| Edited by Karen J. Greenberg, Joshua L. 
		Dratel, Introduction by Anthony Lewis© Karen J. Greenberg and Joshua L. Dratel 
		2005
 
		 
			
				
					| 
					
					"Self-defense is a common-law defense to federal criminal 
					offenses, and nothing in the text, structure or history of 
					section 2340A precludes its application to a charge of 
					torture ... If hurting him is the only means to prevent the 
					death or injury of others put at risk by his actions, such 
					torture should be permissible." --
					
					Memorandum for William 
					J. Haynes, II, from John C. Yoo, 3/14/03
 ***
 "Every act constituting torture under the Convention 
					constitutes a criminal offense under the law of the United 
					States. No official of the Government, federal, state or 
					local, civilian or military, is authorized to commit or to 
					instruct anyone else to commit torture. Nor may any official 
					condone or tolerate torture in any form. No exceptional 
					circumstances may be invoked as justification for torture. 
					United States law contains no provision permitting otherwise 
					prohibited acts of torture or other cruel, inhuman or 
					degrading treatment or punishment to be employed on grounds 
					of exigent circumstance (for example, during a “state of 
					public emergency”) or on orders from a superior officer or 
					public authority, and the protective mechanisms of an 
					independent judiciary are not subject to suspension."
 -- 
					"United States report to the U.N. Committee Against 
					Torture," 1999 cited in
					
					The Association of the Bar of the City 
					of New York, Committee on International Human Rights, and 
					Committee on Military Affairs and Justice’s Report
 ***
 "The prohibition of torture is, moreover, one of the few 
					norms which has attained peremptory norm or jus cogens 
					status, and is recognized as such by United States courts.  
					Jus cogens is defined as a peremptory norm “accepted and 
					recognized by the international community of states as a 
					whole as a norm from which no derogation is permitted and 
					which can be modified only by a subsequent norm of general 
					international law having the same character.”
 --
					
					American Bar Association Report to the 
					House of Delegates Re: Uses of Torture
 ***
 “A democratic, freedom-loving society does not accept that 
					investigators use any means for the purpose of uncovering 
					the truth. The interrogations practices of the police in a 
					given regime are indicative of a regime’s very character."
 -- Israeli Supreme Court, "Judgment Concerning The Legality 
					Of The General Security Service’s Interrogation Methods," 
					cited in 
					The Association of the Bar of the City 
					of New York, Committee on International Human Rights, and 
					Committee on Military Affairs and Justice’s Report
 ***
 "The use of torture and cruel, inhuman or degrading 
					treatment by United States personnel in the interrogation of 
					prisoners captured in the Afghanistan and Iraq conflicts has 
					brought shame on the nation and undermined our standing in 
					the world. While the U.S. government has acknowledged, and 
					is moving to punish, the acts at Abu Ghraib that have been 
					documented on videotape, this does not address the 
					substantial, fundamental concerns regarding U.S. 
					interrogation policy and the treatment of detainees.
 
					"The U.S. government 
					maintains that its policies comport with the requirements of 
					law, and that the violations at Abu Ghraib represent 
					isolated instances of individual misconduct. But there 
					apparently has been a widespread pattern of abusive 
					detention methods. Executive Branch memoranda were developed 
					to justify interrogation procedures that are in conflict 
					with long-held interpretations and understandings of the 
					reach of treaties and laws governing treatment of detainees. 
					Whether and to what extent the memoranda were relied upon by 
					U.S. officials may be open to question, but it is clear that 
					those legal interpretations do not represent sound policy, 
					risk undercutting the government’s ability to assert any 
					high moral ground in its “war on terrorism”, and put 
					Americans at risk of being tortured or subjected to cruel, 
					inhuman or degrading treatment by governments and others 
					willing to cite U.S. actions as a pretext for their own 
					misconduct." --
					
