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Alberto Gonzales: CIA Exempt From Humane Treatment Policy

The vote on Alberto Gonzales confirmation as Attorney General has been postponed until next week. Democrats say he hasn't finished answering their questions. In related news, the latest documents disclosed by the White House show that Gonzales signed off on memos that said:

Officers of the Central Intelligence Agency and other nonmilitary personnel fall outside the bounds of a 2002 directive issued by President Bush that pledged the humane treatment of prisoners in American custody.

and,

... a separate Congressional ban on cruel, unusual and inhumane treatment had "a limited reach" and did not apply in all cases to "aliens overseas."

Presumably, "overseas" includes Guantanamo. Here's the import of the new disclosures:

Mr. Gonzales's acknowledgment in the written statements that the White House did not consider the C.I.A. bound by the same rules as military personnel is significant because the intelligence agency has carried out some of the government's most aggressive and controversial interrogation tactics in interviewing "high value" terror suspects. These techniques include "water boarding," in which interrogators make it appear that the suspect will be drowned.

Martin Lederman, a former Justice Department lawyer who has analyzed the administration's legal positions on treatment of prisoners, said the documents released Tuesday made it clear that the White House had carved an exemption for the C.I.A. in how it goes about interrogating terror suspects, allowing the agency to engage in conduct outside the United States that would be unconstitutionally abusive within its borders. Although the C.I.A. has been largely bound by Congressional bans on torture, Mr. Lederman said that standard was more permissive than the 2002 directive from Mr. Bush.

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    Officers of the Central Intelligence Agency and other nonmilitary personnel fall outside the bounds of a 2002 directive issued by President Bush that pledged the humane treatment of prisoners in American custody. It's quite possibly the right interpretation of Bush's directive. OTOG, humane treatment of all prisoners is already required by international and US law, including the Geneva Conventions and the federal War Crimes statute implementing them in US law, the Convention Against Torture and the US federal statute implementing that agreement in US law, etc. So whether or not the Presidential directive applies is irrelevant as to whether or not the conduct is criminal (although the President specifically and deliberately excluding some parts of the government from an order to comply with the law might be taken as evidence of Presidential complicity in the wrongdoing).

    Re: Alberto Gonzales: CIA Exempt From Humane Treat (none / 0) (#2)
    by Che's Lounge on Wed Jan 19, 2005 at 10:38:57 AM EST
    "I didn't break the law. I AM THE LAW!" George Dredd

    Re: Alberto Gonzales: CIA Exempt From Humane Treat (none / 0) (#3)
    by Darryl Pearce on Wed Jan 19, 2005 at 11:25:24 AM EST
    ...sinners in the hands of an angry god.

    LoL at your link, Darryl. That dog looks scared! Re: this posting. I'd like to say something intelligent and compelling but my brain doth overflow with expletives. Godd**m MF***ers.

    Re: Alberto Gonzales: CIA Exempt From Humane Treat (none / 0) (#5)
    by desertswine on Wed Jan 19, 2005 at 12:41:50 PM EST
    Darryl Pearce: Please give warning if you're going to have a picture of the disgusting one coming up.

    What a delicious irony: the lawyer-in-chief parsing the law so as to deny due process of law, while denying that he is doing just that. What an amazing legal gymnast!