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I Confess: Rumsfeld Made Me Do It
Haynes told the Senate committee that "there was a sense by DoD leadership that this decision was taking too long."
On Nov. 27, 2002, shortly after Haynes told Myers to order Dalton to stop her review and despite the serious legal concerns of the military services Haynes sent Rumsfeld a one-page memo recommending that he approve all but three of the 18 techniques in the request from Guantanamo. Techniques like stress positions, nudity, exploitation of phobias (like fear of dogs), deprivation of light and auditory stimuli were all recommended for approval.
On Dec. 2, 2002, Rumsfeld signed Haynes's recommendation, adding a handwritten note referring to the use of stress positions: "I stand for 8-10 hours a day. Why is standing limited to 4 hours?"
As the shouting by my distinguished colleagues died down, I too remained standing, reminding myself that I had wanted to say a word about the Geneva Conventions, "for which you, Gen. Myers, express such strong support in your book."
I waved a copy of the smoking-gun, two-page executive memorandum signed by George W. Bush on Feb. 7, 2002. That's the one in which the President arbitrarily declared that Common Article 3 of the Geneva Conventions did not apply to al-Qaeda and Taliban detainees, and then threw in obfuscatory language from lawyers Addington and Alberto Gonzales that such detainees would nonetheless be treated "humanely and, to the extent appropriate and consistent with military necessity, in a manner consistent with the principles of Geneva."
I then made reference to "Conclusion 1" of the Senate committee report:
"On Feb. 7, 2002, President George W. Bush made a written determination that Common Article 3 of the Geneva Conventions, which would have afforded minimum standards for humane treatment, did not apply to al-Qaeda or Taliban detainees.
"Following the President's determination, techniques such as waterboarding, nudity, and stress positions ... were authorized for use in interrogations of detainees in U.S. custody."
"Gen. Myers," I asked, "you were one of eight addressees for the President's directive of Feb. 7, 2002. What did you do when you learned of the President's decision to ignore Geneva?"
"Please just read my book," Myers said. I told him I already had, and proceeded to read aloud a couple of sentences from my copy:
"You write that you told Douglas Feith, 'I feel very strongly about this. And if Rumsfeld doesn't defend the Geneva Conventions, I'll contradict him in front of the President.'
"You go on to explain very clearly, 'I was legally obligated to provide the President my best military advice - not the best advice as approved by the Secretary of Defense.'
"So, again, what did you do after you read the President's executive order of Feb. 7, 2002?"
Myers said he had fought the good fight before the President's decision. The sense was that, if the President wanted to dismiss Geneva, what was a mere Chairman of the Joint Chiefs to do?
In this connection, Myers included this curious passage in his book:
