[Intelforum] Intelligence & torture
re33 at meltemi1.demon.co.uk
Sun Apr 16 17:23:03 EDT 2006
Professor Alan Dershowitz and others have argued that a judge should be
able to authorise limited torture in order to extract intelligence e.g. in
the bomb about to kill thousands type of case. See-
My post of 14 April referred to a US Department of Justice memo of 1 August
2002 for the then counsel to the President which attempted to justify the
use of torture in certain circumstances such as necessity and self-defence.
I am glad to be able to add that a Department of Justice of 30 December
2004 memorandum supersedes the August 2002 Memorandum in its entirety. In
particular, it unequivocally declares that there is no exception under the
statute [18 U.S.C. §§ 2340-2340A] permitting torture to be used for a good
The 2002 memo had also advised that Congress may no more regulate the
President's ability to detain and interrogate enemy combatants than it may
regulate his ability to direct troop movements on the battlefield. The
2004 memo does not expressly address this point. Alberto Gonzales
repudiated it at his confirmation hearing.
The Torture Memo By Judge Jay S. Bybee That Haunted Alberto Gonzales's
by John W. Dean (a former counsel to the president)
is also well worth reading.
as is by Michael C. Dorfs The Justice Department's Change of Heart
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