Tuesday, January 11, 2005

The "new" torture memo

When I posted about the new and improved Justice Department memo on torture, I had not read it. Still haven't. But, I have since read this Tapped article.

Excerpt:
With this in mind, it becomes clear that perhaps the most important part of the new Levin Opinion is footnote 8, which reads: “While we have identified various disagreements with the August 2002 Memorandum, we have reviewed this Office's prior opinions addressing issues involving treatment of detainees and do not believe that any of their conclusions would be different under the standards set forth in this memorandum." In other words, despite its admirable and considerable repudiation of the 2002 OLC Opinion, the new OLC Opinion does not in any significant way affect what the CIA has already been specifically authorized to do.

[...]

Thus, for example, the President's February 7, 2002 "humane treatment" directive was carefully worded to apply only to the Armed Forces—not to the CIA. Similarly, in recent months the Senate has twice voted to prohibit the CIA, and all U.S. personnel, from engaging in cruel, inhuman and degrading treatment—but on each occasion, the Administration has resisted, and that language has been stripped from the bills in conference (even after the 9/11 Commission recommended it). Note, as well, that in yesterday's hearing Judge Gonzales was very careful to qualify his statement that “[it] has always been the case that everyone should be treated — that the military would treat detainees humanely, consistent with the president's February order.” ...

As long as it's legal, eh?

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