http://www.opednews.com/articles/genera_jason_le_080403_death_of_prisoner_ju.htmMary Walker, the former Air Force general counsel, received an urgent memo from the Pentagon's top attorney on Jan. 17, 2003. Attached to the classified document was a set of directives drafted two days earlier by then-Secretary of Defense Donald Rumsfeld.
"Establish a working group within the Department of Defense to assess the legal, policy and operational issues relating to the interrogations of detainees held by the U.S. Armed Forces in the war on terrorism," a copy of the memo said. "The working group should address and make recommendations as warranted on the following issues: legal considerations raised by detainees held by U.S. Armed Forces. Policy considerations with respect to the choice of interrogation techniques, including, contribution to intelligence collection, effect on treatment of captured U.S. military personnel, effect on detainee prosecutions, historical role of U.S. armed forces in conducting interrogations, recommendations for employment of particular interrogation techniques by
interrogators."
Earlier this week, the Defense Department turned over an 81-page document to the American Civil Liberties Union in a Freedom of Information Act lawsuit that provides further insight into the extraordinary executive branch powers granted to President George W. Bush following the 9/11 attacks. John Yoo, a former deputy in the Justice Department’s Office of Legal Counsel who had also written the August 2002 legal opinion widely referred to as the “Torture Memo”, drafted the document, dated March 14, 2003. The August 2002 memo provided CIA interrogators with the legal authority to use long-outlawed tactics, such as waterboarding, when interrogating so-called high-level terrorist detainees.
Yoo's March 14, 2003 memo, declassified Tuesday, essentially provided military interrogators with legal cover in the event that they resorted to brutal and violent methods to extract information from prisoners. It is virtually identical to the memo he prepared for CIA interrogators.
"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," Yoo wrote. "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."
But the legal opinion, rescinded in early 2004, was not entirely the work of Yoo.
In early January 2003, commanders stationed at Guantanamo Bay prison in Cuba complained to Rumsfeld that military officials were unable to glean information from prisoners about alleged terrorist plots in the US and abroad using conventional interrogation methods. Following his conversation with military officials, on Jan. 15, 2003, Rumsfeld sent William Haynes II, the Pentagon's general counsel, a memo requesting that he form a "working group" to determine what methods military interrogators could use to extract information from a prisoner at Guantanamo Bay. Haynes asked the DOJ's Office of Legal Counsel for guidance and selected Walker to chair a "working group" to write a report on legally permissible interrogation techniques. The members of the group included former Undersecretary of Defense for policy Douglas Feith, officials from the Defense Intelligence Agency officials, the Joint Chiefs of Staff, and judge advocate generals (JAG's) from all four branches of the military.
SEE LINKS AT ORIGINAL ARTICLE
Authors Bio: Jason Leopold is the author of the National Bestseller, "News Junkie," a memoir. Visit www.newsjunkiebook.com for a preview. He is also a two-time winner of the Project Censored award, most recently, in 2007, for an investigative story related to Halliburton's work in Iran. He was recently named the recipient of the Military Religious Freedom Foundation’s Thomas Jefferson Award for a series of stories he wrote that exposed how soldiers in Iraq and Afghanistan have been pressured to accept fundamentalist Christianity. Leopold is working on a new nonprofit online publication, expected to launch soon.