Bush team 'knew of abuse' at Guantánamo

'Moderate' Torture OK
Aug. 1, 2002 saw the most infamous of the "torture papers," DOJ/OLC chief Bybee's memorandum to Gonzales entitled: "Standards of Conduct for Interrogations, under the Convention Against Torture and the U.S. Anti-Torture Act (18 U.S. 2340-2340A)." This memorandum was reportedly drafted by the DOJ for the CIA, and sent directly to the White House without consultation with either the State Department, or the Joint Chiefs and Joint Staff legal experts. It is an extremely detailed, 50-page memorandum, giving the most lenient interpretation conceivable, of the anti-torture treaty and laws. The memo states at the outset:

We conclude below that Section 2340A proscribes acts inflicting, and that are specifically intended to inflict, severe pain or suffering, whether mental or physical. Those acts must be of an extreme nature to rise to the level of torture within the meaning of Section 2340A and the Convention. We further conclude that certain acts may be cruel, inhuman, or degrading, but still not produce pain and suffering of the requisite intensity to fall within Section 2340A's proscription against torture.

We conclude that for an act to constitute torture as defined in Section 2340, it must inflict pain that is difficult to endure. Physical pain amounting to torture must be equivalent in intensity to the pain accompanying serious physical injury, such as organ failure, impairment of body function, or even death. For purely mental pain or suffering to amount to torture under Section 2340, it must result in significant psychological harm of significant duration, e.g., lasting for months or even years....

In Part V, we discuss whether Section 2340A may be unconstitutional if applied to interrogations undertaken of enemy combatants pursuant to the President's Commander-in-Chief powers. We find that in the circumstances of the current war against al-Qaeda and its allies, prosecution under Setion 2340A may be barred because enforcement of the stature would represent an unconstitutional infringement of the President's authority to conduct war. In Part VI, we discuss defenses to an allegation that an interrogation method might violate the statute. We conclude that, under current circumstances, necessity or self-defense may justify interrogation methods that might violate Section 2340A."

When the White House officially released this memo (it already having been leaked), DOJ attorneys suddenly disavowed it, telling reporters that it would be "repudiated" and "replaced." But the official who signed it, Jay Bybee, is now a federal appellate judge, sitting on the 9th Circuit Court of Appeals.

Iraq abuse: U.S. soldier sentenced

Army Spec. Armin Cruz is the first military intelligence operative charged in connection with the abuse scandal. He pleaded guilty to charges of conspiracy and maltreatment of prisoners.

He entered into a plea bargain in which he agreed to testify for the prosecution against at least four or five others in exchange for immunity from his testimony. . . .

Cruz admitted to handcuffing the detainees and forcing them to crawl on the ground. He also said he was aware he was abusing them at the time.

Explaining his decision to plead guilty, Cruz told the judge he was acting independent of higher authorities.

. . . Cruz, from Plano, Texas, was an intelligence analyst with the 325th Military Intelligence Battalion assigned to help question possible insurgents and terrorists held at Abu Ghraib, although the Fay Report said these prisoners "were not of intelligence interest."