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 The memo, authored by John Yoo, was subsequently rescinded, amidst widespread criticism.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 United States Air Force has forward deployed about one-third of its B-2 stealth bombers to Diego Garcia, or about half the B-2s considered fully operational at any given time. A Planet Labs satellite image taken earlier today shows six of the characteristic bombers on the apron alongside six refueling tankers. The current deployment of […]
Extreme heat is the leading weather-related cause of injury and death and innovations in the built environment can save money and lives.
By requiring all states to conduct flood infrastructure vulnerability assessments (FIVAs), the federal government can limit its financial liability while advancing a more efficient and effective model of flood resilience that puts states and localities at the fore.
FAS is invested in seeing more students gain science and technology skills and enter STEM careers, both for students and for our country’s competitive advantage.