10/04/01 Deputy Assistant Attorney General, OLC This memo concerns what legal standards might govern the use of certain intelligence methods to monitor communications by potential terrorists. No other information is available.How we know: Declaration of Deputy Assistant Attorney General Steven Bradbury in ACLU, et. al v. DOJ, Oct. 18, 2007 (p. 22)Recipient: Alberto R. Gonzales, Counsel to the PresidentSurveillance Secret 10/23/01 John C. Yoo, Deputy Assistant Attorney General, OLC; Robert Delahunty, Special Counsel, OLC This memo, titled Re: Authority for Use of Military Force to Combat Terrorist Activities Within the United States, concludes that the Fourth Amendment's protections against warrantless search and seizure don't apply to military operations, even when the operations take place on U.S. soil.How we know: Cited in the Interrogation Memo (p. 8)Recipient: Alberto R. Gonzales , Counsel to the PresidentExecutive Power Secret 11/02/01 Deputy Assistant Attorney General, OLC This memo is a response to specific requests for opinions on the 'legal parameters of foreign intelligence activities Ö following the terrorist attacks of September 11, 2001.î No other information is available.How we know: Declaration of Deputy Assistant Attorney General Steven Bradbury in ACLU, et. al v. DOJ, Oct. 18, 2007 (p. 22)Recipient: John D. Ashcroft, Attorney GeneralSurveillance Secret 11/20/01 John C. Yoo, Deputy Assistant Attorney General, OLC; Robert Delahunty, Special Counsel, OLC This memo provides legal advice on U.S. and international laws that protect prisoners of war. The laws discussed are the War Crimes Act, the set of U.S. laws that American personnel could be prosecuted under if detainees were abused, and the Hague and Geneva Conventions, both of which require humane treatment of prisoners of war by members of the treaties.Recipient: Alberto R. Gonzales, Counsel to the PresidentDetainee Treatment Secret 12/21/01 John C. Yoo, Deputy Assistant Attorney General, OLC One finding of this memo is that people working alongside an armed force would be subjected to the Uniform Code of Military Justice during wars both declared and undeclared. This reading of the law could prevent American citizens captured in the war on terror from gaining the protections of the federal courts. The memo is titled Re: Possible Criminal Charges Against American Citizen Who Was a Member of the Al Qaeda Terrorist Organization or the Taliban Militia.How we know: Cited in the Interrogation Memo (p. 23)Recipient: William J. Haynes, II, General Counsel, Department of DefenseDetainee Treatment Secret 1/9/02 Deputy Assistant Attorney General, OLC This memo contains a legal review by the Attorney General of the presidentís order authorizing the Terrorist Surveillance Program, the Bush administration's official name for the warrantless wiretapping program. The review was requested before one of the 45-day reauthorizations by the president required by the law.How we know: Declaration of Deputy Assistant Attorney General Steven Bradbury in ACLU, et. al v. DOJ, Oct. 18, 2007 (p. 9)Recipient: John D. Ashcroft, Attorney GeneralSurveillance Secret - 7
1/11/02 Jay S. Bybee, Assistant Attorney General, OLC This letter discusses the authority of the Office of Legal Counsel, the Attorney General, the Department of Justice generally, and the State Department to interpret international law.Recipient: Alberto R. Gonzales, Counsel to the PresidentDetainee Treatment Secret 1/11/02 Jay S. Bybee, Assistant Attorney General, OLC This letter discusses the authority of the Office of Legal Counsel, the Attorney General, the Department of Justice generally, and the State Department to interpret international law.Recipient: Alberto R. Gonzales, Counsel to the PresidentDetainee Treatment Secret - 8
1/14/02 John C. Yoo, Deputy Assistant Attorney General, OLC; Robert J. Delahunty, Special Counsel, OLC This letter argues that the U.S. government can't be prosecuted for war crimes arising from its treatment of al Qaeda or Taliban members.How we know: Subject of request by House Judiciary Committee, cited in the Interrogation Memo (p. 34)Recipient: William H. Taft, IV , Legal Advisor, Department of StateDetainee Treatment Secret - 9
