Torture Memos - Knowledge

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Convention, which defines torture, but it also states that the U.S. refuses to accept the jurisdiction of the International Court of Justice regarding conformity to the Convention. The memo notes that in the reservation, the U.S. added language of "specific intent" (as opposed to the "general intent" in the Convention), and it explained what was meant by mental pain or suffering (as in the U.S. statute). 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." The memo explains treaty law, which states that the U.S. is bound to the treaty only as modified by the reservation, and points out that the language of the reservation is "nearly identical" to that of 18 U.S.C. § 2340. Therefore, it states, if the interrogation conduct did not violate the U.S. statute, it would also not violate the U.S. obligations under the Convention. While the letter states there is little substantive difference between the definition of torture in the text of the statute (or reservation) and in the Convention, most of the material in this part of the memo is dedicated to explaining why the reservation to the Convention is valid and cannot be overturned. The memo closes this section reminding the reader of the refusal of the U.S. to accept the jurisdiction of the ICC, and that, "lthough the Convention creates a ommittee to monitor compliance, can only conduct studies and has no enforcement powers."

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course of conduct, to determine whether certain acts will violate Section 2340A." After reviewing a number of torture-related cases in the U.S., in which victims were subjected to beatings, burning, electric shocks, and the threat of such actions, it states that, "we believe that interrogation techniques would have to be similar to these in their extreme nature and in the type of harm caused to violate the law." It does discuss one case in which the federal court states that an isolated incident, such as a single blow to the stomach, is sufficient alone to be torture, but the memo states that this is in error, because "a single blow does not reach the requisite level of severity ." It later says that this conclusion is "based on our interpretation of the criminal statute" found in section two of part one of this memo. Although the memo states that nowhere in the case law can a clear interpretation or definition of torture be found, because the cases it did find were all regarding extreme acts, it concludes that this confirms the memo's definition of torture.

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with "suffering" ("it is difficult to conceive of 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"). In searching for a reference to the term in other U.S. statutes and law, it quotes from a health care law that defines "emergency condition", but merely mentions "severe pain" in passing. That statutory subsection, 8 U.S.C. § 1395w-22(d)(3)(B), defines an emergency condition as a condition "manifesting itself by acute symptoms of sufficient severity (including severe pain) such that ... could reasonably expect the absence of immediate medical attention to result in placing the health of the individual ... in serious jeopardy, serious impairment to bodily functions, or serious dysfunction of any bodily organ or part".

300:. It failed to promote any language regarding torture to be only "extremely cruel" behavior resulting in "excruciating and agonizing" pain, and instead, filed a reservation that quoted the text of the U.S. torture statute. The memorandum states that, on the basis of the conclusions reached in part one, "there was little difference between these two understandings and ... the further definition of mental pain or suffering merely sought remove the vagueness created by concept of 'agonizing and excruciating mental pain." The memo quotes a legal adviser of the Department of State, who stated that, "no higher standard was intended by the Reagan administration understanding than was present in the Convention or the Bush understanding". 263:(the convention only requires general intent, but the "specific intent" language is found in the U.S. ratification reservation), and in citing case law, precedent states that specific intent means that "the infliction of pain must be the defendant's precise objective" and reminds the reader that "general intent" requires only actions that would be reasonably likely to result in a violation of the statute. The article concludes that, "even if the defendant knows that severe pain will result from his actions, if causing such harm is not his objective, he lacks the requisite specific intent". It suggests that a jury would likely act contrary to law (out of misunderstanding) by finding such an individual guilty regardless. 416:

unknown individuals. Without further discussion, the fact summary concludes that the "high level of threat believe now exists" is why advice regarding further techniques is being sought. Continuing to summarize the facts, the memorandum summarizes the characteristics of the professionals present during the proposed interrogation techniques, and summarizes those coercive methods. It states that the purpose of these methods will be to "convince Zubaydah that the only way he can influence his surrounding environment is through cooperation". The memorandum describes in detail each of the techniques proposed as generally used, including attention grasp,

440:'s case. 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". This section reviews how no appreciable harm has ever resulted from the application of these techniques on U.S. military personnel, and that these techniques have the approval of the government medical experts who train in the application and subversion of these techniques. It summarizes the psychological profile provided of the subject, including his involvement in high-level terrorist activities with al Qaeda and his background training operatives in 958:, who had been appointed in October 2003 to lead the OLC. He had earlier advised agencies not to follow the three August 2002 memos. He called the memo "deeply flawed" and "sloppily reasoned". In discussing the issues in 2007, after publishing his memoir about his service in the Bush administration, Goldsmith asserted that he "hadn't determined the underlying techniques were illegal". He continues, "I wasn't in the position to make an independent ruling on the other techniques. I certainly didn't think they were unlawful, but I couldn't get an opinion that they were lawful either." 887:, David Margolis, the top career Justice department lawyer who advises political appointees, countermanded the recommended referral. While Margolis was careful to avoid "an endorsement of the legal work", which he said was "flawed" and "contained errors more than minor", he concluded that Yoo had exercised "poor judgment", which did not rise to the level of "professional misconduct" sufficient to authorize OPR to refer its findings to the state bar disciplinary authorities. Margolis's decision not to refer Yoo to the bar for discipline was criticized by numerous commentators. 247:; that severe pain (a requisite for this definition of torture) is "serious physical injury, such as organ failure, impairment of bodily function, or even death"; that prolonged mental harm is harm that must last for "months or even years"; that "prosecution under Section 2340A may be barred because enforcement of the statute would represent an unconstitutional infringement of the President's authority to conduct war"; and that "under the current circumstances, necessity or self-defense may justify interrogation methods that might violate Section 2340A." 289:

executive branch's interpretation of the treaty "is to be accorded the greatest weight in ascertaining a treaty's intent and meaning". It finds in the congressional record that the Reagan administration understood torture to be "at the extreme end of cruel, inhuman and degrading treatment or punishment", and that such treatment or punishment, which is not torture, to be "the cruel, unusual, and inhumane treatment or punishment prohibited by the Fifth, Eighth and/or Fourteenth Amendments to the Constitution of the United States".

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recorded its reservations upon ratification. It also concludes that "actions taken as part of the interrogation ... cannot fall within the jurisdiction of the ICC, although it would be impossible to control the actions of a rogue prosecutor or judge." The letter explains the Department of Justice's interpretation of §§ 2340–2340A, their interpretation of the Convention Against Torture as applied to the United States and the status of the U.S. reservations, and explains its position on the possibility of prosecution by the ICC.

444:, as well as his radical thinking, such as the fact that he "has stated during interviews that he thinks of any activity outside of jihad as "silly". It states that after substantial research of the individual's background, behavior and journal entries, interrogators believe he does not suffer from any psychological disorders or disturbances. This section concludes by emphasizing the potential value of the information he could provide, as well as his likely strong ability to resist standard interrogation techniques. 664: 872:, now a law professor at the University of California, Berkeley; and signatory Jay Bybee, now a federal judge, to determine whether the advice given "was consistent with the professional standards that apply to Department of Justice attorneys". John Yoo was later harshly criticized by the Department of Justice for failing to cite legal precedent and existing case law when drafting his memos. In particular, the 2009 DOJ report chastises Yoo for failing to cite 462: 655:, Acting Assistant Attorney General, Office of Legal Counsel, rolled back the narrow definition of torture in the memos. He noted, "hile we have identified various disagreements with the August 2002 Memorandum, we have reviewed this Office's prior opinions addressing issues involving treatment of detainees and do not believe that any of their conclusions would be different under the standards set forth in this memorandum." 4248: 782:

1, 2002, memorandum, quoted above, has been withdrawn and superseded, along with the entirety of the memorandum, and in any event I do not find that statement persuasive. The President, like all officers of the Government, is not above the law. He has a sworn duty to preserve, protect, and defend the Constitution and to execute the laws of the United States faithfully, in accordance with the Constitution.

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reflected the views of OLC. 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. On January 15, 2009

40: 4258: 619:(2007), Goldsmith called them "cursory and one-sided legal arguments". 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. He was at work on the problem when the scandal and the leak of the memo precipitated the final decision. 411:, and that the conclusions of the memorandum may change given different facts. Those facts, according to the top secret memorandum, are that Abu Zubaydah was being held by the United States, and that, "he interrogation team is certain that he has additional information that he refuses to divulge" regarding terrorist groups in the U.S. or 304:

the phrase "severe pain", the parties concluded that this phrase "sufficient ... convey the idea that only acts of a certain gravity shall ... constitute torture", rather than all acts that are inhumane and degrading. It concludes that the "ratification history and negotiating history all confirm that Section 2340A reaches only the

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sent a letter to Judge Jay S. Bybee inviting him to testify before the Judiciary Committee in connection with his role in writing legal memoranda authorizing the use of harsh interrogation techniques while serving as the Assistant Attorney General of the Office of Legal Counsel (OLC). Bybee "declined to respond" to the letter.

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the background of the consultant to be assisting, and the details of the proposed coercive actions. It then applies the U.S. torture statute (18 U.S.C. §§ 2340–2340A) to each of these proposed actions. It concludes that none of these methods individually or simultaneously would be considered torture according to law.

360:'s planned attack. It provides case law supporting its position of the executive branch to conduct war. It also argues that prosecution of individuals following orders from the president, even if in violation of § 2340A, should not be possible, since it would impinge upon the president's powers as commander-in-chief. 530:). The memo further argues that even if the ICC were to claim jurisdiction, "interrogation of an al Qaeda operative could not constitute a crime under the Rome Statute", since it would not involve the "widespread and systematic attack directed against any civilian population" and would not be considered a 1021:

published an opinion piece titled "Waterboarding is Torture... Period." His piece drew on his having "personally led, witnessed and supervised waterboarding of hundreds of people", explaining that the use of waterboarding in SERE was "designed to show how an evil totalitarian, enemy would use torture

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We have also previously expressed our disagreement with the specific assertions excerpted from the 8/1/02 Interrogation Opinion: The August 1, 2002, memorandum reasoned that "ny effort by Congress to regulate the interrogation of battlefield combatants would violate the Constitution's sole vesting of

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This section provides legal analysis of the U.S. anti-torture law (18 U.S.C. §§ 2340–2340A) and the application of each of the proposed techniques in this particular situation. After summarizing the law, it analyses the elements of the offense of torture (inflicting severe pain or suffering), and the

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Part five of the memo analyzes constitutional law as to whether the statute passed by Congress infringes on the powers of the president to conduct war, and concludes that it is unconstitutional. It states specifically that the nation was "in the middle of a war in which the nation already suffered a

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The federal prohibition on torture, 18 U.S.C. §§ 2340–2340A, is constitutional, and I believe it does apply as a general matter to the subject of detention and interrogation of detainees conducted pursuant to the President's Commander in Chief authority. The statement to the contrary from the August

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How could this have happened? How could OLC have written opinions that, when revealed to the world weeks after the Abu Ghraib scandal broke, made it seem as though the administration was giving official sanction to torture, and brought such dishonor on the United States, the Bush administration, the

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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 . Of course, the problem of the 'rogue prosecutor' is not limited to questions about the interrogation

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and his resistance to interrogation, as related by the CIA. It summarizes the various methods of physical and psychological coercion to be used by the CIA against Zubaydah (see next section, Part I for details). It discusses the background of Zubaydah and the possible mental effects from such abuse,

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Part six of the memo is titled "Defenses" and concludes that "under the current circumstances, necessity or self-defense may justify interrogation methods that might violate Section 2340A." This is provided as a fail safe argument, because the author believes that, according to his view in part five

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The memo examines the negotiating history of the Convention, and finds that the U.S. originally proposed the terms "extremely severe pain or suffering", and that the U.K. proposed the terms, "extreme pain or suffering rather than ... severe pain or suffering", and states that "ltimately, in choosing

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figure who could provide important information to U.S. efforts to constrain and prevent terrorism. They were anxious to get as much information from Zubaydah as fast as possible. Questions by CIA officers over which tactics could be used on the detainee had spurred writing the torture memo, which is

2016:"Memorandum for John A. Rizzo Acting General Counsel, Central Intelligence Agency Re: Application of the War Crimes Act, the Detainee Treatment Act, and Common Article 3 of the Geneva Conventions to Certain Techniques that May Be Used by the CIA in the Interrogation of High Value al Qaeda Detainees" 1167:

After senior administration officials gave permission to the C.I.A. to use all previously approved "enhanced" interrogation techniques except waterboarding, Mr. Ashcroft sent a one-paragraph memo to the agency stating that it would be lawful to use those techniques on Mr. Gul. This memo, the report

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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. These included most of Yoo's e-mail records, as well as a "month's worth of e-mail files from the summer of 2002

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Goldsmith's tenure at OLC was ten months. He resigned, he said, for several reasons, but the main one was that, due to withdrawing the Torture Memos, "important people inside the administration had come to question my ... reliability." He had been unable to finish replacement legal opinions so that

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In the explanation of the definition of torture according to 18 U.S.C. § 2340, it emphasizes the need for the pain to be severe, although it does not attempt to define what "severe pain or suffering" means. It also emphasizes that the individual inflicting such pain must have "specific intention to

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or punishment" because such language is found in a different article than the definition of torture, and because it appears that the convention does not intend to criminalize such action, but instead discourage it. The memo examines the ratification history, and cites U.S. case law stating that the

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In the second section, the memo admits difficulty in finding any clear definition for the "severe pain or suffering" required by the torture statute (which is also required by the UN Convention). After examining the definition provided in various dictionaries, it concludes that "pain" is synonymous

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article, Patrick J. Leahy (D-VT), chairman of the Senate Judiciary Committee, is quoted: "If the Bush administration and Mr. Bybee had told the truth, he never would have been confirmed," adding that "the decent and honorable thing for him to do would be to resign ". Four days later, Senator Leahy

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Part three summarizes various techniques within the case law to outline the kind of conduct that the courts have previously found to be torture. The memo states that, through an analysis of those cases, "courts are likely to take a totality-of-the-circumstances approach, and will look to an entire

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Department of Justice, and the CIA? How could its opinions reflect such bad judgement, be so poorly reasoned, and have such terrible tone?... The main explanation is fear . Fear explains why OLC pushed the envelope. And in pushing the envelope, OLC took shortcuts in its opinion-writing procedures.

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After Bybee was confirmed in his appointment as a federal judge on March 13, John Yoo was the acting head of the OLC. He wrote a memo to the DoD on March 14, 2003, concluding that "federal laws against torture, assault and maiming would not apply to the overseas interrogation of terror suspects".

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planning attacks in the U.S. or overseas. It does not give any specifics or note what makes this conclusion certain. The memorandum states that it appears that the suspect has grown accustomed to their interrogation techniques, and refers to the threat of a possible attack in the United States by

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The memo discusses the Convention Against Torture (which the memo calls the "Torture Convention") and concludes that the convention makes a distinction between torture and "cruel, inhuman, or degrading treatment or punishment", and that therefore torture is "only the most extreme acts", which the

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Near the end of the Bush administration, Bradbury signed two memoranda for the files, explaining that during his tenure, OLC had determined that certain legal propositions previously stated in ten OLC opinions issued between 2001 and 2003 concerning executive power in the War on Terror no longer

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that his signing of the controversial opinions was "based on our good-faith analysis of the law". In addressing reports of his regrets, he said in the same article that he would have done some things differently, such as clarifying and sharpening the analysis of some of his answers, to help the

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Scheer wrote, "Was it as a reward for such bold legal thinking that only months later Bybee was appointed to one of the top judicial benches in the country?" He wrote, "The Bybee memo is not some oddball exercise in moral relativism but instead provides the most coherent explanation of how this

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a seminal 1952 case on the powers of the Executive in times of war. In its 261-page final report, the OPR concluded that the legal opinions that justified waterboarding and other interrogation tactics for use on Al Qaeda suspects in United States custody amounted to professional misconduct. The

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sent to Gonzales the same day by Jay Bybee, to which it occasionally refers. The letter concludes that the interpretation of the Department of Justice of 18 U.S.C. § 2340, which enacted into U.S. law the Convention Against Torture, does not conflict with the Convention because the United States

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that found that wall standing, hooding, subjection to noise, sleep deprivation, and deprivation of food and drink, used in combination for a long period fall into the category of inhuman treatment, but not torture, since "they did not experience suffering of the particular intensity and cruelty

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As the memo quotes from the definition of torture in the Convention Against Torture, it compares that definition to the one found in the U.S. statute, and analyzes the effect of the ratification reservation of the U.S. to the Convention. That reservation was mainly regarding Article One of the

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This is the primary "torture memo", which defines the Department of Justice's (DOJ) interpretation of torture. It is relied upon heavily by the subsequent "torture memos". It discusses the language of the torture statute (18 U.S.C. §§ 2340–2340A) in detail in order to derive its definition of

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In the conclusion section of the memorandum, Bybee summarizes what is viewed as the most important conclusions of the memorandum, namely the definition of torture, the possible unconstitutionality of the torture statute as applied to the president, and the legal justification of necessity or

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In April 2009, Obama released redacted versions of the Torture Memos. Shortly afterward, he said that his administration would prosecute neither the authors of the memos nor those CIA or DOD personnel or contractors who carried out the acts described in them in the belief they were legal.

239:, dated August 1, 2002, titled "Standards for Conduct for Interrogation under 18 U.S.C. §§ 2340–2340A". He was responding to the president's reported request for a legal opinion on the U.N. Convention Against Torture and 18 U.S.C. section 2340 and the interrogation of al Qaeda operatives. 325:

Part four examines international case law regarding torture, and concludes that while there are many methods that might be cruel, inhuman and degrading treatment, "they do not produce pain or suffering of the necessary intensity to meet the definition of torture." It discusses two cases:

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torture, states that "cruel, inhuman, or degrading" treatment is not torture according to that statute; and examines "possible defenses that would negate any claim that certain interrogation methods violate the statute". It concludes that torture is only: extreme acts according to the

132:, ruling on the legality of the authorized techniques if agents followed certain constraints. 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 2002 and 2003, 534:. Yoo writes that, in his opinion, "he United States' campaign against al Qaeda is an attack on a non-state terrorist organization, not a civilian population." He also reiterates President W. Bush's "assertion" that "neither members of the al Qaeda terrorist network nor 202:

started, concluding that federal laws related to use of torture and other abuse did not apply to agents interrogating foreigners overseas; and other DoD internal memos authorizing techniques for specific military interrogations of certain individual detainees.

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He is a moderate conservative, very bright and always attentive to the record and the applicable law. I have not talked to other judges about his memo on torture, but to me it seems completely out of character and inexplicable that he would have signed such a

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It seemed to me that the OLC interpretation of U.S. Constitutional Law in this area was strained and indefensible. I could not imagine any federal court in America agreeing that the entire CIA program could be conducted and it would not violate the American

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Bradbury wrote two secret memos in 2005 that authorized waterboarding, head-slapping and other harsh tactics by the CIA. As a result of that and other issues, Senate Democrats have repeatedly blocked Bradbury's nomination to head the legal counsel's office

748:. The 2007 memo provided legal authorization and OLC approval for a more limited set of actions for use when interrogating high-value detainees. This approval encompassed six listed techniques, including temporary food deprivation (no less than 1,000 255:

Part one, in which the text and history of the U.S. torture statute (18 U.S.C. §§ 2340–2340A) is examined, mainly addresses Bybee's interpretation of the definition of torture, including the definition of severe physical and mental pain or suffering.

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be pain associated with "death, organ failure, or serious impairment of body functions". 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.

546:, or war crime. This interpretation of the Geneva Convention was sent in memos, despite objections by attorneys and the Secretary of the Department of State, on January 9, 2002, January 22, 2002, February 1, 2002, and again on February 7, 2002. 849:, who succeeded Bybee as head of the Office of Legal Counsel, withdrew the torture memos weeks before resigning in June 2004. He later said he was "astonished" by the "deeply flawed" and "sloppily reasoned" legal analysis in the memos. 2490:

As one former CIA official, once a senior official for the directorate of operations, told me: 'Of course it was torture. Try it and you'll see.' Another, also a former higher-up in the directorate of operations, told me: 'Yes, it's

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task fell to his successors. 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.

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considered conducting a war crime investigation against Bybee and five other Bush administration figures, but the Attorney General of Spain recommended against it. Bybee was, however, investigated by the Justice Department's

899:, another political appointee Justice Department lawyer who worked on the interrogation opinions. Those missing e-mail messages came during a period when two of the critical interrogation memos were being prepared." 227:" used by the CIA in Zubaydah's interrogation. Yoo told an interviewer in 2007, "there was an urgency to decide so that valuable intelligence could be acquired from Abu Zubaydah, before further attacks could occur." 576:

was approved for the position. In 2008, leaders of the Senate Intelligence and Armed Services committees concluded that the memo was used by the DoD to "justify harsh interrogation practices on terror suspects at

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broke into the news, and in June 2004, the Bybee memo was leaked to the press. Based on his review of the Torture Memos, Goldsmith concluded that they were legally defective and had to be withdrawn. In his book

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of al Qaeda operatives, but is a potential risk for any number of actions that have been undertaken during the Afghanistan campaign... We cannot predict the political actions of international institutions."

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as head of the OLC signed three memos issued in May 2005 advising the CIA that a limited set of interrogation techniques could be used, according to certain constraints. The permissible techniques included

2898: 390:, then the acting General Counsel of the CIA, dated August 1, 2002, in response to the CIA's reported request for legal opinion on 18 U.S.C. § 2340 (the torture statute) as applied to the interrogation of 2144:"Memorandum for the Files from Steven G. Bradbury, Principal Deputy Assistant Attorney General, Re: Status of Certain OLC Opinions Issued in the Aftermath of the Terrorist Attacks of September 11, 2001" 3647: 163:

at the United States Department of Justice and signed in August 2002: "Standards of Conduct for Interrogation under 18 U.S.C. sections 2340–2340A" and "Interrogation of al Qaeda" (both drafted by

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memo concludes, together with the ratifying reservations of the United States, confirms the interpretation of torture found in part one. It concludes that torture does not include "other acts of

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report said that Yoo in particular "knowingly failed to provide a thorough, objective, and candid interpretation of the law", and recommended referral of him to the Bar for disciplinary action.

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However, in August 2009, the Justice Department announced that those who had exceeded approved "techniques" might face prosecution. The investigation by DOJ of such actions continued into 2010.

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Investigation into the Office of Legal Counsel's Memoranda Concerning Issues Relating to the Central Intelligence Agency's Use of "Enhanced Interrogation Techniques" on Suspected Terrorists

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inflict severe pain or suffering". The letter explains § 2340's definition of "severe mental pain or suffering", and reminds the reader of the need for "prolonged mental harm".

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that does not mention torture at all, but only cruel and inhumane treatment, which the memo states is evidence that the actions addressed by that court were not torture.

2514: 3088:"'The Law Required It' Former Justice Department lawyer Jack Goldsmith explains why he fought the White House's aggressive legal maneuvers in the fight against terror" 3942: 3533:, ProPublica's table of both released and yet to be released OLC memos, related to interrogations and detainee treatment, executive power and warrantless wiretapping. 991:, called the August 1, 2002 memo "perhaps the most clearly erroneous legal opinion I have ever read", which "grossly overreads the president's constitutional power". 803:

of the OLC opinions on that topic between 2001 and 2009. He had declared shortly before taking office "under my administration the United States does not torture."

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direct attack", and that limiting interrogations would encroach on the president's ability to prevent future attacks. The memo summarizes the terrorist threat from

4307: 2888: 1987: 799:, which rescinded all the previous OLC guidance about "detention or the interrogation of detained individuals" and directed that no government agency may rely on 685:, then Acting General Counsel of the agency, requested the Office of Legal Counsel, Department of Justice, for new legal opinions on the use of these techniques. 198:; a March 13, 2003, legal opinion written by John Yoo of the Office of Legal Counsel, DoJ, and issued to the General Counsel of Defense five days before the U.S. 3543:

John Yoo to William J. Haynes, 14 March 2003, "Memo Regarding the Torture and Military Interrogation of Alien Unlawful Combatants Held Outside the United States"

140:, signed several memos authorizing "Special Interrogation Plans" for specific detainees held at Guantanamo Bay in an attempt to gain more information from them. 728: 483:, then the counsel to the president, dated August 1, 2002, in response to Gonzales' reported request for legal opinion on whether interrogation methods used on 3973: 3927: 630:, Goldsmith wrote, Gonzales seemed "puzzled and slightly worried", while Addington "was just plain mad". Goldsmith submitted his resignation at the same time. 4297: 4146: 99:—and stated that such acts, widely regarded as torture, might be legally permissible under an expansive interpretation of presidential authority during the " 3542: 4176: 3681: 1477: 1453: 1433: 219:

reflected in the language of the memo; "You have asked for this advice in the course of conducting interrogations of Abu Zubaydah." The memo's author,

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issued a one paragraph opinion re-authorizing the use of torture. Then in December 2004, another head of OLC reaffirmed the original legal opinions.

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The memoranda have been the focus of considerable controversy over executive power, government practices, and the treatment of detainees during the

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In May 2005, the CIA requested new legal opinions about the interrogation techniques it was using. The OLC issued three memos that month, signed by

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In 2005, CIA lawyers reviewed videotapes of interrogations of detainees. Increasingly concerned about the legal implications of their practices,

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Since the initial revelation of these documents, other communications related to the use of torture to coerce or intimidate detainees during the

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In discussing the possible prosecution by the ICC, the memo states that the U.S. did not ratify the necessary treaty for such jurisdiction (the

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Bradbury authored an additional memo dated July 2007, seeking to reconcile the interrogation techniques with new legal developments, including

4292: 4210: 4091: 3486: 2730: 1678: 1601: 865: 840: 611: 285: 107: 931:, campaigned internally against what he saw as the "catastrophically poor legal reasoning" and dangerous extremism of Yoo's legal opinions. 2568: 1742: 1144: 2250: 1706: 752:/day), sleep deprivation by being forced to hold a "standing position for as many as four days", and several types of physical striking. 4065: 2741: 2609: 2150: 2095: 2073: 2022: 1631: 183: 80: 72: 3922: 3633: 1778: 1414:"Memorandum for Albert R. Gonzales, Counsel to the President Re: Standards of Conduct for Interrogation under 18 U.S.C. §§ 2340–2340A" 191: 137: 2788: 4141: 3825: 2805:

Margolis Memorandum in PDF format, available from the website of the U.S. House of Representatives House Committee on the Judiciary.

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Principal Deputy Assistant Attorney General Steven Bradbury wrote in a May 10, 2005, memo authorizing continued use of waterboarding

823: 224: 84: 3993: 2077: 1257: 420:, facial hold, insult slap, cramped confinement (large and small and with and without an insect), wall standing, stress positions, 2047: 4116: 4060: 4055: 4008: 3978: 3536: 2972: 2852: 1154: 912: 741: 600: 2936: 965:

asked if Bybee's appointment to a lifetime job as a federal judge was reward for writing the torture memo. In his column in the

3932: 3686: 3417: 488: 293: 4013: 2091: 1624: 1032:, has stated that ultimately the memo "caused no long-term legal damage because it was redrafted and is not legally binding". 4121: 4075: 3880: 3530: 3444: 2540: 2015: 1495:"Memorandum to Counsel to the President... Subject:... Applicability of the Geneva Convention to the Conflict in Afghanistan" 1349: 951:

Zelikow alleged that Bush administration officials not only ignored his memos on the subject, but attempted to destroy them.

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said that Bybee is "unfit for a job that requires legal judgment and a respect for the Constitution" and called for Bybee's

3358: 3295: 2038:"Memos Suggest Legal Cherry-Picking in Justifying Torture: DOJ Lawyers' Analysis Changed Little Despite New Legal Backdrop" 763:

Memorandum Regarding Status of Certain OLC Opinions Issued in the Aftermath of the Terrorist Attacks of September 11, 2001,

4156: 3799: 3574: 1312:"Memorandum for John Rizzo Acting General Counsel of the Central Intelligence Agency: Interrogation of al Qaeda Operative" 1040: 599:

was appointed to succeed Bybee as head of the Office of Legal Counsel and took office in October 2003. A professor at the

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came to believe that to assure freedom and security at home and abroad, it should ape the tactics of brutal dictators."

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After Bybee resigned from the Department of Justice in March 2003 for a federal judgeship in Nevada, Attorney General

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Jay Bybee, then Assistant U.S. Attorney General and head of the OLC, addressed a memorandum to Alberto Gonzales, then

76: 3222: 2226: 2171: 4136: 3968: 3910: 3057: 1319: 651:

The superseding OLC opinion of December 30, 2004, "Definition of Torture Under 18 U.S.C. §§ 2340–2340A" written by

357: 2340: 356:, including the September 11 attacks, and states that interrogation of al Qaeda operatives led to the stopping of 63:

as Deputy Assistant Attorney General of the United States and signed in August 2002 by Assistant Attorney General

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Memorandum for A. Gonzales... Re: Status of Taliban Forces Under Article 4 of the Third Geneva Convention of 1949

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The first part says that the advice is provided in this memorandum applies only to the facts at hand regarding

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vetoed the White House's choice of John Yoo as his successor. Yoo was acting head of OLC for several months.

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acts", and thus implies that this confirms its definition of torture in part one, section two of this memo.

160: 115: 68: 4251: 4186: 4106: 3653: 3594: 3548: 2042: 1123: 745: 1473:. United States, Department of Justice, Office of the Legal Counsel. Accessed September 4, 2009. Also at 436:

Part two of this memorandum goes into detail how the techniques described in part one will be applied in

4181: 4018: 2246: 2143: 1666: 1662: 1029: 853: 834:, medical experts, intelligence officials, military judges, and American allies. In 2009, Spanish judge 827: 796: 604: 428:. It clarifies that a medical expert will always be present "to prevent severe physical or mental harm" 2463: 57:

Memorandum Regarding Military Interrogation of Alien Unlawful Combatants Held Outside The United States

2664: 2427: 1956: 663: 3998: 3855: 3804: 3628: 2967: 1656: 1085: 572:, General Counsel of the Department of Defense. Yoo was acting head of OLC for several months before 1534:

Memorandum for A. Gonzales... Re: Application of Treaties and Laws to al Qaeda and Taliban Detainees

633:

Reflecting afterward on the Torture Memos as a cautionary tale, Goldsmith wrote in his 2007 memoir:

4233: 3363: 3184: 2505:"Retired JAGs Send Letter To Leahy: 'Waterboarding is inhumane, it is torture, and it is illegal.'" 2231: 195: 2303: 1521:

Memorandum for W. Haynes... Re: Application of Treaties and Laws to al Qaeda and Taliban Detainees

1508:

Memorandum to Counsel to the President... Subject: Comments on Your Paper on the Geneva Convention

4287: 4228: 4204: 4161: 3779: 3774: 3700: 3394: 3331: 3227: 2829: 2366: 2308: 2139: 1992: 1915: 1852: 1193: 1149: 1058: 1011: 1007: 928: 916: 896: 831: 765: 736: 686: 667: 542:

under the ," and therefore planned interrogation methods would not constitute a violation of the

129: 3539:, ACLU pages dealing with the OLC memos. Table (PDF) of released and unreleased memos available. 2578: 1749: 1562:. United States, Department of Justice, Office of the Legal Counsel. Accessed September 4, 2009. 1549:. United States, Department of Justice, Office of the Legal Counsel. Accessed September 4, 2009. 1536:. United States, Department of Justice, Office of the Legal Counsel. Accessed September 4, 2009. 1523:. United States, Department of Justice, Office of the Legal Counsel. Accessed September 4, 2009. 1258:"Gonzales unflappable in 6 hours of testimony – Bush nominee says torture will not be tolerated" 1036: 835: 768:, Acting head of the OLC from 2005 to January 20, 2009, during the Bush administration, stated, 2889:"Torture Bored: How we've erased the legal lines around torture and replaced them with nothing" 2260: 1910: 1848: 1713: 907:

The August 1, 2002, memo has been widely criticized, including within the Bush administration.

4217: 4166: 3850: 3691: 3523: 3519: 3482: 3449: 3389: 3152:"The Torture Memo By Judge Jay S. Bybee That Haunted Alberto Gonzales's Confirmation Hearings" 3120: 2545: 2481: 2471: 2467: 2453: 1938: 1883: 1684: 1674: 1670: 1597: 1593: 1386: 1184: 1107: 996: 980: 967: 935: 703: 569: 421: 194:, authorizing 17 techniques in a "Special Interrogation Plan" to be used against the detainee 88: 4261: 3568: 2392: 1533: 1520: 1494: 1110:, a phrase insinuating that as long as violence does not leave a mark, it is not prosecutable 3865: 3860: 3514: 3305: 2893: 2857: 2509: 1440:. United States, Department of Justice, Office of Legal Counsel. Accessed September 5, 2009. 939: 699: 623: 539: 480: 207: 199: 172: 3583:, video, Maguire Center for Ethics and Public Responsibility, Southern Methodist University 1785: 1559: 1546: 1470: 1413: 1353: 1003:. He noted that, after the memo was leaked, "the White House hung Judge Bybee out to dry." 4126: 3870: 3769: 3764: 3759: 2994: 2884: 2792: 2696: 2669: 2634: 2573: 2331:"Amnesty International: Waterboarding is Never Acceptable Regardless of the Circumstances" 2274: 1481: 1457: 1437: 1220: 1076: 984: 924: 920: 826:" (including waterboarding), which are now regarded as torture by the Justice Department, 627: 270:

The memorandum concludes with a narrow definition of torture, that its "severe pain" must

260: 187: 133: 92: 3326: 3023:"The Memo: How an Internal Effort to Ban the Abuse and Torture of Detainees was Thwarted" 3022: 2069: 1658:

Dark Side: The Inside Story of How the War on Terror Turned into a War on American Ideals

1168:

said, simply stated that conclusion and contained no legal analysis to support its claim.

159:

The term "torture memos" was originally used to refer to three documents prepared by the

1957:"Durbin, Feingold, Kennedy Demand Bush Withdraw Nominee For DOJ Office Of Legal Counsel" 461: 3789: 3726: 3716: 3027: 2824: 2820: 2397: 1906: 1577: 1471:

Response to Alberto Gonzales' Request for Views on Legality of Interrogation Techniques

1113: 973: 955: 846: 675: 596: 573: 111: 2962: 4276: 4101: 3983: 3885: 3721: 3617: 3476: 2924: 2920: 2605: 2459: 1961: 1840: 1286:"The Reach Of War: The Interrogations; Aides Say Memo Backed Coercion Already In Use" 1025: 962: 691: 590: 425: 387: 210:

testified before Congress that the CIA sought the 2002 opinion after having captured

122: 100: 96: 3563: 3478:

The Torture Report: What the Documents say about America's Post 9/11 Torture Program

3421: 3179: 2099: 2070:"Department of Justice Releases Nine Office of Legal Counsel Memoranda and Opinions" 4096: 3784: 2449: 1051: 908: 792: 527: 437: 412: 408: 395: 391: 211: 148: 3151: 1092:

for 30 years until her death in 2012, is quoted from a statement regarding Bybee:

4043: 3794: 3731: 2420:"Former member of UN Committee Against Torture: 'Yes, waterboarding is torture'" 1844: 1510:. United States, Department of State, Legal Advisor. Accessed September 4, 2009. 884: 3054:"Philip Zelikow: OLC Interpretation Would Allow Waterboarding of U.S. Citizens" 2251:"Obama Administration: No Prosecution of Officials for Bush-Era Torture Policy" 3840: 3830: 3018: 2388: 1652: 819: 773:

the Commander-in-Chief authority in the President." I disagree with that view.

682: 48: 2789:"DOJ Report on Bush Administration Interrogation Memos and Related Documents" 1688: 3147: 2485: 2283: 2176: 1410: 1391: 1000: 992: 531: 164: 64: 2288: 2199: 17: 4171: 4111: 3988: 3820: 3736: 3711: 3643: 3502: 3300: 3092: 3003: 2764:"Lessons from the Justice Department's report on the interrogation memos" 2705: 2203: 1229: 869: 565: 484: 472: 465: 353: 220: 215: 168: 60: 1431:

Memorandum for J. Rizzo... [Re:] Interrogation of al Qaeda Operative

1189:"The Reach of War; U.S. Said to Overstate Value of Guantánamo Detainees" 559:

March 14, 2003, Memo from Yoo to DoD re: Interrogation methods overseas

110:

scandal in Iraq, one of the memos was leaked to the press in June 2004.

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The Terror Presidency: Law and Judgement Inside the Bush Administration

749: 695: 535: 453:

specific (or criminal) intent required by the statute for the offense.

417: 3206:

Ehrenberg, John; McSherry, J.; Sanchez, Jose; Sayej, Caroleen (2010).

2610:"DOJ Report Says Yoo's Torture Memo Failed to Cite Supreme Court Case" 1071:

public better understand in retrospect the basis for his conclusions.

1017:

In October 2007, a former Master Instructor and Chief of Training for

259:

In the first section, the memorandum states that the statute requires

3558: 491:, and whether such actions could be the basis for prosecution in the 2998: 2700: 1988:"Election to Decide Future Interrogation Methods in Terrorism Cases" 1145:"Reaction to C.I.A. Torture Report – The One-Paragraph Torture Memo" 883:

However, in a memorandum dated January 5, 2010, to Attorney General

702:, striking a prisoner, exposure to extreme temperatures, and forced 231:

Standards of Conduct for Interrogation under 18 U.S.C. §§ 2340–2340A

39: 3087: 603:

before government service, he had previously been legal adviser to

3418:"Leahy Invites Bybee To Testify Before Senate Judiciary Committee" 999:, concluded in 2005 that the memo was tantamount to evidence of a 662: 460: 38: 1497:, United States, Department of State. Accessed September 4, 2009. 3706: 3696: 3586: 296:, which ratified the Convention, was different from that of the 3590: 2925:"The Sacrificial Yoo: Accounting for Torture in the OPR Report" 2279:"Eric Holder announces investigation based on Abu Ghraib model" 1047:

issued a non-binding recommendation against the investigation.

727:, as ratified by the United States in 1994. That year, the CIA 720:

days), including multiple techniques when used in combination.

182:

have been divulged. These include a December 2, 2002, internal

151:

on January 22, 2009, two days after he started his presidency.

4218:

Targeted Killings: Law and Morality in an Asymmetrical World

87:—mental and physical torment and coercion such as prolonged 2731:

Department of Justice Office of Professional Responsibility

2701:"A Torture Report Could Spell Big Trouble For Bush Lawyers" 2639:"A Torture Report Could Spell Big Trouble For Bush Lawyers" 1382:"LDS lawyers, psychologists had a hand in torture policies" 622:

When Goldsmith brought his decision to White House Counsel

1225:"A Top Pentagon Lawyer Faces a Senate Grilling On Torture" 2569:"Will a Spanish Judge Bring Bush-Era Figures to Justice?" 1014:, Bybee was confronted by around thirty-five protesters. 3508:, 2010, Official website, ACLU National Security Project 2424:

International Rehabilitation Council for Torture Victims

1849:"Interrogation Memos Detail Harsh Tactics by the C.I.A." 1006:

On March 9, 2006, after emerging from a closed talk at

995:, the former Nixon White House Counsel involved in the 987:

and former Assistant Secretary for Human Rights in the

369:

of the memo, prosecution would probably be impossible.

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Ghost plane: the true story of the CIA torture program

791:

Two days after taking office on January 20, President

1877:

Miller, Greg; Schmitt, Richard B. (October 6, 2007).

1625:"Definition of Torture Under 18 U.S.C. §§ 2340–2340A" 723:

The OLC said that the techniques did not violate the

3512:

Levi, William Ranney (2009). "Interrogation's Law".

1872: 1870: 1090:

United States Court of Appeals for the Ninth Circuit

607:, the General Counsel of the Department of Defense. 4084: 4036: 3961: 3909: 3902: 3813: 3752: 3745: 3669: 3662: 2665:"Partisan Passions Dominate Interrogation Hearings" 1812:"Justice Official Defends Rough CIA Interrogations" 1119:

