Officers of the Central Intelligence Agency and other nonmilitary personnel fall outside the bounds of a 2002 directive issued by President Bush that pledged the humane treatment of prisoners in American custody, Alberto R. Gonzales, the White House counsel, said in documents released on Tuesday.
In written responses to questions posed by senators as part of his confirmation for attorney general, Mr. Gonzales also said a separate Congressional ban on cruel, unusual and inhumane treatment had "a limited reach" and did not apply in all cases to "aliens overseas." That position has clear implications for prisoners held in American custody at Guantánamo Bay, Cuba, and in Iraq, legal analysts said.
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Mr. Gonzales's acknowledgment in the written statements that the White House did not consider the C.I.A. bound by the same rules as military personnel is significant because the intelligence agency has carried out some of the government's most aggressive and controversial interrogation tactics in interviewing "high value" terror suspects. These techniques include "water boarding," in which interrogators make it appear that the suspect will be drowned.
Martin Lederman, a former Justice Department lawyer who has analyzed the administration's legal positions on treatment of prisoners, said the documents released Tuesday made it clear that the White House had carved an exemption for the C.I.A. in how it goes about interrogating terror suspects, allowing the agency to engage in conduct outside the United States that would be unconstitutionally abusive within its borders. Although the C.I.A. has been largely bound by Congressional bans on torture, Mr. Lederman said that standard was more permissive than the 2002 directive from Mr. Bush.
http://nytimes.com/2005/01/19/politics/19gonzales.html