Alberto Gonzales Files - The Torture Papers - The Road to Abu Grahib

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Transcript of 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

    http://www.cambridge.org/http://www.cambridge.org/http://www.cambridge.org/0521853249http://www.cambridge.org/http://www.cambridge.org/http://www.cambridge.org/0521853249
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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

    http://www.cambridge.org/http://www.cambridge.org/http://www.cambridge.org/0521853249http://www.cambridge.org/http://www.cambridge.org/http://www.cambridge.org/0521853249
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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

    http://www.cambridge.org/http://www.cambridge.org/http://www.cambridge.org/0521853249http://www.cambridge.org/http://www.cambridge.org/http://www.cambridge.org/0521853249
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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

    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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    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

    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 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