1/24/02 John C. Yoo, Deputy Assistant Attorney General, OLC This memo discusses the application of international laws to the United States. The specific laws discussed are not known.Recipient: Larry D. Thompson, Deputy Attorney GeneralDetainee Treatment Secret - 10
1/24/02 John C. Yoo, Deputy Assistant Attorney General, OLC This pre-decisional memo suggests legal options for interpreting the application of the Geneva Conventions and prisoner of war status to the treatment of detainees in U.S. custody. The Geneva Conventions require humane treatment of detainees and specifically forbid cruel treatment and humiliation of prisoners. The Bush administration argued that prisoner of war status does not apply to al Qaeda or Taliban detainees.Recipient: Alberto R. Gonzales, Counsel to the PresidentDetainee Treatment Secret - 11
1/26/02 Jay S. Bybee, Assistant Attorney General, OLC This pre-decisional memo suggests legal options for interpreting the application of the Geneva Conventions to the treatment of detainees in U.S. custody. The Geneva Conventions specifically forbid cruel treatment and humiliation of prisoners.Recipient: Larry D. Thompson, Deputy Attorney GeneralDetainee Treatment Secret 1/26/02 Jay S. Bybee, Assistant Attorney General, OLC This pre-decisional memo suggests legal options for interpreting the application of the Geneva Conventions to the treatment of detainees in U.S. custody. The Geneva Conventions specifically forbid cruel treatment and humiliation of prisoners.Recipient: Larry D. Thompson, Deputy Attorney GeneralDetainee Treatment Secret - 12
2/1/02 James C. Ho, Attorney-Advisor, OLC This memo finds that the Geneva Convention's standards of conduct - including prohibitions against cruel treatment and torture and outrages upon personal dignity as listed in Article 3 of the 1949 treaty - don't apply to conflicts with terrorist organizations. The memo is titled RE: Possible interpretation of Common Article 3 of the 1949 Geneva Convention Relative to the Treatment of Prisoners of War.Recipient: John C. Yoo, Deputy Assistant Attorney General, OLCDetainee Treatment Secret - 13
3/5/02 Joan L Larsen, Deputy Assistant Attorney General, OLC; Gregory F. Jacob This memo informed attorneys of the Justice Department's civil division of the Office of Legal Counsel's view on whether habeas corpus relief should be available to detainees. The Bush administration took the position that terrorism detainees at Guant·namo cannot challenge their detentions in U.S. court, despite multiple Supreme Court rulings to the contrary.Recipient: Department of JusticeDetainee Treatment Secret - 14
3/13/02 Jay S. Bybee, Assistant Attorney General, OLC This memo, called RE: The President's Power as Commander in Chief to Transfer Captured Terrorists to the Control and Custody of Foreign Nations, asserts the president's constitutional authority to capture and detain enemies captured in armed conflicts. It also asserts his authority to transfer prisoners to other nations at his discretion.Recipient: William J. Haynes, II, General Counsel, Department of DefenseDetainee Treatment Secret - 15
4/8/02 Patrick F. Philbin, Deputy Assistant Attorney General, OLC This memo, titled RE: Swift Justice Act, finds that the law is invalid in war because it contradicts the president's absolute authority to conduct military operations. The memo finds that Congress cannot exercise its authority ... to regulate military commissions.How we know: Subject of request by House Judiciary Committee, cited in the Interrogation Memo (p. 13)Recipient: Daniel J. Bryant , Assistant Attorney, OLCDetainee Treatment Secret - 16
6/27/02 John C. Yoo, Deputy Assistant Attorney General, OLC This memo argues that the president's constitutional authority to conduct military operations extends to the detention of U.S. citizens. It appears to dismiss the Non-Detention Act during war-time, which states, No citizen shall be imprisoned or otherwise detained by the United States except pursuant to an Act of Congress. The memo is titled, RE: Applicability of 18 U.S.C. ß 4001(a) to Military Detention of United States Citizens.Recipient: Daniel J. Bryant, Assistant Attorney General, OLCDetainee Treatment;Executive Power Secre - 17
