click the above for a pdf with the full text of three versions
These bullet points were apparently developed by John Yoo of the OLC and the CIA. They were later repudiated by the OLC when they received a copy from the CIA, seeing them for the first time. I gather Yoo worked these out with the CIA on his own [See Was John Yoo Free-Lancing When He Approved the “Legal Principles”? for the details]. Whatever the case, they contain the conclusions that are spread throughout his memos. If you actually read them all the way through, you’ll get the sense of how outrageous what happened really is.
Obviously, these are legal rationalizations tailored to allow torture of our captives. But beyond that, they contain some of the most peculiar logic for all time. For example:
- The interrogation … does not constitute torture … where the interrogators do not have the specific intent to cause the detainee to experience severe mental pain or suffering. The absence of specific intent is demonstrated by a good faith belief that severe physical or mental pain or suffering will not be inflicted upon the detainee. A good faith belief need not be a reasonable belief. The presence of good faith can be established through evidence of efforts to review relevant professional literature, consulting with experts, or reviewing evidence gained through past experience.
We’ve all talked about the absurdity of the torture being defined by intent. But the bullet points take things to a new level. Basically, if you consult with experts OR review literature OR look at evidence from the past experience, you can do whatever you want to to detainees, EVEN IF your "belief" that you are not torturing is irrational ["reasonable"]. It’s hard to imagine that the grown men involved in this process could read this with a straight face. Plus, the rest of the "bullet points" say that all these things that one looks at to show "good faith" don’t apply anyway. What possible intent could one have to do the things listed other than cause severe physical or mental pain or suffering?
Yoo apparently worked directly with the CIA to create these bullet points without showing this stuff to anyone else in the DoJ. They were repudiated by the OLC as soon as they became aware of them. Where is the responsibility? The DoJ, OLC, Yoo, CIA? I think the answer is "yes"…
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