Memorandum for Alberto R. Gonzales. Counsel to the the Convention Against Torture and Other Cruel, Inhuman and Degrading Treatment or. Jay Bybee — who signed off on waterboarding as a Justice Department lawyer — ruled last week that the government should be immune from. When we talk today of the “torture memos,” most of us think about the Perhaps Jay S. Bybee himself, inexplicably rewarded for his role in the.

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Bradburyruling on the legality of the authorized techniques if agents followed certain constraints. Yoo was acting head of OLC for several months.

Archived copy as title link CS1 maint: Archived from the original PDF on Archived from the original on July 21, These authorized mmemo enhanced interrogation techniques ” that were used in the systematic torture of detainees at Guantanamo Bay detention camp beginning in and at the Abu Ghraib facility following the United States’ invasion of Iraq in Fear explains why OLC pushed the envelope. Bybee jy told the truth,” regarding Bybee’s role in the Torture Memos”he never would have been confirmed.

Retrieved May 29, From toBybee was on the faculty of the Paul M. In searching for a reference to rorture term in other U. Retrieved 1 March Gonzales, Counsel to the President Re: Effectively granting Kesser a new trial, this decision laid out the current Batson analysis in the Ninth Circuit.

Commenting on the specificity of the reservation and statute regarding mental pain or suffering, the memo says, “this understanding ensured that mental torture would rise to a severity comparable to that required in the context of physical torture. He wrote a memo to the DOD on March 14,concluding that “federal laws against torture, assault and maiming would not apply to the overseas interrogation of terror suspects”. On January 10,in an en banc decision, Judge Bybee wrote the opinion for the majority in the case of Smith v.


In that case, James Smith sought to have a case heard in federal court which he had previously brought in a tribal court. Retrieved 17 April I certainly didn’t think they were unlawful, but I couldn’t get an opinion that they were lawful either. A memo declassified in indicates that some in the Bush State Department believed that the methods were msmo under domestic and international law, and constituted war crimes.

The memo summarizes the terrorist threat from al Qaedaincluding the September 11 attacks, and states that interrogation of al Qaeda operatives led to the stopping of Jose Padilla ‘s planned attack.

International Rehabilitation Council for Torture Victims. Cambragranting habeas corpus to the defendant by a vote.

Another Tortured Memo from Jay Bybee | Brennan Center for Justice

The memo goes much further, troture. It describes the CIA practices, and reminds them how those practices are applied “to ensure that no prolonged mental harm would result from the use of these proposed procedures”. Court of Appeals for the Ninth Circuit, crafted a previously undisclosed interpretation of the law that is breathtaking in its sweep. Views Read Edit View history.

Torture Memos

After examining the definition provided in various dictionaries, it concludes that “pain” is synonymous with “suffering” “it is difficult to conceive bybde such suffering that would not involve severe physical pain”and, selecting among the many definitions, the memo proposes that severe pain must be difficult to endure some definitions quoted in the memo define severe pain as “inflicting discomfort”. Yoo concludes the letter by stating, “It is possible that an ICC official would ignore the clear limitations imposed by the Rome Statute, or at least disagree with the President’s interpretation of [the Geneva Convention].

Also at this alternative link Archived at the Wayback Machine. Navycampaigned internally against what he saw as the “catastrophically poor legal reasoning” and dangerous extremism of Yoo’s legal opinions. His memos said the 10 earlier opinions “should not be treated as authoritative for any purpose” and further explained that some of the underlying opinions had been withdrawn or superseded and that “caution should be exercised” by the Executive Branch “before relying in other respects” on the other opinions that had not been superseded or withdrawn.


Archived from the original on April 21, Retrieved 27 February On February 26,The New York Times reported that the Justice Department had revealed that numerous e-mail files were missing in relation to the decisions of that period and had not been available to the OPR investigation.

Try it and you’ll see. Yesterday evening, however, Scott’s sufferings became too great, and he took his own life. Retrieved April 26, The federal prohibition on torture, 18 U. On April 19,an editorial in The Rorture York Times said that Bybee is “unfit for a job that requires legal judgment and a respect for the Constitution” and called for Bybee’s impeachment from the federal bench.

Bush resubmitted his nomination on January 7, Those facts, according to the top secret memorandum, torturre that Abu Zubaydah was being meno by the United States, and that, “[t]he interrogation team is certain that he has additional information that he refuses to divulge” regarding terrorist groups in the U.

However, in a memorandum dated January 5,to Attorney General Eric HolderDavid Margolis, the top career Justice department lawyer who advises political appointees, [56] countermanded the recommended referral. In discussing the torhure prosecution by the ICC, the memo states that the U.

Comments on Your Paper on the Geneva Convention. On August 29,Bybee, who previously wrote the dissent in a three-judge panel’s ruling, authored the majority opinion that found Sheriff Joe Arpaio uay special prosecutor Dennis Wilenchik were not entitled to governmental immunity.

New York City, New York: