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New U.S. Memo Backs Off Torture Arguments







New U.S. Memo Backs Off Torture
Arguments

New U.S. Memo Backs Off Torture
Arguments
12/31/2004 06:48 PM

The Justice Department said President Bush could ignore domestic and international prohibitions against torture in the name of national security.




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New U.S. Memo Backs Off Torture Arguments

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Discourse.net: OLC's Aug. 1, 2002
Torture Memo ("the Bybee Memo")


Discourse.net: OLC's Aug. 1, 2002
Torture Memo ("the Bybee Memo")
06/14/2004 11:23 AM
Discourse.net: OLC's Aug. 1, 2002 Torture Memo ("the Bybee Memo") .. there in an official government document

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" OLC?s Aug. 1, 2002 Torture Memo (?the
Bybee Memo?)"


" OLC?s Aug. 1, 2002 Torture Memo (?the
Bybee Memo?)"
06/18/2004 12:29 AM

U.S. Memo Broadens Definition of Torture
(AP)


U.S. Memo Broadens Definition of Torture
(AP)
12/31/2004 08:43 PM
AP - A prisoner doesn't have to undergo excruciating pain to be considered a victim of torture, the Justice Department now says. But it's not clear whether this revised, broader definition of torture will change the treatment of foreign detainees.

Justice memo redefines torture


Justice memo redefines torture 12/31/2004 06:32 PM
Xeni Jardin: The US Justice Department has released a new memo that revises and broadens the definition of torture, replacing a 2002 memo that justified its use to protect national security.
The 17-page document states flatly that torture violates U.S. and international law and omits 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.

"Consideration of the bounds of any such authority would be inconsistent with the president's unequivocal directive that United States personnel not engage in torture," said the memo from Daniel Levin, acting chief of the Office of Legal Counsel, to Deputy Attorney General James Comey.

Critics in Congress and many legal experts say the original documents set up a legal framework that led to abuses at the Abu Ghraib prison in Iraq, in Afghanistan and at the U.S. prison camp for terror suspects at Guantanamo Bay, Cuba. After the Iraqi prison abuses came to light, the Justice Department in June disavowed its previous legal reasoning and set to work on the replacement document to be released Friday. The Justice Department memo, dated Thursday, was released less than a week before the Senate Judiciary Committee is to consider President Bush's nomination of his chief White House counsel, Alberto Gonzales, to replace John Ashcroft as attorney general.

Link to CBS News story (thanks, Scott Hille), Li nk to NPR (audio) coverage, WaPo, Guardian.

Iraq torture memo primer


Iraq torture memo primer 06/27/2004 07:30 PM
A helpful timeline and overview of government memoranda related to the mistreatment and torture of wartime detainees, from the New York Times . Link bypassing NYT's dumb-as-a-stump site registration

"another brilliant analysis of the
significance of the torture memo"


"another brilliant analysis of the
significance of the torture memo"
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Gonzales to Face Senate on Torture Memo
(AP)


Gonzales to Face Senate on Torture Memo
(AP)
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AP - Attorney General nominee Alberto Gonzales, bracing for tough questions from lawmakers about his role in the Bush administration's decision to allow aggressive interrogations of terrorism detainees, is pledging to abide by treaties that ban torture of prisoners.

Memo Offered Justification for Use of
Torture (washingtonpost.com)


Memo Offered Justification for Use of
Torture (washingtonpost.com)
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washingtonpost.com - In August 2002, the Justice Department advised the White House that torturing al Qaeda terrorists in captivity abroad "may be justified," and that international laws against torture "may be unconstitutional if applied to interrogations" conducted in President Bush's war on terrorism, according to a newly obtained memo.

