Argument

"I was aware of the program, certainly, and involved in helping get the process cleared, as the agency in effect came in and wanted to know what they could and couldn't do. And they talked to me, as well as others, to explain what they wanted to do. And I supported it." -- -- Dick Cheney, Vice-President USA, in an interview with ABC News in response to the question: "Did you authorize the tactics that were used against Khalid Sheikh Mohammed?" >>

"For the first time in its history, the United States sanctioned government officials to physically and psychologically torment US-held captives, making torture the official law of the land in all but name." -- Jane Mayer writes in her book, The Dark Side >>

The Justice Department and National Security Council reportedly approved waterboarding and other "alternative" interrogation techniques in June 2002. "It was a policy decision that came down from the White House." -- John Kiriakou, former CIA agent who participated in interrogations of terror suspects, in a CNN interview >>

A delegation of the Bush-administration’s most senior lawyers arrived at Guantánamo Bay.
The group included the president’s lawyer, Alberto Gonzales, who had by then received the Yoo-Bybee Memo; Vice President Cheney’s lawyer, David Addington, who had contributed to the writing of that memo; the C.I.A.’s John Rizzo, who had asked for a Justice Department sign-off on individual techniques, including waterboarding, and received the second (and still secret) Yoo-Bybee Memo; and Jim Haynes, Donald Rumsfeld’s counsel. >>

The Yoo-Bybee Memo 'redefnes' torture
A legal opinion of the Justice Department gave Central Intelligence Agency broad authority to use extreme methods in questioning detainees. This legal opinion was written by two lawyers in the Justice Department’s Office of Legal Counsel: Jay Bybee and John C. Yoo (who at the time was the second-ranking official at the Office of Legal Counsel at the Justice Department) The memo was addressed to Alberto Gonzales. The Yoo-Bybee Memo declared that physical torture occurred only when the pain was “equivalent in intensity to the pain accompanying serious physical injury, such as organ failure, impairment of bodily function, or even death,” and that mental torture required “suffering not just at the moment of infliction but … lasting psychological harm.” Interrogations that did not reach these thresholds—far less stringent than those set by international law—were allowed. Nothing in the memo suggested that its use was limited to the C.I.A.; it referred broadly to “the conduct of interrogations outside of the United States.” Later it would become known that Yoo and Bybee were assisted in the drafting by David Addington, then the vice president’s lawyer. >>

John Yoo is Bush's deputy assistant attorney general. >>

The memo of John C. Yoo, second-ranking official at the Office of Legal Counsel at the United States Justice Department, written to William J. Haynes II, the Pentagon’s general counsel, is rescinded by the Justice Department >>

In a sweeping legal brief, a detailed 81-page opinion written by John C. Yoo, who at the time was the second-ranking official at the Office of Legal Counsel at the Justice Department, The Justice Department gave military interrogators broad authority to use extreme methods in questioning detainees and argued that wartime powers largely exempted interrogators from laws banning harsh treatment. >>

The Haynes Memo, approved 15 aggressive interrogation techniques
In the USA, William J. (Jim) Haynes II, the general counsel of the U.S. Department of Defense, wrote an “action memo” to his boss, Donald Rumsfeld. Haynes recommended that Rumsfeld give “blanket approval” to 15 out of 18 proposed techniques of aggressive interrogation. >>

“The victim must experience intense pain or suffering of the kind that is equivalent to the pain that would be associated with serious physical injury so severe that death, organ failure or permanent damage resulting in a loss of significant body functions will likely result.” -- John C. Yoo, second-ranking official at the Office of Legal Counsel at the United States Justice Department, in a memorandum written to William J. Haynes II, the Pentagon’s general counsel >>

The Phifer Memo with list of 18 new interrogation techniques
The list was set out in a three-page memorandum from Lieutenant Colonel Jerald Phifer, addressed to Dunlavey. The Phifer Memo identified the problem: “current guidelines” prohibited the use of “physical or mental torture, threats, insults, or exposure to inhumane treatment as a means of or aid to interrogation.” The list of new interrogation techniques turned its back on this tradition. The 18 techniques were divided into three categories and came with only rudimentary guidance. >>

In the USA, Alberto Gonzales put his name to a memo to president Bush supporting Haynes and Donald Rumsfeld over Colin Powell and Taft. This memo, which is believed to have been written by Addington, presented a “new paradigm” and described Geneva’s “strict limitations on questioning of enemy prisoners” as “obsolete.” >>

In the USA, John Yoo and Robert Delahunty, at the Justice Department, prepared an opinion for Haynes. They concluded that the president wasn’t bound by traditional international-law prohibitions. >>

Rumsfeld signs the Haynes Memo
In the USA, Donald Rumsfeld signed his name firmly next to the word “Approved” the Haynes Memo. Under his signature he also scrawled a few words that refer to the length of time a detainee can be forced to stand during interrogation: “I stand for 8–10 hours a day. Why is standing limited to 4 hours?” >>

