Justice Dept. Probes Torture Memo Legality

Investigation Focuses On Agency Lawyers Who May Have Advised Military Leaders That Torture Was Okay

(AP)  The Justice Department is investigating whether agency lawyers improperly advised the military it could use harsh interrogation methods and concluded that President Bush's wartime authority could not be limited by domestic law or international bans on torture.

The findings outlined in a March 2003 memo have been included in an ongoing internal review about the CIA's use of waterboarding, which simulates drowning, and whether top Justice officials crossed a line in authorizing it.

The department's Office of Professional Responsibility, which is handling the investigation, generally does not publicly discuss what matters are under review. The office called Sen. Sheldon Whitehouse, D-R.I., on Thursday to confirm the expanded inquiry into the 2003 memo, according to his spokeswoman, Alex Swartsel.

In a statement, Whitehouse said the investigation will shed light on how the Justice Department's Office of Legal Counsel reached its conclusions in writing the memo. He said it will "help us discover what went wrong and how to put it right."

"The abject failure of legal scholarship in the Office of Legal Counsel's analysis of torture suggests that what mattered was not that the reasoning was sound, or that the research was comprehensive, but that it delivered what the Bush administration wanted," Whitehouse said.

At issue is a now-defunct Justice Department memo that outlined legal justification for military interrogators to use harsh tactics against al Qaeda and Taliban detainees overseas. The March 14, 2003, memo said the techniques could be used so long as interrogators did not specifically intend to torture their captives.

The memo, written by then-Deputy Assistant Attorney General John Yoo, said the president's wartime power as commander in chief would not be limited by U.N. treaties against torture. It also offered a defense in case any interrogator was charged with violating U.S. or international laws.

The memo was rescinded in December 2003, nine months after Yoo sent it to the Pentagon's top lawyer and to Alberto Gonzales, who was then White House counsel.

It became part of a debate among the Pentagon's civilian and military leaders about what interrogation tactics to allow at overseas facilities and whether U.S. troops might face legal problems domestically or in international courts.

Also of concern was whether techniques used by U.S. interrogators might someday be used as justification for harsh treatment of Americans captured by opposing forces.

Yoo, now a professor at University of California-Berkeley Law School, declined comment Thursday.

Justice spokesman Brian Roehrkasse also declined to comment but noted that the overall investigation, revealed publicly in February, has been under way for years.

It was revealed in response to concerns by Whitehouse and Sen. Dick Durbin, D-Ill., that top Justice legal advisers authorized waterboarding as a CIA interrogation tactic as part of an opinion dated Aug. 1, 2002.

That memo, defined torture as recognized by U.S. law as covering "only extreme acts" causing pain similar in intensity to that caused by organ failure or accompanying death.

Waterboarding involves strapping a person down and pouring water over his or her cloth-covered face to create the sensation of drowning. It has been traced back hundreds of years, to the Spanish Inquisition, and is condemned by nations around the world. Critics call it a form of torture.

The CIA has acknowledged waterboarding three top al Qaeda detainees in 2002 and 2003, in part because of widespread belief among U.S. intelligence officials that catastrophic attacks were imminent.

Both the CIA and the Pentagon prohibited their interrogators from waterboarding in 2006. Attorney General Michael Mukasey has refused to publicly discuss whether waterboarding is currently legal since it is no longer used.

A Feb. 18 Office of Professional Responsibility letter to Whitehouse and Durbin that confirms the overall inquiry also notes it is examining "related, subsequent OLC memoranda." Yoo was the No. 2 official in the OLC when he last worked in the Justice Department.

[ajayvee]

President Bush''s Justice Department is investigating the actions of a member of President Bush''s Justice Department. Be still, my heart! I can hardly wait for the final findings and report.

[gkc99]

John Yoo is nothing more than a mouthpiece for an imperial presidency that spurns the constitution. He is an enabler for a military dictatorship in the US.

As such, no respectable law school should employ him. But he holds a job at UC Berkeley.

All University of California alums should withhold all contributions as long as this slimy monster draws a paycheck from UC!

[impeach_w]

Impeach them , charge them, convict them send them to Guantanamo, Jordan, Egypt, or Syria. Find out what they know then put them away forever. Use the constitution you have the right to stop these criminals, killers, kidnappers and torturers. Any reasonable True American should be stopping these people by any means necessary. Justifiable homocide is when you save someone- anyone from the possible death or grave bodily injury of The kind the VP orchestrates and authorizes. But on the same token, at that point your homocide is justfiable. Someone make a sacrifice and save our counry please! Colin Powell I believed in you as a human being. You''re as sick as the rest of your soon to be cell mates. Who would think Ashcroft was a voice of reason? To litle too late for you too bud unless you hold a prees conference and lay it ALL out there for us Citizens. May you all perish in extreme agony. It is a much better end than any of you deserve.

[inventagod]

... on the off-chance that any impropriety was committed, the Justice Department will give themselves a good stern talking to....

[walt1944-2009]

The Justice Department has announced it is looking into the "legality" of memos written by Justice Department attorneys allowing the Great Emperor Bush to have the military, FBI, and CIA use torture or the more politically correct term "advanced interrogation techniques", on prisoners.

Since the head of the Justice Department is a Great Emperor Bush II appointee (conveniently!), who refuses to answer questions on the subject, and the authors of those memos have, since then, "vanished" into the woodwork, it is a foregone conclusion that nothing will come of the "investigation" which is what the Great Emperor Bush II expects.

SIG HEIL, BUSH!!!!
sig heil, (more of the same) John "McBush" McCain!!!

[inventagod]

Ain''t nobody here but us chickens...

[antoniof123]

Obama and Clinton would probably pardon him but he would have get on his knees and beg for it.