Ashcroft Refuses to Discuss Torture Memo


Ashcroft Refuses to Discuss Torture Memo 06/08/2004 11:31 PM
refused to allow .. LINK-NYT

washingtonpost.com/wp-dyn/articles/A24867-2004Jun8.html
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Justice Issues Rewritten Memo on Torture
(AP)


Justice Issues Rewritten Memo on Torture
(AP)
12/30/2004 11:48 PM
AP - The Justice Department is issuing a rewritten legal memo on the meaning of torture, backing away from its own assertions prior to the Iraqi prison abuse scandal that torture had to involve "excruciating and agonizing pain."

U.S. Replaces Memo on Torture with New
Guidelines (Reuters)


U.S. Replaces Memo on Torture with New
Guidelines (Reuters)
12/31/2004 01:14 AM
Reuters - The U.S. Justice Department released a new memo on Friday to replace a controversial document outlining how to avoid violating U.S. and international terror statutes while interrogating prisoners.

Justice Dept. repudiates memo on torture


Justice Dept. repudiates memo on torture 06/23/2004 10:59 AM

"full Defense Department "torture memo""


"full Defense Department "torture memo"" 06/11/2004 03:17 AM

Memo on Torture Draws Focus to Bush
(washingtonpost.com)


Memo on Torture Draws Focus to Bush
(washingtonpost.com)
06/10/2004 06:06 AM
John Ashcroft

washingtonpost.com/wp-dyn/articles/A26401-2004Jun8.html
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Memo Says Bush Not Restricted by Torture
Bans (Reuters)


Memo Says Bush Not Restricted by Torture
Bans (Reuters)
06/08/2004 06:27 PM
Reuters - President Bush, as commander-in-chief, is not restricted by U.S. and international laws barring torture, Bush administration lawyers stated in a March 2003 memorandum.

Author of '02 Memo on Torture: 'Gentle'
Soul for a Harsh Topic


Author of '02 Memo on Torture: 'Gentle'
Soul for a Harsh Topic
06/23/2004 11:41 PM
Some of the officials who received the memo worked diligently to elevate the author, Jay S. Bybee, to the federal bench.

"The Smoking Memo: Proof that approval
of torture goes up the Chain of Command"


"The Smoking Memo: Proof that approval
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BitTorrent of Daily Show on Ashscroft's
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A Boing Boing reader sez: John Stewart tears Ashcroft a new one over the torture legalizing memo. And it's funny." Link

Report: Justice Dept. Memo Offers Basis
for Torture (Reuters)


Report: Justice Dept. Memo Offers Basis
for Torture (Reuters)
06/07/2004 11:35 PM
Reuters - The U.S. Justice Department offered justification for the use of torture against al Qaeda detainees in an August 2002 memo to the White House, The Washington Post reported on Tuesday.

Discourse.net: Apologia Pro Tormento:
Analyzing the First 56 Pages of the
Walker Working Group Report (aka the
Torture Memo)


Discourse.net: Apologia Pro Tormento:
Analyzing the First 56 Pages of the
Walker Working Group Report (aka the
Torture Memo)
06/10/2004 03:24 AM
Legal debate on the memo, which first year law students ridicule .. providing a thoughtful analysis .. Click

discourse.net/archives/2004/06/apologia_pro_tormento_analyzing _the_first_56_pages_of_the_walker_working_group_report_aka_the_torture _memo.html
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People’s Opinion Project Launches Its
First Internet Petition - ‘Anti Torture
Laws Negotiable? Never - Undo the
Gonzales Memo’


People’s Opinion Project Launches Its
First Internet Petition - ‘Anti Torture
Laws Negotiable? Never - Undo the
Gonzales Memo’
06/24/2004 05:04 AM
The People’s Opinion Project (POP) launched on June 22, 2004 an email campaign that will send President George Bush a clear message that the people of America are not willing to use torture as a means of securing liberty. The POP is an organization committed to encouraging and informing dialogue around American policy in the Middle East. [PRWEB Jun 24, 2004]

