http://www.motherjones.com/mojo/2009/05/highlights-bush-administrations-anti-torture-memosA Senate judiciary subcommittee released copies of two unclassified 2005 Bush administration anti-torture memos at a hearing on Wednesday. A third anti-torture memo, written by Philip Zelikow, a former aide to then-Secretary of State Condoleezza Rice, is in the process of being declassified.
Last week, Zelikow told Mother Jones that he suspected Vice President Dick Cheney was behind an effort to "collect and destroy" all copies of that memo. Zelikow also disclosed the existence of additional anti-torture memos last week, and the Senate Judiciary subcommittee, led by Sheldon Whitehouse (D-RI) was able to obtain them for Wednesday's hearing....
The first unclassified memo, distributed in June 2005, was a joint paper
drafted by Zelikow,the state department legal adviser, John Bellinger, and Deputy Secretary of Defense Gordon England, who each harbored concerned about the White House's treatment of terrorism suspects. In the joint paper, the torture opponents argued that "while balancing the danger these individuals may present, they must be treated humanely, consistent with our values and the values of the free world." They also suggested that the President appoint a special board with the power to review detainee treatment and make recommendations. In the interim, Zelikow and the others suggested the US adopt the provisions of Common Article 3 of the Geneva Conventions as a basis for detainee treatment. They emphasize (in ALL CAPS):
WE ARE NOT SAYING THAT THESE DETAINEES ARE NECESSARlLY ENTITLED TO THIS STATUS. TO BE CLEAR: WE ARE GIVING THEM A TEMPORARY STATUS THEY DO NOT DESERVE. BUT WE ARE NOT DOING THIS FOR THEM. WE ARE DOING IT FOR US.
The dissidents also suggested the closure of the prison at Guantanamo Bay, Cuba and the transfer of detainees to US facilities (a position congressional Republicans now strenuously oppose):
As part of this interim system, and as the number of detainees goes down, the U.S. will no longer need to maintain a detention facility in Guantanamo. That facility will close and we expect to transfer remaining detainees to a facility in the United States.
They call for transparency:
If the U.S. acts as if it has something to hide, Americans and the world will assume it does. A durable system for handling captured terrorist suspects will be conducted in a manner that can withstand outside scrutiny. Further, the mystery can be dispelled in a way that builds understanding for the system, and for the dilemmas each country must face if it joins in fighting these violent, transnational organizations.
And they offer a prophetic warning:
As these individuals are brought to trial, aspects of their detention and interrogation will come to light. This is a fact. It must be faced. Better to face it now, and by this administration.
The Bush administration disregarded their advice. Donald Rumsfeld, then the Secretary of Defense, disavowed the joint paper and stripped England of responsibility for detainee affairs. But the very next month, Zelikow and Bellinger produced another memo . This time, they argued more vehemently for a "stronger legal framework" for detainee treatment:
We do not adopt legal standards in our behavior as a favor to terrorists. We do it for ourselves, and to be able to exemplify the values that distinguish us from the terrorists.
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