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Waterboarding is Illegal, Says US Justice Department Official
A senior US justice department official has reversed his position and now says using waterboarding while questioning terrorism suspects is not legal anymore, as he prepares to give evidence before a congressional hearing.Steven Bradbury, acting head of the justice department's office of legal counsel, said laws and other limits enacted since three detainees were subjected to the process have eliminated waterboarding, which makes an interrogation subject feel he is drowning, from what is legally allowed.
In outlawing simulated drowning during interrogation, Bradbury goes a step beyond the CIA director, Michael Hayden, who said current laws cast a doubt on the legality of the method, which some consider torture.
In preparing for his appearance later today before the House judiciary subcommittee on the constitution, civil rights and civil liberties, Bradbury said: "The set of interrogation methods authorised for current use is narrower than before, and it does not today include waterboarding.
"There has been no determination by the Justice Department that the use of waterboarding, under any circumstances, would be lawful under current law," he said.
It is the first time the department has expressed such an opinion publicly.
In 2005 Bradbury signed two secret legal memos that authorised the CIA to use head slaps, freezing temperatures and waterboarding when questioning terror detainees. Because of that, Democrats in the Senate have opposed his nomination by president Bush to formally head the legal counsel's office.
Bradbury's testimony comes as majority Democrats in Congress try to clamp down on interrogation methods that can be used on terrorism suspects.
Yesterday, Congress moved to prohibit the CIA from using simulated drowning and other harsh interrogation techniques, despite Bush's threat to veto any measure that limits the agency's interrogation techniques.
The prohibition was contained in a bill authorising intelligence activities for the current year, which the Senate approved in December by 51 votes to 45. It would restrict the CIA to the 19 interrogation techniques outlined in the Army field manual. That manual prohibits waterboarding.
The legislation bars the CIA from using waterboarding, sensory deprivation or other harsh coercive methods to break a prisoner who refuses to answer questions. Those practices were banned by the military in 2006.
Bradbury's comments go a step further than Hayden's last week. In testimony before the House Intelligence Committee, the CIA director acknowledged for the first time publicly that the CIA has used waterboarding against three prisoners.
Hayden said current law and court decisions, including the Detainee Treatment Act of 2005, cast doubt on whether waterboarding would be legal now. Hayden prohibited its use in CIA interrogations in 2006; it has not been used since 2003, he said.
The Detainee Treatment Act of 2005 prohibits cruel, inhuman and degrading treatment for all detainees in US custody, including CIA prisoners.
Waterboarding is still officially in the CIA tool kit but it requires the consent of the attorney general and president on a case-by-case basis.
© 2008 The Guardian
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7 Comments so far
Show All"And in the general hardening of outlook that set in … practices which had been long abandoned … — imprisonment without trial, the use of war prisoners as slaves, public executions, torture to extract confessions, the use of hostages and the deportation of whole populations — not only became common again, but were tolerated and even defended by people who considered themselves enlightened and progressive."
george orwell
1984
There has been no determination by the Justice Department that the use of waterboarding, under any circumstances, would be lawful under current law - Steven Bradbury
Huh? I wonder what Bradbury's boss Michael Mukasey will say about this?
It matters not. Bush signed a signing statement that legalizes all forms of interrogation authorized by the President.
"Democrats in the Senate have opposed his nomination by president Bush to formally head the legal counsel's office" … so Steven Bradbury is twisting into a pretzel.
This is what I hear:
"We tortured in the past, when we kept it a secret, while it was secretly legal, according to our secret legal opinion."
"We now acknowledge that it is now somehow illegal and since you found out about it, we admit to torturing people."
"We reserve the right to torture in the future, even though it is somehow illegal now that you know about it, but only if we authorize ourselves to break the law."
I'm sad to say that Steven Bradbury sounds eminently qualified to head an American government legal department.
Bradbury? Is that a kind of patsy?
"In outlawing simulated drowning during interrogation, Bradbury goes a step beyond the CIA director, Michael Hayden, who said current laws cast a doubt on the legality of the method, WHICH SOME CONSIDER TORTURE."
IF by "some" you mean the entire planet besides Bush and his cronies, , then you are correct.
Waterboarding is still officially in the CIA tool kit but it requires the consent of the attorney general and president on a case-by-case basis.
That is incorrect. Read the signing statement here:
http://www.whitehouse.gov/news/releases/2005/12/20051230-8.html
The executive branch shall construe Title X in Division A of the Act, relating to detainees, in a manner consistent with the constitutional authority of the President to supervise the unitary executive branch and as Commander in Chief and consistent with the constitutional limitations on the judicial power, which will assist in achieving the shared objective of the Congress and the President, evidenced in Title X, of protecting the American people from further terrorist attacks.
This is interpreted as Bush assigning broad powers of interrogation techniques. Not a case-by-case statement.
Also of interest in this signing statement is the infamous:
Finally, given the decision of the Congress reflected in subsections 1005(e) and 1005(h) that the amendments made to section 2241 of title 28, United States Code, shall apply to past, present, and future actions, including applications for writs of habeas corpus, described in that section, and noting that section 1005 does not confer any constitutional right upon an alien detained abroad as an enemy combatant, the executive branch shall construe section 1005 to preclude the Federal courts from exercising subject matter jurisdiction over any existing or future action, including applications for writs of habeas corpus, described in section 1005.
Basically pardoning anyone who historically, or in the future, conducts torture and removes all tort rights from "durn fureners".
Waterboarding is illegal!!!
No foolin, golly who would have thunk?