7/22/02 John C. Yoo, Deputy Assistant Attorney General, OLC This letter suggests that the Convention Against Torture doesn't apply to domestic situations. Furthermore, international law in general 'lacks domestic legal effect, and in any event can be overridden by the President,î the memo states.How we know: Subject of request by House Judiciary CommitteeRecipient: Alberto R. Gonzales, Counsel to the PresidentDetainee Treatment Secre - 18
8/1/02 Jay S. Bybee, Assistant Attorney General, OLC This memo contains the OLC's views on whether the tactics used in a specific interrogation constitute torture, based on details provided by the agency requesting the opinion. The memo concludes that the personnel carrying out the interrogation didn't have specific intent to cause severe pain to the detainee, and therefore, didn't torture that person. A heavily redacted version of this memo has been released, but its substance remains secret.How we know: A heavily redacted version of the memo was made public by the ACLU, but it's substance remains secretRecipient: UnknownDetainee Treatment Secret - 19
10/11/02 Deputy Assistant Attorney General, OLC This is one of several memos dealing with the legal parameters of foreign intelligence activities in the aftermath of the Sept. 11 attacks. This memo addresses the legality of certain communications intelligence activities.How we know: Declaration of Deputy Assistant Attorney General Steven Bradbury in ACLU, et. al v. DOJ, Oct. 18, 2007 (p. 22)Recipient: John D. Ashcroft, Attorney GeneralSurveillance Secret - 20
2/7/03 John C. Yoo, Deputy Assistant Attorney General, OLC This letter responds to the American Bar Association's Task Force on Treatment of Enemy Combatants report, including a summary of prior OLC legal advice. The report, also released in February 2003, argued that detainees should be allowed access to legal counsel and to challenge their detentions in U.S. courts.Recipient: William J. Haynes, II, General Counsel, Department of DefenseDetainee Treatment Secret - 21
2/25/03 Deputy Assistant Attorney General, OLC This memo addresses the potential use of certain information collected in the course of classified foreign intelligence activities. No further information is available.How we know: Declaration of Deputy Assistant Attorney General Steven Bradbury in ACLU, et. al v. DOJ, Oct. 18, 2007 (p. 21)Recipient: John D. Ashcroft, Attorney GeneralSurveillance Secret - 22
6/1/03 The White House A brief memo that approves the techniques already in use by the CIA was delivered to Tenet days after he requested an explicit nod from the White House, according to a Washington Post report.How we know: Reported in the Washington PostRecipient: George Tenet, Director of Central IntelligenceDetainee Treatment Secret 6/1/03 The White House A brief memo that approves the techniques already in use by the CIA was delivered to Tenet days after he requested an explicit nod from the White House, according to a Washington Post report.How we know: Reported in the Washington PostRecipient: George Tenet, Director of Central IntelligenceDetainee Treatment Secret - 23
11/18/03 Jack L. Goldsmith, III, Assistant Attorney General, OLC; Robert Delahunty, Special Counsel This memo discussed the applicability of the Geneva Convention to the detention and treatment of detainees in U.S. custody.Recipient: Department of DefenseDetainee Treatment Secre - 24
3/11/04 Jack L. Goldsmith, III, Assistant Attorney General, OLC This letter clarifies previous memos on the legality of classified intelligence activities. No further information is available.How we know: Declaration of Deputy Assistant Attorney General Steven Bradbury in ACLU, et. al v. DOJ, Oct. 18, 2007 (p. 7)Recipient: Alberto R. Gonzales, Counsel to the PresidentSurveillance Secre - 25
3/12/04 Jack L. Goldsmith, III, Assistant Attorney General, OLC This memo contains legal advice about intelligence activities. No further information is available.How we know: Declaration of Deputy Assistant Attorney General Steven Bradbury in ACLU, et. al v. DOJ, Oct. 18, 2007 (p. 7)Recipient: James B. Comey, Deputy Attorney GeneralSurveillance Secret - 26
