Constitutional Law

DOJ Releases Bush Memos on CIA Tactics; Issues Statement on CIA Officers Involved In Controversial Interrogations

The Justice Department today released memos from the Bush administration detailing harsh interrogation methods used by CIA officers on terrorism suspects. The DOJ said in a statement that it was releasing the previously undisclosed Office of Legal Counsel (OLC) opinions, one issued to the CIA in 2002 and three to the CIA in 2005.

Attorney General Eric Holder said, 'The President has halted use of the interrogation techniques described in these opinions, and this administration has made clear from day one that it will not condone torture. We are disclosing these memos consistent with our commitment to the rule of law.'

The Washington Post reported that the memos were released as part of a lawsuit filed by the ACLU and the Center for Constitutional Rights seeking documents regarding the interrogations. The memos are available here. The newspaper added that today's release represents the 'fullest account to date of the questioning of al- Qaeda suspects.'

The DOJ noted, in a press release, that Holder (right) stressed that CIA officials 'who acted reasonably and in good faith on authoritative legal advice from the Justice Department that their conduct was lawful, and conformed their conduct to that advice, would not face federal prosecutions for that conduct.'

President Obama also issued a statement that, 'In releasing these memos, it is our intention to assure those who carrying out their duties relying in good faith upon the legal advice from the Department of Justice that they will not be subject to prosecution.'

The administration's release of the memos and announcement of its stance regarding CIA officers involved in the interrogations drew mixed reaction.

George Washington University law professor Jonathan Turley writes on his blog:

Holder's announcement further shows the obstruction of any serious investigation since the threat of prosecution is a critical tool used by investigators to gain cooperation from witnesses. It is also a curious position for the Attorney General who is saying that he will not allow people to be investigated for the commission of federal crimes despite his oath to enforce those very laws without political manipulation or interference.

The Atlantic blogger Marc Ambiner writes:

Senior administration officials have made it clear to me: neither President Obama's statement nor Attorney General Holder's words were meant to foreclose the possibility of prosecuting CIA officers who did NOT act in good faith, or who did not act according to the guidelines spelled out by the OLC.

From Sen. Patrick Leahy's statement:

The Bush administration not only ran roughshod over our values and law, they undercut the public trust of the American people and tarnished American's prestige and authority throughout the world.   The Department of Justice has now released an unredacted Office of Legal Counsel memo written by Jay Bybee in 2002 memo as well as three more memos written in 2005 by acting OLC head Steven Bradbury. The legal memoranda demonstrate in alarming detail exactly what the Bush administration authorized for 'high value detainees' in U.S. custody. The techniques are chilling. 

In a post for Daily Kos, mcjoan says of Obama's statement:

It provides an indication of where this administration intends to go on investigating and prosecuting Bush administration crimes …. But for today, the important part is that the memos, four in total, have been released and with minor redactions.

Full post as published by ACS Blog on April 16, 2009 (boomark / email).