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.”.
|Published (Last):||28 November 2009|
|PDF File Size:||14.75 Mb|
|ePub File Size:||19.34 Mb|
|Price:||Free* [*Free Regsitration Required]|
He may not have a law degree or wield political power, but he has “personally led, witnessed and supervised waterboarding of hundreds of people” during his stint as a Survival, Evasion, Resistance, and Escape SERE School instructor. Taming Globalization was co-authored with Julian Ku inand Point of Attack was published under his single authorship in 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”.
General Mukasey, just following orders is no defense! The Padilla complaint, on page 20, cited Goldsmith’s book The Terror Presidency in support of its case. The fact that Yoo and Bybee raised the thresholds for physical and mental pain of torture without any provisions to assess possible evidence of torture suggests criminal negligence and possibly the intent to commit and conceal a systematic policy of torture.
The President, like all officers of the Government, is not above the law.
Intwo days after taking office, President Barack Obama in Executive Order repudiated and revoked all legal guidance on interrogation authored by Yoo and his successors in the Office of Legal Counsel between September 11,ojhn January 20, Waterboarding is Never Acceptable Regardless of the Circumstances”. Menos Over the CWC: It concludes that none of these methods, individually or simultaneously would be considered torture according to law. Archived from the original PDF on February 8, Court of Appeals for the 9th Circuit]”.
A memo on torture to John Yoo | Vincent Iacopino | Opinion | The Guardian
They advised the Central Intelligence Agencythe United States Department of Defenseand the president on the use of enhanced interrogation techniques: From Wikipedia, the free encyclopedia. Yoo contended that the OPR had shown “rank bias and sheer incompetence”, intended to “smear my reputation”, and that Margolis “completely rejected its recommendations”.
Bybee inviting him to testify before the Judiciary Committee in connection with his role in writing legal memoranda authorizing the use of harsh interrogation techniques while serving as the Assistant Attorney General of the Office of Legal Counsel OLC. For the torture manuals, see U. The memo examines the negotiating history of the Convention, memoos finds that the U. Inquiry Suggests no Charges”.
A memo on torture to John Yoo
Webarchive template wayback links CS1 maint: John Yoothen Deputy Assistant Attorney General in the Office of Legal Counseladdressed a memorandum to Alberto Gonzalesthen the counsel to the president, dated August 1,in response to Gonzales’ reported request for legal opinion on whether interrogation methods used on al Qaeda operatives would be in violation of the U.
And in pushing the envelope, OLC took shortcuts in its opinion-writing procedures. Bush is a ‘King George’ bent on an “imperial presidency”. 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 required by the UN Convention.
Also at this alternative link Archived at the Wayback Machine. Goldsmith’s tenure at OLC was ten months.
Based on the Supreme Court’s decision in Ashcroft v. HaynesGeneral Counsel of the Department of Defense. The New York Times. InCIA lawyers reviewed videotapes of interrogations of detainees.
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. Following accounts of the Abu Ghraib torture and prisoner abuse scandal in Iraq, one of the memos was leaked to the press in June Bybee was, however, investigated by the Justice Department’s Office of Professional Responsibility see below.
Retrieved April 15, Retrieved March 22, Legal views on warrantless searches, domestic surveillance, torture memos also known as “enhanced interrogation techniques” and expansive executive power.
The letter concludes that the interpretation of the Department of Todture of 18 U. It describes the CIA practices, and reminds them how those nohn are applied “to ensure that no prolonged mental harm would result from the use of these proposed procedures”. Bush continues to wield power”San Francisco Chroniclepage E-2 of print edition, September 10, 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.
In foreign relations, Yoo has argued that the original understanding of the Constitution gives the President the authority to use armed force abroad without congressional authorization, subject to Congress’s power of the purse; that treaties do not generally have domestic legal force without implementing legislation; and that courts are functionally ill-suited to intervene in foreign policy disputes between the President and Congress.
Retrieved May 6, Retrieved December 2, This section reviews how no appreciable harm has ever resulted from the application of these techniques on U.
Retrieved December 1, The reason why torture is universally prohibited in international and domestic law the world over, however, is not because it is ineffective or counterproductive though it is.