Legal Commentary

Axelrod: Obama "thought very long and hard about" about opening up the CIA interrogation memos.

In the struggle between 2 principles, in the mind of Obama, government transparency won.

"It was a weighty decision. As with so many issues, there are competing points of view that flow from very genuine interests and concerns that are to be respected. And then the president has to synthesize all of it and make a decision that?s in the broad national interest. He?s been thinking about this for four weeks, really."

ADDED: Former CIA Director Michal Hayden and former Attorney General Michael B. Mukasey write:

Although evidence shows that the Army Field Manual, which is available online, is already used by al Qaeda for training purposes, it was certainly the president's right to suspend use of any technique. However, public disclosure of the OLC opinions, and thus of the techniques themselves, assures that terrorists are now aware of the absolute limit of what the U.S. government could do to extract information from them, and can supplement their training accordingly and thus diminish the effectiveness of these techniques as they have the ones in the Army Field Manual....

The techniques themselves were used selectively against only a small number of hard-core prisoners who successfully resisted other forms of interrogation, and then only with the explicit authorization of the director of the CIA. Of the thousands of unlawful combatants captured by the U.S., fewer than 100 were detained and questioned in the CIA program. Of those, fewer than one-third were subjected to any of the techniques discussed in these opinions. As already disclosed by Director Hayden, as late as 2006, even with the growing success of other intelligence tools, fully half of the government's knowledge about the structure and activities of al Qaeda came from those interrogations.

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Full post as published by Althouse on April 17, 2009 (boomark / email).