Judge May Make CIA Torture Memo Public
ACLU Lawsuit Prompted A Federal Judge To Examine The Controversial Document
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A federal judge has ordered the CIA to turn over a memo that may contain waterboarding on a list of acceptable interrogation methods. (CBS/AP)
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U.S. District Judge Alvin K. Hellerstein issued the order after he had earlier said the 18-page memo did not have to be turned over to the American Civil Liberties Union because it was protected by attorney-client privilege. The ACLU said it believes the memo includes a section addressing the subject of waterboarding, which simulates drowning.
Hellerstein said he reconsidered his ruling after hearing from both sides again on the subject. The CIA must turn the item over for review on Monday.
Rebekah Carmichael, a spokeswoman for government lawyers representing the CIA, said the government had no immediate comment.
Hellerstein said he realized he did not give sufficient consideration to an earlier court ruling related to the legal issue and to ACLU evidence indicating all or parts of the memo may have been incorporated into or used to justify official practice and policy.
The ACLU praised the decision, saying the memo written by the Department of Justice's Office of Legal Counsel is critical to the public debate over treatment of detainees because
We think that the public has a right to see the documents that provided a basis for the CIA's torture program.
Jameel Jaffer, director of the ACLU National Security ProjectJameel Jaffer, director of the ACLU National Security Project, said no Department of Defense memo made public so far has included a section addressing waterboarding.
"There are still significant gaps in the story of how U.S. interrogators came to use torture and this memo is a critical piece of this story," Jaffer said.
"We think that the public has a right to see the documents that provided a basis for the CIA's torture program," he said. "We know that interrogators waterboarded prisoners and subjected prisoners to other forms of torture. There's no legitimate reason why the basis for those interrogation practices should be withheld."
The order came as a result of a lawsuit brought in October 2003 by the ACLU and other civil rights groups seeking to use the Freedom of Information Act to get records concerning the treatment of prisoners in U.S. custody abroad. So far, more than 100,000 pages of government documents have been released as a result.
© MMVIII The Associated Press. All Rights Reserved. This material may not be published, broadcast, rewritten, or redistributed.


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See all 63 CommentsAnother 10 million pages were shredded by Dickkk "Shotgun" Cheney....
The judge has to order them to present the material so HE can see it!?
In other words, the CIA denies the right of the courts to see relevant material related to investigations!? That''s one way to halt the ''wheels of justice'' from turning around!
As little credibility as the courts have in the minds of many Americans, the judge OUGHT to release the documents to the public as requested!
A very relevant question in the mind of the judge should be, can we afford NOT to release it and be perceived as---once again---covering up illegal activity?!
Afterall, the CIA claims they haven''t done anything wrong! So, why NOT release the documents?! Unless ofcourse, they''re LYING and HAVE done a bunch of illegal things! Correct!? Uh-huh.
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Posted by CARJENBE at 07:47 AM : May 09, 2008
..................
How is this judge writing the law by allowing US citizens to see a memo written by our government officials?
Posted by veteran72 at 12:31 AM : May 09, 2008
This is a result of a separate lawsuit.
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Posted by johnpatrick9 at 08:20 AM : May 09, 2008
LIBS are more concerned with protecting terrorists than the citizens of the U.S. They have no idea how to protect this country.
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Posted by dinkydog1 at 08:03 AM : May 09, 2008
He apparently doesn''t believe in attorney client privilege which is established law.
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Posted by dinkydog1 at 08:46 AM : May 09, 2008
Any legality? You mean like attorney client privileged information. LIBS just don''t get it.
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Posted by mbcsmith
....
Attorney-client privilege is a legal concept that protects communications between a client and his or her attorney and keeps those communications confidential. A Department of Defense memo is not a client/attorney communication.
Attorney-client privilege is a legal concept that protects communications between a client and his or her attorney and keeps those communications confidential. A Department of Defense memo is not a client/attorney communication.
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Posted by dinkydog1 at 09:20 AM : May 09, 2008
Legal opinion written by the Dept of justice. The attorney client privilege extends to legal opinions from DOJ lawyers to the CIA.
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Posted by kaviz at 09:25 AM : May 09, 2008
By that logic, we should have seen all Clinton/DOJ communications regarding private individuals suing a sitting president. PROTECTED.
