In the infamous torture memos of , Yoo and Bybee, authorised “enhanced interrogation” techniques (EITs), acts previously recognised by. Former Justice Department lawyer John Yoo wrote in the New York Times op-ed that he had “grave concerns about Mr. Trump’s uses of. John Yoo defends his work crafting the legal justification for harsh CIA interrogation techniques and slams the Senate “Torture Report.”.
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Retrieved August 9, This page was last edited on 5 Septemberat They advised the Central Intelligence Agencythe United States Department of Defenseand the president on the use of enhanced interrogation techniques: International Rehabilitation Council for Torture Victims. That statutory subsection, 8 U. Archived from the original on June 9, In the spring ofthe Abu Ghraib prisoner scandal broke into the news, and in Junethe Bybee memo was leaked to the press.
How we’ve erased the legal lines around torture and replaced them with nothing”. The memorandum states that, on the basis of the conclusions reached in part one, “there was little difference between these two understandings and Retrieved April 15, This section reviews how no appreciable harm has ever resulted from the application of these techniques on U. I certainly didn’t think they were unlawful, but I couldn’t get an opinion that they were lawful either. Padilla’s lawyer says White’s ruling could have a broad effect for all toorture.
In the second section, the memo admits difficulty in finding any clear definition for the “severe pain or suffering” required by the torture statute which is also toture by the UN Convention. Retrieved March 21, The final paragraph of his entry asks that “Congressional leaders from both sides of the aisle Inthe Justice Department’s Office of Professional Responsibility reviewed the work of the principal author John Yoonow a law professor at the University of California, Berkeley; and signatory Jay Bybee, now a federal judge, to determine whether the advice given “was consistent with the professional standards that apply to Department of Justice attorneys”.
For more than 20 years, I have been documenting medical evidence of torture and testifying as a medical expert in courts of law.
Bush continues to wield power”San Francisco Chroniclepage E-2 of print edition, September 10, Standards of Conduct for Interrogation under 18 U. This section concludes by emphasizing the potential value of the information he could provide, as well as his likely strong ability to resist standard interrogation techniques.
Archived from the original on January 7, How could OLC torturs written opinions that, when revealed to the world tkrture after the Mohn Ghraib scandal broke, made it seem as though the administration was giving official sanction to torture, and brought such dishonor on the United States, the Bush administration, the Department of Justice, and the CIA?
Bybee had told the truth, he never would have been confirmed,” adding that “the decent and honorable thing for him to do would be to resign [from the U. House of Representatives Committee on the Judiciary. Therefore, it states, if the interrogation conduct did not violate the U.
Torture Memos – Wikipedia
Those facts, according to the top secret memorandum, are that Abu Zubaydah was being held by the United States, and that, “[t]he interrogation team is certain that he has additional information that he refuses to divulge” regarding terrorist groups in the U.
The memo further argues that even if the ICC were to claim jurisdiction, “interrogation of an al Qaeda operative could not constitute a crime under the Rome Statute”, since it would not involve the “widespread and systematic attack directed against any civilian population” and would not be considered a war crime.
Part three summarizes various techniques within the case law to outline the kind of conduct that the courts have previously found to be torture. Retrieved April 13, Morareported that policies allowing methods equivalent to torture were developed in the highest levels of the administration.
After Goldsmith was forced to resign because of his objections, Attorney General Jihn issued a one paragraph opinion re-authorizing the use of torture. Yoo’s legal opinions were not shared by everyone within the Bush Administration. It also emphasizes that the individual inflicting such pain must have “specific intention to inflict severe pain or suffering”. Lawyers within the Department of Defense worked internally to circumvent those policies and instead mandate non-coercive interrogation standards, but were not joun.
A memo on torture to John Yoo
toryure Jeffrey May 10, Court of Appeals for the 9th Circuit]”. Commenting on the specificity of the reservation and statute regarding mental pain or suffering, the memo says, “this understanding ensured that mental torture would rise to a severity comparable to that required in the context of physical torture. Bator Award .
Part six of the memo is titled “Defenses” and concludes that “under the current circumstances, necessity or self-defense may justify interrogation methods that might violate Section A. On May 2,the Ninth Circuit Court of Appeals held that Yoo had qualified immunity at the time of his memos —because certain issues had not then been settled legally by the U.
That reservation was mainly regarding Article One of the Convention, which defines torture, but it also states that the U.
Following his tenure as an appointee of the George W. It states that after substantial research of the individual’s background, behavior and journal entries, interrogators believe he does not suffer from any psychological disorders or disturbances. Part two of this memorandum goes into great detail how the techniques described in part one will be applied in Abu Zubaydah ‘s case. Memis fact that Yoo and Bybee raised the thresholds for tortuge and mental pain of torture without any provisions to assess possible evidence of torture suggests criminal negligence and possibly mfmos intent to commit and conceal a systematic policy of torture.
Yyoo 19 April In wartime, the gravity shifts to the executive branch. Retrieved from ” https: Yoo also authored the October 23, memo asserting that the President had sufficient power to allow the NSA to monitor the communications of US citizens on US soil without a warrant known as the warrantless wiretap program because the Fourth Amendment does not apply.
Former assistant attorney general Yoo not only wants to tortire the evidence of the torture that he authorised; he wants us to believe that his torture policy was useful in fighting terrorism. Bybee inviting him to testify before the Judiciary Committee in connection with his role in writing legal totture authorizing the use of harsh interrogation techniques while serving as the Assistant Attorney General of the Office of Legal Counsel OLC.
Bybee signed the legal memorandum that defined ” enhanced interrogation techniques ” including waterboardingwhich are now regarded as torture by the Justice Department,  Amnesty International,  Human Rights Watch,  medical experts,   intelligence officials,  military judges,  and American allies.
The federal prohibition on torture, 18 U. It states that the purpose of torturs methods will be to “convince Zubaydah that the only way he can influence his surrounding environment is through cooperation”.
In addition, in what was known as the Bybee memoYoo asserted that executive authority during wartime allows waterboarding and other forms of torture, which were euphemistically referred to as ” enhanced interrogation techniques “.