Tag: David Luban

April 30, 2004… and now where are we?

If behavioral scientists are concerned solely with advancing their science, it seems most probably that they will serve the purposes of whatever individual or group has the power.

The quote above is from U.S. psychology pioneer Carl Rogers. It is worth pondering his statement as we consider both recent developments in the fight against U.S. torture, and more general considerations about the role of psychologists, physicians, and other scientific and medical personnel in interrogations for Bush’s “War on Terror.”

I was reading the New York Times’s article on the decision by the “Convening Authority” at Guantanamo to drop all charges “without prejudice” against purported sixth 9/11 Al Qaeda hijacker Mohammed al-Qahtani, when my attention was drawn to an ad from the CIA trumpeting the announcement that they were seeking applicants for “National Clandestine Service Careers.” A few clicks later, curious to see what they were offering for my own profession (not that I wish to apply), I found a number of positions open. Here’s one that caught my eye:

Overlooked by Media, Important Torture Testimony!

Cross-posted at DailyKOS

Memos written at the request of high-ranking government officials by Former Deputy Assistant Attorney General John Yoo on August 1, 2002 (also signed by Jay Bybee, now a federal judge) and March 14, 2003, assured the Bush administration that

. . . . the Department of Justice would not enforce the U.S. criminal laws against torture, assault, maiming and stalking, in the detention and interrogation of enemy combatants.”

Of course, we know that the purpose of Yoo’s memos were simply established as a means of legal clearance for all that ensued thereafter.  

Daniel Levin, Acting Assistant Attorney General Office of Legal Counsel (December 30, 2004)

. . . . specifically rejects Yoo’s definition of torture, and admits that a defandant’s motives to protect national security will not shield him from a torture prosecution.  The rescission of the August 2002 memo constitutes an admission by the Justice Department that the legal reasoning in that memo was wrong.  But for 22 months, the [sic] it was in effect, which sanctioned and led to the torture of prisoners in U.S. custody.”

Note:  all quoted material above from Marjorie Cohn, President National Lawyers Guild.