Torture and Rumors of Torture: Archive
Entry From Brad DeLong's Webjournal


Torture and Rumors of Torture: Archive
Entry From Brad DeLong's Webjournal
06/12/2004 04:45 AM
Seymour Hersh Talks of Child Torture, Looks Frightened .. The scariest part .. getting E-mail .. How low? .. Click

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"the President of the United States is
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torture and anyone he orders to torture
another could not be prosecuted"


"the President of the United States is
not bound by laws banning the use of
torture and anyone he orders to torture
another could not be prosecuted"
06/08/2004 08:23 PM

Thieves Fall Out in the Bush
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Thieves Fall Out in the Bush
Administration Over American Torture in
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Happened at Gitmo and in Afghanistan
Too. Don't Kid Yourself. 5/6
05/06/2004 10:04 AM
Bush Privately Chides Rumsfeld (washingtonpost.com) .. The Washington Post

washingtonpost.com/wp-dyn/articles/A5733-2004May5.html
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More Appalling Iraqi Torture Photos
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But It Should. America is Disgraced and
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05/06/2004 04:44 AM

washingtonpost.com/wp-dyn/articles/A5623-2004May5.html
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Torture and Truth and The Logic of
Torture


Torture and Truth and The Logic of
Torture
06/04/2004 03:58 PM
Torture and Truth and The Logic of Torture--Mark Danner writes about Article 15-6 Investigation of the 800th Military Police Brigade (The Taguba Report) and Report of the International Committee of the Red Cross (ICRC) on the Treatment by the Coalition Forces of Prisoners of War and Other Protected Persons by the Geneva Conventions in Iraq During Arrest, Internment and Interrogation in the former and concludes thusly in the latter:

Behind the exotic brutality so painstakingly recorded in Abu Ghraib, and the multiple tangled plotlines that will be teased out in the coming weeks and months about responsibility, knowledge, and culpability, lies a simple truth, well known but not yet publicly admitted in Washington: that since the attacks of September 11, 2001, officials of the United States, at various locations around the world, from Bagram in Afghanistan to Guantanamo in Cuba to Abu Ghraib in Iraq, have been torturing prisoners.   (More Within)

Arguments


Arguments 07/23/2004 11:08 AM
I didn't have time to read all the Things My Girlfriend and I Have Argued About, but it seems to capture a side of life a little too accurately. And compulsively. (Thanks to Mike O for the link.)...

Search Arguments Used in Adsense


Search Arguments Used in Adsense 10/29/2003 01:14 AM
"I just added the argument?srcheng=foo to a page previously showing international travel related adsense..."

Tripping on their own feeble arguments


Tripping on their own feeble arguments 02/01/2005 09:42 PM
The Social Security debate continues to be infuriating. Pardon me while I release some smoke from the top of my pate.

There are a number of strange arguments floating around out there as part of the desperate effort to try to get the American people to buy President Bush's Social Security pig-in-a-fiscal-poke. Something happens when you put these arguments side by side: They undermine one another.

Consider, if you will, this comment from someone named Craig on my most recent Social Security post. As far as I can tell, Craig has cut-and-pasted big chunks of long quotes from two different Washington Times columns into his comment, one by Thomas Sowell and another by John Palffy. (I'll write off the failure to attribute these quotes to oversight since the commenter does say "Please read the following info.")

Sowell argues that the Social Security Trust Fund is a mere "legal and accounting fiction" because one arm of the government is putting its excess cash into the hands of another, in the form of the IOUs known as Treasury bonds. As I and others keep noting, the idea that Treasury bonds are mere fictions is one that would be news to the vast number of institutions and individuals around the world who consider them the bluest of blue chip investments. What this argument really says is that the government doesn't have to make good on those bonds -- they're just a "fiction" -- when they're purchased with our Social Security taxes, set aside to handle the future shortfalls of the system, and held in trust for the retirements of America's working people. The U.S. government would never default on the bonds purchased by another country's central bank -- but hey, if the American people put their retirement money in such a form, the government is sure to renege on the debt. We're so sure it's going to renege that we're getting ready to ditch the most successful and beloved U.S. government program in history.

