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 .
|Published (Last):||27 August 2007|
|PDF File Size:||8.66 Mb|
|ePub File Size:||13.21 Mb|
|Price:||Free* [*Free Regsitration Required]|
The attackers then doused the vehicle with gasoline.
Another Tortured Memo from Jay Bybee | Brennan Center for Justice
As such, we have not addressed the elements of “outside the United States,” “color of law,” and “custody or control. Although there is no federal statute that generally establishes necessity or other justifications as defenses to federal criminal laws, the Supreme Court has recognized the defense.
His family subsequently moved to NashvilleTennesseethen LouisvilleKentucky. The Reagan administration included the following understanding: The California Penal Code not only makes torture itself an offense, see Cal.
He is a moderate conservative, very bright and always attentive to the record and the applicable law. When he disagreed with the tribal court’s decision, he claimed that it had had no jurisdiction in the first place.
If the statute had required only general intent, it would be sufficient to establish guilt by showing that the defendant “possessed knowledge with respect to the actus reus of the crime.
The August 1,memorandum reasoned that “[a]ny effort by Congress to regulate the interrogation of battlefield combatants would violate the Constitution’s sole vesting of the Commander-in-Chief authority in the President.
The court reached this conclusion based on the distinction the European Convention drew between torture and cruel, inhuman, or degrading treatment or punishment.
Air traffic and communications within the United States were disrupted; national stock exchanges were shut for several days; and damage from the attack has been estimated to run into the tens of billions of dollars. Bush administration, which ratified the Convention, was different from that of the Reagan administration. These authorized ” enhanced interrogation techniques ” that were used in the systematic torture of detainees at Guantanamo Bay detention camp beginning in and at the Abu Ghraib facility following the United States’ invasion of Iraq in Severe mental pain requires suffering not just at the moment of infliction but it also requires lasting psychological harm, such as seen in mental disorders like posttraumatic stress disorder.
Part six of the memo is titled “Defenses” and concludes that “under yorture current circumstances, necessity or self-defense may justify interrogation methods that might violate Section A. Self-Defense Even if a court were to find that a violation of Section A was not justified by necessity, a defendant could still appropriately raise a claim of self-defense.
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: Rizzo requested a legal tortude on detainee interrogation.
If intelligence and other information support the conclusion that an attack is increasingly certain, then the necessity for the interrogation will be reasonable. On February 26, mejo, The New York Times reported that the Justice Department had revealed that numerous e-mail files were missing in relation to the decisions of that period and had not been available to the OPR investigation.
The Court held that the sentence was grossly disproportionate to the crime. In Eastman Kodak v. Inttorture 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 that apply to Department of Justice attorneys”.
Letter to the President. Those missing e-mail messages came during a period when two of the critical interrogation memos were being prepared. They caused thousands of deaths. Archived from the original on January 15, The court also found that the plaintiffs established the existence of prolonged mental harm as each plaintiff “continues to suffer long-term psychological harm as a result of [their] ordeals. Under the present circumstances, therefore, even though a detained enemy combatant may not be the exact attacker — he is not planting the bomb, or piloting a hijacked plane to kill civilians — he still may be harmed in self-defense if he has knowledge of future attacks because he has assisted in their planning and execution.
He was also subjected to Russian roulette. It appears to us that under the current circumstances the necessity defense could be successfully maintained in response to an allegation of a Section A violation. The dictionary defines “severe” as “[u]nsparing in exaction, punishment, or censure” or “[I]nflicting discomfort or pain hard to endure; sharp; afflictive; distressing; violent; extreme; as severe pain, anguish, torture.
The Bybee memo includes the following conclusions:. Second, the TVPA includes the phrase “arising only from or inherent in, or incidental to lawful sanctions”; by contrast, Section refers only to pain or suffering “incidental to lawful sanctions,” Id.
Even the negotiating history displays a recognition that torture is a step far-removed from other cruel, inhuman or degrading treatment or punishment. To be sure, such a conclusion was unnecessary because even if the acts amounted only to cruel and inhuman treatment the GSS lacked authority to use the five methods.
On September 11,Bjbee wrote the majority opinion in Kesser v. He was at work on the problem when the scandal and the leak of the memo precipitated the final decision. Almost all of the cases involve physical torture, some of which is of an especially cruel and even sadistic nature. On April 19,an editorial in The New York Times said that Bybee is “unfit for a job that requires legal judgment and a respect for the Constitution” and called for Bybee’s impeachment from the federal bench.
The European Court of Human Rights has construed this phrase broadly, even assessing whether such treatment has occurred from the subjective stand point of the victim.
Estate of Marcos, F. Susan Graber issued a partial dissent. Executive branch representations made to the Senate confirm that the Bush administration maintained the view that torture encompassed only the most extreme acts. We conclude that for bybe act to constitute torture as defined in Sectionit must inflict pain that is difficult to endure. Continuing to summarize the facts, the memorandum summarizes the characteristics of the professionals present during the proposed interrogation techniques, and summarizes those coercive methods.
Interrogation of an Al Qaeda Operative 1 August Bybbee the massive destruction and loss of life caused by the September 11 attacks, it is reasonable to believe that information gained from al Qaeda personnel could prevent attacks of a similar if not greater magnitude from occurring in the United States. As the Supreme Court explained in the context of murder, “the Gonzales whether it was legally permissible for US personnel to engage in “cruel, inhuman or degrading treatment,” stripping the prohibition on torture of much meaning as applied to non-citizens detained outside of the United States.
Ultimately, even deadly force is permissible, but “only when the attack of the adversary upon the other person reasonably appears to the defender to be a deadly attack. Under the Geneva Conventions, an individual must receive a hearing to determine his or her status, after which the individual may be detained and, depending on his or her status, interrogated.
The situation in which these issues arise is unprecedented in recent American history.