Senate Intelligence Committee report on CIA torture

214:in 2002, who was then believed to be a significant 2363:"Open Letter to Attorney General Alberto Gonzales" 1736: 1734: 1700: 1698: 3383: 3381: 3352: 3350: 2825:"Justice Dept. Reveals More Missing E-Mail Files" 740:, as well as intervening legislation such as the 581:" and the Abu Ghraib torture and prisoner abuse. 378:self-defense for any acts that might be torture. 3249:"Freethinking Judge Brings Controversial Past". 2304:"Holder Tells Senators Waterboarding Is Torture" 1772: 1770: 1572: 1570: 1568: 475:, then Deputy Assistant Attorney General in the 3180:"Human Rights Groups Protest Law School Speech" 2600: 2598: 2596: 1284:Johnston, David; Risen, James (June 27, 2004). 942:, testified to the Senate Judiciary Committee, 938:, the former State Department legal adviser to 779: 770: 3390:"Official Defends Signing Interrogation Memos" 3359:"Amid Outcry on Memo, Signer's Private Regret" 1911:"Justice Nomination Seen as Snub to Democrats" 1043:. On April 17, 2009, Spain's Attorney General 729:destroyed the videotapes of the interrogations 538:soldiers were entitled to the legal status of 3602: 3265:"Spain may decide Guantanamo probe this week" 3142: 3140: 3138: 2929:Journal of National Security Law & Policy 8: 3210:. Oxford University Press. pp. 425–427. 1405: 1403: 1401: 4283:George W. Bush administration controversies 4177:North Korea and weapons of mass destruction 3296:"Spain: No torture probe of U.S. officials" 2691: 2689: 2687: 2534: 2532: 915:, strongly opposed the invalidation of the 495:. The letter is intended to supplement the 3906: 3749: 3666: 3609: 3595: 3587: 3081: 3079: 3047: 3045: 2200:"Obama Names Intel Picks; vows no torture" 868:reviewed the work of the principal author 568:. The legal opinion had been requested by 3445:"Jay Bybee silent on interrogation memos" 2541:"Jay Bybee Silent on Interrogation Memos" 875:Youngstown Sheet & Tube Co. v. Sawyer 245:United Nations Convention against Torture 3974:Insurgency in the Maghreb (2002–present) 2014:Steven G. Bradbury (September 3, 2009). 1615: 1613: 1310:Bybee, Jay; Yoo, John (August 1, 2002). 1215: 1213: 1211: 1010:sponsored by the student chapter of the 954:In June 2004, the memo was rescinded by 487:operatives would be in violation of the 223:, acknowledged the memo authorized the " 3682:Operation Enduring Freedom participants 2762:Smith, R. Jeffrey (February 28, 2010). 1344: 1342: 1340: 1338: 1336: 1334: 1135: 32:U.S. Army and CIA interrogation manuals 2725: 2723: 4308:Abu Ghraib torture and prisoner abuse 4211:Targeted Killing in International Law 4092:Abu Ghraib torture and prisoner abuse 3416:Sen. Patrick Leahy (April 29, 2009). 3086:Daniel Klaidman (September 8, 2007). 2975:from the original on December 2, 2018 2939:from the original on December 1, 2018 2901:from the original on December 1, 2018 2865:from the original on December 1, 2018 866:Office of Professional Responsibility 841:Office of Professional Responsibility 286:cruel, inhuman or degrading treatment 108:Abu Ghraib torture and prisoner abuse 7: 4257: 3223:"Waterboarding is Torture... Period" 3178:Bhayani, Paras D. (March 13, 2006). 1879:"CIA doesn't use torture, Bush says" 1777:Bradbury, Steven G. (May 30, 2005). 1741:Bradbury, Steven G. (May 10, 2005). 1705:Bradbury, Steven G. (May 10, 2005). 1143:Savage, Charlie (December 9, 2014). 585:OLC head Jack Goldsmith's withdrawal 386:Jay Bybee addressed a memorandum to 4298:United States Department of Justice 3221:Nance, Malcolm (October 31, 2007). 2742:United States Department of Justice 2426:. February 12, 2008. Archived from 2151:United States Department of Justice 2096:United States Department of Justice 2092:"Office of Legal Counsel Memoranda" 2074:United States Department of Justice 2036:Eviatar, Daphne (August 27, 2009). 2023:United States Department of Justice 1955:Khanna, Satyam (October 16, 2007). 1632:United States Department of Justice 1056:On April 19, 2009, an editorial in 457:Letter from Yoo to Alberto Gonzales 382:Interrogation of al Qaeda operative 81:United States Department of Defense 73:United States Department of Justice 2999:"Memos Reveal War Crimes Warnings" 2851:Luban, David (February 22, 2010). 2339:. February 5, 2009. Archived from 2115:"Hill Panel Reviewing CIA Tactics" 2113:Smith, R. Jeffrey (May 10, 2009). 1256:Coile, Zachary (January 7, 2005). 1064:impeachment from the federal bench 864:In 2009, the Justice Department's 83:, and the President on the use of 27:2002 US government legal memoranda 25: 4142:Enhanced interrogation techniques 3938:Georgia Sustainment and Stability 3826:al-Qaeda in the Arabian Peninsula 3531:The Missing Memos Special Project 3443:Carol J. Williams (May 1, 2009). 2503:Bell, Nicole (November 2, 2007). 2302:Stout, David (January 15, 2009). 2080:from the original on May 8, 2009. 824:enhanced interrogation techniques 225:enhanced interrogation techniques 85:enhanced interrogation techniques 4256: 4247: 4246: 4117:Combatant Status Review Tribunal 4066:President's Surveillance Program 4061:Military Commissions Act of 2009 4056:Military Commissions Act of 2006 4009:Insurgency in Khyber Pakhtunkhwa 3984:Moro conflict in the Philippines 3979:Insurgency in the North Caucasus 3388:Neil A. Lewis (April 29, 2009). 3271:. March 28, 2009. Archived from 3052:Eviatar, Daphne (May 13, 2009). 2172:"Executive Order: Interrogation" 1810:Eggen, Dan (February 17, 2008). 1380:Irvine, David (April 29, 2009). 979:In 2005, testimony to Congress, 852:David Luban, a law professor at 742:Military Commissions Act of 2006 601:University of Chicago Law School 294:George H. W. Bush administration 3933:Georgia Train and Equip Program 3420:(Press release). Archived from 3114:Robert Scheer (June 15, 2004). 2539:Williams, Carol (May 1, 2009). 1937:Mark Benjamin (March 9, 2010). 1493:Powell, C. (January 26, 2002). 1469:Yoo, John C. (August 1, 2002). 489:U.N. Convention Against Torture 468:, who drafted the Torture Memos 167:), and an untitled letter from 147:. The orders were rescinded by 4122:Criticism of the war on terror 4076:Terrorist Surveillance Program 3881:Islamic Movement of Uzbekistan 3634:War in Afghanistan (2001-2021) 3294:Haven, Paul (April 17, 2009). 2567:Abend, Lisa (March 31, 2009). 1354:"Conscience of a Conservative" 647:Revised opinion, December 2004 626:and Vice Presidential Counsel 564:This was five days before the 332:European Court of Human Rights 43:The January 9, 2002 memo draft 1: 4157:Guantanamo Bay detention camp 3800:Mahmoud Mohamed Ahmed Bahaziq 3581:Jon Yoo vs. Chip Pitts Debate 3537:Office of Legal Counsel Memos 3253:. October 3, 2007. p. 1. 2663:Ghosh, Bobby (May 13, 2009). 2227:"Bush Torture Memos Released" 2225:Stein, Sam (April 16, 2009). 1506:Taft, W. (February 2, 2002). 1484:. Accessed September 4, 2009. 1041:George W. Bush administration 787:President Obama's repudiation 335:implied by the word torture." 145:George W. Bush administration 30:For the torture manuals, see 4293:Torture in the United States 4132:Killing of Ayman al-Zawahiri 4024:al-Qaeda insurgency in Yemen 3357:Karl Vick (April 25, 2009). 3116:"Tout Torture, Get Promoted" 493:International Criminal Court 479:, addressed a memorandum to 4200:State Sponsors of Terrorism 4071:Protect America Act of 2007 3575:December 30, 2004, OLC memo 1939:"Waterboarding for dummies" 1779:"Memorandum for John Rizzo" 1743:"Memorandum for John Rizzo" 1707:"Memorandum for John Rizzo" 1359:The New York Times Magazine 989:Bill Clinton administration 786: 670:(2017), former head of the 612:Abu Ghraib prisoner scandal 610:In the spring of 2004, the 442:resistance to interrogation 77:Central Intelligence Agency 4324: 4137:Killing of Osama bin Laden 4014:War in Somalia (2006–2009) 3969:Operation Active Endeavour 3327:"The Torturers' Manifesto" 3058:The Washington Independent 1320:U.S. Department of Justice 1049: 725:Convention Against Torture 584: 106:Following accounts of the 29: 4242: 4004:Terrorism in Saudi Arabia 3953:Drone strikes in Pakistan 3846:Harkat-ul-Jihad al-Islami 3624: 3251:Los Angeles Daily Journal 2853:"David Margolis Is Wrong" 292:The understanding of the 4224:Unitary executive theory 1022:at the slightest whim." 961:In 2004, the journalist 237:Counsel to the President 4152:Extraordinary rendition 4147:Extrajudicial prisoners 3569:Full text of Bybee Memo 3559:Office of Legal Counsel 1586:New York City, New York 1547:Letter to the President 1324:Office of Legal Counsel 1263:San Francisco Chronicle 672:Office of Legal Counsel 477:Office of Legal Counsel 161:Office of Legal Counsel 116:Office of Legal Counsel 69:Office of Legal Counsel 4187:Operation Eagle Assist 4107:Clash of Civilizations 3654:Symbolism of terrorism 2247:Stephanopoulos, George 2043:Washington Independent 1986:(September 27, 2012). 