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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In addition to these memos issued by the OLC to executive agencies, internal memos were written related to the use of torture in interrogation of detainees; for instance, in andDonald RumsfeldSecretary of Defensesigned several memos authorizing “Special Interrogation Plans” for specific detainees held at Guantanamo Bay in an attempt to gain more information from them. Retrieved July 31, Retrieved April 22, Retrieved 17 April The Court held that the sentence was grossly disproportionate to the crime.
Because of prior convictions, he had been sentenced to twenty-seven years to life under California ‘s Three strikes law. Part five of the memo analyzes constitutional law as to whether the statute passed by Congress infringes mwmo the powers of the president to conduct war, and concludes that it is tprture. Las Vegas Review Journal.
It concludes that the “ratification history and negotiating history [of the convention] all confirm that Section A reaches only the most heinous acts”, and thus implies that this confirms its definition of torture in part one, section two of this memo. On Tortjre 10,in an en banc decision, Judge Bybee wrote the opinion for the majority in the case of Smith v.
He is a moderate conservative, very bright and always bbee to the record and the applicable law.
Meko statutory subsection, 8 U. Bradbury authored an additional memo dated Julyseeking to reconcile the interrogation techniques with new legal developments, including Hamdan v.
Another Tortured Memo from Jay Bybee | Brennan Center for Justice
Yoo concludes the letter by stating, “It is possible that an ICC official would jat the clear limitations imposed by the Rome Statute, or at least disagree with the President’s interpretation of [the Geneva Convention]. The memo examines the negotiating history of the Convention, and finds that the U. Those missing e-mail messages came during a period when two of the critical interrogation memos were being prepared.
Department of JusticeOffice of Legal Counsel. He called the memo “deeply flawed” and “sloppily reasoned”. It also states that the statute requires “prolonged mental harm” to accompany mental or physical pain, and that “prolonged” means a duration of months or years.
Torture Memos – Wikipedia
The Court concluded that Violet Bruce was an Indian. Bradbury as head of the OLC signed three memos issued in May advising the CIA that a limited set of interrogation techniques could be used, according to certain constraints. That request was routed to the OLC by the White House General Counsel Alberto Gonzaleswho desired the “ability to quickly obtain information from captured terrorists and their sponsors.
In Maythe CIA requested new legal opinions about the interrogation techniques it was using. Tortuer October 24, Los Angeles Daily Journal. In discussing the possible prosecution by the ICC, the memo states that the U. Archived from the original on July 21, It clarifies that a medical expert will always be present “to prevent severe physical or mental harm[.
The Man Behind Waterboarding”.
Goldsmith says he had decided to revoke what the CIA had been calling its “golden shield” against prosecution six months before the abuses at Abu Ghraib were revealed.
This section reviews how no appreciable harm has ever resulted from the application of these techniques on U. Bush administration, which ratified the Convention, was different from that of the Reagan administration. On April 19,an editorial in The New 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.
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. United States Department of Justice.
Judge Bybee’s colleague, Milan D. This memo guts what was left of the criminal grand jury information-sharing restrictions.
Bybee spent one year as law clerk to Judge Donald S. By using this site, you agree to the Terms of Use and Privacy Policy. The rules governing disclosure of grand jury proceedings are set by the Federal Rules of Criminal Procedure; prior to the PATRIOT Act, those rules declared that grand jury information could be shared only under certain circumstances, such as when the material was necessary to assist a prosecutor.
Views Read Edit View history. But, later that year, an opinion was issued by his successor at the OLC, that changed the very narrow definition of torture from the original legal opinions of the Bush administration on this topic.
Torture Memos
After summarizing the law, it analyses the elements of the offense of torture inflicting severe pain or sufferingand the specific or criminal intent required by the statute for the offense. As one former CIA official, once a senior official for the directorate of operations, told me: Archived from the original on 10 April Archived from the original on 21 January Another Tortured Memo from Jay Bybee.
Iay interpretation of the Geneva Convention was sent in memos, despite objections by attorneys and the Secretary of the Department of State, [13] [14] on January 9,[15] January 22,[16] February 1,[17] and again on February 7, In Julyafter a five-year inquiry, the Office of Ybbee Responsibility released a report, later modified by the Justice Department, saying Jay Bybee and his deputy John Yoo committed “professional misconduct” [28] by providing legal advice that was in possible violation of international and federal laws on torture.
Goldsmith’s tenure at OLC was ten months. Douglas Kmiec, a law professor at Pepperdine Universityhas stated that ultimately the memo “caused no long-term legal damage because it was redrafted and is not legally binding”. When he disagreed with the tribal court’s decision, he claimed that it had had no jurisdiction in the first place.
Jack Goldsmithwho succeeded Bybee as head of the Office of Legal Counsel, withdrew the torture memos weeks before resigning in June