Protesters follow John Yoo, author of a so-called "torture memo" to his public appearances.
The president's authority as commander-in-chief overrides laws and treaties banning torture techniques, according to a 2003 memo declassified this week.
For several years, human rights groups, the media, and partisan opponents of the Bush administration and the war on terror have tried to portray the U.S. as a “torture state” that has completely abdicated its decency, its principles, and even its soul under the leadership of a president who believes in an ominous-sounding “unitary executive” branch. We’ve been barreling down a “slippery slope,” making America indistinguishable from Hitler’s Germany and Stalin’s Russia.
The slope toward more torture and abuse has gone up, not down, and it is today more difficult to climb than ever. According to existing law and Justice Department rulings, the practice has been proscribed for several years now — except, that is, for the thousands of U.S. servicemen who’ve been subjected to it by the U.S. military as part of their training.
What takes my breath away about the Yoo memos, now that we can finally read them, is their air of uttery certainty. One after another, complex questions of constitutional law are dispatched as if there's no cause for any debate. The president has all the war-making power. Congress has none. The president's commander in chief powers extend to interrogations (no matter how far from the battlefield in space and time they take place). Guantanamo Bay detainees and enemy aliens enjoy no constitutional protections. And then the pages Jack points us to, which include "Congress can no more interfere with the President's conduct of the interrogation of enemy combatants than it can dictate strategic or tactical decisions on the battlefield." In other words, Congress cannot prohibit any sort of treatment that the president chooses to allow.
