In March 2002, U.S. elation at the capture of al Qaeda operations chief
Abu Zubaida was turning to frustration as he refused to bend to CIA
interrogation. But the agency's officers, determined to wring more from
Abu Zubaida through threatening interrogations, worried about being
charged with violating domestic and international proscriptions on
torture. They asked for a legal review -- the first ever by the
government -- of how much pain and suffering a U.S. intelligence
officer could inflict on a prisoner without violating a 1994 law that
imposes severe penalties, including life imprisonment and execution, on
convicted torturers. The Justice Department's Office of Legal Counsel
took up the task, and at least twice during the drafting, top
administration officials were briefed on the results. White House
counsel Alberto R. Gonzales chaired the meetings on this issue, which
included detailed descriptions of interrogation techniques such as
"waterboarding," a tactic intended to make detainees feel as if they
are drowning. He raised no objections and, without consulting military
and State Department experts in the laws of torture and war, approved
an August 2002 memo that gave CIA interrogators the legal blessings
they sought. Gonzales, working closely with a small group of
conservative legal officials at the White House, the Justice Department
and the Defense Department -- and overseeing deliberations that
generally excluded potential dissenters -- helped chart other legal
paths in the handling and imprisonment of suspected terrorists and the
applicability of international conventions to U.S. military and law
enforcement activities. [more] and [more]
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