LEAKED TORTURE MEMO: URGENT:.Read, copy, circulate

[mom cat]

This is just a brief passage from the full text of the memo they dont want you to read. It could change everything.

(U) Guantanamo Bay Naval Station (GTMO) is included within the definition of the special maritime and territorial jurisdiction of the United States, and accordingly, is within the United States for the purposes of §2340, Thus, the Torture Statue does not apply to the conduct of U.S. personnel at GTMO. That GTMO is within the SMTJ of the United States is manifested by the prosecution of civilian dependents and employees living in GTMO in Federal District Courts based on SMTJ jurisdiction and Department of Justice opinion(11) and the clear intention of Congress as reflected in the 2001 amendment to the SMTJ. The USA Patriot Act (2001) amended § 7 to ad subsection 9, which provides:



"With respect to offenses committed by or against a national of the United States as that term is used in section 101 of the Immigration and Nationality Act--



----------

(U) Section 2340A provides, "Whoever outside the Unites States commits or attempts to commit torture shall be fined or imprisoned…"(emphasis added).

(U) 18 USC § 7, "Special maritime and territorial jurisdiction of the United States" includes and lands under the exclusive or concurrent jurisdiction of the United States.

(U) Several paragraphs of 19 USC § 7 are relevant to the issue at hand. Paragraph 7(3) provides: "Any lands reserved or acquired for the use of the United States, and under the exclusive or concurrent jurisdiction thereof, or any place…" Paragraph 7(7) provides "Any place outside the jurisdiction of any nation to an offense by or against a nation of the United States." Similarly, paragraphs 7(1) and 7(5) extend SMTJ jurisdiction to "the high seas, and other waters within the admiralty and maritime jurisdiction of the United States and out of the jurisdiction of any particular state, and any vessel belonging in whole or in part to the United States…" and to "any aircraft belonging in whole or in part in the United States… while such aircraft is in flight over the high seas, or over any other waters within the admiralty and maritime jurisdiction of the United States and out of the jurisdiction of any particular State."

(U) 6 Op.OLC236 (1982). The issue was the status of GTMO for purposes of a statute banning slot-machines on "any land where the United States government exercises exclusive or concurrent jurisdiction."
http://www.truthout.org/docs_04/061104C.shtml

[mom cat]

1. More stomach turning rationale for torture

more from the memo. This is one of the sickest things I ever read.
It is cold, calculating and chilling. Another snippit:

Customary International Law



(U) The Department of Justice has concluded that customary international law cannot bind the Executive Branch under the Constitution, because it is not a federal law. In particular, the Department of Justice has opined that "under clear Supreme Court precedent, any presidential decision in the current conflict concerning the detention and trial of al-Qaida or Taliban militia prisoners would constitute a "controlling" Executive act that would immediately and completely override any customary international law."

http://www.truthout.org/docs_04/061104C.shtml


Read the whole thing if you can. This just might be the memo that brings the house down... the White House that is.

[nolabels]

2. kick

:kick:

[mom cat]

3. Spread it around. This is their "legal" justification for torture.

I still can't read the whole thing, but this is explosive. No wonder they tried to keep it secret.

[Rose Siding]

4. Is this different from the one they "disavowed"

...the do-over memo? Is the release of this one authorized?

[mom cat]

6. Dummy goofed! It is only "classified" if the attatchment is attatched!

It is pleanty explosive without the attatchment and I am sure that there will be cries for that to be revealed too!

[WilliamPitt]

5. Spread it around, but fear not

That link will not disappear but over my dead or imprisoned body.

[mom cat]

7. I'm sure you know what to do with it. Love you....

[WilliamPitt]

8. I better. I'm the one who put it up there.

:)

[mom cat]

9. I thought that was you. Thanks for all you do. I have been sending

it out to everyone I can think of. Even I have a hard time believing how depraved these people are. But as Lily Tomlin said:" No matter how cynical you get, you can't keep up".

[LeftHander]

10. I have a PDF of this memo...

It is a scan of the original I got from a link here at DU. I downloaded it while it was still available on the internet. I an not sure if it was taken downb by Yahoo or not.

In it it outlines what is required to convict some one of violating the federal "Torture Statute"

I have studied this section and have come to the conclusion that Donald Rumsfeld could be convicted of violating U.S.C. 18 2340.

I am no legal expert but I hope that someone is studying this memo and in combination with other orderes issued form Rumsfeld on applying "special treatment" under the "color of law" would spur someone to open an investigation.

The arguments presented in the memo would not stand close scruitiny by a jury.

[teryang]

11. Interesting that this looks like a death row brief

defending someone who has committed one or more first degree murders.

This is the level that the white house has sunk.

I thought they were going to "preserve the dignity of the office."