Balkinization  

Sunday, June 27, 2004

The Work of Isolated Individuals

JB

What do torture and the torture memos have in common? The Bush Administration says they were the work of a few isolated individuals. Then it turns out, not so much.

The Washington Post reports that the torture memo that the Bush Administration is falling all over itself to repudiate was no frolic and detour by crazed lunatics. It was vetted at the highest levels:

Although the White House repudiated the memo Tuesday as the work of a small group of lawyers at the Justice Department, administration officials now confirm it was vetted by a larger number of officials, including lawyers at the National Security Council, the White House counsel's office and Vice President Cheney's office. . . .

A Justice Department official said Tuesday at a briefing that the office went "beyond what was asked for," but other lawyers and administration officials said the memo was approved by the department's criminal division and by the office of Attorney General John D. Ashcroft.

In addition, Timothy E. Flanigan -- then deputy White House counsel -- discussed a draft of the document with lawyers at the Office of Legal Counsel before it was finalized, the officials said. David S. Addington, Cheney's counsel, also weighed in with remarks during at least one meeting he held with Justice lawyers involved with writing the opinion. He was particularly concerned, sources said, that the opinion include a clear-cut section on the president's authority.


You just knew Cheney's people were behind the Commander-in-Chief section.

Michael Froomkin has more.


Comments:

Yes, I'd say this was the work of a "small group of lawyers" - "small" in the sense of "trivial", "petty", and "minor", not numerical size.
 

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