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Addington, Yoo Dodge Questions on Torture

by: Christopher Kuttruff, t r u t h o u t | Report

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David Addington, chief of staff for Vice President Dick Cheney, left, and John Yoo, a law professor at the University of California at Berkeley, wait to testify on Capitol Hill in Washington, Thursday on the legal rights of detainees at Guantanamo Bay.
(Photo: Susan Walsh / AP)

    John Yoo and David Addington testified Thursday before a House Judiciary subcommittee regarding their contributions to legal opinions supporting the Bush administration's interrogation program. Yoo is a former deputy assistant attorney general and Addington is chief of staff to Vice President Cheney. Addington and Yoo have become known for their often-unconventional interpretation of jurisprudence as it applies to the executive branch of government. Both figures, especially Addington, are firm advocates of an expansive "unitary executive."

    While Addington mocked the term during his testimony, both Yoo and Addington firmly believe that the president's executive powers should not be infringed upon by Congress.

    Members of the House Subcommittee on the Constitution, Civil Rights, and Civil Liberties focused their questions on news reports of interrogations as well as an August 1, 2002, memorandum to then-White House Counsel Alberto Gonzales.

    The 2002 memo, written by then-Assistant Attorney General Jay Bybee and John Yoo, has been notoriously nicknamed "the torture memo." It defines torture as "acts inflicting ... severe pain or suffering, whether mental or physical." Physical torture "must be equivalent in intensity to the pain accompanying serious physical injury, such as organ failure, impairment of bodily function, or even death." Mental torture "must result in significant psychological harm of significant duration, e.g., lasting for months or even years."

    Several committee members (seemingly unfamiliar with the specifics of the memos being discussed) frequently strayed from a more focused line of questioning to promote broad, partisan ideas.

    Representative Trent Franks (R-Arizona), mirroring the White House's stated positions on the matter, suggested in an opening statement that the Bush administration's interrogation policies have helped to gather important information regarding US national security, and that techniques used were acceptable and did not constitute torture.

    Such tangential remarks were also offered by Democratic members. Representatives Robert Scott (D-Virginia) and Melvin Watt (D-North Carolina) exhausted their five-minute periods of questioning by reiterating claims that seemed to lack substance and specificity.

    Chairman of the House Judiciary Committee John Conyers seized on the opportunity to question two officials central to the formation of an interrogation program that many human rights groups have fiercely criticized as permitting torture.

    Organizations such as the ACLU and Amnesty International have consistently condemned the Bush administration's interrogation techniques used at Guantanamo Bay, Abu Ghraib and other locations as cruel, inhumane, illegal and harmful to US international relations.

    "Administration officials' attempts to redefine the US government's obligations under US and international law through dubious legal memos with fairy-tale justifications have made a mockery of the values that Americans hold dear," Amnesty International said in a statement on its web site before the testimony of Yoo and Addington.

    "Could the president order a suspect buried alive?" Conyers asked at one point in Thursday's hearing.

    "Uh, Mr. Chairman, I don't think I've ever given advice that the president could order someone buried alive," Yoo remarked.

    Throughout his testimony, Yoo struggled with many of the questions being asked, frequently delaying, qualifying and invoking claims of privilege to avoid answering altogether.

    The subcommittee chairman, Jerrold Nadler, though, refused to accept broad claims of privilege without justification. On several occasions he interjected, demanding a direct rationale for refusing to answer certain questions.

    When asked about meetings he had regarding interrogations, Addington dismissed the question and played down the significance of the so-called War Counsel.

    During a question from Representative Debbie Wasserman Schultz (D-Florida), Addington at one point interrupted: "Is there a question pending, ma'am?" He proceeded to lecture her with regard to the manner in which she conducted her questioning.

    After three and a half hours, despite heated moments, little new information came from the testimony.

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Christopher Kuttruff is an editor and reporter for Truthout.

Comments

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It's not a question of the

It's not a question of the president's powers "being infringed upon." Congress is a co-equal branch of government; in fact, Congress is the *first* branch of government (defined in the Constitution), and it could be argued with considerable authority that the framers deliberately gave Congress *more* power than they gave the executive. Certainly they intended for Congress -- unilaterally -- to have the power to start ("declare") wars. They also meant for Congress to have the power of oversight over the entire executive branch, up to and including the president. The so-called unitary theory of the executive is a novel concept -- and one the framers would not have acknowledged or approved of, given their profound understanding of history and politics. Indeed, they wisely built in "checks and balances" precisely to avoid the sort of kingly overreaching that the Bush Administration has engaged in since day one. The model of government that Yoo, Addison, Cheney, and the other far-right Administration hacks espouse bears little resemblance to the republic that the framers carefully crafted all those years ago. It has more in common with the despotic regimes they claim to despise than with the "democracies" they pretend to admire.

Torture is treason. Torture

Torture is treason. Torture overwhelms human standards expressing in effect every violation that can be perpetrated against a human. It is the ultimate corruption of power. Its victims do not recover but carry the scars of such treatment invisibly for the rest of their lives if they can bear surviving it at all. Implied in such government behavior is the breakdown of law, Due Process, and accountability from those in power. People who are imprisoned indefinitely without charges or legal recourse and tortured are not prisoners. They are slaves. This is what the Bush Administration and its collaborators have done and what they represent.

