Torture Memos: Rationalizing the Unthinkable

by David Cole (Editor)

On April 16, 2009, the Justice Department released never-before-seen secret memos describing, in graphic detail, the brutal interrogation techniques used by the CIA under the Bush administration’s “war on terror.” Now, for the first time, the key documents are compiled in one remarkable volume, showing that the United States government’s top attorneys were instrumental in rationalizing acts of torture and cruelty, employing chillingly twisted logic and Orwellian reasoning to authorize what the law absolutely forbids. This collection gives readers an unfiltered look at the tactics approved for use in the CIA’s secret overseas prisons—including forcing detainees to stay awake for eleven days straight, slamming them against walls, stripping them naked, locking them in a small box with insects to manipulate their fears, and, of course, waterboarding—and at the incredible arguments advanced to give them a green light. Originally issued in secret by the Office of Legal Counsel between 2002 and 2005, the documents collected here have been edited only to eliminate repetition. They reflect, in their own words, the analysis that guided the legal architects of the Bush administration’s interrogation policies. Renowned legal scholar David Cole’s introductory essay tells the story behind the memos, and presents a compelling case that instead of demanding that the CIA conform its conduct to the law, the nation’s top lawyers contorted the law to conform to the CIA’s abusive and patently illegal conduct. He argues eloquently that official accountability for these legal wrongs is essential if the United States is to restore fidelity to the rule of law.

Genres: Politics

304 pages, Paperback

First published September 8, 2009

Reviews

[Jason Ho · Rating 5 out of 5]

The Torture Memos is a very real, open, and honest look at how the U.S. government rationalized and justified torture in the decade post-9/11 attacks. David Cole's introductory commentary breaks down how the process of 'lawyering' involves twisting words, expounding definitions, and finding legal precedent to rationalize a course of action. But more importantly, I find that Cole's commentary raises three important questions:

1) If the prohibition of an act is absolute, then shouldn't the prohibition hold, no matter what disaster it might help prevent?

2) How can we summon the moral courage to do the right thing, even in the face of great opposition?

3) How can we prevent the pendulum from swinging to the fringe whenever we are facing a national security crisis?

I view David Cole's analysis of how the unthinkable act of torture was justified, to be grounded in Kant's moral teachings–a wrong act is never moral, no matter the reason. In contrast, the overwhelming majority of the United States' top leaders, lawyers, and policymakers post-9/11 approached action with the Machiavellian perspective “the ends justify the means."

I left this book feeling stunned, saddened, disappointed, and rather conflicted. How should we approach legislating policy around issues when there are such stark differences in morality? The idealist in me believes that we must keep on trying to do the best we can with the information that we have. But that doesn't excuse us from finding the discipline and harnessing the courage needed to reflect on and truly learn from past mistakes.

In the words of Maya Angelou, "Do the best you can until you know better. Then when you know better, do better."

[Ed · Rating 3 out of 5]

A very detailed investigation into the work of the the White House Office of the Legal Counsel (OLC), particularly Jay Bybee, John Yoo and Steven Bradbury around the use of torture by U.S. interrogators against prisoners held in Guantanamo and elsewhere. It is almost universally held, by lawyers and others, that waterboarding is torture. Only in the OLC in the Bush White House was it not only considered acceptable behavior but condoned and justified.

Opinions were specifically written to allow illegal coercive methods by U.S. military and intelligence personnel, both retroactively and for the future. So far there has been no sanction against the lawyers involved. Bybee is a federal judge and Yoo a professor at Boalt Hall.

[Edwin Whiting · Rating 5 out of 5]

Now that the SenateSelect Committee has released their report and the CIA has released their rebuttal: time to do some serious cross reference/checking my

[Benjamin Britton · Rating 3 out of 5]

Disgusting.
Nauseatingly sanitized descriptions of war crimes.