Dec
31
The Justice Department released a rewritten legal memo on what constitutes torture, backing away from its own assertions prior to the Iraqi prison abuse scandal that torture had to involve “excruciating and agonizing pain.”
The 17-page memo omitted two of the most controversial assertions made in now-disavowed 2002 Justice Department documents: that President Bush, as commander in chief in wartime, had authority superseding U.S. anti-torture laws and that U.S. personnel had several legal defenses against criminal liability in such cases.
The new, written-for-public-release memo is here [PDF]. The original, pro-’torture lite’ memo is here [PDF]. The definitive collection of documents relating to the interrogation scandal is here.
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