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Details
Table of Contents
Introduction: Anthony Lewis
From Fear to Torture: Karen J. Greenberg
The Legal Narrative: Joshua L. Dratel
Timeline
Missing Documents
Biographical Sketches
Memoranda. Memo 1. September 25, 2001, To: Timothy Flanigan, Deputy Counsel to the President, From: John Yoo, Deputy Assistant Attorney General, U.S. Department of Justice, Office of Legal Counsel, Re: Memorandum opinion for the Deputy Counsel to the President
Memo 2. November 13, 2001, Military Order of November 13, 2001 issued by President George W. Bush
Memo 3. December 28, 2001, To: William J. Haynes II, General Counsel, Department of Defense, From: Patrick F. Philbin, Deputy Assistant Attorney General and John Yoo, Deputy Assistant Attorney General, U.S. Department of Justice, Office of Legal Counsel, Re: Possible habeas jurisdiction over aliens held in Guantanamo Bay, Cuba
Memo 4. January 9, 2002, To: William J. Haynes II, General Counsel, Department of Defense, From: John Yoo, Deputy Assistant Attorney General, U.S. Department of Justice, Office of Legal Counsel and Robert J. Delahunty, Special Counsel, U.S. Department of Justice, Re: Application of treaties and laws to al Qaeda and Taliban detainees
Memo 5. January 19, 2002, To: Chairman of the Joint Chiefs of Staff, From: Donald Rumsfeld, Secretary of Defense, Re: Status of Taliban and al Qaeda
Memo 6. January 22, 2002, To: Alberto R. Gonzales, Counsel to the President, and William J. Haynes, General Counsel, Department of Defense, From: Jay S. Bybee, Assistant Attorney General, U.S. Department of Justice, Re: Application of treaties and laws to al Qaeda and Taliban detainees
Memo 7. January 25, 2002, To: President Bush, From: Alberto R. Gonzales, Counsel to the President, Re: Decision re application of the Geneva Convention on prisoners of war to the conflict with al Qaeda and the Taliban
Memo 8. January 26, 2002, To: Counsel to the President, Assistant to the President for National Security Affairs, From: Colin L. Powell, U.S. Department of State, Re: Draft decision memorandum for the President on the applicability of the Geneva Convention to the conflict in Afghanistan
Memo 9. February 1, 2002, To: President Bush, From: John Ashcroft, Attorney General, Re: Justice Departments position on why the Geneva Convention did not apply to al Qaeda and Taliban detainees
Memo 10. February 2, 2002, To: Counsel to the President, From: William H. Taft IV, Legal Advisor, U.S. Department of State, Re: Comments on your paper on the Geneva Convention
Memo 11. February 7, 2002, To: The Vice President, The Secretary of State, The Secretary of Defense, The Attorney General, Chief of Staff to the President, Director of CIA, Assistant to the President for National Security Affairs, Chairman of the Joint Chiefs of Staff, From: George W. Bush, Re: Humane treatment of al Qaeda and Taliban detainees
Memo 12. February 7, 2002, To: Alberto R. Gonzales, Counsel to the President, From: Jay B. Bybee, Assistant Attorney General, U.S. Department of Justice, Re: Status of Taliban forces under Article 4 of the Third Geneva Convention of 1949
Memo 13. February 26, 2002, To: William J. Haynes II, General Counsel, Department of Defense, From: Jay S. Bybee, Assistant Attorney General, U.S. Department of Justice, Re: Potential legal constraints applicable to interrogations of persons captured by U.S. Armed Forces in Afghanistan
Memo 14. August 1, 2002, To: Alberto R. Gonzales, Counsel to the President, From: Jay S. Bybee, Assistant Attorney General, U.S. Department of Justice, Re: Standards of conduct for interrogation under 18 U.S.C.S S 2340-2340A
Memo 15. August 1, 2002, To: Alberto R. Gonzales, Counsel to the President, From: John Yoo, Deputy Assistant Attorney General, U.S. Department of Justice, Office of Legal Counsel, Re: Letter regarding "the views of our Office concerning the legality, under international law, of interrogation methods to be used on captured al Qaeda operatives"
