Terror memos authorized harsh interrogation techniques
Obama releases four secret memos detailing detainee treatment under Bush. Human rights groups slam his promise not to prosecute intelligence officials.
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The memos were pried out of government secrecy as a result of a Freedom of Information Act lawsuit filed by the American Civil Liberties Union (ACLU). Had the administration not released the memos voluntarily, a judge would probably have ordered it to do so, analysts say.Skip to next paragraph
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ACLU lawyers said they were pleased the documents were released, but criticized the president's decision not to prosecute. "Enforcing the nation's laws should not be a political decision," said ACLU executive director Anthony Romero. "These memos provide yet more incontrovertible evidence that Bush administration officials at the highest level of government authorized and gave legal blessing to acts of torture that violate domestic and international law," he says.
In addition to waterboarding, the 2002 Bybee memo authorized slapping, pushing, confinement in a small, dark space, painful stress positions, and sleep deprivation for up to 11 days. It also approved a request to lock Abu Zubaydah in a confinement box with an insect.
The memo says: "You have informed us that he appears to have a fear of insects. In particular, you would like to tell Abu Zubaydah that you intend to place a stinging insect into the box with him."
Bybee says the plan would be to trick Abu Zubaydah into thinking he was about to be stung. "You have orally informed us that you would in fact place a harmless insect, such as a caterpillar, in the box with him," Bybee wrote.
"Through these memos, Justice Department lawyers authorized interrogators to use the most barbaric interrogation methods, including methods that the US once prosecuted as war crimes," Jameel Jaffer, director of the ACLU's National Security Project, said in a statement."
The president and attorney general emphasized that US officials who acted reasonably and relied on the legal advice in the memos would not be charged and face a criminal trial for torture.
Attorney General Holder said he'd informed the CIA that the government would provide legal representation, at no cost to government officials, in any legal proceeding concerning illegal interrogation methods. The pledge extends to international and foreign tribunals, Holder said.
The government would also indemnify any employee for any money damages ordered paid to torture or abuse victims and would provide representation in any congressional investigation.
"It would be unfair to prosecute dedicated men and women working to protect America for conduct that was sanctioned in advance by the Justice Department," Holder said.
Amnesty International executive director Larry Cox criticized the administration's decision not to prosecute. "The Department of Justice appears to be offering a get-out-of-jail-free card to individuals who, by US Attorney General Eric Holder's own estimation, were involved in acts of torture," Mr. Cox said in a statement.