Citizen's Rent 2005: New Torture Documents Posted

I've added new files to the repository on the right. New additions include the following:

2002 02/02 State Dept Memo to White House: This is a memo from the State Department's legal advisor, William Taft, to the White House counsel, Alberto Gonzales. Taft warns that rejecting the applicability of the Geneva Conventions creates several problems, including the elimination of protection for our troops in the event that they are captures. The memo includes an attachment that shows the broad support among administration lawyers for declaring the Geneva Conventions inapplicable to Taliban and al Qaeda detainees. It also cites a CIA request for an explicit statement that the commitment to the spirit of the Geneva Conventions didn't apply to its operatives.

2002 02/07 Directive from Bush on Detainee Treatment: Memo stating that new war on terrorism requires new thinking in the law of war, but thinking that should be consistent with the principles of the Geneva Conventions. The directive states that Bush accepts the DOJ conclusion that the Geneva Conventions don't apply to al Qaeda, that he has the constitutional authority to suspend the Conventions in reference to the Taliban but declines to do so at this time, and that nevertheless the Conventions don't apply to the Taliban because per the DOJ and DOD they are illegal combatants. The memo goes on to state that humane treatment is required in the spirit of the Conventions to the extent appropriate and consistent with military necessity. It states that Bush expects our troops to be treated humanely and instructs State to notify allies of this policy.

2002 12/02 DOD Memo on Afghanistan Detainees: In reference to Gitmo Bay detainees. A memo from DOD general counsel William Haynes to Rumsfeld on "counter-resistance techniques". Written in response to a request for approval for the use of specific interrogation techniques in Guantanamo Bay. Cites discussions with DOD Deputy Doug Feith and Gen. Myers. Includes memos from military commanders in Gitmo. Of note is the statement that communication between detainees has resulted in more sophisticated resistance to interrogations. "Compounding this problem is the fact that there is no established clear policy for interrogation limits and operations at GTMO, and many interrogators have felt in the past that they could not do anything that could be considered 'controversial'" The memo includes a review of all applicable law, including a definition of torture that emphasizes that intent to harm is required. The memo approves most of the proposed techniques and includes a note from Rumsfeld that reads: "However, I stand for 8-10 hours a day. Why is standing limited to 4 hours?"

2003 04/16 Rumsfeld Memo Outlining Approved Interrogation Techniques: Memo from Rumsfeld to US, Southern Command approving specific interrogation techniques for use on detainees in Guantanamo Bay. States that 3/7/03 memo from working group was considered (though White House claims it wasn't relevant here). Restates that humane treatment in accordance with the principles of the Geneva Conventions is required to the extent appropriate and consistent with military necessity.

Update: Just found out I've been misspelling Gonzales' name (spelled it Gonzalez - with a z instead of an s- apologies).