appears that in one respect the bin Laden memos are as bad as the infamous “torture memos" that lawyers in the Bush. The question is governed, in the first instance, by the Charter of the United Nations (UN), a multilateral treaty to which the United States and Pakistan are both. On Thursday, the US Justice Department released four legal memos crafted during the Bush administration that authorized agents of the Central Intelligence Agency (CIA) to commit specific acts of torture against prisoners swept up in the “war on terror." The Obama administration faced a Thursday deadline.
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