A 2003 memo from the Justice Department Office of Legal Counsel that appears to authorize abusive interrogation of suspected unlawful combatants outside the United States was declassified this week.
The memo (pdf) concludes that criminal statutes that would preclude torture and other forms of physical abuse “do not apply to properly-authorized interrogations of enemy combatants.” The memo, authored by John Yoo, was subsequently rescinded, amidst widespread criticism.
From a secrecy policy point of view, the document itself exemplifies the political abuse of classification authority. Though it was classified at the Secret level, nothing in the document could possibly pose a threat to national security, particularly since it is presented as an interpretation of law rather than an operational plan. Instead, it seems self-evident that the legal memorandum was classified not to protect national security but to evade unwanted public controversy.
What is arguably worse is that for years there was no oversight mechanism, in Congress or elsewhere, that was capable of identifying and correcting this abuse of secrecy authority. (Had the ACLU not challenged the withholding of the document in court, it would undoubtedly remain inaccessible.) Consequently, one must assume similar abuses of classification are prevalent.
The 81-page memorandum, dated March 14, 2003, is entitled “Military Interrogation of Alien Unlawful Combatants Held Outside the United States.”
The emerging federal metascience community is asking fascinating questions that are equally vital for democratic legitimacy: beyond “did this program work” to “how does the federal R&D enterprise itself work, and how could it work better?”
If you’re new to the climate intervention space, welcome! The TL;DR: if we can’t stop the most catastrophic impacts of climate change with current tools quickly enough, then we need a bigger toolbox.
After months of delay, the council tasked by President Trump to review the FEMA released its final report. Our disaster policy nerds have thoughts.
FAS and FLI partnered to build a series of convenings and reports across the intersections of artificial intelligence (AI) with biosecurity, cybersecurity, nuclear command and control, military integration, and frontier AI governance. This project brought together leaders across these areas and created a space that was rigorous, transpartisan, and solutions-oriented to approach how we should think about how AI is rapidly changing global risks.