Scott Horton: Which came first: memos or torture?

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Yoo's account of how and why the torture memos were crafted may not hold up. Congress is preparing hearings into the subject, and have invited Yoo to testify. Holes have been punched in Yoo's claims about the facts. It increasingly appears that the Bush interrogation program was already being used before Yoo was asked to write an opinion. He may therefore have provided after-the-fact legal cover.

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