					American Bar Association Report to the 
					House of Delegates Re: Uses of Torture
 ***
 "In its Report on the Treatment by the Coalition Forces of 
					Prisoners of War and other protected persons in Iraq, 
					the International Committee of the Red Cross (ICRC) draws 
					the attention of the Coalition Forces to a number of serious 
					violations of International Humanitarian Law: .... (1) 
					Brutality against protected persons upon capture and initial 
					custody, sometimes causing death or serious injury; (2) 
					Physical or psychological coercion during interrogation to 
					secure information; (3) Prolonged solitary confinement in 
					cells devoid of daylight;
 (4) Excessive and disproportionate use of force against 
					persons deprived of their liberty resulting in death or 
					injury during their period of internment."
 --
					
					Report of the International Committee 
					of the Red Cross (ICRC) on the Treatment by the Coalition 
					Forces of Prisoners of War and Other Protected Persons by 
					the Geneva Conventions in Iraq During Arrest, Internment and 
					Interrogation
 ***
 On 6 September 2006, President Bush publicly announced that 
					fourteen “high value” detainees had been transferred from 
					the High Value Detainee Program run by the Central 
					Intelligence Agency (hereafter CIA detention program) to the 
					custody of the Department of Defense in Guantanamo Bay 
					Internment Facility (hereafter Guantanamo). The fourteen 
					detainees (hereafter the fourteen) were reportedly held in 
					the CIA detention program from the time of their arrest, or 
					shortly thereafter, until their arrival in Guantanamo. 
					Throughout their time in CIA custody—which ranges from 16 
					months to almost four and a half years—these persons were 
					held in undisclosed detention. Prior to this public 
					announcement, the ICRC had never been informed by the US 
					authorities of the existence of the CIA detention program, 
					nor of the presence in US custody of the fourteen. This is 
					despite the fact that thirteen of the fourteen had been 
					included in the above-mentioned ICRC written requests to the 
					US authorities concerning undisclosed detention, the first 
					of which were made in January 2003. The remaining detainee 
					was not known to the ICRC. ...
 
					In the ICRC’s view, the 
					fourteen were placed outside the protection of the law 
					during the time they spent in CIA custody. Indeed, one of 
					the main effects of the transfers was to place the fourteen 
					in secret detention facilities in unspecified locations in a 
					number of different countries, outside the reach of any 
					judicial or administrative system. As such, they were, for 
					instance, apparently both precluded from knowing the reasons 
					for their detention and denied access to any mechanism 
					capable of independently reviewing the lawfulness of their 
					detention. They were also denied contact with their 
					families, including any information to the families of their 
					detention. The totality of the circumstances in which the 
					fourteen were held effectively amounted to an arbitrary 
					deprivation of liberty and enforced disappearance, in 
					contravention of international law. 
					As regards conditions of 
					detention and treatment of the fourteen, the effects of 
					their being in undisclosed detention were severe and 
					multifaceted, as the present report shows. The absence of 
					scrutiny by any independent entity—including the ICRC— 
					inevitably creates conditions conducive to excesses that 
					would not otherwise be permitted. Persons held in 
					undisclosed detention are especially vulnerable to being 
					subjected to ill-treatment. Indeed, the allegations of the 
					fourteen include descriptions of treatment and interrogation 
					techniques—singly or in combination—that amounted to torture 
					and/or cruel, inhuman or degrading treatment. --
					
					
					Report of the International Committee 
					of the Red Cross (ICRC) on the Treatment of Fourteen "High 
					Value Detainees" in CIA Custody
 ***
 "Abuses at Abu Ghraib and elsewhere are strong evidence that 
					in the war on terror this nation’s detention policies have 
					lost their moral compass. Rather than seek to excuse or 
					minimize these failings, the U.S. must take responsibility 
					for violations of treaties and international law, condemn 
					those violations, investigate all plausible allegations of 
					violations, and punish all those responsible, no matter how 
					high ranking. It is vital to ensure that this disgraceful 
					behavior does not happen again. Any individual who alleges 
					that he or she has been subjected to torture must be 
					provided with a meaningful opportunity to complain to, and 
					to have his/her case promptly and impartially examined by, 
					competent authorities."
 --
					
					American Bar Association Report to the 
					House of Delegates Re: Uses of Torture
 
					
					
					 
					"18 U.S.C. § 2340A–torture or 
					attempted torture committed outside the United States by a 
					person acting under color of law, where death results. 
					United States jurisdiction under this provision covers 
					offenses where the alleged offender is a U.S. national or 
					where the alleged offender is present in the United States, 
					regardless of the nationality of the victim or alleged 
					offender." -- 
					Capital Punishment:  An Overview 
					of Federal Death Penalty Statutes, by CRS Report for 
					Congress
 
