The Justice Department Office of Legal Counsel memo on interrogation of enemy combatants that was declassified this week "exemplifies the political abuse of classification authority," Secrecy News suggested yesterday.
J. William Leonard, the nation's top classification oversight official from 2002-2007, concurred.
"The disappointment I feel with respect to the abuse of the classification system in this instance is profound," said Mr. Leonard, who recently retired as director of the Information Security Oversight Office, which reports to the President on classification and declassification policy.
"The document in question is purely a legal analysis," he said, and it contains "nothing which would justify classification."
Beyond that crucial fact, the binding technical requirements of classification were ignored.
Thus, he explained: There were no portion markings, identifying which paragraphs were classified at what level. The original classifier was not identified on the cover page by name or position. The duration of classification was not given. A concise basis for classification was not specified. Yet all of these are explicitly required by the President's executive order on classification.
"It is not even apparent that [John] Yoo [who authored the memo] had original classification authority," Mr. Leonard said.
"All too often, government officials simply assert classification. To enjoy the legal safeguards of the classification system, you need to do more than that. Those basic, elemental steps were not followed in this instance."
"Also, for the Department of Defense to declassify a Department of Justice document," as in this case, "is highly irregular," Mr. Leonard said.
(The DoD declassifier mistakenly cited "Executive Order 1958" on the cover page of the declassified memorandum. The correct citation is "Executive Order 12958, as amended.")
Violations of classification policy pale in comparison to the policy deviations authorized by the Justice Department memo, which was ultimately rescinded. Nevertheless, such classification violations are significant because they enabled the Administration to pursue its interrogation policies without independent scrutiny or accountability.
"To learn that such a document is classified has the same effect for me as waking up one morning and learning that after all these years there is a 'secret' Article IV to the Constitution that the American people did not even know about," said Mr. Leonard.
"There is no information contained in this document which gives an advantage to the enemy," he said. "The only possible rationale for making it secret was to keep it from the American people."
For additional information please visit www.FAS.org
rate
email
print
link to this page
Comments: 31
Torture is wrong, we Americans I like to think are better than the enemy who ever they may be.
And to Richard's question about God's view of acts of torture -- most people, people who believe in God, believe God disapproves of killing. Yet, we also believe that if someone is going to kill us or harm our family, God will be understanding if we kill in our own defense. Most of us believe God disapproves of lying, yet any of us would willingly, and with a clean conscience, lie to a would-be killer, to keep them from getting hold of their intended target. We believe theft is wrong, yet almost anyone would steal if it were the only way to feed their starving child.
No American in their right mind *likes* the idea of torture. But some realize that America is dealing with homicidal maniacs. It's like the old saying we all know, "desperate times call for desperate measures." And it isn't like people are being pulled apart on the rack for owning a banned book. The lives of innocents are at stake.
Plus the government which works in secret because if the ugly truth were known some of us would hang our heads in same. So Abu Grab was O.K. with you. I tell you this you'll never ever win a war with that as a policy. Did you know those you did not kill those after you have compeleted task and some how lived to tell the tell, did you know that there children will follows you and yours till the end of time. There something you don't want to hang your hat on, and tortue is one of them. In war killing each other should be enough but for some blood thrist beast killing a few thousands isn't enough.
Frank in a time of war I turn your ass in, but this ass of a president has cross the line and we may never get back so for me it is a shame. We use to have higher morals and could say to the world we are better we treat our enemies humanly because we can we should because we stand on a higher ground. But today we have lost ground we are really no better and Iraq did not have anything to do with 9/11 we have no business being there what a waste!
I would try to address your remarks to me, if they were legible, and if I believed you would be able to understand my reply. But they are not, and you would not. In former days I used to waste my effort to explain a point of view to people who either weren't capable of understanding, or just did not care enough to read carefully what I wrote to them. But I have learned my lesson. I won't waste my effort this time. Sorry.
Last, a bit of advice: before you post a comment like the last one, type it into a word processor, and do a spelling and grammar check. It will probably help you out a lot. It might even make your writing readable.
Thanks Richard. Nice talking to you.