1784:. ACLU. Archived from 1748:. ACLU. Archived from 1712:. ACLU. Archived from 1480:July 18, 2011, at the 1456:July 18, 2011, at the 1436:July 18, 2011, at the 1124:The Report (2019 film) 1099: 1074:In an April 25, 2009, 949: 890:On February 26, 2010, 784: 775: 756:Revised opinions, 2009 746:Detainee Treatment Act 744:and the December 2005 678: 640: 469: 44: 4182:Operation Noble Eagle 4019:2007 Lebanon conflict 3571:(2,671K pdf), Findlaw 3555:article, October 2005 3475:Siems, Larry (2012). 3021:(February 27, 2006). 2961:(February 24, 2010). 2887:(February 22, 2010). 2823:(February 26, 2010). 2699:(February 14, 2009). 2637:(February 14, 2009). 2608:(February 22, 2009). 2393:"Outsourcing Torture" 2391:(February 14, 2005). 1663:Garden City, New York 1623:(December 30, 2004). 1475:this alternative link 1352:(September 9, 2007). 1094: 1045:Cándido Conde-Pumpido 1030:Pepperdine University 1028:, a law professor at 944: 854:Georgetown Law School 828:Amnesty International 797:Executive Order 13491 666: 635: 617:The Terror Presidency 464: 298:Reagan administration 184:Department of Defense 42: 3999:Operation Linda Nchi 3943:OEF – Horn of Africa 3856:Islamic Courts Union 3805:Abu Bakr al-Baghdadi 3629:September 11 attacks 3549:"Redefining Torture" 3150:(January 14, 2005). 2343:on September 9, 2012 2142:(January 15, 2009). 1909:(January 24, 2008). 1545:J. Ashcroft (2002). 706:of up to 180 hours ( 340:Israel Supreme Court 192:Secretary of Defense 138:Secretary of Defense 3364:The Washington Post 3185:The Harvard Crimson 2963:"The Margolis Memo" 2768:The Washington Post 2517:on February 2, 2009 2277:(August 24, 2009). 2232:The Huffington Post 2140:Bradbury, Steven G. 2119:The Washington Post 1816:The Washington Post 1719:on November 6, 2011 1237:on January 15, 2012 974:Bush administration 196:Mohammed al-Qahtani 180:Bush administration 155:The "Torture Memos" 114:, then head of the 75:. They advised the 4303:Iraq War documents 4229:Unlawful combatant 4162:Iranian Revolution 3948:OEF – Trans Sahara 3923:War in Afghanistan 3780:Jalaluddin Haqqani 3775:Sirajuddin Haqqani 3701:Iraqi Armed Forces 3505:The Torture Report 3395:The New York Times 3332:The New York Times 3228:Small Wars Journal 2830:The New York Times 2464:St. Martin's Press 2367:Human Rights Watch 2309:The New York Times 2263:on April 21, 2009. 2249:(April 19, 2008). 2180:. January 22, 2009 2050:on August 29, 2009 1993:The New York Times 1916:The New York Times 1853:The New York Times 1847:(April 16, 2009). 1791:on August 12, 2011 1755:on August 12, 2011 1558:Bybee, J. (2002). 1532:Bybee, J. (2002). 1429:Bybee, J. (2002). 1419:. pp. 11, 15. 1290:The New York Times 1194:The New York Times 1185:Van Natta, Don Jr. 1150:The New York Times 1088:, a member of the 1068:The New York Times 1059:The New York Times 1012:Federalist Society 1008:Harvard Law School 917:Geneva Conventions 913:Secretary of State 892:The New York Times 832:Human Rights Watch 766:Steven G. Bradbury 737:Hamdan v. Rumsfeld 687:Steven G. Bradbury 679: 668:Steven G. Bradbury 659:Bradbury memoranda 470: 130:Steven G. Bradbury 59:) were drafted by 55:" (officially the 45: 4270: 4269: 4167:Islamic terrorism 4032: 4031: 3928:OEF – Philippines 3898: 3897: 3894: 3893: 3851:Hizbul Mujahideen 3692:Northern Alliance 3577:, Dept of Justice 3488:978-1-935928-55-3 3450:Los Angeles Times 3424:on April 29, 2009 3275:on April 26, 2009 3121:Los Angeles Times 2968:Harper's Magazine 2733:(July 29, 2009). 2614:The Public Record 2546:Los Angeles Times 2422:(Press release). 2291:on June 23, 2010. 2206:. January 9, 2009 2102:on April 8, 2009. 2076:. March 9, 2009. 1884:Los Angeles Times 1680:978-0-385-52639-5 1603:978-0-393-06550-3 1394:on March 1, 2012. 1387:Salt Lake Tribune 1223:(April 5, 2008). 1187:(June 21, 2004). 1157:on April 13, 2019 1108:No blood, no foul 997:Watergate scandal 981:Harold Hongju Koh 968:Los Angeles Times 936:Philip D. Zelikow 860:OPR investigation 818:Bybee signed the 777:and further that 704:sleep deprivation 570:William J. Haynes 544:Geneva Convention 422:sleep deprivation 89:sleep deprivation 16:(Redirected from 4315: 4260: 4259: 4250: 4249: 4205:Targeted killing 3994:Iraqi insurgency 3914:Enduring Freedom 3907: 3866:Jemaah Islamiyah 3861:Jaish-e-Mohammed 3750: 3667: 3611: 3604: 3597: 3588: 3527: 3515:Yale Law Journal 3492: 3462: 3461: 3459: 3457: 3440: 3434: 3433: 3431: 3429: 3413: 3407: 3406: 3404: 3402: 3385: 3376: 3375: 3373: 3371: 3354: 3345: 3344: 3342: 3340: 3335:. April 19, 2009 3323: 3317: 3316: 3314: 3312: 3306:Associated Press 3291: 3285: 3284: 3282: 3280: 3261: 3255: 3254: 3246: 3240: 3239: 3237: 3235: 3218: 3212: 3211: 3203: 3197: 3196: 3194: 3192: 3175: 3169: 3168: 3166: 3164: 3144: 3133: 3132: 3130: 3128: 3111: 3105: 3104: 3102: 3100: 3083: 3074: 3073: 3071: 3069: 3060:. Archived from 3049: 3040: 3039: 3037: 3035: 3015: 3009: 3008: 2997:(May 17, 2004). 2995:Isikoff, Michael 2991: 2985: 2984: 2982: 2980: 2955: 2949: 2948: 2946: 2944: 2917: 2911: 2910: 2908: 2906: 2885:Lithwick, Dahlia 2881: 2875: 2874: 2872: 2870: 2848: 2842: 2841: 2839: 2837: 2817: 2806: 2804: 2802: 2800: 2791:. Archived from 2785: 2779: 2778: 2776: 2774: 2759: 2753: 2752: 2750: 2748: 2739: 2727: 2718: 2717: 2715: 2713: 2697:Isikoff, Michael 2693: 2682: 2681: 2679: 2677: 2660: 2654: 2653: 2651: 2649: 2635:Isikoff, Michael 2631: 2625: 2624: 2622: 2620: 2602: 2591: 2590: 2588: 2586: 2581:on April 3, 2009 2577:. Archived from 2564: 2558: 2557: 2555: 2553: 2536: 2527: 2526: 2524: 2522: 2513:. Archived from 2510:Crooks and Liars 2500: 2494: 2493: 2446: 2440: 2439: 2437: 2435: 2416: 2410: 2409: 2407: 2405: 2385: 2379: 2378: 2376: 2374: 2359: 2353: 2352: 2350: 2348: 2327: 2321: 2320: 2318: 2316: 2299: 2293: 2292: 2287:. Archived from 2275:Greenwald, Glenn 2271: 2265: 2264: 2259:. Archived from 2243: 2237: 2236: 2222: 2216: 2215: 2213: 2211: 2196: 2190: 2189: 2187: 2185: 2168: 2162: 2161: 2159: 2157: 2148: 2136: 2130: 2129: 2127: 2125: 2110: 2104: 2103: 2098:. Archived from 2088: 2082: 2081: 2066: 2060: 2059: 2057: 2055: 2046:. Archived from 2033: 2027: 2026: 2020: 2011: 2005: 2004: 2002: 2000: 1980: 1974: 1973: 1971: 1969: 1952: 1946: 1945: 1934: 1928: 1927: 1925: 1923: 1905:Shenon, Philip; 1902: 1896: 1895: 1893: 1891: 1874: 1865: 1864: 1862: 1860: 1837: 1831: 1830: 1824: 1822: 1807: 1801: 1800: 1798: 1796: 1790: 1783: 1774: 1765: 1764: 1762: 1760: 1754: 1747: 1738: 1729: 1728: 1726: 1724: 1718: 1711: 1702: 1693: 1692: 1649: 1643: 1642: 1640: 1638: 1629: 1617: 1608: 1607: 1574: 1563: 1556: 1550: 1543: 1537: 1530: 1524: 1519:Yoo, J. (2002). 1517: 1511: 1504: 1498: 1491: 1485: 1467: 1461: 1447: 1441: 1427: 1421: 1420: 1418: 1407: 1396: 1395: 1390:. Archived from 1377: 1371: 1370: 1368: 1366: 1346: 1329: 1328: 1316: 1307: 1301: 1300: 1298: 1296: 1281: 1275: 1274: 1272: 1270: 1253: 1247: 1246: 1244: 1242: 1233:. Archived from 1221:Isikoff, Michael 1217: 1206: 1205: 1203: 1201: 1177: 1171: 1170: 1164: 1162: 1153:. Archived from 1140: 940:Condoleezza Rice 820:legal memorandum 719: 718: 714: 711: 700:stress positions 624:Alberto Gonzales 540:prisoners of war 481:Alberto Gonzales 338:A case from the 208:Alberto Gonzales 200:invasion of Iraq 173:Alberto Gonzales 120:Attorney General 93:stress positions 21: 4323: 4322: 4318: 4317: 4316: 4314: 4313: 4312: 4273: 4272: 4271: 4266: 4238: 4127:CIA black sites 4080: 4028: 3957: 3912: 3890: 3871:Lashkar-e-Taiba 3809: 3770:Anwar al-Awlaki 3765:Hamza bin Laden 3760:Osama bin Laden 3741: 3658: 3620: 3615: 3511: 3499: 3489: 3474: 3471: 3469:Further reading 3466: 3465: 3455: 3453: 3442: 3441: 3437: 3427: 3425: 3415: 3414: 3410: 3400: 3398: 3387: 3386: 3379: 3369: 3367: 3356: 3355: 3348: 3338: 3336: 3325: 3324: 3320: 3310: 3308: 3293: 3292: 3288: 3278: 3276: 3263: 3262: 3258: 3248: 3247: 3243: 3233: 3231: 3220: 3219: 3215: 3208:The Iraq Papers 3205: 3204: 3200: 3190: 3188: 3177: 3176: 3172: 3162: 3160: 3146: 3145: 3136: 3126: 3124: 3113: 3112: 3108: 3098: 3096: 3085: 3084: 3077: 3067: 3065: 3064:on May 26, 2009 3051: 3050: 3043: 3033: 3031: 3017: 3016: 3012: 2993: 2992: 2988: 2978: 2976: 2957: 2956: 2952: 2942: 2940: 2919: 2918: 2914: 2904: 2902: 2883: 2882: 2878: 2868: 2866: 2850: 2849: 2845: 2835: 2833: 2821:Lichtblau, Eric 2819: 2818: 2809: 2798: 2796: 2787: 2786: 2782: 2772: 2770: 2761: 2760: 2756: 2746: 2744: 2737: 2729: 2728: 2721: 2711: 2709: 2695: 2694: 2685: 