					*** 
					More than seven years ago, a 
					suspected Afghan militant was brought to a dimly lit CIA 
					compound northeast of the airport in Kabul. The CIA called 
					it the Salt Pit. Inmates knew it as the dark prison. Inside 
					a chilly cell, the man was shackled and left half-naked. He 
					was found dead, exposed to the cold, in the early hours of 
					Nov. 20, 2002.-- 
					
					Salt Pit Death:  Gul Rahman, CIA 
					Prisoner, Died of Hypothermia in Secret Afghanistan Prison
 |  
		Rasul v. Bush, President of the United 
		States, et al.Hamdan v. Rumsfeld, Secretary of Defense, et al.
 Boumediene, et al. v. Bush, 
		President of the United States, et al.
 Hamdi v. Rumsfeld
 FM 34-52 Intelligence Interrogation -- 
		September 28, 1992, by Department of the Army
 JTF GTMO SERE Interrogation 
		Standard Operating Procedure
 Communist Attempts to Elicit False 
		Confessions From Air Force Prisoners of War, by Albert D. Biderma, M.A.
 A Situationist 
		Perspective on the Psychology of Evil:  Understanding How Good 
		People are Transformed Into Perpetrators, by Philip G. Zimbardo, Ph.D.
 Obedience to Authority, by 
		Stanley Milgram
 Moral Disengagement In the 
		Perpetration of Inhumanities, by Albert Bandura
 Trust No Fox on His Green Heath 
		and No Jew on His Oath, by Elwira Bauer
 The Absolute 
		Prohibition of Torture and Necessary and Appropriate Sanctions, by 
		Jordan J. Paust
 Convention Against Torture and 
		Other Cruel, Inhuman or Degrading Treatment or Punishment
 Agent's Investigation 
		Report 0106-04-CID259-80185 (Abu Ghraib)
 Info Memo for Undersecretary of Defense for 
		Intelligence, by L.E. Jacoby
 Standard Operating Procedure, directed by Errol Morris -- Illustrated 
		Screenplay & Screencap Gallery
 Taxi to the Dark Side, 
		directed by Alex Gibney -- Illustrated Screenplay & Screencap Gallery
 Sir!  No Sir! -- Illustrated Screenplay 
		& Screencap Gallery, by David Zeiger
 Winter Soldier -- Illustrated Screenplay & 
		Screencap Gallery, by Winterfilm, Inc.
 Terrorist / Torture Collages, by 
		Tara Carreon
 The Machine Vignette from "The Princess Bride," by 
		Rob Reiner
 Abu Ghraib Photo Gallery
 CIA Destroyed 2 Tapes Showing 
		Interrogations, by Mark Mazzetti
 Testimony of Mr. Douglas A. 
		Johnson, Executive Director, Center of Victims of Torture
 Verbatim Transcript of 
		Combatant Status Review Tribunal Hearing for ISN 10024 (Khalid Shaikh 
		Muhammad
 
				Table of Contents 
				
				Opening Pages
				Acknowledgements
				Introduction:  
				Anthony Lewis
				From Fear to Torture:  
				Karen J. Greenberg
				The Legal Narrative:  
				Joshua L. Dratel
				Timeline
				Missing Documents
				Biographical Sketches
				Memoranda
				
				
				Memo 1. September 25, 2001To: Timothy Flanigan, Deputy Counsel to the President
 From: John Yoo, Deputy Assistant Attorney General, U.S. Department of 
		Justice, Office of Legal Counsel
 Re: Memorandum Opinion for the Deputy Counsel to the President 
				Re: The President's Constitutional Authority to Conduct Military 
				Operations Against Terrorists and Nations Supporting Them
				
				Memo __, September 25, 2001
				(not included in book)To:  David S. Kris, Associate Deputy Attorney General
 From:  John C. Yoo, Deputy Assistant Attorney General
 Re:  Constitutionality of Amending Foreign Intelligence 
				Surveillance Act to Change the "Purpose" Standard for Searches
				
