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On Oct. 25, 2002, Hill forwarded the request to Gen. Myers and Secretary Rumsfeld, commenting that, while lawyers were saying the techniques could be used, "I want a legal review of it, and I want you to tell me that, policy-wise, it's the right way to do business." Hill later told the Army Inspector General that he (Hill) thought the request "was important enough that there ought to be a high-level look at it ... ought to be a major policy discussion of this and everybody ought to be involved."
Gen. Myers, in turn, solicited the views of the military services on the Dunlavey/Hill request.
The Army, Navy, Marines and Air Force all expressed serious concerns about the legality of the techniques and called for a comprehensive legal review. The Marine Corps, for example, wrote, "Several of the techniques arguably violate federal law, and would expose our service members to possible prosecution."
Ends Justify Means?
The Defense Department's Criminal Investigative Task Force (CITF) at Guantanamo joined the services in expressing grave misgivings. Reflecting the tenor of the four services' concerns, CITF's chief legal advisor wrote that the "legality of applying certain techniques" for which authorization was requested was "questionable." He added that he could not "advocate any action, interrogation or otherwise, that is predicated upon the principle that all is well if the ends justify the means and others are not aware of how we conduct our business."
Myers's Legal Counsel, Captain (now Rear Admiral) Jane Dalton, had her own concerns (and has testified that she made Gen. Myers aware of them), together with those expressed in writing by the Army, Navy, Marines and Air Force. Dalton directed her staff to initiate a thorough legal and policy review of the proposed techniques.
The review got off to a quick start. As a first step, Dalton ordered a secure video teleconference including Guantanamo, SOUTHCOM, the Defense Intelligence Agency, and the Army's intelligence school at Fort Huachuca. Dalton said she wanted to find out more information about the techniques in question and to begin discussing the legal issues to see if her office could do its own independent legal analysis.
See No Evil
Under oath before the Senate Armed Services Committee, Captain Dalton testified that, after she and her staff had begun their analysis, Gen. Myers directed her in November 2002 to stop the review.
She explained that Myers returned from a meeting and "advised me that [Pentagon General Counsel] Mr. Haynes wanted me ... to cancel the video teleconference and to stop the review" because of concerns that "people were going to see" the Guantanamo request and the military services' analysis of it. Haynes "wanted to keep it much more close-hold," Dalton said.
Dalton ordered her staff to stop the legal analysis. She testified that this was the only time that she had ever been asked to stop analyzing a request that came to her for review.
Asking Myers
I asked Gen. Myers why he stopped the in-depth legal review. He bobbed and weaved, contending first that some of the Senate report was wrong.
"But you did stop the review, that is a matter of record. Why?" I asked again.
"I stopped the broad review," Myers replied, "but I asked Dalton to do her personal review and keep me advised."
(Myers had a memory lapse when Senate committee members asked him about stopping the review.)
I asked again why he stopped the review, but was shouted down by an audience not used to having plain folks ask direct questions of very senior officials, past or present.
