Late today, in response to longstanding congressional demands, the Justice Department released a declassified version of one of the original legal underpinnings for U.S. government-sanctioned torture, a March 14, 2003 memo written by the Office of Legal Counsel’s John Yoo.
From the Post:
The memo–which was rescinded just nine months after it was issued–provides an expansive argument for nearly unfettered presidential power in a time of war, contending that numerous laws and treaties that forbid torture or cruel treatment should not apply to the interrogations of enemy combatants overseas. â¦
“If a government defendant were to harm an enemy combatant during an interrogation in a manner that might arguably violate a criminal prohibition, he would be doing so in order to prevent further attacks on the United States by the al Qaeda terrorist network,” Yoo wrote. “In that case, we believe that he could argue that the executive branch’s constitutional authority to protect the nation from attack justified his actions.”
Interrogators who harmed a prisoner would be protected by a “national and international version of the right to self-defense,” Yoo wrote. He also articulated a definition of illegal conduct in interrogations — that it must “shock the conscience” — that the Bush administration advocated for years.
“Whether conduct is conscience-shocking turns in part on whether it is without any justification,” Yoo wrote, explaining, for example, that it would have to be inspired by malice or sadism before it could be prosecuted.