				Memo __, October 
				23, 2001
				(not included in book)To:  Alberto R. Gonzales, Counsel to the President; William 
				J. Haynes, II, General Counsel, Department of Defense
 From:  John C. Yoo, Deputy Assistant Attorney General; 
				Robert J. Delahunty, Special Counsel
 Re:  Authority for Use of Military Force to Combat 
				Terrorist Activities Within the United States
				
				Memo 2. November 13, 2001Military Order of November 13, 2001 issued by President George W. Bush
				
				Memo 3. December 
		28, 2001To: William J. Haynes II, General Counsel, Department of Defense
 From: Patrick F. Philbin, Deputy Assistant Attorney General and John Yoo, 
		Deputy Assistant Attorney General, U.S. Department of Justice, Office of 
		Legal Counsel
 Re: Possible Habeas Jurisdiction over Aliens Held in Guantanamo Bay, 
		Cuba
				
				Memo 4. January 
		9, 2002To: William J. Haynes II, General Counsel, Department of Defense
 From: John Yoo, Deputy Assistant Attorney General, U.S. Department of 
		Justice, Office of Legal Counsel and Robert J. Delahunty, Special 
		Counsel, U.S. Department of Justice
 Re: Application of Treaties and Laws to al Qaeda and Taliban Detainees
				
				Memo 5. January 
		19, 2002To: Chairman of the Joint Chiefs of Staff
 From: Donald Rumsfeld, Secretary of Defense
 Re: Status of Taliban and al Qaeda
				
				Memo 6. January 
		22, 2002To: Alberto R. Gonzales, Counsel to the President, and William J. 
		Haynes, General Counsel, Department of Defense
 From: Jay S. Bybee, Assistant Attorney General, U.S. Department of 
		Justice
 Re: Application of Treaties and Laws to al Qaeda and Taliban Detainees
				
				Memo 7. January 25, 2002To: President Bush
 From: Alberto R. Gonzales, Counsel to the President
 Re: Decision Re Application of the Geneva Convention on Prisoners of War 
		to the Conflict with al Qaeda and the Taliban
				
				Memo 8. January 
		26, 2002To: Counsel to the President, Assistant to the President for National 
		Security Affairs
 From: Colin L. Powell, U.S. Department of State
 Re: Draft Decision Memorandum for the President on the Applicability of 
		the Geneva Convention to the Conflict in Afghanistan
				
				Memo 9. February 
		1, 2002To: President Bush
 From: John Ashcroft, Attorney General
 Re: Justice Department’s position on why the Geneva Convention did not 
		apply to al Qaeda and Taliban detainees
				
				Memo 10. February 
		2, 2002To: Counsel to the President
 From: William H. Taft IV Legal Advisor, U.S. Department of State
 Re: Comments on Your Paper on the Geneva Convention
				
				Memo 11. February 
		7, 2002To: The Vice President, The Secretary of State, The Secretary of 
		Defense, The Attorney General, Chief of Staff to the President, Director 
		of CIA, Assistant to the President for National Security Affairs, 
		Chairman of the Joint Chiefs of Staff
 From: George W. Bush
 Re: Humane Treatment of al Qaeda and Taliban Detainees
				
				Memo 12. February 
		7, 2002To: Alberto R. Gonzales, Counsel to the President
 From: Jay B. Bybee, Assistant Attorney General, U.S. Department of 
		Justice
 Re: Status of Taliban Forces Under Article 4 of the Third Geneva 
		Convention of 1949
				
				Memo 13. February 
		26, 2002To: William J. Haynes II, General Counsel, Department of Defense
 From: Jay S. Bybee, Assistant Attorney General, U.S. Department of 
		Justice
 Re: Potential Legal Constraints Applicable to Interrogations of Persons 
		Captured by U.S. Armed Forces in Afghanistan
				
				Memo __.  March 13, 
				2002
				(not included in book)To:  William J. Haynes, II, General Counsel, Department of 
				Defense
 From: Jay S. Bybee, Assistant Attorney General, U.S. Department of 
		Justice
 Re:  The President's Power as Commander in Chief to 
				Transfer Captured Terrorists to the Control and Custody of 
				Foreign Nations
				
