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

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He called the memo “deeply flawed” and “sloppily reasoned”. It seemed to me that the OLC interpretation of U.

Torture Memos

Retrieved 21 April 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”.

Those missing e-mail messages came during a period when two of the critical interrogation memos were being prepared. Jack Goldsmithwho succeeded Bybee as head of the Office bybwe Legal Counsel, withdrew the torture memos weeks before resigning in June Intestimony to Congress, Harold Hongju Kohdean of the Yale Law School and former Assistant Secretary for Human Rights in the Bill Clinton administrationcalled the 1 August memo “perhaps the most clearly erroneous legal opinion I have ever read”, which “grossly overreads the president’s constitutional power”.


Part two of this memorandum goes into great detail how the techniques described in part one will be applied in Abu Zubaydah ‘s case. Retrieved July 31, Archived from the original on May 2, International Rehabilitation Council for Torture Victims. Retrieved 24 May Reuben Clark Law School J. Views Read Edit View history. Retrieved April 21, It provides case law supporting its position of nybee executive branch to conduct war.

Archived from the original PDF on 6 June Department of JusticeOffice of Legal Counsel.

Try it and you’ll see. Following three years of private practice in Washington, D.

Jay Bybee – Wikipedia

Bradburyruling on the legality of the authorized techniques if agents followed certain constraints. How could this have happened? He was at work on the problem when the scandal and troture leak of the memo precipitated the final decision. The notion that grand jury testimony should be secret dates back to at least the seventeenth century.

During Kesser’s trial inthe prosecutor had eliminated three American Indian jurors and one Asian juror for racial reasons.

The rules governing disclosure of grand jury proceedings are set by the Federal Rules of Criminal Procedure; prior to the PATRIOT Act, those rules declared that grand jury information could be shared only under certain circumstances, such as when the material was necessary to assist a prosecutor.

Another Tortured Memo from Jay Bybee | Brennan Center for Justice

InPhilip D. Cambragranting habeas corpus to the defendant by a vote. However, in Augustthe Justice Department announced that those who had exceeded approved “techniques” might face prosecution. 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 unknown individuals.


In searching for a reference to the term in jau U.

Of course, the problem of the ‘rogue prosecutor’ is not limited to questions about the interrogation of al Qaeda operatives, but is a potential risk for any number of actions that have been undertaken during the Afghanistan campaign Part three summarizes various techniques within the case law to outline the kind of conduct that the courts have previously found to be torture. 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.

That year, the CIA destroyed the videotapes of the interrogations.

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