Jim G., Apr 3, 2008, 4:55pm EDT
Jim where in the Constitution does it say anything about declassifying, or not declassifying executive branch documents? Nowhere.
Where in the Constitution does it same illegal foreign combtants are protected under it's provisions? Nowhere.
You libs need to wake up and realize we're in a war with barbarians who don't fight by any rules. With that being the case, I don't feel sorry for them.
-------------------------------------------------------------------------------------
"For some it's justice and for others its diffcult to sleep at night under the stars and stripes."
Richard P., Apr 3, 2008, 4:42pm EDT
Then perhaps they should pack up their sh*t and get out, Richard.
David make me leave you facist, who the hell are you, torture is wrong and a discrace, but if you are inhuman and lack compassion or a conscious, than do what you do best but do it out in the open if what you believe in is the right course to spread freedom in the name of the United States of America and be proud about it bring to the light ofthe day. You won't do, you can't do it. It must be done behind close doors, behind sound proof walls so screams of mercy cannot be heard. Oh, you understand me, yes you can read and understand these words.
Is that clear enough for you, and spell check, "I don't see no stinking badges," were is yours Frank.
To spell or not to spell check that is the question, whether its better to express one self into cyberspace and allow the judgement of others to determine your fate or say nothing at all, I say seek the freedom of expression and let truth be your guide and let not the vain attack received hinder or bound the light of understanding to those open to the path of enlightenment. May the effort wage in words aganist my person, be seen as a bage of courage, as I battle aganist those who covert the Dark Side.
Richard P., Apr 4, 2008, 11:20am EDT
Make you leave, Richard? I have no intention of making you do anything! If I didn't like where I was living, I'd get the hell out of there, not endlessly bitch about how horrible it is.
As for being a "facist", you seem to have a misguided understanding of what that word means, because I'm about as anti-facist as one can get.
There I will strip you down and process you into a cell with heads still covered in the bag of insight and turn cold water hose of truth and not allow you to sleep for 48 hrs.
Frank talk or I'll pull you and David out of your cell and beat you with a rubber hose of liberal ideas about freedom and the American way, while I hold the dogs that bark and snarl compassion near your bag covered head.
Now both of you stand up and step on top of the crate in front of you, now hold both your arms up from each side, now stand there don't move.
The pressure of democracy will make you crack sooner or later, now tell me what I want to know.
Where is Dick Cheney, don't tell me you're not apart of the vast right wing conspiracy. Tell me the truth, confess.
Speak or I will turn up the current of understanding so you can feel the shock and awe of a democrat taking over the White House.
Do you feel the pain now!
by Richard P. | edit | delete
February 14, 2008 12:42 PM EST rating: 7/10 (3 votes) | comments: 2
TORTURE, think about it for a second.
Confession think about it for another second.
Now let us have trial, call it a tribunal if you wish.
Now call it fair and hold it out there for the world to see.
Now sleep with no nightmares.
Many will say that justice has been done.
While others feel restless unable to sleep under the banner called the "Stars & Stripes."
Torture, confession, guilt, punishment, retribution, blood stain hands and all this washed in the holy water of the rightious.
While the spirits of the innocent continue to moan in cycle of pain and sorrow.
There I will strip you down and process you into a cell with heads still covered in the bag of insight and turn cold water hose of truth and not allow you to sleep for 48 hrs.
Frank talk or I'll pull you and David out of your cell and beat you with a rubber hose of liberal ideas about freedom and the American way, while I hold the dogs that bark and snarl compassion near your bag covered head.
Now both of you stand up and step on top of the crate in front of you, now hold both your arms up from each side, now stand there don't move.
The pressure of democracy will make you crack sooner or later, now tell me what I want to know.
Where is Dick Cheney, don't tell me you're not apart of the vast right wing conspiracy. Tell me the truth, confess.
Speak or I will turn up the current of understanding so you can feel the shock and awe of a democrat taking over the White House.
Do you feel the pain now!"
Wow, Richard! That was VIVID
I haven't been that uncomfortable since my divorce. Now, THAT was torture.
We're at war, Richard. Suck it up.
Congress never declared war, and didn't the commander and chief declare victory back in 2003.
