June 8, 2004

HARMAN CRITICIZES BUSH ADMINISTRATION MEMO FOR
JUSTIFYING TORTURE

Washington, DC - Congresswoman Jane Harman (CA-36), Ranking Democrat on the House Permanent Select Committee on Intelligence, obtained a copy of an internal Administration memo, titled “Working Group Report on Detainee Interrogations in the Global War on Terror.” The memo was not provided by the Administration.

The memo was the subject of front-page articles in the Washington Post, New York Times, and the Wall Street Journal this week. It was stamped “draft” and dated 6 March 2003.

In response to the memo, Rep. Harman issued the following statement:

“This memo is shocking in that it appears to justify torturing prisoners in U.S. control. Although the Attorney General denied that this draft represented official Administration policy, it should never have been circulated or gained traction within the Bush Administration. Its core arguments are completely at odds with everything Congress has been told about our interrogation procedures, and it raises questions as to whether these arguments contributed to the mistreatment of prisoners in U.S. custody.

There are many highly disturbing aspects of this memo, but the following three are the most egregious.

First, Congress has been repeatedly assured that all interrogations were being conducted in accordance with the Convention on Torture. However, the memo states that the U.S. law implementing the Convention does not apply to the conduct of U.S. personnel at Guantanamo Bay. In the Committee’s oversight of detainee issues, including three trips that I have taken to Guantanamo Bay, this extraordinary legal argument was never advanced.

Second, this memo argues that the President is not bound by criminal laws in the context of his role as Commander-in-Chief during war - that the President may be above the law. This is a concept of executive authority that was discarded at Runnymeade in the 13th Century and has absolutely no place in our Constitutional system.

Third, the memo argues that torturing prisoners may be justified as part of America’s right to ‘self-defense.’ This argument suggests that the perpetrators of the prisoner abuse at Abu Ghraib - and those above them in the chain of command - cannot be held accountable for their conduct. This contradicts the statement by President Bush that those responsible for the abuse at Abu Ghraib will be brought to justice.

These views - that torture may be justified, that the President may be above the law, and that perpetrators of abuse were acting lawfully - are antithetical to American laws and values. It is critical that the President and the Secretary of Defense distance themselves from these views and assure the American people that these ideas are not and will not be part of official U.S. policy.

It is also critical that the Administration immediately provide the entire memo to Congress with an appropriate explanation. Congressional oversight committees should not have to learn about our government’s policies through the media.

Interrogations are a vital part of intelligence-gathering in the war on terrorism and the war in Iraq. This intelligence-gathering must proceed according to our laws and values. It must also be effective, and studies have shown that coercive measures do not produce reliable intelligence. If we do not respect our own laws and values, then how can we expect the people of the world to follow our example?”

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