Alberto Gonzales Files - The Torture Papers - The Road to Abu Grahib
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8/14/2019 Alberto Gonzales Files - The Torture Papers - The Road to Abu Grahib
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THE TORTURE PAPERS
The Torture Papers consists of the so-called torture memos and reports that the U.S. gov-
ernment officials wrote to authorize and to document coercive interrogation and torture
in Afghanistan, Guantanamo, and Abu Ghraib. This volume of documents presents for thefirst time a compilation of materials that prior to publication have existed only piecemeal
in the public domain. The Bush Administration, concerned about the legality of harsh
interrogation techniques, understood the desirability of establishing a legally viable argu-
ment to justify such procedures. The memos and reports in this volume document the
systematic attempt of the U.S. government to authorize the way for torture techniques and
coercive interrogation practices, forbidden under international law, with the concurrent
express intent of evading liability in the aftermath of any discovery of these practices and
policies.
Karen J. Greenberg is the Executive Director of the Center on Law and Security at the NewYork University School of Law, and editor of the NYU Review of Law & Security.
Joshua L. Dratel is President of the New York State Association of Criminal Defense
Lawyers and serves on the Board of Directors of the National Association of Criminal
Defense Lawyers and is lead defense counsel for David Hicks, an Australian detainee at
Guantanamo.
www.cambridge.org Cambridge University Press
Cambridge University Press0521853249 - The Torture Papers: The Road to Abu GhraibEdited by Karen J. Greenberg and Joshua L. DratelFrontmatterMore information
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The Torture Papers
THE ROAD TO ABU GHRAIB
Edited by
Karen J. Greenberg
Joshua L. Dratel
Introduction by Anthony Lewis
www.cambridge.org Cambridge University Press
Cambridge University Press0521853249 - The Torture Papers: The Road to Abu GhraibEdited by Karen J. Greenberg and Joshua L. DratelFrontmatterMore information
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Edited and compiled by
Karen J. Greenberg
Joshua L. Dratel, P.C.
With special thanks to the entire staff of The Center on
Law and Security
Any views expressed in the introductory matter in this volume are solely those
of the authors and do not reflect the views or opinions of any institution or
organization.
CAMBRIDGE UNIVERSITY PRESS
Cambridge, New York, Melbourne, Madrid, Cape Town, Singapore, Sao Paulo
Cambridge University Press
40 West 20th Street, New York, NY 10011-4211, USA
www.cambridge.org
Information on this title: www.cambridge.org/9780521853248
C Karen J. Greenberg and Joshua L. Dratel 2005
This book is in copyright. Subject to statutory exception
and to the provisions of relevant collective licensing agreements,
no reproduction of any part may take place without
the written permission of Cambridge University Press.
First published 2005
Printed in the United States of America
A catalog record for this publication is available from the British Library.
ISBN-13 978-0-521-85324-8 hardback
ISBN-10 0-521-85324-9 hardback
Cambridge University Press has no responsibility for
the persistence or accuracy of URLs for external or
third-party Internet Web sites referred to in this bookand does not guarantee that any content on such
Web sites is, or will remain, accurate or appropriate.
www.cambridge.org Cambridge University Press
Cambridge University Press0521853249 - The Torture Papers: The Road to Abu GhraibEdited by Karen J. Greenberg and Joshua L. DratelFrontmatterMore information
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Contents
Acknowledgments xi
Introduction: Anthony Lewis xiii
From Fear to Torture: Karen J. Greenberg xvii
The Legal Narrative: Joshua L. Dratel xxi
Timeline xxv
Missing Documents xxix
Biographical Sketches xxxi
Memoranda
Memo 1. September 25, 2001
To: Timothy Flanigan, Deputy Counsel to the President
From: John Yoo, Deputy Assistant Attorney General, U.S. Department of
Justice, Office of Legal Counsel
Re: Memorandum Opinion for the Deputy Counsel to the President 3
Memo 2. November 13, 2001
Military Order of November 13, 2001 issued by President George
W. Bush 25
Memo 3. December 28, 2001
To: William J. Haynes II, General Counsel, Department of Defense
From: Patrick F. Philbin, Deputy Assistant Attorney General and John Yoo,
Deputy Assistant Attorney General, U.S. Department of Justice, Office
of Legal Counsel
Re: Possible Habeas Jurisdiction over Aliens Held in Guantanamo Bay,
Cuba 29
Memo 4. January 9, 2002
To: William J. Haynes II, General Counsel, Department of DefenseFrom: John Yoo, Deputy Assistant Attorney General, U.S. Department of
Justice, Office of Legal Counsel and Robert J. Delahunty, Special
Counsel, U.S. Department of Justice
Re: Application of Treaties and Laws to al Qaeda and Taliban Detainees 38
Memo 5. January 19, 2002
To: Chairman of the Joint Chiefs of Staff
From: Donald Rumsfeld, Secretary of Defense
Re: Status of Taliban and al Qaeda 80
v
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vi
Memo 6. January 22, 2002
To: Alberto R. Gonzales, Counsel to the President, and William J. Haynes,
General Counsel, Department of Defense
From: Jay S. Bybee, Assistant Attorney General, U.S. Department of Justice
Re: Application of Treaties and Laws to al Qaeda and Taliban Detainees 81
Memo 7. January 25, 2002
To: President Bush
From: Alberto R. Gonzales, Counsel to the PresidentRe: Decision Re Application of the Geneva Convention on Prisoners of
War to the Conflict with al Qaeda and the Taliban 118
Memo 8. January 26, 2002
To: Counsel to the President, Assistant to the President for National Security
Affairs
From: Colin L. Powell, U.S. Department of State
Re: Draft Decision Memorandum for the President on the Applicability
of the Geneva Convention to the Conflict in Afghanistan 122
Memo 9. February 1, 2002
To: President BushFrom: John Ashcroft, Attorney General
Re: Justice Departments position on why the Geneva Convention did not
apply to al Qaeda and Taliban detainees 126
Memo 10. February 2, 2002
To: Counsel to the President
From: William H. Taft IV Legal Advisor, U.S. Department of State
Re: Comments on Your Paper on the Geneva Convention 129
Memo 11. February 7, 2002
To: The Vice President, The Secretary of State, The Secretary of Defense, The
Attorney General, Chief of Staff to the President, Director of CIA,
Assistant to the President for National Security Affairs, Chairman of the
Joint Chiefs of Staff
From: George W. Bush
Re: Humane Treatment of al Qaeda and Taliban Detainees 134
Memo 12. February 7, 2002
To: Alberto R. Gonzales, Counsel to the President
From: Jay B. Bybee, Assistant Attorney General, U.S. Department of Justice
Re: Status of Taliban Forces Under Article 4 of the Third Geneva
Convention of 1949 136
Memo 13. February 26, 2002
To: William J. Haynes II, General Counsel, Department of Defense
From: Jay S. Bybee, Assistant Attorney General, U.S. Department of Justice
Re: Potential Legal Constraints Applicable to Interrogations of Persons
Captured by U.S. Armed Forces in Afghanistan 144
Memo 14. August 1, 2002
To: Alberto R. Gonzales, Counsel to the President
From: Jay S. Bybee, Assistant Attorney General, U.S. Department of Justice
Re: Standards of Conduct for Interrogation under 18 U.S.C.
2340-2340A 172
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Contents vii
Memo 15. August 1, 2002
To: Alberto R. Gonzales, Counsel to the President
From: John Yoo, Deputy Assistant Attorney General, U.S. Department of
Justice, Office of Legal Counsel
