DAVID ADDINGTON News:

John Yoo - Gonzales - Cheney - Addington - War Crimes - Criminal - Torture - Military - Intelligence - Terrorism - Political - Law - Secret - Government - History - Civil Liberties - California - US - Guantanamo - Cuba - Iraq - Prisons - "John Yoo's war crimes." ... "As the result of a FOIA [Freedom of Information Act] lawsuit the ACLU [American Civil Liberties Union] filed and then prosecuted for several years, numerous documents relating to the [Republican President] Bush administration's torture regime that have long been baselessly kept secret were released yesterday, including an 81-pagememorandum (.pdf) issued in 2003 by then-Deputy Assistant Attorney General John Yoo (currently a Berkeley [California] Law Professor) which asserted that the President's war powers entitle him to ignore multiple laws which criminalized the use of torture:"

"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. 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."

[ Listen to John Yoo interview: "Cassel: If the president deems that he's got to torture somebody, including by crushing the testicles of the person's child, there is no law that can stop him?" ... "Yoo: No treaty." ... "Cassel: Also no law by Congress -- that is what you wrote in the August 2002 memo..." ... "Yoo: I think it depends on why the President thinks he needs to do that."]

""[T]he experience of our wars," Winthrop 839, is rife with evidence that establishes beyond any doubt that conspiracy to violate the laws of war is itself an offense cognizable before a law-of-war military commission. . . . . In [World War II], the orders establishing the jurisdiction of military commissions in various theaters of operation provided that conspiracy to violate the laws of war was a cognizable offense. See Letter, General Headquarters, United States Army Forces, Pacific (Sept. 24, 1945), Record in Yamashita v. Styer, O. T. 1945, No. 672, pp. 14, 16 (Exh. F) (Order respecting the "Regulations Governing the Trial of War Criminals" provided that "participation in a common plan or conspiracy to accomplish" various offenses against the law of war was cognizable before military commissions)."

John Yoo - Gonzales - Haynes - Addington - Criminal - Torture - Lawyers - Military - Government - Terrorism - Intelligence - Politics - History - Book - US - International - Guantánamo - Cuba - Iraq - "The Green Light." ... "Yesterday the public finally got to see the full text of an infamous Department of Justice memorandum from March 2003 designed to authorize torture. I will have some more comments on this odious document authored by John Yoo, a man who (amazingly) teaches at a prominent law school. But this disclosure serves as a fitting introduction for the publication today of Philippe Sands’s article “The Green Light” in Vanity Fair. The article is a teaser for Sands’s forthcoming book, set for release later this month, The Torture Team." ... "We’ve all heard ad nauseam the [Republican President Bush] Administration’s official torture narrative. This is a different kind of war, they argue. Each invocation of “different” is to a clear point: the [Republican President Bush] Administration wishes to pursue its war unfettered by the laws of war. Unfettered, indeed, by any form or notion of law. But Sands’s work is important because he has looked carefully at the chronology: what came first, the decision to use torture techniques, or the legal rationale for them?"

"[Alberto] Gonzales and [William] Haynes laid out their case with considerable care. The only flaw was that every element of the argument contained untruths. The real story, pieced together from many hours of interviews with most of the people involved in the decisions about interrogation, goes something like this: The Geneva decision was not a case of following the logic of the law but rather was designed to give effect to a prior decision to take the gloves off and allow coercive interrogation; it deliberately created a legal black hole into which the detainees were meant to fall. The new interrogation techniques did not arise spontaneously from the field but came about as a direct result of intense pressure and input from Rumsfeld’s office. The Yoo-[Jay]Bybee Memo was not simply some theoretical document, an academic exercise in blue-sky hypothesizing, but rather played a crucial role in giving those at the top the confidence to put pressure on those at the bottom. And the practices employed at Guantánamo [Cuba] led to abuses at Abu Ghraib [Iraq]." ... "The fingerprints of the most senior lawyers in the administration were all over the design and implementation of the abusive interrogation policies. [David] Addington, Bybee, Gonzales, Haynes, and Yoo became, in effect, a torture team of lawyers, freeing the administration from the constraints of all international rules prohibiting abuse."

