The Torture Papers: The Road to Abu Ghraib

by Edited by Karen J. Greenberg , Joshua L. Dratel , Introduction by Anthony Lewis

• ISBN13: 9780521853248
• ISBN10: 0521853249
• Format: Hardcover
• Copyright: 2005-01-26
• Publisher: Cambridge University Press

Summary

The Torture Papers document the so-called 'torture memos' and reports which US government officials wrote to prepare the way for, and to document, coercive interrogation and torture in Afghanistan, Guantanamo, and Abu Ghraib. These documents present for the first time a compilation of materials that prior to publication have existed only piecemeal in the public domain. The Bush Administration, concerned about the legality of harsh interrogation techniques, understood the need to establish a legally viable argument to justify such procedures. The memos and reports document the systematic attempt of the US Government to prepare the way for torture techniques and coercive interrogation practices, forbidden under international law, with the express intent of evading legal punishment in the aftermath of any discovery of these practices and policies.

Table of Contents

Acknowledgments	xi
Introduction	xiii
Anthony Lewis
From Fear to Torture	xvii
Karen J. Greenberg
The Legal Narrative	xxi
Joshua L. Dratel
Timeline	xxv
Missing Documents	xxix
Biographical Sketches	xxxi
Memoranda
Memo 1. September 25, 2001
To: 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	3	(26)
Memo 2. November 13, 2001
Military Order of November 13, 2001 issued by President George W. Bush	25	(4)
Memo 3. December 28, 2001
To: 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	29	(9)
Memo 4. January 9, 2002
To: 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	38	(42)
Memo 5. January 19, 2002
To: Chairman of the Joint Chiefs of Staff
From: Donald Rumsfeld, Secretary of Defense
Re: Status of Taliban and al Qaeda	80	(1)
Memo 6. January 22, 2002
To: 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	81	(37)
Memo 7. January 25, 2002
To: 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	118	(4)
Memo 8. January 26, 2002
To: 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	122	(4)
Memo 9. February 1, 2002
To: 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	126	(3)
Memo 10. February 2, 2002
To: 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	129	(5)
Memo 11. February 7, 2002
To: 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	134	(2)
Memo 12. February 7, 2002
To: 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	136	(8)
Memo 13. February 26, 2002
To: 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	144	(28)
Memo 14. August 1, 2002
To: 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	172	(46)
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''	218	(5)
Memo 16. October 25, 2002
To: 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	223	(2)
Memo 17. October 11, 2002
To: 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	225	(1)
Memo 18. October 11, 2002
To: 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	226	(1)
Memo 19. October 11, 2002
To: 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	227	(2)
Memo 20. October 11, 2002
To: 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	229	(8)
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	237	(1)
Memo 22. January 15, 2003
To: General Counsel of the Department of Defense
From: Donald Rumsfeld, Secretary of Defense
Re: Detainee Interrogations	238	(1)
Memo 23. January 15, 2003
To: Commander U.S. Southern Command
From: Donald Rumsfeld, Secretary of Defense
Re: Counter-Resistance Techniques	239	(1)
Memo 24. January 17, 2003
To: 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)	240	(1)
Memo 25. March 6, 2003
Classified 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	241	(45)
Memo 26. April 4, 2003
Classified 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	286	(74)
Memo 27. April 16, 2003
To: James T. Hill, Commander, U.S. Southern Command
From: Donald Rumsfeld, Secretary of Defense
Re: Counter-Resistance Techniques in the War on Terrorism	360	(6)
Memo 28. March 19, 2004
To: 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	366	(17)
Reports
February 2004 (The ICRC Report)	383	(22)
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
March 2004 (The Taguba Report)	405	(152)
Article 15-6 Investigation of the 800th Military Police Brigade
Annexes to the Taguba Report
Undated Psychological Assessment of Allegations of Detainee Abuse at Abu Ghraib by Col. Henry Nelson, USAF Psychiatrist
September 2003 Maj. Gen. Geoffrey Miller's assessment regarding interrogation and intelligence operations in Iraq
Memo 12 October 2003
To: Combined Joint Task Force Seven, Baghdad, Iraq
From: Ricardo S. Sanchez, Lieutenant General, USA Commanding
Re: Interrogation and Counter-Resistance Policy
Memo 30 November 2003
To: Lt. Gen. Ricardo Sanchez, Commander CJTF-7
From: Thomas M. Pappas, Col., MI Commanding
Re: Request for Exception to CJTF-7 Interrogation and Counter-Resistance Policy
Memo 19 January 2004
To: Commander, U.S. Central Command
From: Ricardo S. Sanchez, Lt. Gen., USA Commanding
Re: Request for Investigating Officer
28 January 2004 Army's Criminal Investigation Division report on allegations of prisoner abuse at Abu Ghraib
CV for Brig. Gen. Janis Karpinski, Commander 800th Military Police Brigade
15 February 2004 selected portions of Brig. Gen. Janis Karpinski's testimony
April 2004	557	(73)
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
Re: Human Rights Standards Applicable to the U.S.'s Interrogation of Detainees
July 2004 (The Mikolashek Report)	630	(278)
Department of the Army, The Inspector General -- Detainee Operations Inspection
August 2004 (The Schlesinger Report)	908	(68)
Final Report of the Independent Panel to Review DoD Detention Operations
May 12, 2004 (Vice Admiral Church's Brief)	976	(9)
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)	985	(2)
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)	987	(145)
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, 2004	1132	(33)
American Bar Association Report to the House of Delegates
Re: Uses of torture
Afterword	1165	(74)
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)	1239	(1)
Appendix B: Recommended readings on torture	1240	(1)
Appendix C: Torture-related laws and conventions	1241	(1)
Appendix D: Legal cases relevant to the incidences of torture	1242	(1)
Index	1243