(The following three memos (#s 16, 17, 18) are cover letters to the requests for approval of counter-resistance strategies, which follow #s 19, 20.) Memo 16. October 25, 2002, To: Chairman of the Joint Chiefs of Staff, Washington D.C., From: General James T. Hill, Department of Defense, U.S. Southern Command, Miami, FL, Re: Counter-resistance techniques
Memo 17. October 11, 2002, To: General James T. Hill, Commander, U.S. Southern Command, Miami, FL, From: Maj. Gen. Michael Dunlavey, Department of Defense, JTF 170, Guantánamo Bay, Cuba, Re: Counter-resistance strategies
Memo 18. October 11, 2002, To: General James T. Hill, Commander, Joint Task Force 170, From: Diane Beaver, Staff Judge Advocate, Department of Defense, JTF 170, Guantánamo Bay, Cuba, Re: Legal review of aggressive interrogation techniques
Memo 19. October 11, 2002, To: General James T. Hill, Commander, Joint Task Force 170, From: Jerald Phifer, Director, J2, Department of Defense, JTF 170, Guantánamo Bay, Cuba, Re: Request for approval of counter-resistance strategies
Memo 20. October 11, 2002, To: General James T. Hill, Commander, Joint Task Force 170, From: Diane Beaver, Staff Judge Advocate, Department of Defense, JTF 170, Guantánamo Bay, Cuba, Re: Legal brief on proposed counter-resistance strategies
Memo 21. November 27, 2002 (approved by Rumsfeld, December 2, 2002), To: Donald Rumsfeld, Secretary of Defense, From: William J. Haynes II, General Counsel, Department of Defense, Re: Counter-resistance techniques
Memo 22. January 15, 2003, To: General Counsel of the Department of Defense, From: Donald Rumsfeld, Secretary of Defense, Re: Detainee interrogations
Memo 23. January 15, 2003, To: Commander U.S. Southern Command, From: Donald Rumsfeld, Secretary of Defense, Re: Counter-resistance techniques
Memo 24. January 17, 2003, To: General Counsel of the Department of the Air Force, From: William J. Haynes II, General Counsel, Department of Defense, Re: Working Group to Assess (Interrrogation issues)
Memo 25. March 6, 2003, Classified by: Donald Rumsfeld, Secretary of Defense, DRAFT: Working Group report on detainee interrrogations in the global war on terrorism: assessment of legal, historical, policy, and operational considerations
Memo 26. April 4, 2003, Classified by: Donald Rumsfeld, Secretary of Defense, Working Group report on detainee interrrogations in the global war on terrorism: assessment of legal, historical, policy, and operational considerations
Memo 27. April 16, 2003, To: James T. Hill, Commander, U.S. Southern Command, From: Donald Rumsfeld, Secretary of Defense, Re: Counter-resistance techniques in the war on terrorism
Memo 28. March 19, 2004, To: William H. Taft IV, General Counsel, Department of State, William J. Haynes II, General Counsel, Department of Defense, John Bellinger, Legal Adviser for National Security, Scott Muller, General Counsel, Central Intelligence Agency, Distributed to Alberto R. Gonzales, Counsel to the President, From: Jack Goldsmith III, Assistant Attorney General, Office of Legal Counsel, Re: Draft of an opinion concerning the meaning of Article 49 of the Fourth Geneva Convention as it applies in occupied Iraq
Reports. February 2004, (The ICRC Report)
Report of the International Committee of the Red Cross (ICRC) on the treatment by the coalition forces of prisoners of war and other protected persons by the Geneva Conventions in Iraq during arrest, internment and interrrogation
March 2004 (The Taguba Report)
Article 15-6. Investigation of the 800th Military Police Brigade
Annexes to the Taguba Report. Undated psychological assessment of allegations of detainee abuse at Abu Ghraib by Col. Henry Nelson, USAF Psychiatrist
September 2003, Maj. Gen. Geoffrey Miller's assessment regarding interrrogation and intelligence operations in Iraq
Memo 12 Octobr 2003, To: Combined Joint Task Force Seven, Baghdad, Iraq, From: Ricardo S. Sanchez, Lieutenant General, USA Commanding, Re: Interrogation and counter-resistance policy
Memo, 30 November 2002, To: Lt. Gen. Ricardo Sanchez, Commander CJTF-7, From: Thomas M. Pappas, Col., MI Commanding, Re: Request for exception to DJTF-7 interrogation and counter-resistance policy