3/15/04 Jack L. Goldsmith, III, Assistant Attorney General, OLC This memo outlines the OLC's view on certain classified foreign intelligence activities, but explicitly states that it is not a final opinion. The memo explains that OLC has not yet reached final conclusions.How we know: Declaration of Deputy Assistant Attorney General Steven Bradbury in ACLU, et. al v. DOJ, Oct. 18, 2007 (p. 6)Recipient: James B. Comey, Deputy Attorney GeneralSurveillance Secret - 27
3/16/04 James B. Comey, Acting Attorney General This memo contains legal recommendations on intelligence activities. No further information is available.How we know: Declaration of Deputy Assistant Attorney General Steven Bradbury in ACLU, et. al v. DOJ, Oct. 18, 2007 (p. 6)Recipient: Alberto R. Gonzales, Counsel to the PresidentSurveillance Secret - 28
3/30/04 James B. Comey, Deputy Attorney General This memo outlines a briefing prepared for Attorney General Gonzales on 'preliminary OLC conclusionsî about the Terrorism Surveillance Program, the Bush administration's official name for the warrantless wiretapping program. It lists issues where decisions are needed, issues where further consideration is necessary and other OLC opinions on the relevant intelligence activities.How we know: Declaration of Deputy Assistant Attorney General Steven Bradbury in ACLU, et. al v. DOJ, Oct. 18, 2007 (p. 30)Recipient: John D. Ashcroft, Attorney GeneralSurveillance Secret - 29
5/18/04 Rene L. Lerner, Deputy Assistant Attorney General, OLC; Adrien Silas This pre-decisional memo advised on legal approaches to National Defense Reauthorization Act of 2005, which included the so-called McCain Amendment to ban torture. Bush accepted the law, but in a signing statement, noted that the administration would not implement the amendment because it impinges on the president's constitutional authority to conduct military operations.Recipient: William E. Moschella, Office of Legislative AffairsDetainee Treatment Secret 5/18/04 Rene L. Lerner, Deputy Assistant Attorney General, OLC; Adrien Silas This pre-decisional memo advised on legal approaches to National Defense Reauthorization Act of 2005, which included the so-called McCain Amendment to ban torture. Bush accepted the law, but in a signing statement, noted that the administration would not implement the amendment because it impinges on the president's constitutional authority to conduct military operations.Recipient: William E. Moschella, Office of Legislative AffairsDetainee Treatment Secret - 30
7/?/2004 White House This memo reaffirms the White House's support for the CIA's interrogation program, according to a Washington Post report. The actual date of this memo is not known.How we know: Made public by the Washington PostRecipient: George Tenet, Director of Central IntelligenceDetainee Treatment Secret - 31
7/16/04 Assistant Attorney General, OLC This memo evaluates the implications of a recent Supreme Court decision for certain foreign intelligence activities.How we know: Declaration of Deputy Assistant Attorney General Steven Bradbury in ACLU, et. al v. DOJ, Oct. 18, 2007 (p. 22)Recipient: John D. Ashcroft, Attorney GeneralSurveillance Secret - 32
8/9/04 Daniel Levin, Acting Assistant Attorney General, OLC This memo details the OLCís views on a decision to be made by the Deputy Attorney General on a classified intelligence collection activity.How we know: Declaration of Deputy Assistant Attorney General Steven Bradbury in ACLU, et. al v. DOJ, Oct. 18, 2007 (p. 5)Recipient: James B. Comey, Deputy Attorney GeneralSurveillance Secret - 33
12/06/04 Daniel Levin, Acting Assistant Attorney General, OLC This memo provides legal advice on communications between defense attorneys and detainees in combatant status review tribunals. The tribunals determined whether detainees may be held as enemy combatants when they arrived at Guant·namo Bay.Recipient: James B. Comey, Deputy Attorney GeneralDetainee Treatment Secret - 34
