The Justice Department in 2003 gave military interrogators broad authority to use extreme methods in questioning detainees and argued that wartime powers largely exempted interrogators from laws banning harsh treatment, according to a memorandum publicly disclosed on Tuesday.
In a sweeping legal brief written in March 2003, when the Pentagon was struggling to determine the appropriate limits for its interrogators, the Justice Department gave the Pentagon much of the same authority it had provided to the Central Intelligence Agency in a memorandum months earlier. Both memorandums were later rescinded by the Justice Department.
The disclosure of the 2003 document, a detailed 81-page opinion written by John C Yoo, who at the time was the second-ranking official at the Office of Legal Counsel at the Justice Department, is likely to fuel the already intense debate about legal boundaries in the face of a continuing terrorist threat.
Yoo’s memorandum is the latest document to illuminate the legal foundation that Bush administration lawyers used after the attacks of September 11, 2001, to give the White House broad powers to capture, detain and interrogate suspects around the globe.
The thrust of Yoo’s brief has long been known, but its specific contents were revealed on Tuesday after government lawyers turned it over to the American Civil Liberties Union, which has sought hundreds of documents from the Bush administration under the Freedom of Information Act.
Some legal scholars said on Tuesday that they were amazed at the scope of the memorandum.
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