Memo, 19 January 2004, To: Commander, U.S. Central Command, From: Ricardo S. Sanchez, Lt. Gen., USA Commanding, Re: Request for investigating officer
28 January 2004, Army's Criminal Investigation Division report on allegations of prisoner abuse at Abu Ghraib
CV for Brig. Gen. Janis Karpinski, Commander 800th Military Police Brigade
15 February 2004 selected portions of Brig. Gen. Janis Karpinski's testimony
April 2004. The Association of the Bar of the City of New York, Committee on International Human Rights, and Committee on Military Affairs and Justice's Report, Re: Human rights standards applicable to the U.S.'s interrogation of detainees
July 2004 (The Mikolashek Report). Department of the Army, The Inspector General: Detainee operations inspection
August 2004 (The Schlesinger Report). Final report of the independent panel to review DoD detention operations
May 12, 2004 (Vice Admiral Church's Brief). Vice Admiral Albert T. Church III's briefing on his investigation into allegations of abuse of prisoners at Guantánamo Bay, Cuba
October 2004 (Department of Defense response to the Associatied Press). The Department of Defense's response to the allegations of abuse of prisoners at Guantánamo Bay and Abu Ghraib which were noted both in the Schlesinger report and in Vice Admiral Church's press briefing
August 2004 (The Fay-Jones Report). Investigation of intelligence activities at Abu Ghraib/Investiation of the Abu Ghraib Prison and 205th Military Intelligence Brigade, LTG Anthony R. Jones/Investigation of the Abu Graib Detention Facility and 205th Military Intelligence Brigade, MG George R. Fay
August 9, 2004. American Bar Association report to the House of Delegates, Re: Uses of torture.
Afterword
Appendices. Appendix A: GTMO interrogation techniques (a one-page summary issued to reporters by Bush aides on June 22, 2004, listing which specific techniques were approved and/or used)
Appendix B: Recommended readings on torture
Appendix C: Torture-related laws and conventions
Appendix D: Legal cases relevent to the incidences of torture.
From Fear to Torture: Karen J. Greenberg
The Legal Narrative: Joshua L. Dratel
Timeline
Missing Documents
Biographical Sketches
Memoranda. Memo 1. September 25, 2001, To: Timothy Flanigan, Deputy Counsel to the President, From: John Yoo, Deputy Assistant Attorney General, U.S. Department of Justice, Office of Legal Counsel, Re: Memorandum opinion for the Deputy Counsel to the President
Memo 2. November 13, 2001, Military Order of November 13, 2001 issued by President George W. Bush
Memo 3. December 28, 2001, To: William J. Haynes II, General Counsel, Department of Defense, From: Patrick F. Philbin, Deputy Assistant Attorney General and John Yoo, Deputy Assistant Attorney General, U.S. Department of Justice, Office of Legal Counsel, Re: Possible habeas jurisdiction over aliens held in Guantanamo Bay, Cuba
Memo 4. January 9, 2002, To: William J. Haynes II, General Counsel, Department of Defense, From: John Yoo, Deputy Assistant Attorney General, U.S. Department of Justice, Office of Legal Counsel and Robert J. Delahunty, Special Counsel, U.S. Department of Justice, Re: Application of treaties and laws to al Qaeda and Taliban detainees
Memo 5. January 19, 2002, To: Chairman of the Joint Chiefs of Staff, From: Donald Rumsfeld, Secretary of Defense, Re: Status of Taliban and al Qaeda
Memo 6. January 22, 2002, To: Alberto R. Gonzales, Counsel to the President, and William J. Haynes, General Counsel, Department of Defense, From: Jay S. Bybee, Assistant Attorney General, U.S. Department of Justice, Re: Application of treaties and laws to al Qaeda and Taliban detainees
Memo 7. January 25, 2002, To: President Bush, From: Alberto R. Gonzales, Counsel to the President, Re: Decision re application of the Geneva Convention on prisoners of war to the conflict with al Qaeda and the Taliban
Memo 8. January 26, 2002, To: Counsel to the President, Assistant to the President for National Security Affairs, From: Colin L. Powell, U.S. Department of State, Re: Draft decision memorandum for the President on the applicability of the Geneva Convention to the conflict in Afghanistan