Secret - Dick Cheney - David Addington - Government - Archives - Law - Politics - "Challenging Cheney: A National Archives official reveals what the veep wanted to keep classified--and how he tried to challenge the rules." ... "J. William Leonard learned the hard way the perils of questioning [Republican] Vice President Dick Cheney. The veteran National Archives official challenged claims by the Office of Vice President (OVP) to be exempt from federal rules governing classified information. His efforts touched off a firestorm—and a counter-strike by Cheney's chief of staff, David Addington, who tried to wipe out Leonard's job." ... "Now, Leonard is quitting as director of the Archives' Information Security Oversight Office (ISOO)—the unit that monitors the handling of government secrets. He tells NEWSWEEK that his fight with Cheney's office was a "contributing" factor in his decision to retire after 34 years of government service." ... "Leonard-described by National Archivist Allen Weinstein as "the gold standard of information specialists in the federal government"-spoke to NEWSWEEK's Michael Isikoff." ... "[Newsweek:] So how did matters escalate?" ... "[J William Leonard:] The challenge arose last year when the Chicago Tribune was looking at [ISOO's annual report] and saw the asterisk [reporting that it contained no information from OVP] and decided to follow up. And that's when the spokesperson from the OVP made public this idea that because they have both legislative and executive functions, that requirement doesn't apply to them.…They were saying the basic rules didn't apply to them. I thought that was a rather remarkable position.  So I wrote my letter to the Attorney General [asking for a ruling that Cheney's office had to comply.] Then it was shortly after that there were [email] recommendations [from OVP to a National Security Council task force] to change the executive order that would effectively abolish [my] office." ... "[Newsweek:] Who wrote the emails?" ... "[J William Leonard:] It was David Addington." (1, 2, 3) -By Michael Isikoff -Newsweek 

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Secret - Alberto R Gonzales - David S Addington - Dick Cheney - Harriet E Miers - Torture - War - Crimes - Tapes - Censorship - Law - Politics - Military - Government - Intelligence - Terrorism - History - US - Iraq - "Bush Lawyers Discussed Fate of C.I.A.Tapes." ... "At least four top [Republican President Bush] White House lawyers took part in discussions with the Central Intelligence Agency between 2003 and 2005 about whether to destroy videotapes showing the secret interrogations of two operatives from Al Qaeda, according to current and former administration and intelligence officials." ... "The accounts indicate that the involvement of White House officials in the discussions before the destruction of the tapes in November 2005 was more extensive than [Republican President] Bush administration officials have acknowledged." ... "Those who took part, the officials said, included Alberto R. Gonzales, who served as White House counsel until early 2005; David S. Addington, who was the counsel to [Republican] Vice President Dick Cheney and is now his chief of staff; John B. Bellinger III, who until January 2005 was the senior lawyer at the National Security Council; and Harriet E. Miers, who succeeded Mr. Gonzales as White House counsel." ... "It was previously reported that some administration officials had advised against destroying the tapes, but the emerging picture of White House involvement is more complex. In interviews, several administration and intelligence officials provided conflicting accounts as to whether anyone at the White House expressed support for the idea that the tapes should be destroyed." ... "One former senior intelligence official with direct knowledge of the matter said there had been “vigorous sentiment” among some top White House officials to destroy the tapes. The former official did not specify which White House officials took this position, but he said that some believed in 2005 that any disclosure of the tapes could have been particularly damaging after revelations a year earlier of abuses at Abu Ghraib prison in Iraq." ... "The current and former officials also provided new details about the role played in November 2005 by Jose A. Rodriguez Jr., then the chief of the agency’s clandestine branch, who ultimately ordered the destruction of the tapes." ... "The officials said that before he issued a secret cable directing that the tapes be destroyed, Mr. Rodriguez received legal guidance from two C.I.A. [Central Intelligence Agency] lawyers, Steven Hermes and Robert Eatinger. The officials said that those lawyers gave written guidance to Mr. Rodriguez that he had the authority to destroy the tapes and that the destruction would violate no laws." ... "Current and former officials said the two lawyers informed the C.I.A.’s top lawyer, John A. Rizzo, about the legal advice they had provided." (1, 2) -By Mark Mazzetti and Scott Shane with contributions by David Johnston -NYTimes 