				Memo __.  April 
				8, 2002
				(not included in book)To:  Daniel J. Bryant, Assistant Attorney General, Office 
				of Legislative Affairs
 From:  Patrick Philbin, Deputy Assistant Attorney General
 Re:  Swift Justice Authorization Act
				
				Memo __.  June 8, 2002
				(not included in book)To:  The Attorney General
 From:  Jay S. Bybee, Assistant Attorney General, Office of 
				Legal Counsel
 Re:  Determination of Enemy Belligerency and Military 
				Detention
				
				Memo __.  June 27, 2002
				(not included in book)To:  Daniel J. Bryant, Assistant Attorney General, Office 
				of Legislative Affairs
 From:  John C. Yoo
 Re:  Applicability of 18 U.S C. § 4001(a) to Military 
				Detention of United States Citizens
				
				Memo 14. August 1, 2002To: Alberto R. Gonzales, Counsel to the President
 From: Jay S. Bybee, Assistant Attorney General, U.S. Department of 
		Justice
 Re: Standards of Conduct for Interrogation under 18 U.S.C. § § 
		2340-2340A
				
				Memo __, August 1, 2002
				(not included in book)To:  John Rizzo, Acting General Counsel of the Central 
				Intelligence Agency
 From: Jay S. Bybee, Assistant Attorney General, U.S. Department of 
		Justice
 Re:  Interrogation of al Qaeda Operative
 Memo 15. August 
		1, 2002
 To: Alberto R. Gonzales, Counsel to the President
 From: John Yoo, Deputy Assistant Attorney General, U.S. Department of 
		Justice, Office of Legal Counsel
 Re: Letter regarding “the views of our Office concerning the legality, 
		under international law, of interrogation methods to be used on captured 
		al Qaeda operatives”
				(The following three 
		memos (#s 16, 17, 18) are cover letters to the requests for approval of Counter-Resistance Strategies, which follow #s 19, 20.)
				
				Memo 16. October 
		25, 2002To: Chairman of the Joint Chiefs of Staff, Washington D.C.
 From: General James T. Hill, Department of Defense, U.S. Southern 
		Command, Miami, FL
 Re: Counter-Resistance Techniques
				
				Memo 17. October 
		11, 2002To: General James T. Hill, Commander, U.S. Southern Command, Miami, FL
 From: Maj. Gen. Michael Dunlavey, Department of Defense, JTF 170, 
		Guantanamo Bay, Cuba
 Re: Counter-Resistance Strategies
				
				Memo 18. October 
		11, 2002To: General James T. Hill, Commander, Joint Task Force 170
 From: Diane Beaver, Staff Judge Advocate, Department of Defense, JTF 
		170, Guantanamo Bay, Cuba
 Re: Legal Review of Aggressive Interrogation Techniques
				
				Memo 19. October 
		11, 2002To: General James T. Hill, Commander, Joint Task Force 170
 From: Jerald Phifer, Director, J2, Department of Defense, JTF 170, 
		Guantanamo Bay, Cuba
 Re: Request for Approval of Counter-Resistance Strategies
				
				Memo 20. October 
		11, 2002To: General James T. Hill, Commander, Joint Task Force 170
 From: Diane Beaver, Staff Judge Advocate, Department of Defense, JTF 
		170, Guantanamo Bay, Cuba
 Re: Legal Brief on Proposed Counter-Resistance Strategies
				
				Memo 21. November 
		27, 2002 (approved by Rumsfeld December 2, 2002)To: Donald Rumsfeld, Secretary of Defense
 From: William J. Haynes II, General Counsel, Department of Defense
 Re: Counter-Resistance Techniques
				
				Memo 22. January 
		15, 2003To: General Counsel of the Department of Defense
 From: Donald Rumsfeld, Secretary of Defense
 Re: Detainee Interrogations
				
				Memo 23. January 
		15, 2003To: Commander U.S. Southern Command
 From: Donald Rumsfeld, Secretary of Defense
 Re: Counter-Resistance Techniques
				
				Memo 24. January 
		17, 2003To: General Counsel of the Department of the Air Force
 From: William J. Haynes II, General Counsel, Department of Defense
 Re: Working Group to Assess (Interrogation issues)
				
