under Memos from the Justice Department's Office of Legal Counsel (this one is the key Bybee memo that purported to 'authorize' the torture specifically of Zubaydah; my goof not noting that update from the more recently released version, which of course is the one to view, in the 'SUBJECT' line):
13. Memo from Jay Bybee to the CIA http://www.torturingdemocracy.org/documents/20020801-2.pdf [much less heavily redacted, as more recently released, at http://media.mcclatchydc.com/smedia/2009/04/16/16/Taylor-OLC-CIAtorturememo-1.source.prod_affiliate.91.pdf ] DATE: August 1, 2002 SUBJECT: Memorandum for [REDACTED] [CIA] Interrogation of [REDACTED] [al Qaeda Operative] AUTHOR: Jay Bybee, Assistant Attorney General, Office of Legal Counsel Written by the Office of Legal Counsel's Jay Bybee and sent to the Central Intelligence Agency, this heavily redacted document was released to the ACLU in 2008. It details "advising the CIA regarding interrogation methods it may use against al Qaeda members," and in one un-redacted portion, argues that "to violate the statute, an individual must have the specific intent to inflict severe pain or suffering. Based on the information you have provided us, we believe those carrying out these procedures would not have the specific intent to inflict severe pain or suffering."
and under The Detainees:
3. Zubaydah Filing http://www.gwu.edu/~nsarchiv/torturingdemocracy/documents/20080221.pdf DATE: February 21, 2008 SUBJECT: Amended Petition for Relief Under the Detainee Treatment Act of 2005, and in the Alternative, for Writ of Habeas Corpus This 2008 filing on behalf of high-value detainee Abu Zubaydah (also known as Zayn Al Abidin Muhammad Husayn) gives an annotated description of the circumstances surrounding his capture and interrogation.
---
here's the newly-released Zubaydah transcript itself:
CSRT Censorship The ACLU has filed a federal lawsuit demanding the release of un-redacted transcripts of Guantánamo Bay prisoners describing abuse and torture suffered in CIA custody. The lawsuit follows a Freedom of Information Act (FOIA) request seeking transcripts from Combatant Status Review Tribunals (CSRTs) that determine if prisoners held by the Defense Department at Guantánamo qualify as "enemy combatants." [all related primary source documents, including all of the transcripts as released thus far, linked] http://www.aclu.org/safefree/torture/csrtfoia.html
and finally, the related ACLU press release:
Newly Released Detainee Statements Provide More Evidence Of CIA Torture Program (6/15/2009)
CIA Continues To Suppress Information From Detainee Tribunals With Heavy Redactions
FOR IMMEDIATE RELEASE CONTACT: (212) 549-2666; media@aclu.org
NEW YORK – The CIA today released still-highly redacted documents in which Guantánamo Bay prisoners describe abuse and torture they suffered in CIA custody. The documents were released as part of an American Civil Liberties Union Freedom of Information Act (FOIA) lawsuit seeking uncensored transcripts from Combatant Status Review Tribunals (CSRTs) that determine if prisoners held by the Defense Department at Guantánamo qualify as "enemy combatants." In previously released versions of the documents, the CIA had removed virtually all references to the abuse of prisoners in their custody; the documents released today are still heavily blacked out but include some new information.
"The documents released today provide further evidence of brutal torture and abuse in the CIA's interrogation program and demonstrate beyond doubt that this information has been suppressed solely to avoid embarrassment and growing demands for accountability," said Ben Wizner, a staff attorney with the ACLU National Security Project and lead attorney on the FOIA lawsuit. "There is no legitimate basis for the Obama administration's continued refusal to disclose allegations of detainee abuse, and we will return to court to seek the full release of these documents."
The newly unredacted information includes statements from the CSRTs of former CIA detainees, including Khalid Sheikh Muhammad, Abd Al Rahim Hussein Mohammed Al Nashiri, Abu Zubaydah and Majid Khan, including descriptions of torture and coercion. These statements include:
• Abu Zubaydah: "After months of suffering and torture, physically and mentally, they did not care about my injuries that they inflicted to my eye, to my stomach, to my bladder, and my left thigh and my reproductive organs. They didn't care that I almost died from these injuries. Doctors told me that I nearly died four times." "They say 'this in your diary.' They say 'see you want to make operation against America.' I say no, the idea is different. They say no, torturing, torturing. I say 'okay, I do. I was decide to make operation.'"
• Al Nashiri: "[And, they used to] drown me in water."
• Muhammad: "This is what I understand he [CIA interrogator] told me: you are not American and you are not on American soil. So you cannot ask about the Constitution."
• Khan: "In the end, any classified information you have is through…agencies who physically and mentally tortured me."
"The information released today sheds some new light on the CIA's torture program, but there are still unanswered questions," said Jameel Jaffer, Director of the ACLU National Security Project. "The Obama administration should make good on its commitment to transparency, stop suppressing information about torture and abuse and hold accountable the officials who put unlawful policies in place."
Attorneys in this case are Wizner and Jaffer of the ACLU National Security Project, Judy Rabinovitz and Amrit Singh of the ACLU Immigrants' Rights Project, and Arthur B. Spitzer of the ACLU of the National Capital Area.
More information about the ACLU's CSRT FOIA, including the documents released today, is available online at: www.aclu.org/safefree/torture/csrtfoia.html [the main ACLU page regarding this matter linked first above]