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General News    H2'ed 7/26/08

Secret "Torture Memo" Gave Legal Cover to Interrogators Who Acted in "Good Faith"

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The ACLU also obtained two other documents from the Justice Department’s Office of Legal Counsel revolving around the CIA’s interrogation methods.

A Jan. 28, 2003 memo shows that the OLC gave CIA interrogators legal cover to use torture practices known as "enhanced interrogation techniques." The memo also says that, for each session in which these techniques were used, the CIA documented, among other things, "the nature and duration of each such technique employed" and "the identities of those present."

The undated 2004 memo shows that CIA interrogators were assured that certain interrogation methods, such as “the waterboard,” did not constitute torture and could be used during interrogations. The document also warned, however, that using enhanced interrogation methods could ultimately be subject to judicial review.

“While the documents released today do provide more information about the development and implementation of the Bush administration's torture policies, even a cursory glance at the documents shows that the administration continues to use 'national security' as a shield to protect government officials from embarrassment, criticism and possible criminal prosecution," said Jameel Jaffer, Director of the ACLU National Security Project. "Far too much information is still being withheld.”

“These documents supply further evidence, if any were needed, that the Justice Department authorized the CIA to torture prisoners in its custody," Jaffer added. "The Justice Department twisted the law, and in some cases ignored it altogether, in order to permit interrogators to use barbaric methods that the U.S. once prosecuted as war crimes.”

In June, House Democrats sent a letter to Attorney General Michael Mukasey Friday requesting that he appoint a special prosecutor to investigate whether White House officials, including President Bush, violated the War Crimes Act for allowing enhanced interrogation techniques to be used against suspected terrorists.

The letter, signed by 56 Congressional lawmakers, including House Judiciary Committee Chairman John Conyers, who held a series of hearings this month revolving around the Bush administration’s interrogation policies

“We believe that these events alone warrant action, but within the last month additional information has surfaced that suggests the fact that not only did top administration officials meet in the White House and approve of the use of enhanced techniques including waterboarding against detainees, but that President Bush was aware of, and approved of the meetings taking place,” the letter, dated June 6, says. The Justice Department is reviewing the letter, a spokesman said.

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Jason Leopold is Deputy Managing Editor of Truthout.org and the founding editor of the online investigative news magazine The Public Record, http://www.pubrecord.org. He is the author of the National Bestseller, "News Junkie," a memoir. Visit (more...)
 
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