CIA Admits Presidential Order re: Foreign Detention Facilities


The ACLU reports today (received by e-mail):
In response to an ongoing lawsuit brought by the American Civil Liberties Union, the CIA has acknowledged the existence of two documents authorizing it to detain and interrogate terrorism suspects overseas. For more than two years, the CIA had refused to either deny or confirm the existence of the documents and had argued in court that doing so could jeopardize national security.
....The two documents in question are a directive signed by President Bush granting the CIA the authority to set up detention facilities outside the United States and outlining interrogation methods that may be used against detainees, and a Justice Department legal analysis specifying interrogation methods that the CIA may use against top Al-Qaeda members.
You can view the disclosure letter from the CIA here.
ACLU Executive Director Anthony Romero notes:
"The CIA’s sudden reversal on these secret directives is yet more evidence that the Bush administration is misusing claims of national security to avoid public scrutiny," said ACLU Executive Director Anthony D. Romero.
"Confusion about whether such a presidential order existed certainly led to the torture and abuse scandal that embarrassed America. With a new Congress and renewed subpoena power, we now need to look up the chain of command."
The ACLU continues to press for 21 images "depicting abuse of detainees by U.S. forces in Afghanistan and Iraq."
The CIA's dislcosure of the existence of the documents was sudden.
In legal papers previously filed before the court, the CIA claimed that national security would be gravely injured if the CIA were compelled to admit or deny even an "interest" in interrogating detainees. But in a letter to the ACLU dated November 10, the CIA reversed course and acknowledged that the Justice Department memorandum and presidential directive exist. The CIA continues to withhold the documents.
"We intend to press for the release of both of these documents," said Jameel Jaffer, an ACLU attorney involved in the case. "If President Bush and the Justice Department authorized the CIA to torture its prisoners, the public has a right to know."
I'd really like to see that DOJ legal analysis which outlines permissible interrogation methods. It was sent by the DOJ's Office of Legal Counsel to the CIA's Office of General Counsel.
Any bets on who authored it?
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