				Memo 25. March 6, 
		2003Classified by: Donald Rumsfeld, Secretary of Defense
 DRAFT: Working Group Report on Detainee Interrogations in the Global War 
		on Terrorism: Assessment of Legal, Historical, Policy, and Operational 
		Considerations
				
				Memo __. March 14, 
				2003 (not included in book)To:  William J. Haynes II, General Counsel 
				of the Department of Defense
 From: John C. Yoo
 Re:  
				Military Interrogation of Alien Unlawful Combatants Held Outside 
				the United States
				
				Memo 26. April 4, 
		2003Classified by: Donald Rumsfeld, Secretary of Defense
 Working Group Report on Detainee Interrogations in the Global War on 
		Terrorism: Assessment of Legal, Historical, Policy, and Operational Considerations
				
				Memo 27. April 
		16, 2003To: James T. Hill, Commander, U.S. Southern Command
 From: Donald Rumsfeld, Secretary of Defense
 Re: Counter-Resistance Techniques in the War on Terrorism
				
				Memo 
				__, January 19, 2004
				(Not included in book)To: Commander, United States Central Command
 From: Ricardo S. 
				Sanchez, Lieutenant General, USA, Commanding
 Re: Request for 
				Investigating Officer
				
				Memo 28. March 
		19, 2004To: William H. Taft IV, General Counsel, Department of State, William J. 
		Haynes II, General Counsel, Department of Defense, John Bellinger, Legal 
		Adviser for National Security, Scott Muller, General Counsel, Central 
		Intelligence Agency
 Distributed to Alberto R. Gonzales, Counsel to the President
 From: Jack Goldsmith III, Assistant Attorney General, Office of Legal 
		Counsel
 Re: Draft of an opinion concerning the meaning of Article 49 of the 
		Fourth Geneva Convention as it applies in occupied Iraq.
				
				Memo __, May 10, 
				2005
				(Not included in book)To:  John A. Rizzo, Senior Deputy General Counsel, Central 
				Intelligence Agency
 From:  Steven G. Bradbury, Principal Deputy Assistant 
				Attorney General
 Re:  Application of 18 U.S.C. 
				§§ 2340-2340A to the Combined Use of Certain Techniques in the 
				Interrogation of High Value al Qaeda Detainees
				
				
				Memo __, May 10, 
				2005 (Not included in book)To:  John A. Rizzo, Senior Deputy General Counsel, Central 
				Intelligence Agency
 From:  Steven G. Bradbury, Principal Deputy Assistant 
				Attorney General
 Re:  Application of 18 U.S.C. 
				§§ 2340-2340A to Certain Techniques  That May Be Used in 
				the Interrogation of a High Value al Qaeda Detainee
				
				
				Memo __, May 30, 
				2005 (Not included in book)To:  John A. Rizzo, Senior Deputy General Counsel, Central 
				Intelligence Agency
 From:  Steven G. Bradbury, Principal Deputy Assistant 
				Attorney General
 Re:  Application of United States Obligations Under Article 
				16 of the Convention Against Torture to Certain
				Certain Techniques That May Be Used 
				in the Interrogation of High Value al Qaeda Detainees
				
				
				Memo __, 
				October 6, 2008 (Not included in book)To:  File
 From:  Steven G. Bradbury, Principal Deputy Assistant 
				Attorney General
 Re:  October 23, 2001 OLC Opinion Addressing the Domestic 
				Use of Military Force to Combat Terrorist Activities
				Reports 
					
					
					February 2004 (The ICRC Report)Report of the International Committee of the Red Cross (ICRC) on the 
		Treatment by the Coalition Forces of Prisoners of War and Other 
		Protected Persons by the Geneva Conventions in Iraq During Arrest, 
		Internment and Interrogation
					
					February 
					2007 (The ICRC Report 2)
				(Not included in book)Report of the International Committee of the Red Cross (ICRC) 
					on the Treatment of Fourteen "High Value Detainees" in CIA 
					Custody
					
