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 .

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Yoo writes ttorture, in his opinion, “[t]he United States’ campaign against al Qaeda is an attack on a non-state terrorist organization, not a civilian population. Third, many legal authorities include the requirement that a defender must reasonably believe that the unlawful violence is “imminent” before he can use force in his defense.

Waterboarding is Never Acceptable Regardless of the Circumstances”.

Torture Memos

These decisions only reinforce our view that there is a clear distinction between the two standards and that only extreme conduct, resulting in pain that is of an intensity often accompanying serious physical injury, will violate the latter.

As this Part will discuss, other Western nations have generally used a high standard in determining whether interrogation techniques violate the international prohibition on torture.

Richard Kesser had been convicted of hiring a hit man to kill his former wife and was sentenced to life without parole. Assumed office March 21, How could OLC have written opinions that, when revealed to the world weeks after the Abu Ghraib scandal broke, made it seem as though the administration was giving official sanction to torture, and brought such dishonor on the United States, the Bush administration, the Department of Justice, and the CIA?

With Robert Beezer, Bybee issued the majority decision that the schools’ admissions policy constitutes “unlawful race discrimination. Summary The text of CAT confirms our conclusion that Section A was intended to proscribe only the most egregious conduct. If a defendant honestly but unreasonably believed force was necessary, he will not be able to make out a successful claim of self-defense.


We reject this interpretation because the terms of Section 2 expressly indicate that the qualifying phrase applies to both “other procedures” and the “application of mind-altering substances. Further, even if we were to read the infliction of severe physical suffering as distinct from severe physical pain, it is difficult to conceive of such suffering that would not involve severe physical pain.

Second, the byhee likely it appears to be that a terrorist attack is likely to occur, and the greater the amount of damage expected from such an attack, the more that an interrogation to get information would become necessary.

The district court did not attempt to delineate the meaning of torture. Cambragranting habeas corpus to the defendant by a vote.

A memo on torture to John Yoo | Vincent Iacopino | Opinion | The Guardian

The memorandum states that, on the basis of the conclusions reached in part one, “there was little difference between these two understandings and Bybee has also written more than 20 law review articles, notes, comments, and book chapters. Written by Jay C. The War with Al Qaeda At the outset, we should make clear the nature of the threat presently posed to the nation. InBybee was voted Professor of the Year.

Within the limits that the Constitution itself imposes, the scope and distribution of the powers bybeee protect national security must be construed to authorize the most efficacious defense of the nation and its its interests in accordance “with the realistic purposes of the entire instrument. This conclusion was acknowledged by the United Nations Security Council on September 28,when it unanimously adopted Resolution explicitly “reaffirming nemo inherent right of individual and collective self-defence [Continued on Page 46] as recognized by the charter of the United Nations.


A defender may justifiably use deadly force if he reasonably believes that the other person is about to inflict unlawful death or serious bodily harm upon another, and that it is necessary to use such force to prevent it.

Republic of Iraq, F. Gonzales stated that the President could invoke his authority as Commander-in-Chief to conclude that a law was unconstitutional and refuse to comply with it.

Archived from the original PDF on August 12, In the spring ofthe Abu Ghraib prisoner scandal broke into the news, and in Junethe Bybee memo was leaked to the press. Such detainees “have a label in the law of war conventions” — “civilian,” or “protected person” under the Fourth Convention — even if they are suspected security threats or “unlawful combatants. One plaintiff was placed in the “djak” position, i. It also states that the statute requires “prolonged mental harm” to accompany mental or physical pain, and that “prolonged” means a duration of months or years.

Try it and you’ll see. Hadzialijagic went into cardiac arrest just after this incident bubee was saved by one of the other plaintiffs. The fact that Yoo togture Bybee raised the thresholds for physical and mental pain of torture without any provisions to assess possible evidence of torture suggests criminal negligence and possibly the intent to commit and conceal a systematic policy of torture. As the memo quotes from the definition of torture in the Convention Against Torture, it compares that definition to the one found in the U.