Yoo argued for the

Yoo argued for the sexual torture of small children in front of their parents. There are far worse photos and video from Abu Ghraib and other prison camps which are too incriminating for our government to release or leak. The genocidal war in the Middle East serves also as a training ground for what awaits the people of the United States via another false flag incident and the installation of Martial Law. I'm afraid the majority of U.S. citizens are clueless about the murderous cruelty inflicted upon mostly innocent people in Iraq, Afghanistan, and Iran, waiting in line Will it require a horrific first-hand scenario to get people's attention here? Thank you, all of those Democrats in Congress who continue to betray the oath to uphold the Constitution, preferring to lie and manipulate the herd. I hope that at least one day we'll be able to conduct our own Nuremberg trials. This sham of a government is just so awash in blood as they jockey for power and wealth.

We are in very deep trouble.

We are in very deep trouble. Our Congress looks more and more like the neutered Reichstag of the Wiemar Republic that failed to stop the Nazi party from turning the German democracy of the inter war period in to a fascist dictatorship. While it may be a flawed instrument, Impeachment is all our Constitution gives us to prevent tyranny.

Pelosi's refusal to impeach

Pelosi's refusal to impeach brands her as an accomplice and a traitor. Pelosi is nothing more than Bush's whore. There is only ONE way we can force Pelosi to do her constitutional duty and IMPEACH BUSH AND CHENEY. Write, email, or call Pelosi and ALL of your Democratic representatives and tell them all in no uncertain terms that if they don't impeach B Bush and Cheney we won't vote! NO IMPEACHMENT, NO VOTE! Withholding our votes in this election year is our one and only final chance, our last hope to save our democracy. NO IMPEACHMENT, NO VOTE!

Good article. Yoo has been a

Good article. Yoo has been a blemish on our nation's honor since he helped the White House assume ever greater amounts of control by circumventing traditional legal limits. Addington's name constantly reappears connected to some dirty dealing by the Vice President with Plame's outing just one dubious achievement. An impeachment would indicate that the Executive no longer controls our nation's government, and that the rule of law has perhaps returned. The alternative is years more abuse of power--if not by the next President, then the one after or the one after that. Re-establishing a balance of powers is vital to preserving what's left of the Constitutional republic. The Courts must de-authorize the unchecked authority of the Executive, and the Media must fulfill its obligations to keep the actions of Presidency transparent .

I'm sure that Herr Himmler

I'm sure that Herr Himmler had serious attorneys that argued much like Yoo and Addington and Gonzales et al...and they made perfect legal and logical sense...and they truly beleived that it was all for 'the good fight' (richtung's krieg)...and that later when held accountable, they said that they didn't know it would go so far...and am I dreaming all this nightmare..?and when will I wake up... please...Genklag

Let's recognize that those

Let's recognize that those hired to support the 'unitary executive' did a splendid job and performed brilliantly. But enough time and energy is wasted deploring the obvious... Now, the question is, with the time and resources left, do those who see otherwise continue to let them define and lead, or do WE THE PEOPLE shoulder their democratic responsibility and act. Remember, if you are not part of the solution, then you are part of the problem. Just do it now. And every small and continual efforts do add up...even if you are told otherwise.

In watching some of the

In watching some of the hearing, Addington exudes are of the arrogance from which he has become infamous. He just could not restrain himself from being contemptible of the committee at almost every turn of phrase; saying outright at one point that there was no need to consult with Congress as the the correct meaning of anti-torture legislation. The stonewalling is almost airtight, too, as long as Cheney and Bush can hide behind the wall of national security and the protection of Mukasey. As long as that holds, a full case for impeachment cannot be made.

It used to be that if

It used to be that if children got a contagious disease they were put into "house arrest". with signs posted on entrances. Lets do the same to the Executive Branch until January 20, 2009? Treat them all like they have measles, chicken pox and polio all at the same time. No phones, no computers, no TV but plenty of liquids and ice cream. Might keep them from doing more mischief.

I wish they were "hacks".

I wish they were "hacks". Hacks aren't as successful as these traitors. A little off topic (but not really) I never cease to marvel at the things this bunch claim Jesus told them to do, despite the clear message presented by the simple, direct, and repetitive gospels. Most of the fat cats at the top of the evangelistic profit train look pretty evil to me.

Mr. Kuttruff, This piece is

Mr. Kuttruff, This piece is inworthy of TRUTHOUT. The Constitution doesn't give the President or the Vice President the powers that YOU say Congress is infringing upon. Your readers are being lead to accept the delusion of David Addington before they understand that what the controversy is! You're trying to slip the kool-aid in everyones drink before they're given the option to decline.

I agree with anonymous. Mr.

