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October 7, 2008 6:01:02 AM CDT

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Secret Justice Memo Bares CIA Torture Defense

Posted Jul 25, 08 1:00 AM CDT in World,  US 

(Newser) – The Bush administration advised the CIA in 2002 that its agents would not be prosecuted on anti-torture legislation as long as they professed an "honest belief" that their actions would not cause severe pain and anguish, CNN reports. The memo is one of three made public by the ACLU, and the rights group says they prove the Justice Department essentially sanctioned torture.

"Because specific intent is an element of the offense, the absence of specific intent negates the charge of torture," wrote the assistant attorney general at the time. A second memo says waterboarding falls within accepted guidelines, and a third advised agents to keep detailed records of "enhanced interrogation" sessions.

Source CNN

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John Ashcroft, who served as attorney general when the declassified memos were written.   (AP Photo/Susan Walsh)
Former Attorney General John Ashcroft is sworn in on Capitol Hill in Washington, Thursday, July 17, 2008, prior to testifying before the House Judiciary Committee hearing looking into administration interrogations...   (AP Photo/Susan Walsh)
Khaled El-Masri, who has alleged that he was kidnapped by CIA agents in Europe and held in an Afghan prison for four months in a case of mistaken identity.   (AP Photo/Fritz Reiss, File)
Attorney General Michael Mukasey testifies on Capitol Hill in Washington.   (AP Photo/Dennis Cook, File)
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CIA  • Department of Justice  • torture  • ACLU  • Freedom of Information Act


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