5/10/05 Steven G. Bradbury, Principal Deputy Assistant Attorney General, OLC This memo discusses the treatment of detainees in CIA custody. In a court filing, the Justice Department admitted that three memos covered topics reported by the New York Times. The Times had reported the existence of only two memos.Recipient: UnknownDetainee Treatment Secre - 35
5/10/05 Steven G. Bradbury, Principal Deputy Assistant Attorney General, OLC This memo concludes that CIA interrogation methods are legal, and based on information about actual CIA interrogations, according to legal filings and a New York Times report. The memo provides explicit authorization to barrage terror suspects with a combination of painful physical and psychological tactics, the Times reported.Recipient: UnknownDetainee Treatment Secret - 36
5/30/05 Steven G. Bradbury, Principal Deputy Assistant Attorney General, OLC This memo contains legal analysis in the context of facts provided by the CIA. According to a New York Times report, this memo finds that none of the CIA's techniques amount to cruel, inhumane and degrading treatment.Recipient: UnknownDetainee Treatment Secret - 37
6/13/02 Jay S. Bybee, Assistant Attorney General, OLC This memo asserts the president's the constitutional authority to determine not only the broad strategy of U.S. military actions, but also to make specific operational and tactical decisions. The memo also opines that when foreign affairs are at issue, the laws of Congress don't bind the president, unless the statute explicitly limits White House power. The memo is titled Re: Legal Constraints to Boarding and Searching Foreign Vessels on the High Seas.Recipient: William J. Haynes, II, General Counsel, Department of DefenseExecutive Power Secret - 38
9/25/01 Deputy Assistant Attorney General, OLC, Deputy Assistant Attorney General, OLC This memo determines whether it would be unconstitutional to change the purpose of intelligence gathered under the Foreign Intelligence Surveillance Act, exploring the groundwork for the expanded electronic surveillance program that would eventually include warrantless wiretapping, and be dubbed the Terrorist Surveillance Program. The memo is titled Constitutionality of Amending Foreign Intelligence Surveillance to Change the 'Purpose' Standard for Searches.How we know: Declaration of Deputy Assistant Attorney General Steven Bradbury in New York Times v. DOJ, June 5, 2007 (p. 13)Recipient: Associate Deputy Attorney General , Associate Deputy Attorney GeneralSurveillance Secret 9/8/03 Sheldon Bradshaw, Deputy Assistant Attorney General, OLC This memo advised the Office of Management and Budget on a certain piece of draft legislation. No more is known about the memo, but government officials determined that it was responsive to a Freedom of Information Act Request for documents concerning the treatment of detainees.Recipient: Roz Rettman, Office of Management and BudgetDetainee Treatment Secret 9/8/03 Sheldon Bradshaw, Deputy Assistant Attorney General, OLC This memo advised the Office of Management and Budget on a certain piece of draft legislation. No more is known about the memo, but government officials determined that it was responsive to a Freedom of Information Act Request for documents concerning the treatment of detainees.Recipient: Roz Rettman, Office of Management and BudgetDetainee Treatment Secret 2/4/05 Daniel Levin, Acting Assistant Attorney General, OLC This letter responded to a DOD request for legal advice on an earlier OLC memo concerning the legal guidelines for interrogations. In December, 2004, Levin had repudiated an 2002 memo that concluded many harsh interrogation techniques were legal. Levin's memo concluded that some of those methods were unacceptable.Recipient: William J. Haynes, II, General Counsel, Department of DefenseDetainee Treatment Secret 9/25/01 John C. Yoo, Deputy Assistant Attorney General, OLC This memo affirms the president's authority to use military force, at home and abroad, to combat terrorism and other threats to U.S. security. The president may use military action to retaliate to attacks, as well as to prevent them, and the president alone has the authority to