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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Following three years of private practice in Washington, D. The memo discusses the Convention Against Torture which the memo calls the “Torture Convention” and concludes that the convention makes a distinction between torture and “cruel, inhuman, or degrading treatment or punishment”, and that therefore torture is “only the most extreme acts”, which the memo concludes, together with the ratifying reservations of the United States, confirms the interpretation of torture found in part one.
It also concludes that “actions taken as part of the interrogation On March 9,after emerging from a closed talk at Harvard Law School sponsored by the student chapter of the Federalist SocietyBybee was confronted by around thirty-five protesters.
The memo goes much further, however.
Intestimony to Congress, Harold Hongju Kohdean of the Yale Law School and former Assistant Secretary jemo 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”. The memo further argues that even if the ICC were to mejo jurisdiction, “interrogation of an al Qaeda operative could not constitute a crime under the Rome Gorture, since it would not involve the “widespread and systematic attack directed against any civilian population” and would not be considered a war crime.
Bybee spent one year as law clerk to Judge Donald S. The August 1,memo has been widely criticized, including within the Bush administration.
Torture Memos – Wikipedia
I certainly didn’t think they were unlawful, but I couldn’t get an opinion that they were lawful either. New York City, New York: Zelikow alleged that Bush administration officials not only ignored his memos on the subject, but attempted to destroy them. This interpretation of the Geneva Convention was sent in memos, despite objections by attorneys and the Secretary of the Department of State,   on January 9, January 22, February 1, and again on February 7, His family subsequently moved to NashvilleTennesseethen LouisvilleKentucky.
Constitutional Law in this area was strained and indefensible.
As one former CIA official, once a senior official for the directorate of operations, told me: The statement to the contrary from the August 1,memorandum, quoted above, has been withdrawn and superseded, along with the entirety of the memorandum, and in any event I do not find that statement persuasive. While the letter states there is little substantive difference between the definition of torture in the text of the statute or jag 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.
Reflecting afterward on the Torture Memos as a cautionary tale, Goldsmith wrote in his memoir:. With Robert Beezer, Bybee issued the majority decision that the schools’ admissions policy constitutes “unlawful race discrimination. Richard Kesser had been convicted of hiring a hit man to kill his former wife and was sentenced to life without parole. Bradburyruling on the legality of the authorized techniques if agents followed certain constraints.
Retrieved April 17, Retrieved 28 January The Man Behind Waterboarding”. Inthe Justice Department’s Office of Professional Responsibility reviewed the work of the principal author John Yoonow a law professor at the University of California, Berkeley; and signatory Jay Bybee, now a federal judge, to determine whether the advice given “was consistent with the professional standards mfmo apply to Department of Justice attorneys”.
Jay Bybee – Wikipedia
Those missing e-mail messages came during a period when two of the critical interrogation memos were being prepared.
In addressing reports of his regrets, he said in the same article that he would have done some things differently, such as clarifying and sharpening the analysis of some ja his answers, to help msmo public better understand in retrospect the basis for his conclusions.
His memos said the 10 earlier opinions “should not be treated as authoritative for any purpose” and further explained that some of the underlying opinions had been withdrawn or superseded and that “caution should be exercised” by the Executive Branch “before relying in other respects” on the other torfure that had not been superseded or withdrawn.
Jack Goldsmithwho succeeded Bybee as head of the Office of Legal Counsel, withdrew the torture memos weeks before resigning in June In that case, James Smith sought to meko a case heard in federal court which he bybe previously brought in a tribal court.
It states that the purpose of these methods will be to “convince Zubaydah that the only way he can influence his surrounding environment is through cooperation”.
The FBI uses the information to open an assessment of the activists and to put the grand jury witness under physical surveillance as a prelude to pressuring him to become an FBI informant. It discusses the background of Zubaydah and the possible mental effects from such abuse, the background of the consultant to be assisting, and the details of the proposed coercive actions.
Bybee was confirmed inmore than a year before news of his role in the torture memos was revealed. Retrieved October 19, Archived from the original PDF on November 6, Yesterday evening, however, Scott’s sufferings became too great, and he took his own life.
On August 29,Bybee, who previously wrote the dissent in a three-judge panel’s ruling, authored the majority opinion that found Sheriff Joe Arpaio and special prosecutor Dennis Wilenchik were not entitled to governmental immunity.
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. These authorized ” enhanced interrogation techniques ” that were used in the systematic torture of detainees at Guantanamo Bay detention camp beginning in and byvee the Abu Ghraib facility tirture the United States’ invasion of Iraq in