Memo 9. February 1, 2002, To: President Bush, From: John Ashcroft, Attorney General, Re: Justice Departments position on why the Geneva Convention did not apply to al Qaeda and Taliban detainees
Memo 10. February 2, 2002, To: Counsel to the President, From: William H. Taft IV, Legal Advisor, U.S. Department of State, Re: Comments on your paper on the Geneva Convention
Memo 11. February 7, 2002, To: The Vice President, The Secretary of State, The Secretary of Defense, The Attorney General, Chief of Staff to the President, Director of CIA, Assistant to the President for National Security Affairs, Chairman of the Joint Chiefs of Staff, From: George W. Bush, Re: Humane treatment of al Qaeda and Taliban detainees
Memo 12. February 7, 2002, To: Alberto R. Gonzales, Counsel to the President, From: Jay B. Bybee, Assistant Attorney General, U.S. Department of Justice, Re: Status of Taliban forces under Article 4 of the Third Geneva Convention of 1949
Memo 13. February 26, 2002, To: William J. Haynes II, General Counsel, Department of Defense, From: Jay S. Bybee, Assistant Attorney General, U.S. Department of Justice, Re: Potential legal constraints applicable to interrogations of persons captured by U.S. Armed Forces in Afghanistan
Memo 14. August 1, 2002, To: Alberto R. Gonzales, Counsel to the President, From: Jay S. Bybee, Assistant Attorney General, U.S. Department of Justice, Re: Standards of conduct for interrogation under 18 U.S.C.S S 2340-2340A
Memo 15. August 1, 2002, To: Alberto R. Gonzales, Counsel to the President, From: John Yoo, Deputy Assistant Attorney General, U.S. Department of Justice, Office of Legal Counsel, Re: Letter regarding "the views of our Office concerning the legality, under international law, of interrogation methods to be used on captured al Qaeda operatives"
(The following three memos (#s 16, 17, 18) are cover letters to the requests for approval of counter-resistance strategies, which follow #s 19, 20.) Memo 16. October 25, 2002, To: Chairman of the Joint Chiefs of Staff, Washington D.C., From: General James T. Hill, Department of Defense, U.S. Southern Command, Miami, FL, Re: Counter-resistance techniques
Memo 17. October 11, 2002, To: General James T. Hill, Commander, U.S. Southern Command, Miami, FL, From: Maj. Gen. Michael Dunlavey, Department of Defense, JTF 170, Guantánamo Bay, Cuba, Re: Counter-resistance strategies
Memo 18. October 11, 2002, To: General James T. Hill, Commander, Joint Task Force 170, From: Diane Beaver, Staff Judge Advocate, Department of Defense, JTF 170, Guantánamo Bay, Cuba, Re: Legal review of aggressive interrogation techniques
Memo 19. October 11, 2002, To: General James T. Hill, Commander, Joint Task Force 170, From: Jerald Phifer, Director, J2, Department of Defense, JTF 170, Guantánamo Bay, Cuba, Re: Request for approval of counter-resistance strategies
Memo 20. October 11, 2002, To: General James T. Hill, Commander, Joint Task Force 170, From: Diane Beaver, Staff Judge Advocate, Department of Defense, JTF 170, Guantánamo Bay, Cuba, Re: Legal brief on proposed counter-resistance strategies
Memo 21. November 27, 2002 (approved by Rumsfeld, December 2, 2002), To: Donald Rumsfeld, Secretary of Defense, From: William J. Haynes II, General Counsel, Department of Defense, Re: Counter-resistance techniques
Memo 22. January 15, 2003, To: General Counsel of the Department of Defense, From: Donald Rumsfeld, Secretary of Defense, Re: Detainee interrogations
Memo 23. January 15, 2003, To: Commander U.S. Southern Command, From: Donald Rumsfeld, Secretary of Defense, Re: Counter-resistance techniques
Memo 24. January 17, 2003, To: General Counsel of the Department of the Air Force, From: William J. Haynes II, General Counsel, Department of Defense, Re: Working Group to Assess (Interrrogation issues)
Memo 25. March 6, 2003, Classified by: Donald Rumsfeld, Secretary of Defense, DRAFT: Working Group report on detainee interrrogations in the global war on terrorism: assessment of legal, historical, policy, and operational considerations