Why will the government default? Apparently, we're to believe, because it can. "Liberals are desperate to keep Social Security as it is, because that would mean they can continue spending your money as they see fit," Sowell writes. Funny, though; the money was fine until Bush's conservatives started cutting taxes four years ago. "Our money" was frittered away not by "liberals" but by the current administration -- on dividend tax cuts, estate tax cuts, wars of choice and other elective policies. Those policies could be reversed as easily, maybe more easily, than privatizing Social Security.

But this all gets more interesting in the second half of Craig's post, where he moves from Sowell's argument to Palffy's. Palffy wants us to put aside the silly notion that privatization means our retirement funds will be at risk. How foolish to imagine that there is any reason to worry about placing Social Security money in private markets rather than in the government's hands! But since the pesky AARP is stirring up those excitable seniors again, Palffy has a plan to soothe our graying hairs: Why, we can require that all those private (excuse me, "personal") accounts invest their money in one safe place. That ultra-reliable investment? Inflation-protected Treasury bonds!

So much for the idea that private accounts restore free-market choice. Under this plan, Social Security pretty much remains exactly the same, except that there are little chunks of money in Treasury bonds that have our names on them instead of one big chunk of bonds with Social Security's name on it. The government is still holding all that money for us, and if we're to believe Sowell and his ilk, the government can't resist getting its greedy Big Government paws on any money in sight, so there's just as much reason under the new plan as under the existing one to expect the perfidious liberals in Congress (despite their minority status!) to default on its obligations.

This round-trip doesn't get us very far at all, does it? The spinning is desperate, contradictory, ultimately inane. That's what happens when your stated plans of "reform" don't match your actual goal (eliminating Social Security). Or maybe the Washington Times' columnists, and their advocates among the population of blog commenters, need new marching orders from the White House: They did such a good job on the "private/personal" switcheroo.

In the end, there's one thing I can agree with the conservatives on: Social Security is only as safe as the lawmakers in Washington allow it to be. Sowell & co. say we must fear because we can't trust the government to keep Social Security afloat. But the government he is telling us will betray Social Security isn't in the hands of the "liberals" upon whom his finger points. It is the Bush administration that has endangered Social Security, and it is the Bush administration that now wishes to end Social Security as we know it. It may get its way. But let's make sure the American people understand who's responsible for the ensuing debacle.

Homework causes family arguments


Homework causes family arguments 02/10/2004 02:55 AM
Homework causes so much stress in families it can do more harm than good, says research.

Arguments against Capital Punishment


Arguments against Capital Punishment 07/19/2004 01:08 PM
While reading the news recently, I have found two things that depress me more than any others. They make me doubt my faith in human nature. They are (1) the crimes people commit; and (2) the desire for vengeance of the victims. That (2) depresses me as much as (1) has led to several heated arguments with friends and family. Therefore I should like to set down the major reasons why I believe capital punishment to be a fundamentally Bad Idea. There are the usual arguments. "Capital punishment is the mark of barbarism", "Deterrence doesn't work", "We routinely convict innocent people", etcetera. These are all valid. They are not the arguments that affect me the most. I prefer the (not-so-simple) calculus of the general good. In other words, can we arrive at a punishment that is constructive for the society that administers it, instead of arbitrarily causing more harm? In light of this, I propose the following arguments: Two Wrongs Don't Make a Right Vengeance Is Not Restitution The Paradox of 'Restitution'

Oracle, U.S. Present Closing Arguments
(AP)


Oracle, U.S. Present Closing Arguments
(AP)
07/20/2004 09:09 PM
AP - Delivering the final blows in an often-dramatic legal battle, Oracle Corp. and the Justice Department sparred again Tuesday as they summed up the fine points of a pivotal trial challenging the software maker's $7.7 billion takeover bid for rival PeopleSoft Inc.