determine threats. The memo is titled The President's Constitutional Authority to Conduct Military Operations Against Terrorists and Nations Supporting Them.Recipient: Timothy Flanigan, Deputy Counsel to the PresidentExecutive Power Public Secret 5/30/05 Steven G. Bradbury, Principal Deputy Assistant Attorney General, OLC This memo contains legal analysis in the context of facts provided by the CIA. According to a New York Times report, this memo finds that none of the CIA's techniques amount to cruel, inhumane and degrading treatment.Recipient: UnknownDetainee Treatment Secret 6/13/02 Jay S. Bybee, Assistant Attorney General, OLC This memo asserts the president's the constitutional authority to determine not only the broad strategy of U.S. military actions, but also to make specific operational and tactical decisions. The memo also opines that when foreign affairs are at issue, the laws of Congress don't bind the president, unless the statute explicitly limits White House power. The memo is titled Re: Legal Constraints to Boarding and Searching Foreign Vessels on the High Seas.Recipient: William J. Haynes, II, General Counsel, Department of DefenseExecutive Power Secret 9/25/01 Deputy Assistant Attorney General, OLC, Deputy Assistant Attorney General, OLC This memo determines whether it would be unconstitutional to change the purpose of intelligence gathered under the Foreign Intelligence Surveillance Act, exploring the groundwork for the expanded electronic surveillance program that would eventually include warrantless wiretapping, and be dubbed the Terrorist Surveillance Program. The memo is titled Constitutionality of Amending Foreign Intelligence Surveillance to Change the 'Purpose' Standard for Searches.How we know: Declaration of Deputy Assistant Attorney General Steven Bradbury in New York Times v. DOJ, June 5, 2007 (p. 13)Recipient: Associate Deputy Attorney General , Associate Deputy Attorney GeneralSurveillance Secret 9/8/03 Sheldon Bradshaw, Deputy Assistant Attorney General, OLC This memo advised the Office of Management and Budget on a certain piece of draft legislation. No more is known about the memo, but government officials determined that it was responsive to a Freedom of Information Act Request for documents concerning the treatment of detainees.Recipient: Roz Rettman, Office of Management and BudgetDetainee Treatment Secret 2/4/05 Daniel Levin, Acting Assistant Attorney General, OLC This letter responded to a DOD request for legal advice on an earlier OLC memo concerning the legal guidelines for interrogations. In December, 2004, Levin had repudiated an 2002 memo that concluded many harsh interrogation techniques were legal. Levin's memo concluded that some of those methods were unacceptable.Recipient: William J. Haynes, II, General Counsel, Department of DefenseDetainee Treatment Secret 9/25/01 John C. Yoo, Deputy Assistant Attorney General, OLC This memo affirms the president's authority to use military force, at home and abroad, to combat terrorism and other threats to U.S. security. The president may use military action to retaliate to attacks, as well as to prevent them, and the president alone has the authority to determine threats. The memo is titled The President's Constitutional Authority to Conduct Military Operations Against Terrorists and Nations Supporting Them.Recipient: Timothy Flanigan, Deputy Counsel to the PresidentExecutive Power Public 11/05/01 John C. Yoo, Deputy Assistant Attorney General, OLC This memo concludes that the deputy attorney general can also approve warrantless electronic surveillance against people within the U.S. or U.S. citizens abroad when the information is collected for intelligence purposes rather than for law enforcement. An executive order states that the attorney general can approve this type of surveillance, but doesn't mention deputies. The memo is titled Authority of the Deputy Attorney General Under Executive Order 12333.Recipient: Associate Deputy Attorney General , Associate Deputy Attorney GeneralSurveillance Public
Tuesday, 3 February 2009
List of Bush torture memos
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