Torture Memos Makes DOJ Sound Like Mob Attorney (TPM)

[struggle4progress]

By Andrew Tilghman - July 25, 2008, 1:49PM

The more we see of the back-and-forth between the Department of Justice and the CIA regarding the torture program a few years ago, the more it becomes clear that everyone knew it was a little shady ...

One memo in particular appears to instruct the CIA in what agents should say if anyone raised the specter of criminal charges. For example: "To violate the statute, an individual must have the specific intent to inflict severe pain or suffering. ...absence of specific intent negates the charge of torture."

"It read like an attorney preparing a mob client for a confrontation with the police," said Jonathan Turley, a law professor at George Washington University. "Why on earth would you instruct interrogators on the meaning of 'specific intent' unless you wanted to coach them as to what to say when confronted?"

The very existence of this extensive, documented legal exchange between the DOJ and the CIA underscores the intelligence officials' concern about the legality of their own program, said Herman Schwartz, a former civil rights attorney and law professor at American University.

"The CIA people knew this was shaky stuff -- that's why they kept asking for memos from the Justice Department saying this was OK. They were very scared they would have to face up to this in some way later on," <Herman Schwartz, a law professor at American University> said in a telephone interview ...

http://tpmmuckraker.talkingpointsmemo.com/2008/07/legal_reasoning_makes_torture.php

[Muttocracy]

1. And who knows what's been redacted

http://www.democraticunderground.com/discuss/duboard.php?az=view_all&address=389x3676230

[frog92969]

2. The FBI didn't have any doubts

They wanted nothing to do with it.