The Yoo-Bybee memo stated that unless the amount of pain administered to a detainee led to injuries that might result in "death, organ failure, or serious impairment of body functions" then the interrogation technique could not be defined as torture.
Since waterboarding is not intended to cause death or organ failure only the panicked gag reflex associated with drowning it was deemed not to be torture.
Beyond the evidence of how the White House manipulated Yoo and Bybee in carving out broad powers for President Bush and the CIA to torture, there is additional proof that the White House continued its behind-the-scene control after Bybee left the OLC to become a federal judge in 2003.
Replacing Bybee
White House counsel Gonzales wanted Yoo to replace Bybee as OLC chief, but Attorney General John Ashcroft objected because he considered Yoo "too close to the White House," a footnote in the OPR report said. Gonzales, in turn, nixed Ashcroft's choice, his counselor Adam Ciongoli, leading the administration to name Jack Goldsmith as a compromise choice.
Goldsmith was regarded as a conservative Republican who supported strong presidential powers. However, after taking over the OLC and reviewing the Yoo-Bybee memos, Goldsmith was aghast at the sloppy scholarship and took the extraordinary step of withdrawing them.
Soon, Goldsmith encountered Addington's wrath. In his memoir, The Terror Presidency, Goldsmith described a White House meeting at which Addington pulled out a 3-by-5-inch card listing the OLC opinions that Goldsmith had withdrawn.
"Since you've withdrawn so many legal opinions that the President and others have been relying on," Addington said sarcastically, "we need you to go through all of OLC's opinions and let us know which ones you will stand by."
Though supported by Deputy Attorney General James Comey, Goldsmith succumbed to the White House pressure and quit in 2004. He was replaced by Daniel Levin, who also reviewed the Yoo-Bybee material and reached a conclusion much like Goldsmith's.
Levin told the OPR that he remembered "having the same reaction I think everybody who reads it has "this is insane, who wrote this?'"
When Levin turned to addressing the interrogation issue, he said he faced no pressure from the CIA, but the "White House pressed" him, adding:. "I mean, a part of their job is to push, you know, and push as far as you can. Hopefully, not push in a ridiculous way, but they want to make sure you're not leaving any executive power on the table."
But Levin didn't give White House officials their desired opinions on interrogation and he was soon gone. Deputy Attorney General Comey said senior levels of the Justice Department understood that Levin was denied appointment as permanent OLC chief because he had not "delivered."
OLC lawyer Philbin also faced the ire of the Vice President's office.
In November 2004, Philbin had a private talk with Addington "who told him that, based on his participation in the withdrawal of [Yoo-Bybee memos], Addington believed that Philbin had violated his oath to uphold, protect and defend the Constitution of the United States," the OPR report said.
"Addington told Philbin that he would prevent Philbin from receiving any advancement to another job in the government and that he believed that it would be better for Philbin to resign immediately and return to private practice," the OPR report said.
Continuing the Pressure
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