I'm still looking for who was really behind Dr. Martin Luther King assassination, 40 years later, we still don't know for sure.
Do you feel the pain now!" No, I don't feel the pain of a Democrat taking over the White House, but if it happens, I'm sure we'll all feel the pain soon.
And seriously man, you should take my advice about your writing. You're embarrassing yourself here.
However, back to the subject at hand, if America is ever to regain the moral high ground it is important that we do away with the use of torture. It is nihilist like yourself Frank, that has bankrupt this country and the good things that it has stood for as you look the other way as our rights as citizen have strip away under vague banner of war on terrorism and homeland security.
If my grammar and typo are beneath you please move the frack on. But if you care to debate the merits of the issues at hand step up onto the mat and lets get it on or as G.W. would say "bring it on!"
Another 100 years war, what else is new. America has been in a damn conflict sense the the ink was still wet on the constitution, its what this nation has been about war and or the fear of war.
Yet, I'm a realist and except the fact that America has her enemies, both internal as well as external. I just don't want us for the sake of fighting our enemies that we lose our freedom to become a facist, nihilistic nation. If that happens, we will all have to wear brown shirts and torture will be common place and I hope you don't want that to happen, or do you?
Oh Frank please trouble your self not with my attempt at writingI know it is a struggle to translate and understand but I thank you for your effort, try as I might but I will not can not give up the fight aganist the use of torture by anyone for any reason or those who would support such an inhuman act.
Now, if you want to address the use of what some call torture, what the government has called enhanced interrogation, then first we must separate two subjects. One is the aforementioned Abu Ghraib incident; the latter is the use of torture or enhanced interrogation techniques.
One of the more commonly used enhanced interrogation techniques -- and you'd better be sitting down before you read this, because it may shock you -- is having women interrogate prisoners. This is because Islamic men look down on women, and are perturbed by a woman being in a position of authority over them. Some other forms of enhanced interrogation are things which anyone would consider unpleasant, such as sensory deprivation, or, as you mentioned, the use of barking, snarling dogs (which are never permitted to attack the prisoners).
Now, although these are not attractive notions, it should be considered what the purpose of these tactics is. It is not to create more pain and agony than the prisoner can stand. It is to put the interrogatee, if you will permit me to coin a word, into something of a state of confusion, in which concentrating on their resolve not to give out information will be more difficult.
Some things you described in your little rant about what you were going to "do" to me and David, were derived from photos of Abu Ghraib. Two points can be made about Abu Ghraib. One is that that does not represent enhanced interrogation. Another is that some of those scenes were prisoners being forced to "model" torture equipment Saddam had there for really torturing people (the guy standing on a crate, for example). Saddam did beat people; he did torture them by physical pain; he tortured them to death for being his political enemies, and it did not matter whether they were adults of children; he used poisoned gas on villages of people within his own country. Have you seen the photos of that? The only problem I have with taking out Saddam was that we did not do it sooner.
However, another point is, generally when we are discussing government-sanctioned enhanced interrogation, we are not talking about Iraqis, or even foreign fighters captured in Iraq. Most of the few people who have undergone that sort of treatment were captured in Afghanistan -- they have not been ordinary "street" type soldiers. They have been higher-ups within Al Qaeda.
You said you didn't sign on for war -- no American did. Not with Al Qaeda. They came after us. Those are the people who are being "tortured." Those are the people whose side you're taking. Think about that for a few minutes, won't you?
Congress never declared war, and didn't the commander and chief declare victory back in 2003."
Richard P., Apr 4, 2008, 5:17pm EDT
Richard, that statement is so factually wrong on so many levels, I almost don't no where to begin.
I said "we", because it is in truth "we" who are at war. You may choose to not support or participate, but as long as you hold American citizenship (you do hold American citizenship, don't you?) you own this war just like the rest of us.
As to you asseretion of a victory declaration in May 2003, that is an urban myth perpetuated by the rabidly anti-war left, which you appear to be a card-carrying member.
On May 1, 2003, on the deck of the USS Abraham Lincoln, the President declared the end on "major combat operations", not victory. He didn't say, "the end of all military operations," he didn't say, "the War is over, we're bringing the boys home."
