Wednesday, June 09, 2004


Yahoo! News - Memo Says Bush Not Restricted by Torture Bans
WASHINGTON (Reuters) - President Bush, as commander-in-chief, is not restricted by U.S. and international laws barring torture, Bush administration lawyers stated in a March 2003 memorandum.

The 56-page memo to Defense Secretary Donald Rumsfeld cited the president's "complete authority over the conduct of war," overriding international treaties such as a global treaty banning torture, the Geneva Conventions and a U.S. federal law against torture.

Media reports of the memos prompted a fierce exchange in a congressional hearing, at which Attorney General John Ashcroft refused to release the documents while Democrats accused the Bush administration of undermining prohibitions on use of torture.

"Contempt of Congress" was the phrase being bandied about.

The March 2003 memo was written by a "working group" of civilian and military lawyers named by the Pentagon's general counsel.

The memo labeled as unconstitutional any laws "that seek to prevent the president from gaining the intelligence he believes necessary to prevent attacks upon the United States."

The memo recommended a presidential directive from Bush allowing for exercise of this power by "subordinates," although it remained unknown whether Bush ever signed such a document.

"It shows us that there were senior people in the Bush administration who were seriously contemplating the use of torture, and trying to figure out whether there were any legal loopholes that might allow them to commit criminal acts," said Tom Malinowski of Human Rights Watch.

Joe Biden ripped Ashcroft a new one, and he was right. This practice will put Americans in danger, and we no longer have the "moral highground". (If we ever did in the first place)