President Bush signed a memorandum that turned Guantánamo into a Geneva-free zone
In the USA, president Bush determined, in accordance with established legal principles, that none of the detainees at Guantánamo could rely on any of the protections granted by Geneva, even Common Article 3. As a matter of policy, the detainees would be handled humanely, but only to the extent appropriate and consistent with military necessity. >>

President Bush signed a controversial executive order on the treatment of suspects detained by the CIA which did not outlaw the agency's use of "enhanced interrogation techniques" such as water-boarding. >>

Geneva provided incentives to play by the rules; those who chose not to follow the rules shouldn’t be allowed to rely on them, or else the whole Geneva structure would collapse. The only way to protect Geneva, in other words, was sometimes to limit its scope. To uphold Geneva’s protections, you might have to cast them aside. -- Douglas Feith wrote an article in The National Interest, setting out his basic view on the Geneva Convention >>

Memo from CIA to OLC
Contains "communications from the CIA to OLC on a matter in which the CIA requested legal advice from OLC" and shows that CIA interrogators were told that the Justice Department had concluded that certain interrogation techniques, "including the waterboard," did not violate the torture statute. The document also indicates that CIA interrogators were told to take into account the possibility that their actions would ultimately be subject to judicial review. >>

Memo from CIA to OLC Contains "communications from the CIA to OLC on a matter in which the CIA requested legal advice from OLC" and shows that CIA interrogators were permitted to use both "Standard Techniques" and "Enhanced Interrogation Techniques" and that in each CIA interrogation session in which an Enhanced Technique was employed, a "contemporaneous record" was created setting forth, among other things, "the nature and duration of each such technique employed" and "the identities of those present." >>

Memo Dated August 1, 2002, from OLC to CIA; signed by Jay Bybee Memo "advising the CIA regarding interrogation methods it may use against al Qaeda members," and includes information "regarding potential interrogation methods and the context in which their use was contemplated." The document also discusses "alternative interrogation methods," a phrase that was echoed by President Bush in a September 2006 speech promoting the Military Commissions Act. Though heavily redacted, the document shows that the Justice Department authorized alternative interrogation methods after concluding that "those carrying out these procedures would not have the specific intent to inflict severe physical pain or suffering" or "to cause severe mental pain or suffering." The memo explains: "Prolonged mental harm is substantial mental harm of sustained duration, e.g. harm lasting months or even years after the acts were inflicted upon the prisoner." The memo also includes this sentence: "Your review of the literature uncovered no empirical data on the use of these procedures, with the exception [redacted]." >>

"On the question of so-called torture, we don't do torture. We never have. It's not something that this administration subscribes to. Again, we proceeded very cautiously. We checked. We had the Justice Department issue the requisite opinions in order to know where the bright lines were that you could not cross. The professionals involved in that program were very, very cautious, very careful -- wouldn't do anything without making certain it was authorized and that it was legal. And any suggestion to the contrary is just wrong." -- Dick Cheney, Vice-President USA, in an interview with ABC News >>

No nation in the world takes human rights more seriously than the United States. The policies of our country comply with our law, which prohibits torture. -- Dick Cheney, USA Vice President, Remarks on the 90th National Convention of the American Legion >>

The CIA program involves tough customers and tough interrogations -- but it is entirely legal and proper. The procedures are designed to be safe in full compliance with this nation's laws and treaty obligations. They've been carefully reviewed by the Department of Justice. The program is run by highly trained professionals who understand their obligations under the law. -- Dick Cheney, USA Vice President, Remarks on the 90th National Convention of the American Legion >>

We expect all who serve America to conduct themselves with honor. And we enforce the rules. -- Dick Cheney, USA Vice President, Remarks on the 90th National Convention of the American Legion >>

Some years ago, abuses were committed at Abu Ghraib prison -- conduct that was not authorized and that did violate the law. When those abuses came to light, Americans were rightly outraged. Those who violated the law were arrested, prosecuted and punished, as justice demanded. -- Dick Cheney, USA Vice President, Remarks on the 90th National Convention of the American Legion >>

The USA Torture Policy was initiated from ground-level requests in Guantánamo Bay for broader more flexible interrogation techniques. >>

From Guantánamo Bay, Dunlavey sent his request for approval of new interrogation techniques, together with Diane Beaver’s legal memo, to General James T. Hill (Tom Hill), the commander of U.S. Southern Command (SouthCom). >>

Diane Beaver writes legal memo, “Legal Review of Aggressive Interrogation Techniques”
Lieutenant Colonel Diane Beaver, the staff judge advocate at Guantánamo, prepared a legal memo which sought to provide legal authority for all the interrogation techniques at Guantanamo Bay. >>

According to experts >>

“These photographs demonstrate that the abuse of prisoners held in U.S. custody abroad was not aberrational and not confined to Abu Ghraib, but the result of policies adopted by high-ranking officials. Their release is critical for bringing an end to the administration’s torture policies and for deterring further prisoner abuse.” -- Amrit Singh, ACLU staff attorney, after a federal appeals court ordered the Bush administration to hand over photos depicting abuse of prisoners held by the US military in Iraq and Afghanistan >>