When we talk today of the “torture memos,” most of us think about the later memoranda, like the infamous “Bybee Memo” of August 1, Another Tortured Memo from Jay Bybee. Nine years after he left his post as Director of the Office of Legal Counsel (OLC) in the George W. Bush. The Bybee Memo Memorandum for Alberto R. Gonzales We conclude that for an act to constitute torture as defined in Section , it must inflict pain that is .
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In its analysis, the court appeared to fold into cruel, inhuman, or degrading treatment two distinct categories. It may be the case that togture successful interrogations can provide the information necessary to prevent the success of covert terrorist attacks upon the United States and its citizens. CAT defines torture as: They were interrogated as they were beaten with iron barks torure, rifle butts, helmets, and fists. Bybee spent one year as law clerk to Judge Donald S.
Bybee Memo, A Roadmap to Torture
Continuing to summarize the facts, the memorandum summarizes the characteristics of the professionals present during the proposed interrogation techniques, and summarizes those coercive methods.
Under the present circumstances, therefore, even though a detained enemy combatant may not be the exact attacker — he is not planting the bomb, or piloting a hijacked plane to kill civilians — he still may be harmed in self-defense if he has knowledge of future attacks because he has assisted in their planning and execution. Richard Kesser had been convicted of hiring a hit man to kill his former wife and was sentenced to life without parole.
As a theoretical matter, therefore, knowledge alone that a particular result is certain to occur does not constitute specific intent. On some occasions he was tied up and hung against windows during beatings.
Letter to the President. Once an attorney for the government has shared grand jury information with anyone — the president, one of his close advisors, or any other federal official whose duties are listed above — the person receiving the information can share it with anyone else without reporting to the court.
This section provides legal analysis of the U. For purely mental pain or suffering to amount to torture under Sectionit must result in significant psychological harm of significant duration, e.
This approach is representative of the approach most often taken in TVPA cases.
A memo on torture to John Yoo
In enacting Sectionhowever, Congress removed the purpose element in the definition of torture, evidencing an intention to remove any fixing of values by statute. He is a moderate conservative, very bright and always attentive to the record and the applicable law.
Federal Republic of Germany No. See also Agee, U. Retrieved May 13, After Goldsmith was forced to resign because of his objections, Attorney General Ashcroft issued a one paragraph opinion re-authorizing the use of torture.
Hasan Subasic was brutally beaten and witnessed the beatings of torturr prisoners, including the beating and death of one of his fellow prisoners and the beating of Hadzialijagic in which he was tied upside down and beaten. This case further refined the rules for defining whether or not an individual is a Native American or an American Indian.
Bybee had told the truth,” regarding Bybee’s role in the Torture Memos”he never would have been confirmed.
In wartime, it is for the President alone to decide what methods to use to best prevail against the enemy. Bi Zhu Lin v. Former assistant attorney general Yoo not only wants to conceal the evidence of the torture that he authorised; he wants us to believe that his torture policy was useful in fighting terrorism. See United States v.
These cases make clear that while many of these techniques may amount to cruel, inhuman and degrading treatment, they do not produce pain or suffering of the necessary intensity to meet the definition of torture. The guards then showed her surveillance photographs of herself. Retrieved 18 January As the Supreme Court explained in the context of murder, “the Indeed, al Qaeda plans apparently include gorture to develop and deploy chemical, biological and nuclear weapons of mass destruction.
A memo on torture to John Yoo | Vincent Iacopino | Opinion | The Guardian
On February 26,The New York Times reported that the Justice Department had revealed that numerous e-mail files were missing in relation to the decisions of that period and had not been available to the OPR investigation. Gonzales refused to concede that his advice to deny the protections of the Geneva Conventions to Al Qaeda and the Taliban had any influence on detainee treatment in Iraq.
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.