Hmmm
The NY Times story on the CIA tapes had this interesting note:
The CIA has said that the Justice Department and other elements of the executive branch reviewed and approved the use of a set of harsh techniques before they were used on any prisoners, and that the Justice Department issued a classified legal opinion in August 2002 that provided explicit authorization for their use.
Since when do Justice Departments issue secret rulings? I thought the whole point of the rule of law, from the Code of Hammurabi on down, is that the laws are public. But I guess that’s pre-9/11 thinking for you.
Tags: CIA, Justice Department, Politics, rule of law, secret legal ruling, torture
December 7th, 2007 at 11:40 pm
At first glance I don’t think this is really an “opinion.” Probably more like an internal memo or interpretation.
December 8th, 2007 at 3:03 pm
Hey, I’m just working off what the Times called it and I assume they have a reason.
December 12th, 2007 at 2:33 am
Probably this classified opinion was issued through a process along these lines:
CIA: “Hypothetically, if we did X Y Z, would that be illegal?”
Justice Department: “Yes.”
CIA: “BTW this conversation never happened.”
I wouldn’t necessarily call it a slap in the face of the rule of law, but it is very fishy. The intelligence “community” is way out of line on this. Honestly, any excuse to strip away civil liberties…
December 12th, 2007 at 2:34 am
And by “Yes,” of course I mean “No.” Though I wish it had gone the other way.
February 23rd, 2008 at 1:15 am
The answer is coming.