The U.S. Justice Department has released a rewritten memo on how it defines torture. Prior to the abuse scandal, they felt that to qualify as torture,
the subject had to undergo excruciating and agonizing pain. The previous definition release in 2002 also had stated that 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. The new document states that torture is against U.S. and world law.
story.news.yahoo.com
WASHINGTON - The Justice Department released a rewritten legal memo on what constitutes torture, backing away from its own assertions prior to the
Iraqi prison abuse scandal that torture had to involve "excruciating and agonizing pain."
The 17-page memo omitted 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.
The new document said torture violates U.S. and international law.
"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.
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It is believed by some that the framework of the initial document led to the abuses in the Abu Ghraib prison scandal. Following those revelations,
the Justice department voided its previous opinion and reworked it. The timing is also interesting. Alberto Gonzales is set to begin Senate hearing
for the Attorney General post, and Democrats have already indicated that they will ask about the memo’s he has written that bear similarities to the
now disavowed documents.