Oracle, DOJ Present Closing Arguments


Oracle, DOJ Present Closing Arguments 07/20/2004 09:36 PM
Delivering the final blows in an often-dramatic legal battle, Oracle and the Justice Department sparred again as they summed up the fine points of a pivotal trial challenging the software maker's $7.7 billion takeover bid for rival PeopleSoft.

Judge hears Novell-SCO arguments


Judge hears Novell-SCO arguments 05/12/2004 09:50 AM
ZDNet May 12 2004 2:12PM GMT

Arguments due in MS antitrust settlement
appeal


Arguments due in MS antitrust settlement
appeal
11/04/2003 01:23 PM
A Washington, D.C. appeals court is set to hear oral arguments Tuesday over whether the U.S. government's antitrust settlement with Microsoft Corp. was adequate. Microsoft is returning to the U.S. Court of Appeals for the District of Columbia, where it has already won a smattering of favorable rulings in the U.S. government's case against it, to defend itself against an appeal of the settlement by the state of Massachusetts.

Oracle, U.S. Prepare Closing Arguments
(AP)


Oracle, U.S. Prepare Closing Arguments
(AP)
07/20/2004 04:37 PM
AP - Oracle Corp. and the Justice Department prepared Tuesday for pivotal closing arguments in the government's dramatic antitrust case challenging the software maker's $7.7 billion takeover bid for rival PeopleSoft Inc.

Scorching critique of some arguments for
copyright


Scorching critique of some arguments for
copyright
05/25/2004 10:22 AM
Mark Lemley, a UC Berkeley law prof, has just published a paper on copyright called "Ex Ante Versus Ex Post Justifications for Intellectual Property," that's a good, fast read. Lemley says that in copyright's early days, the justificaiton for the auhtor's monopoly was to give authors the incentive to crete new works, but that today, we have the "ex ante" arguments that copyright also gives authors the incentive to exploit their creations -- to make more of them once they are created -- and to "steward" them by ensuring that only good, quality derivative works enter the market.

Without saying much about the idea that copyright can be a good incentive to create, Lemley tears these other arguments for copyright to shreds, in a highly entertaining fashion:

The argument that a single company is better positioned than the market to make efficient use of an idea should strike us as jarringly counterintuitive in a market economy. Our normal supposition is that the invisible hand of the market will work by permitting different companies to compete with each other. It is competition, not the skill or incentives of any given firm, that drives the market to efficiency. Nothing about the fact that a work was once subject to copyright or patent protection should change our intuition here. It is hard to imagine Senators, lobbyists, and scholars arguing with a straight face that the government should grant one company the perpetual right to control the sale of all paper clips in the country, on the theory that otherwise no one will have an incentive to make and distribute paper clips.24 We know from long experience that companies will make and distribute paper clips if they can sell them for more than it costs to supply them. The market for paper clips functions just fine without this type of government intervention. We can also predict with some confidence that if we did grant one company the exclusive right to make paper clips, the likely result would be an increase in the price and a decrease in the supply of paper clips. Yet supporters of the CTEA confidently predict exactly the opposite in the case of copyrighted works from the 1920s.
164k PDF Link (via Freedom to Tinker)

CNN.com - Government wants ID arguments
secret - Sep 6, 2004


CNN.com - Government wants ID arguments
secret - Sep 6, 2004
09/07/2004 03:50 PM
is secret .. reports .. CNN

cnn.com/2004/LAW/09/06/airline.id.ap/index.html
track this site | 4 links


FDA to Hear Arguments Over Breast
Implants (AP)


FDA to Hear Arguments Over Breast
Implants (AP)
04/12/2005 02:31 AM
AP - Newer generations of silicone-gel breast implants are less prone to break and leak than earlier versions, argue two companies seeking an end to the nation's 13-year near-ban on the devices.
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