Among the reasons Yoo's memo has been controversial is that the Foreign Intelligence Surveillance Act, enacted inset up a secret court — before which only government lawyers appear — with power to grant, or reject, government applications for warrants to electronically eavesdrop on Americans' communications in this country.
Crucially, Heller points out what I noted above: Without any due process, transparency or oversight, there is no way to know who is a "senior al-Qaida leader" and who is posing an "imminent threat" to Americans. In the spring ofthe Abu Ghraib prisoner scandal broke into the news, and in Junethe Bybee memo was leaked to the press.
With the separation of powers, Yoo has argued that each branch of government has the authority to interpret the Constitution for itself, which provides the justification for judicial review by the federal courts.
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 of his answers, to help the public better understand in retrospect the basis for his conclusions. That year, the CIA destroyed the videotapes of the interrogations.
The memo summarizes the terrorist threat from al Qaedaincluding the September 11 attacks, and states that interrogation of al Qaeda operatives led to the stopping of Jose Padilla 's planned attack.
The memorandum states that it appears that the suspect has grown accustomed to their interrogation techniques, and refers to the threat of a possible attack in the United States by unknown individuals. Yoo was acting head of OLC for several months.
I have not talked to other judges about his memo on torture, but to me it seems completely out of character and inexplicable that he would have signed such a document. Yet it is every bit as chilling as the Bush OLC torture memos in how its clinical, legalistic tone completely sanitizes the radical and dangerous power it purports to authorize.
As Digby wrote about Bush officials who pointed to the OLC memos it got its lawyers to issue about torture and eavesdropping, such a practice amounts to: After examining the definition provided in various dictionaries, it concludes that "pain" is synonymous with "suffering" "it is difficult to conceive of such suffering that would not involve severe physical pain"and, selecting among the many definitions, the memo proposes that severe pain must be difficult to endure some definitions quoted in the memo define severe pain as "inflicting discomfort".
On May 2,the Ninth Circuit Court of Appeals held that Yoo had qualified immunity at the time of his memos —because certain issues had not then been settled legally by the U.
But this rhetorical tactic is totally misleading. A case in the European Court of Human Rights that found that wall standing, hooding, subjection to noise, sleep deprivation, and deprivation of food and drink, used in combination for a long period fall into the category of inhuman treatment, but not torture, since "they did not occasion suffering of the particular intensity and cruelty implied by the word torture.
Constitutional Law in this area was strained and indefensible. It then applies the U. 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 opinions that had not been superseded or withdrawn.
Continuing to summarize the facts, the memorandum summarizes the characteristics of the professionals present during the proposed interrogation techniques, and summarizes those coercive methods. He has also contributed chapters to other books, including: The memo provided legal authorization and OLC approval for a more limited set of actions for use when interrogating high-value detainees.
The letter explains section 's definition of "severe mental pain or suffering", and reminds the reader of the need for "prolonged mental harm". Yoo was acting head of OLC for several months. A professor at the University of Chicago Law School before government service, he had previously been legal adviser to William Haynesthe General Counsel of the Department of Defense.
The President, like all officers of the Government, is not above the law. I certainly didn't think they were unlawful, but I couldn't get an opinion that they were lawful either. I could not imagine any federal court in America agreeing that the entire CIA program could be conducted and it would not violate the American Constitution.
Of course, the problem of the 'rogue prosecutor' is not limited to questions about the interrogation of al Qaeda operatives, but is a potential risk for any number of actions that have been undertaken during the Afghanistan campaign He then criticized Democrats in Congress for not suing Clinton as they had sued presidents Bush and Reagan to stop the use of force abroad.
The memorandum describes in detail each of the techniques proposed as generally used, including attention grasp, wallingfacial holdinsult slap, cramped confinement large and small and with and without an insectwall standingstress positions, sleep deprivation, and waterboarding. Jan 09, · The memo was written by Robert E.
Murray, a longtime Trump supporter who donated $, to the president’s michaelferrisjr.com it, Mr. Murray. Washington, D.C., February 10, - The National Security Archive today posted the widely-debated, but previously unavailable, January 25,memo from counterterrorism coordinator Richard Clarke to national security advisor Condoleezza Rice - the first terrorism strategy paper of the Bush administration.
The document was central to. The Bush administration has never argued publicly that the Fourth Amendment does not apply to military operations within the nation's borders.
The memo released yesterday publicizes this argument for the first time. The ACLU has been aware of the Justice Department's October memo since last year, but until now, its contents were unknown.
A former lawyer in the George W. Bush White House on Friday criticized President Trump Donald John Trump Brennan defends Kaepernick: He didn't kneel 'to disrespect our flag' Trump warns Syria.
The Bush Administration Homicides. The Justice Department may not be prosecuting the torture-memo writers, but John Sifton asks, what about those who killed an estimated detainees during.
John Choon Yoo (born July 10, ) is a Korean-American attorney, law professor, and michaelferrisjr.com is currently the Emanuel S. Heller Professor of Law at the University of California, Berkeley. Previously, he served as the Deputy Assistant U.S. Attorney General in the Office of Legal Counsel, Department of Justice (OLC), during the George W.
Bush administration.Memo bush administration