Posted by hhroams at 09:27 AM : Apr 18, 2008

On National TV!

Cool!!!

[lochlan-2009]

So wait a minute, the justice department, headed by Bush''''s appointee, is investigating the Justice departments memo authorizing torture, that was authorized by Bush''''s appointee.

In the Bush tradition, think I''''ll go rob a bank and then arrest myself and then be my own judge and jury and then conveniently I''''ll acquit myself and throw myself a big home coming party. Of course I''''ll keep the money. ;o)

Posted by taddles

Of course. This is the law works at the top. Remember the CIA doind an investigation into whether the CIA was bringing drugs into the country just over a decade ago? The CIA found that they could not find any evidence that the CIA was bringing drugs into the country.

[stn_sage]

The Justice Department is investigating whether agency lawyers improperly advised the military it could use harsh interrogation methods and concluded that President Bush''s wartime authority could not be limited by domestic law or international bans on torture. (from article)
-------------------------
WHAT?! HARDEE HAR HAR! HAHAHAHAHA! (uncontrolled laughter) This Justice Dept. is investigating whether its'' lawyers improperly advised the military? HAHAHA!

Right?! And when they conclude they did---which they already know---what do they propose they''re going to do about it?!! Issue a slightly harsh statement against themselves?! Give us a break, already!

Names! The individuals responsible should be named, indicted, charged, and tried---regardless of who it is or leads to! And brought to justice! Anything less, is unacceptable!

If the higher echelons of government routinely break the law, why should the common citizen follow it?!
(rhetorical question)

[lochlan-2009]

So wait a minute, the justice department, headed by Bush''''s appointee, is investigating the Justice departments memo authorizing torture, that was authorized by Bush''''s appointee.

In the Bush tradition, think I''''ll go rob a bank and then arrest myself and then be my own judge and jury and then conveniently I''''ll acquit myself and throw myself a big home coming party. Of course I''''ll keep the money. ;o)

Posted by taddles



Of course. This is the law works at the top. Remember the CIA doind an investigation into whether the CIA was bringing drugs into the country just over a decade ago? The CIA found that they could not find any evidence that the CIA was bringing drugs into the country.

[jntlw-2009]

The Cheney/Bush cabal need to go down for abuse of our Constitution and for abuse of international law. They are absolutely guilty and they are corrupt, evil, brazen, lovers of money, uncaring about the average American, uncaring about the troops who suffer bodily injury or PTSD, give tax breaks only to the rich, throwing chump change to the poor in an election year (stimulous pkg.), deregulating the rich and powerful thus allowing criminal activity to flurish, robbing the poor to pay the rich, lacking in accountability or responsibility of government monies, and I could go on and on. They are amazing and thoroughly corrupt and yet the neocons support them to the max. America has never been more threatened than by these neocons. They are more of a threat than OBL. We must take our country back now before it is too late!

[taddles-2009]

"I have no faith in anything American anymore, since the rule of law now only applies to those with the money to buy it.

Posted by fornicario at 10:25 AM : Apr 18, 2008"


The Justice Department is having a sale; 3 for $10 on Habeas Corpus.

[taddles-2009]

"In a statement, Whitehouse said the investigation will shed light on how the Justice Department''s Office of Legal Counsel reached its conclusions in writing the memo. He said it will "help us discover what went wrong and how to put it right." "


So wait a minute, the justice department, headed by Bush''s appointee, is investigating the Justice departments memo authorizing torture, that was authorized by Bush''s appointee.

In the Bush tradition, think I''ll go rob a bank and then arrest myself and then be my own judge and jury and then conveniently I''ll acquit myself and throw myself a big home coming party. Of course I''ll keep the money. ;o)

[fornicario]

I have no faith in anything American anymore, since the rule of law now only applies to those with the money to buy it. Since 2000, our country, founded on ideals that all men are equal before the law has become nothing more than a playhouse for the rich, where they can even declare wars and torture people only because they have the money to. And *** all of the people who stood by and let it happen.

[lochlan-2009]

"whether waterboarding is currently legal since it is no longer used."

If you look up case law, and then look up cases from WWII, you will see that there was no case, since our deeming waterboarding as torture in those courts, that reversed the law. The very reason Mukasey is stuck and can''t say it is or isn''t illegal. Otherwise, he''d come right out and say it''s perfectly legal for his master, the Bush Regime.

[lochlan-2009]

"and whether top Justice officials crossed a line in authorizing it"

And the penalty for this is????

Why would you even follow a law if there are no repercussions?

[frankson2]

ORANGE JUMP SUITS WOULD BE FITTING FOR THOSE BUSH ADMINISTRATION "YES MEN." IN ANY OTHER CIVILIZED COUNTRY THEY WOULD HAVE STOOD TRIAL MONTHS AGO.

[quetzal0666]

Can Dumbya Pardon himself?

[Razzl]

Mr. Yoo must have been unaware that during the Nuremberg Tribunals the lawyers for the Third Reich were tried and convicted as "enablers" of war crimes. Doing your master''s bidding at all costs carries a price, as all the Nuremberg convicted found out. But then, Mr. Yoo seems to be blissfully unaware of a lot of things a Justice Department counsel should have known...

[starleo146]

pg7
Pointing out that the Administration was violating the War Crimes Act of 1996, the Geneva Conventions, and the Uniform Code of Military Justice, Goldmith withdrew Yoo''s torture memos -- and promptly resigned his post.

Even after losing that flimsy legal cover, Bush and the other members of the Principals Committee appear unrepentant and undeterred.

Goldsmith, who now teaches law at Harvard, is no civil libertarian, but like John Ashcroft and John McCain, he has spoken out against executive lawlessness. No doubt he would have plenty to tell the House Judiciary Committee.

And perhaps the International Criminal Court as well.