One has to ask why a justice department clarification on the definition of torture was classified in the first place unless someone was worried that the nature of the clarification would be seen as damaging. What has been made public claims that an interrogator must have "have the specific intent to inflict severe pain or suffering" in order to be considered a torturer. What, like the severe pain and suffering inflicted was going to occur without intent...by accident. Oops.
Previously secret torture memo released
The Bush administration told the CIA in 2002 that its interrogators working abroad would not violate U.S. prohibitions against torture unless they "have the specific intent to inflict severe pain or suffering," according to a previously secret Justice Department memo released Thursday.
"Because specific intent is an element of the offense, the absence of specific intent negates the charge of torture," Jay Bybee, then the assistant attorney general, wrote in the memo. Bybee shown at left has since been appointed as judge for the 9th Circuit Court.
The 18-page memo is heavily redacted, with 10 of its 18 pages completely blacked out and only a few paragraphs legible on the others. It was made public by the American Civil Liberties Union, which obtained it and two other CIA-related documents under Freedom of Information Act requests.
"These documents supply further evidence, if any were needed, that the Justice Department authorized the CIA to torture prisoners in its custody," said Jameel Jaffer, director of the ACLU National Security Project.
Read the Justice Department documents (PDF)
Related:
Why The Bybee Memo Reads Like a One-Sided Brief: It Was (for the CIA)
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