The Wall Street Journal offers more from the When-will-this-buck-ever-stop department: Bush administration lawyers contended last year that the president wasn't bound by laws prohibiting torture and that government agents who might torture prisoners at his direction couldn't be prosecuted by the Justice Department. The advice was part of a classified report on interrogation methods prepared for Defense Secretary Donald Rumsfeld after commanders at Guantanamo Bay, Cuba, complained in late 2002 that with conventional methods they weren't getting enough information from prisoners. The report outlined U.S. laws and international treaties forbidding torture, and why those restrictions might be overcome by national-security considerations or legal technicalities. In a March 6, 2003, draft of the report reviewed by The Wall Street Journal, passages were deleted as was an attachment listing specific interrogation techniques and whether Mr. Rumsfeld himself or other officials must grant permission before they could be used. The complete draft document was classified "secret" by Mr. Rumsfeld and scheduled for declassification in 2013. . . The president, despite domestic and international laws constraining the use of torture, has the authority as commander in chief to approve almost any physical or psychological actions during interrogation, up to and including torture, the report argued. Civilian or military personnel accused of torture or other war crimes have several potential defenses, including the "necessity" of using such methods to extract information to head off an attack, or "superior orders," sometimes known as the Nuremberg defense: namely that the accused was acting pursuant to an order and, as the Nuremberg tribunal put it, no "moral choice was in fact possible."... You read that right. The Nuremberg defense.
6/08/2004
About Me
- Name: Josh Eidelson
- Location: Sacramento, California, United States
Josh Eidelson received his Bachelor's and Master's Degrees in Political Science from Yale University, where he helped lead the Undergraduate Organizing Committee. He has written about local and national politics as an opinion columnist for the Yale DailyNews, a research fellow for Talking Points Media, and a contributor to CampusProgress.org. Views expressed here are solely his own. Contact: "jeidelson" at "gmail" dot com.
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