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Zelikow: My Alternative Torture Memo Has Been Found And Is Being Reviewed For Declassification
Philip Zelikow just offered a bit of news about the memo he wrote offering an alternative view on the legality of torture, which he said the White House tried to have destroyed.
Zelikow told the Senate committee that the memo, which had not previously been found, "has been located in State Department files and is being reviewed for declassification."
He said that at the time, he thought the effort to have the memo destroyed -- which he described as "informal" -- was "improper" and ignored it.
And it sounds like we may get a look at it soon.
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Josh
Zachary
Let the games begin!
May 13, 2009 11:29 AM | Reply | Permalink
THIS IS EXCELLENT NEWS! FOR CHENEY!!!
May 13, 2009 11:31 AM | Reply | Permalink
Does anyone know how the Bush White House managed to select Yoo, Bybee, Haynes et al to draft a torture-friendly legal opinion in the first place?
According to Zelikow, they are among a small minority of lawyers who would render such an opinion. So how were these particular ones identified and how many other lawyers refused to play, or had their dissenting opinions shredded like Zelikow's? It would be interesting to learn if they knew in advance who to approach (and if so, how did they know), or had to arrive at this 'all-star' legal team by process of elimination. Who was involved in the hiring decision, etc.
Even with such dubious legal cover as they could muster by such cherry-picking, what made them think it would be sufficient when the details were revealed? More evil hubris? Or just more incompetence?
May 13, 2009 3:52 PM | Reply | Permalink
Maybe a little of both? The legal opinions have been panned by the likes of Jonathan Turley and John Dean, so maybe they chose Yoo, Bybee, etc. because they knew they would get what they wanted from them (incompetent legal reasoning). And maybe evil hubris played a part because they believed the Republicans would have a majority for a generation and their deeds would not see the light of day.
May 13, 2009 6:15 PM | Reply | Permalink
I can't escape the conclusion that they were in no doubt that what they wanted to do (or had already ordered up) was illegal, and they weren't about to be deterred by details of the law. It was totally premeditated, and as with murder, that is considered a graver breach of morality than one committed out of passion or inattention or incompetence.
I sort of follow their 'reasoning'--they obviously believe thoroughly in the supreme efficacy of torture--but then they should go ahead and break the law with the full expectation that they'll be prosecuted for it later (or in their minds, 'martyred'), ask for forgiveness or whatever, but not boasting and lying about it.
Then again, whether he realizes it or not, Cheney is confessing his sins.
May 13, 2009 11:10 PM | Reply | Permalink