2675: 2673: 2662: 2661: 2657: 2647: 2645: 2633: 2632: 2628: 2618: 2616: 2604: 2603: 2594: 2584: 2582: 2566: 2565: 2561: 2551: 2549: 2538: 2537: 2530: 2520: 2518: 2502: 2501: 2497: 2478: 2448: 2447: 2443: 2433: 2431: 2418: 2417: 2413: 2403: 2401: 2387: 2386: 2382: 2372: 2370: 2369:. April 5, 2006 2361: 2360: 2356: 2346: 2344: 2329: 2328: 2324: 2314: 2312: 2301: 2300: 2296: 2273: 2272: 2268: 2245: 2244: 2240: 2224: 2223: 2219: 2209: 2207: 2198: 2197: 2193: 2183: 2181: 2170: 2169: 2165: 2155: 2153: 2146: 2138: 2137: 2133: 2123: 2121: 2112: 2111: 2107: 2090: 2089: 2085: 2068: 2067: 2063: 2053: 2051: 2035: 2034: 2030: 2018: 2013: 2012: 2008: 1998: 1996: 1984:Savage, Charlie 1982: 1981: 1977: 1967: 1965: 1954: 1953: 1949: 1936: 1935: 1931: 1921: 1919: 1907:Lichtblau, Eric 1904: 1903: 1899: 1889: 1887: 1876: 1875: 1868: 1858: 1856: 1839: 1838: 1834: 1820: 1818: 1809: 1808: 1804: 1794: 1792: 1788: 1781: 1776: 1775: 1768: 1758: 1756: 1752: 1745: 1740: 1739: 1732: 1722: 1720: 1716: 1709: 1704: 1703: 1696: 1681: 1651: 1650: 1646: 1636: 1634: 1627: 1619: 1618: 1611: 1604: 1578:Goldsmith, Jack 1576: 1575: 1566: 1557: 1553: 1544: 1540: 1531: 1527: 1518: 1514: 1505: 1501: 1492: 1488: 1482:Wayback Machine 1468: 1464: 1458:Wayback Machine 1448: 1444: 1438:Wayback Machine 1428: 1424: 1416: 1409: 1408: 1399: 1379: 1378: 1374: 1364: 1362: 1348: 1347: 1332: 1314: 1309: 1308: 1304: 1294: 1292: 1283: 1282: 1278: 1268: 1266: 1255: 1254: 1250: 1240: 1238: 1219: 1218: 1209: 1199: 1197: 1179: 1178: 1174: 1160: 1158: 1142: 1141: 1137: 1132: 1104: 1077:Washington Post 1054: 1037:Baltasar Garzón 1035:In March 2009, 985:Yale Law School 925:General Counsel 905: 897:Patrick Philbin 862: 836:Baltasar Garzón 816: 789: 758: 716: 712: 709: 707: 661: 649: 628:David Addington 587: 561: 552: 524: 515: 506: 459: 450: 434: 405: 384: 375: 366: 349: 323: 314: 281: 261:specific intent 253: 233: 188:Donald Rumsfeld 186:memo signed by 157: 134:Donald Rumsfeld 47:A set of legal 35: 28: 23: 22: 15: 12: 11: 5: 4321: 4319: 4311: 4310: 4305: 4300: 4295: 4290: 4285: 4275: 4274: 4268: 4267: 4265: 4264: 4254: 4243: 4240: 4239: 4237: 4236: 4231: 4226: 4221: 4214: 4207: 4202: 4197: 4193:Situation Room 4189: 4184: 4179: 4174: 4169: 4164: 4159: 4154: 4149: 4144: 4139: 4134: 4129: 4124: 4119: 4114: 4109: 4104: 4099: 4094: 4088: 4086: 4082: 4081: 4079: 4078: 4073: 4068: 4063: 4058: 4053: 4047: 4040: 4038: 4034: 4033: 4030: 4029: 4027: 4026: 4021: 4016: 4011: 4006: 4001: 3996: 3991: 3986: 3981: 3976: 3971: 3965: 3963: 3959: 3958: 3956: 3955: 3950: 3945: 3940: 3935: 3930: 3925: 3919: 3917: 3904: 3900: 3899: 3896: 3895: 3892: 3891: 3889: 3888: 3883: 3878: 3873: 3868: 3863: 3858: 3853: 3848: 3843: 3838: 3833: 3828: 3823: 3817: 3815: 3811: 3810: 3808: 3807: 3802: 3797: 3792: 3790:Khalil Haqqani 3787: 3782: 3777: 3772: 3767: 3762: 3756: 3754: 3747: 3743: 3742: 3740: 3739: 3734: 3729: 3727:European Union 3724: 3719: 3717:United Kingdom 3714: 3709: 3704: 3694: 3689: 3684: 3679: 3673: 3671: 3664: 3660: 3659: 3657: 3656: 3651: 3641: 3631: 3625: 3622: 3621: 3616: 3614: 3613: 3606: 3599: 3591: 3585: 3584: 3578: 3572: 3566: 3561: 3556: 3546: 3540: 3534: 3528: 3509: 3498: 3497:External links 3495: 3494: 3493: 3487: 3470: 3467: 3464: 3463: 3435: 3408: 3377: 3346: 3318: 3286: 3256: 3241: 3213: 3198: 3170: 3134: 3106: 3075: 3041: 3028:The New Yorker 3010: 2986: 2950: 2921:Cole, David D. 2912: 2876: 2843: 2807: 2795:on May 8, 2010 2780: 2754: 2719: 2683: 2655: 2626: 2606:Leopold, Jason 2592: 2559: 2528: 2495: 2476: 2441: 2430:on May 2, 2009 2411: 2398:The New Yorker 2380: 2354: 2322: 2294: 2266: 2238: 2217: 2191: 2163: 2131: 2105: 2083: 2061: 2028: 2006: 1975: 1947: 1929: 1897: 1866: 1832: 1802: 1766: 1730: 1694: 1679: 1644: 1609: 1602: 1564: 1551: 1538: 1525: 1512: 1499: 1486: 1462: 1442: 1422: 1397: 1372: 1350:Rosen, Jeffrey 1330: 1302: 1276: 1248: 1207: 1172: 1134: 1133: 1131: 1128: 1127: 1126: 1121: 1116: 1114:Panetta Review 1111: 1103: 1100: 1086:Betty Fletcher 1050:Main article: 983:, dean of the 956:Jack Goldsmith 904: 901: 861: 858: 847:Jack Goldsmith 822:that defined " 815: 812: 788: 785: 757: 754: 676:George W. Bush 660: 657: 648: 645: 605:William Haynes 597:Jack Goldsmith 586: 583: 579:Guantánamo Bay 574:Jack Goldsmith 560: 557: 551: 548: 523: 520: 514: 511: 505: 502: 458: 455: 449: 446: 433: 430: 404: 401: 383: 380: 374: 371: 365: 362: 348: 345: 344: 343: 336: 330:A case in the 322: 319: 313: 310: 280: 277: 252: 249: 232: 229: 156: 153: 112:Jack Goldsmith 67:, head of the 51:known as the " 26: 24: 14: 13: 10: 9: 6: 4: 3: 2: 4320: 4309: 4306: 4304: 4301: 4299: 4296: 4294: 4291: 4289: 4286: 4284: 4281: 4280: 4278: 4263: 4255: 4253: 4245: 4244: 4241: 4235: 4232: 4230: 4227: 4225: 4222: 4220: 4219: 4215: 4213: 4212: 4208: 4206: 4203: 4201: 4198: 4196: 4194: 4190: 4188: 4185: 4183: 4180: 4178: 4175: 4173: 4170: 4168: 4165: 4163: 4160: 4158: 4155: 4153: 4150: 4148: 4145: 4143: 4140: 4138: 4135: 4133: 4130: 4128: 4125: 4123: 4120: 4118: 4115: 4113: 4110: 4108: 4105: 4103: 4102:Bush Doctrine 4100: 4098: 4095: 4093: 4090: 4089: 4087: 4083: 4077: 4074: 4072: 4069: 4067: 4064: 4062: 4059: 4057: 4054: 4051: 4050:Torture Memos 4048: 4045: 4042: 4041: 4039: 4035: 4025: 4022: 4020: 4017: 4015: 4012: 4010: 4007: 4005: 4002: 4000: 3997: 3995: 3992: 3990: 3987: 3985: 3982: 3980: 3977: 3975: 3972: 3970: 3967: 3966: 3964: 3960: 3954: 3951: 3949: 3946: 3944: 3941: 3939: 3936: 3934: 3931: 3929: 3926: 3924: 3921: 3920: 3918: 3916: 3915: 3908: 3905: 3901: 3887: 3886:Islamic State 3884: 3882: 3879: 3877: 3874: 3872: 3869: 3867: 3864: 3862: 3859: 3857: 3854: 3852: 3849: 3847: 3844: 3842: 3839: 3837: 3834: 3832: 3829: 3827: 3824: 3822: 3819: 3818: 3816: 3812: 3806: 3803: 3801: 3798: 3796: 3793: 3791: 3788: 3786: 3783: 3781: 3778: 3776: 3773: 3771: 3768: 3766: 3763: 3761: 3758: 3757: 3755: 3751: 3748: 3744: 3738: 3735: 3733: 3730: 3728: 3725: 3723: 3722:United States 3720: 3718: 3715: 3713: 3710: 3708: 3705: 3702: 3698: 3695: 3693: 3690: 3688: 3685: 3683: 3680: 3678: 3675: 3674: 3672: 3668: 3665: 3661: 3655: 3652: 3649: 3646:(2003–2011) ( 3645: 3642: 3639: 3635: 3632: 3630: 3627: 3626: 3623: 3619: 3618:War on terror 3612: 3607: 3605: 3600: 3598: 3593: 3592: 3589: 3582: 3579: 3576: 3573: 3570: 3567: 3565: 3562: 3560: 3557: 3554: 3553:PBS Frontline 3550: 3547: 3544: 3541: 3538: 3535: 3532: 3529: 3525: 3521: 3517: 3516: 3510: 3507: 3506: 3501: 3500: 3496: 3490: 3484: 3480: 3479: 3473: 3472: 3468: 3452: 3451: 3446: 3439: 3436: 3423: 3419: 3412: 3409: 3397: 3396: 3391: 3384: 3382: 3378: 3366: 3365: 3360: 3353: 3351: 3347: 3334: 3333: 3328: 3322: 3319: 3307: 3303: 3302: 3297: 3290: 3287: 3274: 3270: 3266: 3260: 3257: 3252: 3245: 3242: 3230: 3229: 3224: 3217: 3214: 3209: 3202: 3199: 3187: 3186: 3181: 3174: 3171: 3159: 3158: 3153: 3149: 3148:Dean, John W. 3143: 3141: 3139: 3135: 3123: 3122: 3117: 3110: 3107: 3095: 3094: 3089: 3082: 3080: 3076: 3063: 3059: 3055: 3048: 3046: 3042: 3030: 3029: 3024: 3020: 3014: 3011: 3006: 3005: 3000: 2996: 2990: 2987: 2974: 2970: 2969: 2964: 2960: 2959:Horton, Scott 2954: 2951: 2938: 2934: 2930: 2926: 2922: 2916: 2913: 2900: 2896: 2895: 2890: 2886: 2880: 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2062: 2049: 2045: 2044: 2039: 2032: 2029: 2024: 2017: 2010: 2007: 1995: 1994: 1989: 1985: 1979: 1976: 1964: 1963: 1962:ThinkProgress 1958: 1951: 1948: 1944: 1940: 1933: 1930: 1918: 1917: 1912: 1908: 1901: 1898: 1886: 1885: 1880: 1873: 1871: 1867: 1855: 1854: 1850: 1846: 1842: 1841:Mark Mazzetti 1836: 1833: 1829: 1817: 1813: 1806: 1803: 1787: 1780: 1773: 1771: 1767: 1751: 1744: 1737: 1735: 1731: 1715: 1708: 1701: 1699: 1695: 1690: 1686: 1682: 1676: 1672: 1668: 1664: 1660: 1659: 1654: 1648: 1645: 1633: 1626: 1622: 1621:Levin, Daniel 1616: 1614: 1610: 1605: 1599: 1595: 1591: 1587: 1583: 1579: 1573: 1571: 1569: 1565: 1561: 1555: 1552: 1548: 1542: 1539: 1535: 1529: 1526: 1522: 1516: 1513: 1509: 1503: 1500: 1496: 1490: 1487: 1483: 1479: 1476: 1472: 1466: 1463: 1459: 1455: 1452: 1446: 1443: 1439: 1435: 1432: 1426: 1423: 1415: 1412: 1411:Bybee, Jay S. 1406: 1404: 1402: 1398: 1393: 1389: 1388: 1383: 1376: 1373: 1361: 1360: 1355: 1351: 1345: 1343: 1341: 1339: 1337: 1335: 1331: 1326: 1325: 1321: 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608: 606: 602: 598: 594: 592: 582: 580: 575: 571: 567: 558: 556: 549: 547: 545: 541: 537: 533: 529: 521: 519: 512: 510: 503: 501: 498: 494: 490: 486: 482: 478: 474: 467: 463: 456: 454: 447: 445: 443: 439: 431: 429: 427: 426:waterboarding 423: 419: 414: 410: 402: 400: 397: 393: 389: 388:John A. 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