Torture Memos: Rationalizing the Unthinkable [Paperback]

David Cole (Editor)

Book Description

Publication Date: September 1, 2009

On April 16, 2009, the Justice Department released never-before-seen secret memos describing, in graphic detail, the brutal interrogation techniques used by the CIA under the Bush administration's "war on terror." Now, for the first time, the key documents are compiled in one remarkable volume, showing that the United States government's top attorneys were instrumental in rationalizing acts of torture and cruelty, employing chillingly twisted logic and Orwellian reasoning to authorize what the law absolutely forbids.

This collection gives readers an unfiltered look at the tactics approved for use in the CIA's secret overseas prisons--including forcing detainees to stay awake for eleven days straight, slamming them against walls, stripping them naked, locking them in a small box with insects to manipulate their fears, and, of course, waterboarding--and at the incredible arguments advanced to give them a green light.

Originally issued in secret by the Office of Legal Counsel between 2002 and 2005, the documents collected here have been edited only to eliminate repetition. They reflect, in their own words, the analysis that guided the legal architects of the Bush administration's interrogation policies.

Renowned legal scholar David Cole's introductory essay tells the story behind the memos, and presents a compelling case that instead of demanding that the CIA conform its conduct to the law, the nation's top lawyers contorted the law to conform to the CIA's abusive and patently illegal conduct. He argues eloquently that official accountability for these legal wrongs is essential if the United States is to restore fidelity to the rule of law.

Editorial Reviews

Review

"A must-read for anyone trying to reconstruct and understand how the US ended up using medieval torture methods in the 21st Century." Clive Stafford Smith - Director of Reprieve and author of "Bad Men: Guantanamo Bay and the Secret Prisons". --This text refers to an out of print or unavailable edition of this title.

About the Author

David Cole is a professor of law at Georgetown University, legal affairs correspondent for The Nation, a frequent contributor to the New York Review of Books, and author of the American Book Award-winning Enemy Aliens. He lives in Washington, D.C.
Philippe Sands, QC, is a leading international lawyer and law professor at University College London, and the author of Torture Team. He lives in London.

Product Details

• Paperback: 304 pages
• Publisher: New Press, The; First Edition, First Printing edition (September 1, 2009)
• Language: English
• ISBN-10: 1595584927
• ISBN-13: 978-1595584922
• Product Dimensions: 5.5 x 0.8 x 8 inches
• Shipping Weight: 12 ounces (View shipping rates and policies)
• Average Customer Review: 5.0 out of 5 stars  See all reviews (2 customer reviews)
• Amazon Best Sellers Rank: #370,837 in Books (See Top 100 in Books)

Most Helpful Customer Reviews

9 of 11 people found the following review helpful

5.0 out of 5 stars Georgetown Professor David Cole Critiques the Torture Memos February 18, 2010

By paul ferris

Format:Paperback

Before I purchased this book I was not sure if it would be worth buying a book that included Torture Memos which could easily be found on the Internet. I read David Cole's 40 page Introductory Commentary in the bookstore and was very impressed by his analysis and commentary. Again I debated whether I needed to buy the book and decided, "yes" I want to keep this book for ready reference. It is easier to have the Memos collected in print in one place.

In addition, David Cole combines enough legal ethics for the non-lawyer to understand where the OLC lawyers can be held accountable for providing false justifications to the CIA to commit torture. David Cole is professor of law at Georgetown but this does not mean that he cannot write like a human being with a conscience. His commentary is a great intellectual support to decent people who know in their gut that what the CIA did to captured Al Qaeda suspects, with the blessings of the OLC and top leaders in the Bush Administration, including President Bush himself, was morally wrong and illegal as well. One by one Mr. Cole exposes the rationalizations and approach of the OLC lawyers to a legal and ethical perspective.

My only suggestion for Mr. Cole would have been that he include the International Committee of the Red Cross report in his book if possible. When we read the report of actual interviews of the suspected Al Quaeda prisoners, it really adds the human and subjective element to the Torture Memos. One may ask how can we trust the testimony of 14 Al Quaeda suspects to be reliable? The 14 suspects were interviewed seperately and they all seemed to tell a story which was consistent with what the Memos approved. This would underscore what was being done in our name by the CIA. As one reads the testimony of the prisoners one may conclude that the objective of our government had more to do with punishing these suspects than trying to obtain information.

Mr. Coles's comments are especially relevant in light of the recent capture of the 2009 Christmas bomber, Abdulmutallab. Once again, Sara Palin, Richard Cheney, and Senators like Susan Collins (R-ME) argued that Abdulmutallab should have been turned over to intelligence interrogators, not the FBI. The not so subtle subtext of their criticism of President Obama and Attorney General Eric Holder is that military and CIA interrogators had the option of using "enhanced interrogation methods" on Abdulmutallab. As Sara Palin said at the TEA Party Convention, "we do not need a law professor at the lecture podium in the White House."

Professor Cole does not let President Obama off the hook either but cautions, it is not enough to say, as he did in his State of the Union Address, "I prohibited torture." That simple statement begs the question, "well, does that mean another President could approve torture"?

Professor Cole suggests that there is something deeper than President Obama's and Sara Palin's statements. It has to do with humanity, justice, and the rule of law, even when dealing with terrorist mass murders who attacked this country on 9/11. I highly recommend "The Torture Memos", especially for Professor Cole's wise analysis.

1 of 1 people found the following review helpful

5.0 out of 5 stars Must read for people who value the rule of law August 7, 2012

By Thomas M. Tamm

Format:Paperback|Amazon Verified Purchase

Professor Cole has done a masterful job demonstrating how the Bush administration perverted the rule of law. It remains amazing that no one has ever been prosecuted for the laws that were broken by lawyers who were sworn to uphold the constitution.