When we talk today of the “torture memos,” most of us think about the later memoranda, like the infamous “Bybee Memo” of August 1, Another Tortured Memo from Jay Bybee. Nine years after he left his post as Director of the Office of Legal Counsel (OLC) in the George W. Bush. The Bybee Memo Memorandum for Alberto R. Gonzales We conclude that for an act to constitute torture as defined in Section , it must inflict pain that is .

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In Julyafter a five-year inquiry, the Office of Professional Responsibility released a report, later modified by the Justice Department, saying Jay Bybee and his deputy John Yoo committed “professional misconduct” [28] by providing legal advice that was in possible violation of international and federal laws on torture.

Those facts, according to the top secret memorandum, are that Abu Zubaydah was being held by the United States, and that, “[t]he interrogation team is certain that he has additional information that he refuses to divulge” regarding terrorist groups in the U.

Or put another way, a defendant has committed torture when he intentionally inflicts severe physical pain or suffering with the specific intent of causing prolonged mental harm. First, the TVPA definition contains an illustrative list of purposes for which such pain toorture have been inflicted.

Douglas Kmiec, bbybee law professor at Pepperdine Universityhas stated that ultimately the memo “caused no long-term legal damage because it was redrafted and is not legally binding”.

That request was routed to the OLC by the White House General Counsel Alberto Gonzaleswho desired the “ability to quickly obtain information from captured terrorists and their sponsors. As we have previously noted, the “division of treaty-making responsibility between the Senate and the President is essentially the reverse of the division of law-making authority, with the President being the draftsman of the treaty and the Senate holding the authority to grant or deny approval.

In other projects Wikimedia Commons. He resigned he said, for several reasons but the main one was that, as a result of withdrawing the Torture Memos, “important people inside the administration had emmo to question my They blindfolded her again, stripped her, and raped her repeatedly.

And, of course, the grant bybre war toture includes all that is necessary and proper for carrying those powers into execution.


Bybee Memo, A Roadmap to Torture

This can last for one day or even one month. His primary research interests are in constitutional and administrative law.

The increasing certainty of an attack will also satisfy the imminence requirement. Additional elements of the necessity defense are gorture noting here. Pending interrogation, the prisoner is kept in a room with a loud and continuous hissing noise. It also emphasizes that the individual inflicting such pain must have “specific intention to inflict severe pain or suffering”.

Once an attorney for the government has shared grand jury information with anyone — the president, torturd of his close bybe, or any bybeee federal official whose duties are listed above — the person receiving the information can share it with anyone else without reporting to the court.

All of these steps would show that he has drawn on the relevant body of knowledge concerning the result proscribed that [by] the statute, namely prolonged mental harm. Retrieved July 30, Some authorities, such as the Model Penal Code, even eliminate the reasonability element, and require only that the defender honestly believed — regardless of its unreasonableness — that the use of force was necessary.

In Los Angeles County v. Like Mehinovic, Muhamed Bicic was beaten repeatedly with blunt objects, to the point of loss of consciousness. In that hypothetical, the GSS has arrested a suspect holds information about the location of a bomb and the time at which it is set to explode. On some occasions he was tied up and hung against windows during beatings. Or, put in the language of a choice of evils, “the evil involved in violating the terms of torturs criminal law Department of Justice, where he served until March 13,during the early years of the war on terror.

Retrieved 1 March While the letter states torturre is little substantive difference between the definition of torture in the text of the statute or reservation and in the Convention, most of the material in this part of the memo is dedicated to explaining why the reservation to the Convention is valid and cannot be overturned.

Such an effect might be seen in a drug-induced dementia. For the next seven months, he was imprisoned in a hot, unlit cell that measured 2. In so doing, CAT makes clear that torture is at the farthest end of impermissible actions, tortuge that it is distinct and separate from the lower level of “cruel, inhuman, or degrading treatment or punishment.


Thus, the adjective “severe” conveys that the pain or suffering must be of such a high level of intensity that the pain is difficult for the subject to endure. Bybee graduated magna cum laude with a Bachelor of Arts degree from Brigham Young University [2] inmajoring in Economics.

Webarchive template wayback links All articles with dead external links Articles with dead external links from January Articles with permanently dead external links CS1 maint: These statutes suggest that “severe pain,” as used in Sectionmust rise to a similarly high level — the level that would ordinarily be associated with a sufficiently serious physical condition or injury such as death, organ failure, or serious impairment of body functions — in order to constitute torture.

The guards interrogated her and regardless of the answers she gave to their questions, they burned her with cigarettes. Because of this approach, it is difficult to take a specific act out of context and conclude that the act in isolation would constitute torture.

As one former CIA official, once a senior official for the directorate of operations, told me: Legislative History The legislative history of Sections A is scant. The ratification history further substantiates this interpretation.

Additionally, such severe mental pain can arise only from the predicate acts listed in Section It is striking, therefore, that even after his investigation, the CIA continued to use these techniques, it continued to add new and harsher ones, and it sought to expand their use.

Unlike Sectionthis definition includes a list of purposes for which such pain and suffering is inflicted. Other detainees were forced to stand spread eagle while an interrogator kicked them tortuee on the inside of the legs. With respect to sections Standards of Conduct for Interrogation under 18 U.

A memo on torture to John Yoo

Also at this alternative link Archived at the Wayback Machine. The War with Al Qaeda At the outset, we should make clear the nature of the threat presently posed to the nation.

That authority is at its height in the middle of a war. The threat of an impending terrorist attack threatens the lives of hundreds if not thousands of American citizens.