					March 2004 (The 
		Taguba Report)Article 15-6 Investigation of the 800th Military Police Brigade
					April 2004The Association of the Bar of the City of New York, Committee on International Human Rights, and Committee on Military 
		Affairs and Justice’s Report
 Re: Human Rights Standards Applicable to the U.S.’s Interrogation of 
		Detainees
					July 2004 
					The Mikolashek 
					Report
 Department of the Army, The Inspector General – Detainee Operations 
		Inspection
					August 2004 
					The 
					Schlesinger Report
 Final Report of the Independent Panel to Review DoD Detention Operations
					May 12, 2004 
					Vice 
					Admiral Church’s Brief
 Vice Admiral Albert T. Church III’s briefing on his investigation into 
		allegations of abuse of prisoners at Guantanamo Bay, Cuba
					October 2004 
					Department of 
					Defense Response to the Associated Press
 The Department of Defense’s response to the allegations of abuse of 
		prisoners at Guantanamo Bay and Abu Ghraib which were noted both in the 
		Schlesinger report and in Vice Admiral Church’s press briefing
					
					August 2004 The Fay Jones 
					Report
 Investigation of Intelligence Activities at Abu Ghraib/Investigation of 
		the Abu Ghraib Prison and 205th Military Intelligence Brigade, LTG 
		Anthony R. Jones/Investigation of the Abu Ghraib Detention Facility and 
		205th Military Intelligence Brigade, MG George R. Fay
					August 9, 2004American Bar Association Report to the House of Delegates Re: Uses of torture
					
					November 20, 2008Inquiry Into the 
		Treatment of Detainees in U.S. Custody 
				(Not included in book)
 Report of the Committee on 
		Armed Services, United States Senate
				
				Afterword
				
				Appendices 
				
				
				Appendix 
				A:  GTMO Interrogation Techniques (a one-page summary 
				issued to reporters by Bush aides on June 22, 2004, listing 
				which specific techniques were approved and/or used)
				
				Appendix B:  
				Recommended readings on torture
				
				Appendix C:  
				Torture-related laws and conventions
				
				Appendix D:  
				Legal Cases relevant to the incidences of torture
				
				Index _______________ Librarian's 
		Comment:    Americans have been 
		torturing people for a long time.  See "A People's History of 
		American Empire," by Howard Zinn, Mike Konopacki and Paul Buhle: 
		Teddy Roosevelt, who became President after William 
		McKinley was assassinated in 1901, also supported the war.  "This 
		is a war to extend Anglo-American progress and decency!" 
		[Howard Zinn]  Decency?  Charges of torture 
		were common during our occupation of the Philippines, including the 
		infamous Water Cure.  U.S. Intelligence officers defended it as 
		necessary to gather information.  American troops used the Water 
		Cure to interrogate Filipino prisoners, forcing water down their throats 
		until they nearly drowned.  Torturers then pounded the victims' 
		stomachs to make them talk.  This editorial cartoon ridiculed the 
		practice. 
		 "Chorus in 
		Background:  "Those pious Yankees can't throw stones at us 
		anymore." -- William Walker, Life, May 22, 1902 See also 
		
					The Phoenix Program, by Douglas 
		Valentine.   
					At the end of the hearings Representatives McCloskey, John 
					Conyers, Ben Rosenthal, and Bella Abzug stated their belief 
					that "The people of these United States ... have 
					deliberately imposed on the Vietnamese people a system of justice which admittedly denies due process of law. 
					... In so doing, we appear to have violated the 1949 
					Geneva Convention for the protection of civilian 
					peoples at the same time we are exerting every effort 
					available to  us to solicit the North Vietnamese to 
					provide Geneva Convention protections to our own 
					prisoners of war.   
					"Some of us who have visited Vietnam," they added, "share a 
					real fear that the Phoenix program is an instrument of 
					terror; that torture is a regularly accepted part of 
					interrogation ... and that the top U.S. officials 
					responsible for the program at best have a lack of 
					understanding of its abuses." They concluded "that U.S. 
					civilian and military personnel have participated for over 
					three years in the deliberate denial of due process of law 
					to thousands of people held in secret interrogation centers 
					built with U.S. dollars," and they suggested that "Congress 
					owes a duty to act swiftly and decisively to see that the 
					practices involved are terminated forthwith." Obviously, Congress has done 
		nothing to remedy this.     |