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Tuesday, June 08, 2004

Despicable

NYT; Lawyers Decided Bans on Torture Didn't Bind Bush:
"Lawyers Decided Bans on Torture Didn't Bind Bush

Administration lawyers concluded in March 2003 that the president was not bound by a treaty prohibiting torture."

A team of administration lawyers concluded in a March 2003 legal memorandum that President Bush was not bound by either an international treaty prohibiting torture or by a federal antitorture law because he had the authority as commander in chief to approve any technique needed to protect the nation's security.

The memo, prepared for Defense Secretary Donald H. Rumsfeld, also said that any executive branch officials, including those in the military, could be immune from domestic and international prohibitions against torture for a variety of reasons.

One reason, the lawyers said, would be if military personnel believed that they were acting on orders from superiors "except where the conduct goes so far as to be patently unlawful."

"In order to respect the president's inherent constitutional authority to manage a military campaign," the lawyers wrote in the 56-page confidential memorandum, the prohibition against torture "must be construed as inapplicable to interrogation undertaken pursuant to his commander-in-chief authority."


Nice to be reminded that we are a nation of laws!

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