No, the President said at the time there was a lot more work to do.
"We have difficult work to do in Iraq. We are bringing order to parts of that country that remain dangerous." and;
"transition from dictatorship to democracy will take time, but it is worth every effort. Our coalition will stay until our work is done. And then we will leave — and we will leave behind a free Iraq."
And,
"The war on terror is not over, yet it is not endless. We do not know the day of final victory, but we have seen the turning of the tide. No act of the terrorists will change our purpose, or weaken our resolve, or alter their fate. Their cause is lost. Free nations will press on to victory."
So, you see Richard, contrary to your claim; oft repeated by the left, Bush didn't declare victory in the War. No one said it was going to be short or easy -- only that we will prevail. How cynical of you, and the others on the Left, to use a banner honoring the successful completion of their mission by the crew of the Lincoln, and to falsify the import and substance of what the President actually said on the deck of that ship.
Shame on you.
April 4: In an MSNBC.com poll, the Death of Habeas Corpus won Countdown's favorite moment contest. Countdown takes a look back at Keith Olbermann's autopsy on the great writ of Habeas Corpus.
http://www.msnbc.msn.com/id/3036677/
All of those prisoners still held and tortured will eventually be released or will be executed by this nation. If released they will return to their lands and peoples and tell their tales and be lionized as suffering the worst America could offer. They also will do the same on CNN. They proved to the world that America is not the land of law and can be reduced to savagrey by simple threat and bargin basement terrorism. Shame?? Torture has covered this nation in shame.
So go for it, (will be greeted as liberators, with flowers thrown at our feet), both you and David, go ahead win your war, and don't forget the surge is working, so call me when guys win, I can't wait.
Torture them if you like, dosen't change a thing it is still wrong that the U.S. government is engage in and has approved of such barbarous behavior, no matter what the other side does, I find no justication, none what so ever.
This is not a liberal issue, this is a human concern regarding treatment of a prisoner.
An unarmed prisoner. You don't do what they do and say that you are better, because if you do, you have lost your moral compass and your claim to righteousness falls on deaf ears.
However, there are those who like yourself who condone barbaric behavior, so why stop there, just kill'em all and be done with it. The bottomless pit of torture is an abyss of darkness that no light can penetrate it is beyond salvation, it is hell.
But reason and decency will hold the hand of vengeance that has been lost to the lust of power and self righteousness. A war without end, so let's lock and load, and get ready to rock n' roll.
Frank & Dave, looks like you're in another fine mess you can't get out of, but I support troops, what's left of them, just another tour, a rotation without end. Some could even say, just another form of torture but for a good cause, you know, as they say, so we can fight them over there, so we don't have to fight them here.
By the way, they are Kurds, not Kruds. Why insult them?
Good bye, Sam and Drichar
The pro-torture crowd doesn't need any recommendations. Give them a terrorist 'suspect,' any ole damned terrorist suspect, and they will cheer to the sounds coming out of the Brazen Bull -- intelligence is NOT what this crowd is looking for -- the screams are what they rejoice in...the screams of the Arab suspect...and the screams of those who would object to torture. They just love it.
If intelligence was the goal -- torture would not be the tool for seeking it. If legality was even close to what Yoo was seeking, then he would have had the guts (say nothing of intellectual integrity) to discuss Youngstown--instead what is on display is a cowardly rightwing yes-man doing his best to appease the chickenshit hawks who wanted an excuse/an plausible if only flawed argument for ordering other men to do what they themselves could never do.
As additional evidence for their naked cowardice, the 'legal' memo had to be classified and was not reviewed by the AG or his assistant. Notable Conservatives, including Jack L. Goldsmith, have made it clear that the Bybee and Yoo Memos had very little merit.
So, you would think that a conservative worth his salt would acknowledge a mistake and point to the integrity of the men who corrected it -- integrity and accountability...mmmm, not so much from the Bush wing of the conservative movement.
Winning hearts and minds--just more rightwing sloganeering. Moderate Arabs are listening to the John Yoo cheerleaders--the message could not be more clear.