Memo Says Bush Not Restricted by Torture Bans

By Will Dunham

President Bush, as commander-in-chief, is not
restricted by U.S. and international laws barring torture, Bush
administration lawyers stated in a March 2003 memorandum.

The 56-page memo to Defense Secretary Donald Rumsfeld cited the
president’s "complete authority over the conduct of war," overriding
international treaties such as a global treaty banning torture, the
Geneva Conventions and a U.S. federal law against torture.

"In order to respect the president’s inherent constitutional
authority to manage a military campaign ... (the prohibition against
torture) must be construed as inapplicable to interrogations
undertaken pursuant to his commander-in-chief authority," stated the
memo, obtained by Reuters on Tuesday.

These assertions, along with others made in a 2002 Justice Department
(news - web sites) memo, drew condemnation by human rights activists
who accused the administration of hunting for legal loopholes for
using torture.

"It’s like saying the Earth is flat. That’s the equivalent of what
they’re doing with saying that the prohibition of torture doesn’t
apply to the president," said Michael Ratner, president of the Center
for Constitutional Rights.

Media reports of the two memos prompted a fierce exchange in a
congressional hearing, at which Attorney General John Ashcroft
refused to release the documents while Democrats accused the Bush
administration of undermining prohibition on use of torture.

The administration says it observes the Geneva Conventions in Iraq
and other situations where the treaty applies and that it treats
terrorist suspects at Guantanamo Bay and elsewhere in a way
consistent with the spirit of the accords.

The March 2003 memo was written by a "working group" of civilian and
military lawyers named by the Pentagon (news - web sites)’s general
counsel.

INTERROGATION TECHNIQUES

It came to light as the Pentagon reviewed interrogation techniques
used on foreign terrorism suspects at the U.S. naval base at
Guantanamo Bay, Cuba, amid concerns raised by lawyers within the
military and others about interrogation techniques approved by
Rumsfeld that deviated from standard practice.

"It may be the case that only successful interrogations can provide
the information necessary to prevent the success of covert terrorist
attacks upon the United States and its citizens," the memo stated.

"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 memo stated.

The memo labeled as unconstitutional any laws "that seek to prevent
the president from gaining the intelligence he believes necessary to
prevent attacks upon the United States."

The memo offered numerous explanations for why U.S. officials and
military personnel were immune from bans on torture under U.S. and
international law. The memo recommended a presidential directive from
Bush allowing for exercise of this power by "subordinates," although
it remained unknown whether Bush ever signed such a document.

"It shows us that there were senior people in the Bush administration
who were seriously contemplating the use of torture, and trying to
figure out whether there were any legal loopholes that might allow
them to commit criminal acts," said Tom Malinowski, Human Rights
Watch’s Washington advocacy director.

PRESIDENT’S FREE HAND

"They seem to be putting forward a theory that the president in
wartime can essentially do what he wants regardless of what the law
may say," Malinowski added.

Amnesty International called for a special counsel to
investigate "whether administration officials are criminally liable
for acts of torture or guilty of war crimes."

Pentagon spokesman Bryan Whitman said Rumsfeld in April 2003 approved
24 "humane" interrogation techniques for use at Guantanamo, four of
which required Rumsfeld’s personal review before being used. Whitman
said 34 techniques were considered by a working group of Defense
Department legal and policy experts before Rumsfeld approved the
final list.

"None were determined to be tortuous in nature (by the working
group). They were all found to be within internationally accepted
practice," Whitman said.

WASHINGTON (Reuters)