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Alberto R Gonzales - David S Addington - Dick Cheney - John Yoo - Secret - Torture - War Crimes - Law - Politics - Terrorism - Government - Intelligence - Prison - Psychological - Health - Human Rights - US - World - History - "Secret U.S. Endorsement of Severe Interrogations." ... "When the Justice Department publicly declared torture “abhorrent” in a legal opinion in December 2004, the [Republican President] Bush administration appeared to have abandoned its assertion of nearly unlimited presidential authority to order brutal interrogations." ... "But soon after Alberto R. Gonzales’s arrival as attorney general in February 2005, the Justice Department issued another opinion, this one in secret. It was a very different document, according to officials briefed on it, an expansive endorsement of the harshest interrogation techniques ever used by the Central Intelligence Agency." ... "The new opinion, the officials said, for the first time provided explicit authorization to barrage terror suspects with a combination of painful physical and psychological tactics, including head-slapping, simulated drowning and frigid temperatures." ... "Mr. Gonzales approved the legal memorandum on “combined effects” over the objections of James B. Comey, the deputy attorney general, who was leaving his job after bruising clashes with the White House. Disagreeing with what he viewed as the opinion’s overreaching legal reasoning, Mr. Comey told colleagues at the department that they would all be “ashamed” when the world eventually learned of it." ... "Later that year, as Congress moved toward outlawing “cruel, inhuman and degrading” treatment, the Justice Department issued another secret opinion, one most lawmakers did not know existed, current and former officials said. The Justice Department document declared that none of the C.I.A. interrogation methods violated that standard." ... "The classified opinions, never previously disclosed, are a hidden legacy of [Republican] President Bush’s second term and Mr. Gonzales’s tenure at the Justice Department, where he moved quickly to align it with the White House after a 2004 rebellion by staff lawyers that had thrown policies on surveillance and detention into turmoil." ... "Associates at the Justice Department said Mr. Gonzales seldom resisted pressure from [Republican] Vice President Dick Cheney and David S. Addington, Mr. Cheney’s counsel, to endorse policies that they saw as effective in safeguarding Americans, even though the practices brought the condemnation of other governments, human rights groups and Democrats in Congress. Critics say Mr. Gonzales turned his agency into an arm of the Bush White House, undermining the department’s independence." ... "The interrogation opinions were signed by Steven G. Bradbury, who since 2005 has headed the elite Office of Legal Counsel at the Justice Department. He has become a frequent public defender of the National Security Agency’s domestic surveillance program and detention policies at Congressional hearings and press briefings, a role that some legal scholars say is at odds with the office’s tradition of avoiding political advocacy." ... "The Bush administration had entered uncharted legal territory beginning in 2002, holding prisoners outside the scrutiny of the International Red Cross and subjecting them to harrowing pressure tactics. They included slaps to the head; hours held naked in a frigid cell; days and nights without sleep while battered by thundering rock music; long periods manacled in stress positions; or the ultimate, waterboarding." ... "Never in history had the United States authorized such tactics. While President Bush and C.I.A. officials would later insist that the harsh measures produced crucial intelligence, many veteran interrogators, psychologists and other experts say that less coercive methods are equally or more effective." ... "With virtually no experience in interrogations, the C.I.A. had constructed its program in a few harried months by consulting Egyptian and Saudi intelligence officials and copying Soviet interrogation methods long used in training American servicemen to withstand capture. The agency officers questioning prisoners constantly sought advice from lawyers thousands of miles away." ... "“We were getting asked about combinations — ‘Can we do this and this at the same time?’” recalled Paul C. Kelbaugh, a veteran intelligence lawyer who was deputy legal counsel at the C.I.A.’s Counterterrorist Center from 2001 to 2003." ... "Mr. Kelbaugh said the questions were sometimes close calls that required consultation with the Justice Department. But in August 2002, the department provided a sweeping legal justification for even the harshest tactics." ... "That opinion, which would become infamous as “the torture memo” after it was leaked, was written largely by John Yoo, a young Berkeley law professor serving in the Office of Legal Counsel." ... "Mr. Yoo’s memorandum said no interrogation practices were illegal unless they produced pain equivalent to organ failure or “even death.”" (1, 2, 3, 4, 5) -By Scott Shane, David Johnston, and James Risen -NYTimes

