Pushing the Envelope on Presidential Power (Cheney power)

[leQ]

Source: WP

Shortly after the first accused terrorists reached the U.S. naval prison at Guantanamo Bay, Cuba, on Jan. 11, 2002, a delegation from CIA headquarters arrived in the Situation Room. The agency presented a delicate problem to White House counsel Alberto R. Gonzales, a man with next to no experience on the subject. Vice President Cheney's lawyer, who had a great deal of experience, sat nearby. The meeting marked "the first time that the issue of interrogations comes up" among top-ranking White House officials, recalled John C. Yoo, who represented the Justice Department. "The CIA guys said, 'We're going to have some real difficulties getting actionable intelligence from detainees'" if interrogators confined themselves to humane techniques allowed by the Geneva Conventions.

From that moment, well before previous accounts have suggested, Cheney turned his attention to the practical business of crushing a captive's will to resist. The vice president's office played a central role in shattering limits on coercion in U.S. custody, commissioning and defending legal opinions that the Bush administration has since portrayed as the initiatives, months later, of lower-ranking officials

Cheney and his allies, according to more than two dozen current and former officials, pioneered a novel distinction between forbidden "torture" and permitted use of "cruel, inhuman or degrading" methods of questioning. They did not originate every idea to rewrite or reinterpret the law, but fresh accounts from participants show that they translated muscular theories, from Yoo and others, into the operational language of government.

A backlash beginning in 2004, after reports of abuse leaked out of Iraq's Abu Ghraib prison and Guantanamo Bay, brought what appeared to be sharp reversals in courts and Congress -- for both Cheney's claims of executive supremacy and his unyielding defense of what he called "robust interrogation."

Read more: http://blog.washingtonpost.com/cheney/chapters/pushing_the_envelope_on_presi/index.html

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the article is long, but definitely worth a read.

[rodeodance]

1. and on and on!----always pushing and Repug congress sitting on their butts!!

[capi888]

2. Cheney is the REAL president...

Don't cha know??? Bush has been the front man..and was planned from the beginning. Thats why our Gov't is so screwed up. Cheney has been pulling the strings of his puppet BUSH. Fogettaboutit...don't follow the law....just sign this Georgie or I will punish you....I can really see Cheney doing that...really!!

[lovuian]

3. the cabal came in and Cheney took over

Bush is a Drinking Bozo but Cheney is downright a madman and the guy in control

[Miss Chybil]

4. I'm having trouble keeping my chin off the floor reading this one. More from the article...

I knew it was bad, but seeing it spelled out - step by step - is really overwhelming....


'No More Secret Opinions'
David S. Addington, Cheney's general counsel, set the new legal agenda in a blunt memorandum shortly after the CIA delegation returned to Langley. Geneva's "strict limits on questioning of enemy prisoners," he wrote on Jan. 25, 2002, hobbled efforts "to quickly obtain information from captured terrorists."

No longer was the vice president focused on procedural rights, such as access to lawyers and courts. The subject now was more elemental: How much suffering could U.S. personnel inflict on an enemy to make him talk? Cheney's lawyer feared that future prosecutors, with motives "difficult to predict," might bring criminal charges against interrogators or Bush administration officials.

Geneva rules forbade not only torture but also, in equally categorical terms, the use of "violence," "cruel treatment" or "humiliating and degrading treatment" against a detainee "at any time and in any place whatsoever." The War Crimes Act of 1996 made any grave breach of those restrictions a U.S. felony . The best defense against such a charge, Addington wrote, would combine a broad presidential direction for humane treatment, in general, with an assertion of unrestricted authority to make exceptions.

The vice president's counsel proposed that President Bush issue a carefully ambiguous directive. Detainees would be treated "humanely and, to the extent appropriate and consistent with military necessity, in a manner consistent with the principles of" the Geneva Conventions. When Bush issued his public decision two weeks later, on Feb. 7, 2002, he adopted Addington's formula -- with all its room for maneuver -- verbatim.

http://blog.washingtonpost.com/cheney/chapters/pushing_the_envelope_on_presi/index.html