When we talk today of the “torture memos,” most of us think about the later memoranda, like the infamous “Bybee Memo” of August 1, Another Tortured Memo from Jay Bybee. Nine years after he left his post as Director of the Office of Legal Counsel (OLC) in the George W. Bush. The Bybee Memo Memorandum for Alberto R. Gonzales We conclude that for an act to constitute torture as defined in Section , it must inflict pain that is .

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InBybee was voted Professor of torrure Year. Fear explains why OLC pushed the envelope. The best political profiles on the web”. She was forcibly separated from her husband and unable to learn of his welfare or whereabouts.

Because “pain or suffering” is single concept for the purposes of “severe mental pain or suffering,” it should likewise be read as a single concept for the purposes of severe physical pain or suffering.

United States Department of Justice. The United States understands that, in order to constitute torture, bybre act must be specifically vybee to inflict severe physical or mental pain or suffering and that mental pain bybew suffering refers to prolonged mental pain caused by or resulting from todture the intentional infliction or threatened infliction of severe physical pain or suffering; 2 administration or application, or threatened administration or application, of mind altering substances or other procedures calculated to disrupt profoundly the senses or the personality; 3 the threat of imminent death; or 4 the threat that another parson will imminently be subjected to death, severe physical pain or suffering, or the administration or application of mind-altering substances or other procedures calculated to disrupt profoundly the senses or personality.

This page was last edited on 5 Septemberat After examining the definition provided in various dictionaries, it concludes mmo “pain” is synonymous with “suffering” “it is difficult to conceive of such suffering that would not involve severe physical pain”and, selecting among the many definitions, the memo proposes that severe pain must be difficult to endure some definitions quoted in the memo define severe pain as “inflicting discomfort”.

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These authorized ” bybee interrogation techniques ” that were used in the systematic torture of detainees at Guantanamo Bay detention camp beginning in and at the Abu Ghraib facility following the United States’ invasion of Iraq in It clarifies that a medical expert will always be present “to prevent severe physical or mental harm[. He was randomly beaten and forced to watch the beatings of others. Those acts must be of an extreme nature to rise to the level of torture within the meaning of Section A and the Convention.


The letter explains section ‘s definition of “severe mental pain or suffering”, and reminds the reader of the need for “prolonged mental harm”. At one point, a guard attempted to execute him, but another guard intervened.

A memo on torture to John Yoo

Views Read Edit View history. This Office, for example, has previously concluded that Congress could not constitutionally extend the congressional contempt statute to executive branch officials who refuse to comply with congressional subpoenas because of an assertion of executive privilege. Bybee is married to Dianna Greer, a high school teacher. The definition of murder by torture special circumstance, proscribed under Cal.

Declaration on the Protection from Torture. Interrogation of captured al Qaeda operatives allegedly allowed U. Some authorities, such as the Model Penal Code, even eliminate the reasonability element, and require only that the defender honestly believed — regardless of its unreasonableness — that the use of force was necessary.

It also prohibits cruel, [Page 28] inhuman, or degrading treatment or punishment. To be sure, this situation is different from the usual self-defense justification, and, indeed, it overlaps with elements of the necessity defense.

We likewise think that the onset of obsessive-compulsive disorder behaviors would rise to this level. Bybee has also written more than 20 law review articles, notes, comments, and book chapters. Under the Geneva Conventions, an individual must receive a hearing to determine his or her status, after which the individual may be detained and, depending on his or her status, interrogated. Nonetheless, leading scholarly commentators believe that interrogation of such individuals using methods that might violate Section A would be justified under the doctrine of self-defense, because the combatant by aiding and promoting the terrorist plot “has culpably caused the situation where someone might get hurt.

Gonzales, Counsel to the President and William J. The phrase “disrupt profoundly the senses or personality” is not used in mental health literature nor is it derived from elsewhere in U.

Another Tortured Memo from Jay Bybee | Brennan Center for Justice

For example, tkrture mental strain experienced by an individual during a lengthy and intense interrogation — such as one that state or local police might conduct upon a criminal suspect — would not violate Section 2. He was beaten for several days after his kidnapping. United States, F. California law is illustrative on troture point. Al Qaeda continues to plan further attacks, such as destroying American civilian airliners and killing American troops, which byhee fortunately been totture.


As the Supreme Court noted in Cheek, “the more unreasonable the asserted beliefs or misunderstandings are, the more likely the jury Finally, the fact that previous al Qaeda attacks have had as their aim the deaths of American citizens, and that evidence of other plots have had a similar goal in mind, would justify proportionality of interrogation methods designed to elicit information to prevent such deaths.

Threads collapsed expanded unthreaded. In Part VI, we discuss defenses to an allegation that an interrogation method might violate the statute.

Although there is no federal statute that generally establishes necessity or other justifications as defenses to federal criminal laws, the Supreme Court has recognized the defense.

Mehinovic had “anxiety, flashbacks, and nightmares and has difficulty sleeping. Based on our review of the case, law, however, these tribunals have not yet articulated the memmo scope of conduct prohibited by common article 3. In addressing reports of his regrets, he said in the same article that he would have done some things differently, such as clarifying and sharpening the analysis of some of his answers, to help the public better mrmo in retrospect the basis for his conclusions.

We conclude below that Section A proscribes acts inflicting, and that are specifically intended to inflict, severe pain or suffering, whether mental or physical. If, however, other options permit the defender to retreat safely from a confrontation without having to resort to deadly force, the use of force may not be necessary in the first place.

And, of course, the grant of war power includes all that is necessary and proper for tortur those powers into execution. Consequently, he developed frostbite on his hands and feet.

This interpretation of the Geneva Convention was sent in memos, despite objections by attorneys and the Secretary of the Department of State, [13] [14] on January 9,[15] January 22,[16] February 1,[17] bybde again on February 7, Designed to “fill a gap in existing law dealing with extremely violent and callous criminal conduct[,]” People v.