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US - International - Dick Cheney - Secret - Military - Surveillance - Telecommunications - E-Mail - Companies - Intelligence - Law - History - Politics - "Panel pushes for files on spy program: White House, Cheney get subpoenas." ... "The Senate Judiciary Committee yesterday issued subpoenas to the Bush administration for documents related to its warrantless surveillance program, elevating a long-simmering dispute between Congress and the [Republican] White House over classified national-security information into a possible constitutional showdown." ... "Specifically, the committee is seeking documents related to White House authorization and reauthorization of the warrantless surveillance program, internal memos analyzing whether the surveillance is legal, agreements with telecommunications companies that assisted in the spying, orders by a secret national-security court regarding the program, and papers concerning [Republican] President Bush's decision to shut down an in-house Justice Department investigation related to the program." ... "The program dates to the weeks after the terrorist attacks of Sept. 11, 2001, when [Republican President George] Bush signed an order authorizing the military's National Security Agency to monitor Americans' international phone calls and e-mails without a judge's approval." ... "A 1978 statute makes it a felony to conduct such surveillance without a warrant, but the president's legal team secretly asserted that his wartime powers include an unwritten right to bypass such laws at his own discretion. Cheney and his counsel, David Addington , were the leading proponents of the program and the controversial legal theory supporting it, former administration lawyers have said." ... "The Justice Department's Office of Professional Responsibility, which polices compliance with legal ethics, opened an investigation into whether department lawyers knowingly signed off on a faulty interpretation of the law to give the program legal cover. But Bush shut down the investigation by refusing to grant the office security clearance." -By Charlie Savage -Boston/Globe

