Moon of Alabama Brecht quote
October 4, 2007
The U.S. Still Tortures

Some suspected all along that the United States still officially tortures. Despite the expressed will of the people of the U.S., the policy has not changed even after new legislation purported to restrict it.

A new NYT piece confirms as much. It comes just in time for the hearings for a new AG. The continued policy is an outrage and should be another reason for impeachment. But I don’t expect Congress to do anything about this.

Scott Shane, David Johnston and James Risen write: Secret U.S. Endorsement of Severe Interrogations

[S]oon after Alberto R. Gonzales’s arrival as attorney general in February 2005, the Justice Department issued another opinion, this one in secret. […], an expansive endorsement of the harshest interrogation techniques ever used by the Central Intelligence Agency.

The new opinion, the officials said, for the first time provided explicit authorization to barrage terror suspects with a combination of painful physical and psychological tactics, including head-slapping, simulated drowning and frigid temperatures.

Later that year, as Congress moved toward outlawing “cruel, inhuman and degrading” treatment, the Justice Department issued another secret opinion, one most lawmakers did not know existed, current and former officials said. The Justice Department document declared that none of the C.I.A. interrogation methods violated that standard.
[…]
[I]n July, after a monthlong debate inside the administration, President
Bush signed a new executive order authorizing the use of what the
administration calls “enhanced” interrogation techniques
— the details
remain secret — and officials say the C.I.A. again is holding prisoners
in “black sites” overseas.
The executive order was reviewed and
approved by Mr. Bradbury and the Office of Legal Counsel.

Comments

On the upside ..no more than two administration officials must agree before you are spirited away to Syria for extended questioning. Oh, and one of them can be under sedation…

Posted by: Uncle $cam | Oct 4 2007 5:16 utc | 1

Prof. Jack Balkin: Torture Memo 2.0

Bradbury, it appears, was only too happy to comply. He signed the secret Torture Memo 2.0. And then he wrote another secret memo, Torture Memo 3.0, which held that the recently passed Detainee Treatment Act– which banned cruel, inhuman and degrading treatment– did not affect the CIA’s practices one bit.
It is well worth asking how many other secret opinions the Justice Department has produced during the Bush Administration that justified violations of the Constitution, federal statutes, the laws of war, and international human rights.

Posted by: b | Oct 4 2007 10:28 utc | 2

Did Secretary Rice Know About Gonzales’ Secret ‘05 Legal Opinion On Torture?

Rice “very angrily said there would be no more secret opinions on international and national security law,” the official said, adding that she threatened to take the matter to the president if Gonzales kept them out of the loop again. Powell remarked admiringly, as they emerged, that Rice dressed down the president’s lawyer “in full Nurse Ratched mode,” a reference to the head nurse of the mental hospital in the 1975 film “One Flew Over the Cuckoo’s Nest.”

Posted by: Uncle $cam | Oct 4 2007 22:22 utc | 3

Reuters: CIA detention program remains active: U.S. official

A secret CIA overseas detention program revealed by President George W. Bush last year remains active and has held at least one al Qaeda militant since then, a U.S. official said on Thursday.
The official confirmed the detention as the White House skirted the question of whether the agency had resumed holding prisoners at secret sites and insisted that the United States does not torture.

Posted by: b | Oct 6 2007 7:04 utc | 4