Memo 26. April 4, 2003, Classified by: Donald Rumsfeld, Secretary of Defense, Working Group report on detainee interrrogations in the global war on terrorism: assessment of legal, historical, policy, and operational considerations
Memo 27. April 16, 2003, To: James T. Hill, Commander, U.S. Southern Command, From: Donald Rumsfeld, Secretary of Defense, Re: Counter-resistance techniques in the war on terrorism
Memo 28. March 19, 2004, To: William H. Taft IV, General Counsel, Department of State, William J. Haynes II, General Counsel, Department of Defense, John Bellinger, Legal Adviser for National Security, Scott Muller, General Counsel, Central Intelligence Agency, Distributed to Alberto R. Gonzales, Counsel to the President, From: Jack Goldsmith III, Assistant Attorney General, Office of Legal Counsel, Re: Draft of an opinion concerning the meaning of Article 49 of the Fourth Geneva Convention as it applies in occupied Iraq
Reports. February 2004, (The ICRC Report)
Report of the International Committee of the Red Cross (ICRC) on the treatment by the coalition forces of prisoners of war and other protected persons by the Geneva Conventions in Iraq during arrest, internment and interrrogation
March 2004 (The Taguba Report)
Article 15-6. Investigation of the 800th Military Police Brigade
Annexes to the Taguba Report. Undated psychological assessment of allegations of detainee abuse at Abu Ghraib by Col. Henry Nelson, USAF Psychiatrist
September 2003, Maj. Gen. Geoffrey Miller's assessment regarding interrrogation and intelligence operations in Iraq
Memo 12 Octobr 2003, To: Combined Joint Task Force Seven, Baghdad, Iraq, From: Ricardo S. Sanchez, Lieutenant General, USA Commanding, Re: Interrogation and counter-resistance policy
Memo, 30 November 2002, To: Lt. Gen. Ricardo Sanchez, Commander CJTF-7, From: Thomas M. Pappas, Col., MI Commanding, Re: Request for exception to DJTF-7 interrogation and counter-resistance policy
Memo, 19 January 2004, To: Commander, U.S. Central Command, From: Ricardo S. Sanchez, Lt. Gen., USA Commanding, Re: Request for investigating officer
28 January 2004, Army's Criminal Investigation Division report on allegations of prisoner abuse at Abu Ghraib
CV for Brig. Gen. Janis Karpinski, Commander 800th Military Police Brigade
15 February 2004 selected portions of Brig. Gen. Janis Karpinski's testimony
April 2004. The Association of the Bar of the City of New York, Committee on International Human Rights, and Committee on Military Affairs and Justice's Report, Re: Human rights standards applicable to the U.S.'s interrogation of detainees
July 2004 (The Mikolashek Report). Department of the Army, The Inspector General: Detainee operations inspection
August 2004 (The Schlesinger Report). Final report of the independent panel to review DoD detention operations
May 12, 2004 (Vice Admiral Church's Brief). Vice Admiral Albert T. Church III's briefing on his investigation into allegations of abuse of prisoners at Guantánamo Bay, Cuba
October 2004 (Department of Defense response to the Associatied Press). The Department of Defense's response to the allegations of abuse of prisoners at Guantánamo Bay and Abu Ghraib which were noted both in the Schlesinger report and in Vice Admiral Church's press briefing
August 2004 (The Fay-Jones Report). Investigation of intelligence activities at Abu Ghraib/Investiation of the Abu Ghraib Prison and 205th Military Intelligence Brigade, LTG Anthony R. Jones/Investigation of the Abu Graib Detention Facility and 205th Military Intelligence Brigade, MG George R. Fay
August 9, 2004. American Bar Association report to the House of Delegates, Re: Uses of torture.
Afterword
Appendices. Appendix A: GTMO interrogation techniques (a one-page summary issued to reporters by Bush aides on June 22, 2004, listing which specific techniques were approved and/or used)
Appendix B: Recommended readings on torture
Appendix C: Torture-related laws and conventions
Appendix D: Legal cases relevent to the incidences of torture.