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Posted by excoachken at 09:59 AM : May 09, 2008
LOL...LIBS are more concerned with lynching a U.S. President than hanging the terrorist murderers at Gitmo. VERY SAD.
Was the Bu$h CIA behind 9/11?
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Posted by Oscarez at 10:03 AM : May 09, 2008
and 80% of LIBS think he should be lynched. LIB AMERICA has lost all sense of reality.
mbcsmith so it does not matter to you how bad a president Bush is as long as he is killing Muslims?
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Posted by excoachken at 10:12 AM : May 09, 2008
Cite for your statements please. Or, are you just another LIB LIAR.
mbcsmith so it does not matter to you how bad a president Bush is as long as he is killing Muslims?
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Posted by Oscarez at 10:16 AM : May 09, 2008
So you agree that he should be "lynched". VOTE LIB, VOTE HATE!
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Posted by Oscarez at 10:03 AM : May 09, 2008
Cite for your claim please. Or just another LIB lIE.
Posted by cornbiker
And torturing in the name of the american people is not one of them. If you think this is one of them then you are a disturbing individual and not one desirable as an example of an american citizen. The right wing despises history. Something we should learn from. Wearing flag pins on lapels is far from righteous. Nazis, barbaric murderers as they were can be seen in pictures in family gatherings holding babies with loving expressions on their faces. We live in troubled times. Sociopaths having taken hold of positions of leadership.
Posted by mbcsmith
Can I pull the trap door? How''s the menopause going Mary?
Posted by mbcsmith
Can I pull the trap door? How''''s the menopause going Mary?
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Posted by bm6005 at 11:34 AM : May 09, 2008
Rofl.
Posted by cornbiker at 10:32 AM : May 09, 2008
Spoken like a true Stalinist. Please enlighten us as to the sort of things, specifically in a representative democracy, the public doesn''t need to know about?
You obviously have a very loose grasp on the whole "of, by and for the people" thing.
Posted by cornbiker
Duh?? What are they teaching you fascist in those Nazi Youth Groups these days anyway? Go to your local library and get a copy of the CONSTITUTION... Oh before you go take off a couple of those swastika''s... you will NEVER understand it with those on. Now read the FIRST line in that Document. It say''s.. "WE the PEOPLE of the United States, in order to form a more perfect Union..." That establishes the GOVERNMENT moron!! WE the PEOPLE are the Government.. that disgusting piece of human trash YOU call a President?? He''s supposed to REPRESENT us... you know WORK FOR US! Sieg Heil Bush! I''ve seen dirt smarter than this fascist bootlicker folks!!
Posted by cornbiker at 10:32 AM : May 09, 2008
Hmmm - deja vu for the last 7+ years and let me guess who gets to decide what goes public...
And we invaded Iraq to spread this kind of "democracy"...
Posted by mbcsmith at 10:01 AM : May 09, 2008
And how much did the GOP and Ken Starr spend on a blue dress ?
Posted by notblue
If your mind is receptive to truth you will seek it and find that extremism is often the ill. Old style republicans are being labeled liberal by the warped right wing privatizing elite global capitalist one world order neo con fascist modern day republicon.
"Now read the FIRST line in that Document. It say''''s.. "WE the PEOPLE of the United States, in order to form a more perfect Union..." WE the PEOPLE are the Government.."
OMG, all that talk about the people''s this and that, and unions and such, sounds like communism, too. In fact, having a greedy despotic leader who ignores The Constitution and the desires of the people on that government is probably the farthest thing from communism. Wouldn''t you agree, notblue?
PS: I''m not a communist or neocon, just like spinning the absurd into something wearable.
Posted by cornbiker at 10:32 AM : May 09, 2008
Spoken like a true Stalinist. Please enlighten us as to the sort of things, specifically in a representative democracy, the public doesn''''t need to know about?
You obviously have a very loose grasp on the whole "of, by and for the people" thing.
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Posted by RickNuber at 12:17 PM : May 09, 2008
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Amen, Rick. Don''t the sheep amaze you sometimes, how they glibly brush off the constitutional protections that a whole lot of people died for establishing this free nation. These are the same types that would ratting out their neighbors under Stalin, for the "good" of the country. Sad.
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Posted by notblue at 12:51 PM : May 09, 2008
+ report abuse
Can''t speak for the other guy but I base MY view on SOLID FACTS obtained during the Fuhrer''s rule which have been submitted to several Political Scientist. Sieg Heil Bush
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