I agree with anonymous. Mr. Kuttruff states that Yoo and Addington believe that the executive powers of the President should not be infringed upon, as if the powers that the imperial Presidents are claiming are in the Constitution. Not so. Addington lied, of course, when he claimed that Article 11 states that the President has "unitary" powers. It states that the executive power shall be placed in a President. After a section about electing and paying the President, it states his "powers". Being the Commander in Chief (when Congress declares war) is mentioned in the same sentence as the power to grant reprieves, except in cases of impeachment. Clearly, the writers didn't except the USA to someday have a military jugernaut at one man's disposal. He also gets to make treaties, (to be voted on by the Senate), to appoint ambassadors, to give a State of the Union address occasionally. And to take care that the laws be faithfully executed. Hence the term, executive. Not much in the Constitution about giving a President unlimited powers, let alone powers that not even the King of England had at the time. The last section is how to impeach. Treason, bribery and other high crimes and misdemeanors. Many people think that "high crimes" means that the President has to actually commit murder in the Oval Office to be impeached. Not so. High crimes are political crimes. But Bush should be impeached for treason and bribery also.

"both Yoo and Addington

"both Yoo and Addington firmly believe that the president's executive powers should not be infringed upon by Congress. " I don't think that this is the opinion of the author, but rather the stated position of Yoo and Addington

I would like to ask Mr.

I would like to ask Mr. Addington if he would agree that the next president also has the powers he argues for Bush. If so, then would he also agree that, should the next president find it in the interest of national security to waterboard him, that is Mr. Addington, he would agree, and not fight such a decision? How about if the next president decided to hold Mr. Bush and Cheney without charge and without trial, for national security reasons, would he agree?

If anybody is even thinking

If anybody is even thinking about kidnapping these two pompous goobs, and exposing them to a dose of what they claim is so legal, please, reconsider. Tasering these Nazis and taking them somewhere secret indefinitely would be wrong. WRONG, do you hear me? Torturing them to find out what they know about the fascist coup destroying our country is not the way to go! Don't do it! Don't even talk about doing it, since it's illegal to do so! Illegal! If you did it, you'

How many remember Bush's

How many remember Bush's comment, during the run-up to his first "selection", that (slightly paraphrasing) "...The United States would be easier to govern if it were a dictatorship, as long as I'm the dictator..."? I remember this utterance well, and also the right-wing corporate controlled mainstream press' failure to pounce on this astounding statement as it damn well should have. I believed then, and it is demonstrated now, that this evil Hitlerite monster wasn't kidding. An American dictatorship is exactly what he wanted, and it is exactly what he has, through the spineless dereliction of duty of our congress, so nearly achieved. A fascist dictatorship, as history has shown, sneaks up on you. It doesn't simply announce what it is up front and trash your democracy. It seduces a country, hiding behind patriotism, god and security, the classic refuges of scoundrels. So, as Ben Franklin said (again slightly paraphrasing), those who would sacrifice liberty for security will soon have neither. Welcome to the Republican uber-vision of America.

"Several committee members

"Several committee members (seemingly unfamiliar with the specifics of the memos being discussed) frequently strayed from a more focused line of questioning to promote broad, partisan ideas. " How in the world is it possible to get to the bottom of any important question during those hearings if Congresspersons waste their time posturing for TV, promoting broad partisan ideas instead of doing their freaking HOMEWORK?? Is it any wonder the Addingtons of this world harbor so much contempt toward Congress? Another big problem is Congress's approach to problems: extreme partisanship, reality be damned. They do not see themselves as representing the People anymore, but as members of a "team" which sole mission in life is to defeat the "opposition", not solve a particular problem for the country as a whole. The President is the Captain of the team and everyone gets their marching orders. A very convenient method of appeasing their consciences by the way. " Representative Trent Franks (R-Arizona), mirroring the White House's stated positions on the matter, suggested in an opening statement that the Bush administration's interrogation policies have helped to gather important information regarding US national security, and that techniques used were acceptable and did not constitute torture." Wow! Aren't we blessed to benefit from the vast expertise on interrogation techniques by the ineffable Mr. Franks, who seems very content to merely parrot the Administration talking points on this matter? Has Representative Franks ever consulted with real experts in the field? Most likely not.

I have been hoping,

I have been hoping, apparently in vain, for some action by the Pennsylvania Bar (of which John Yoo is a member) to consider disciplinary measures such as censure, in view of his apparently deliberate failure to consider the most relevant legal precedents when he concocted the Torture Memo. I wrote to the PA Bar shortly after the Torture Memo became a public document (http://www.snewcomb.net/yoo/yoo-letter.pdf). The PA Bar's 3-page reply (http://www.snewcomb.net/yoo/killion-yoo-response.pdf) was a first-class piece of legal work, and it disabused me of any naive beliefs I may have had that the nation's bar associations provide any serious supervision of the quality of their members' work. I'm left with an unanswered question: where is the accountability, in our system, faced by legal professionals who, like rogue computer hackers, insert malicious code (like Yoo's Torture Memo and the memos by Jay Bybee that preceded it) into our national legal operating system? I have yet to see any serious consequences, or even any prospect of serious consequences, for these serious failures of professional integrity that have led directly to undermining our national security, our national character, and the rule of law.

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