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Noteworthy - US - Guantanamo Bay - Cuba - Military - Intelligence - Torture - Terrorism - Prison - Religion - People - War Crimes - Law Enforcement -Politics - "Can the '20th hijacker' of Sept. 11 stand trial? Aggressive interrogation at Guantanamo may prevent his prosecution." ... "Mohammed al-Qahtani, detainee No. 063, was forced to wear a bra. He had a thong placed on his head. He was massaged by a female interrogator who straddled him like a lap dancer. He was told that his mother and sisters were whores. He was told that other detainees knew he was gay. He was forced to dance with a male interrogator. He was strip-searched in front of women. He was led on a leash and forced to perform dog tricks. He was doused with water. He was prevented from praying. He was forced to watch as an interrogator squatted over his Koran." ... "That much is known. These details were among the findings of the U.S. Army's investigation of al-Qahtani's aggressive interrogation at Guantanamo Bay, Cuba." ... "But only now is a picture emerging of how the interrogation policy developed, and the battle that law enforcement agents waged, inside Guantanamo and in the offices of the Pentagon, against harsh treatment of al-Qahtani and other detainees by military intelligence interrogators." ... "In interviews with MSNBC.com - the first time they have spoken publicly -former senior law enforcement agents described their attempts to stop the abusive interrogations. The agents of the Pentagon's Criminal Investigation Task Force, working to build legal cases against suspected terrorists, said they objected to coercive tactics used by a separate team of intelligence interrogators soon after Guantanamo's prison camp opened in early 2002. They ultimately carried their battle up to the office of Secretary of Defense Donald H. Rumsfeld, who approved the more aggressive techniques to be used on al-Qahtani and others." ... "Although they believed the abusive techniques were probably illegal, the Pentagon cops said their objection was practical. They argued that abusive interrogations were not likely to produce truthful information, either for preventing more al-Qaida attacks or prosecuting terrorists." ... "And they described their disappointment when military prosecutors told them not to worry about making a criminal case against al-Qahtani, the suspected "20th hijacker" of Sept. 11, because what had been done to him would prevent him from ever being put on trial." ... "Defense Department e-mails seen by MSNBC.com show that a delegation visiting Guantanamo on Sept. 25, 2002, included Alberto R. Gonzales, then the White House counsel and now attorney general; David S. Addington, legal counsel to Vice President Dick Cheney, now his chief of staff; Timothy E. Flanigan, the deputy White House counsel; William Haynes III, the Pentagon general counsel; Larry Thompson, then deputy attorney general; Christopher A. Wray, the principal associate deputy attorney general, now head of Criminal Division at the Justice Department; and John Yoo, a lawyer in the Justice Department's Office of Legal Counsel, who reportedly had just helped write an Aug. 1, 2002, "torture memo" to Gonzales, defining torture narrowly as causing pain equivalent to organ failure or death." ... "The visiting VIPs met with Gen. Dunlavey and his staff, but not with any of the law enforcement investigators who opposed the aggressive interrogations." ... "Under the Military Commissions Act signed last week by President Bush, statements made under torture would not be admissible in a military trial." ... "But the law says a military judge could accept statements made under coercion. A court may have to decide which category, torture or coercion, encompasses such techniques as a fake trip to Egypt, sleep deprivation, and being forced to do dog tricks. The new law also extends legal protection from prosecution for war crimes to any U.S. personnel who used coercive tactics, if they believed in good faith that what they were doing was lawful." (1, 2, 3, 4) -By Bill Dedman -MSNBC

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Noteworthy -Cheney - Terrorism - Libby -US - Colombia - Military - Science - Politics - "Cheney aide is screening legislation: Adviser seeks to protect Bush power." ... "The office of Vice President Dick Cheney routinely reviews pieces of legislation before they reach the president's desk, searching for provisions that Cheney believes would infringe on presidential power, according to former White House and Justice Department officials." ... "The officials said Cheney's legal adviser and chief of staff, David Addington, is the Bush administration's leading architect of the ``signing statements" the president has appended to more than 750 laws. The statements assert the president's right to ignore the laws because they conflict with his interpretation of the Constitution." ... "The Bush-Cheney administration has used such statements to claim for itself the option of bypassing a ban on torture, oversight provisions in the USA Patriot Act, and numerous requirements that they provide certain information to Congress, among other laws." ... "Using signing statements, the administration has challenged more laws than all previous administrations combined." ... "Addington played a major role in shaping the administration's legal policies in the war on terrorism, including a 2002 memo arguing that Bush could authorize interrogators to bypass anti torture laws. In October, when Cheney's former chief of staff, I. Lewis ``Scooter" Libby, was indicted for perjury and resigned, Cheney replaced Libby with Addington." ... "In addition to the torture ban and oversight provisions of the Patriot Act, the laws Bush has claimed the authority to disobey include restrictions against US troops engaging in combat in Colombia, whistle-blower protections for government employees, and safeguards against political interference in taxpayer-funded research." ... "Mainstream legal scholars across the political spectrum reject Cheney's expansive view of presidential authority, saying the Constitution gives Congress the power to make all rules and regulations for the military and the executive branch and the Supreme Court has consistently upheld laws giving bureaucrats and certain prosecutors the power to act independently of the president." -By Charlie Savage -Boston/Globe

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