Endorsement of Severe Interrogations. Later that year, as Congress moved toward outlawing . The Justice Department document declared that none of the C. I. A. But the 2. 00. Justice Department opinions remain in effect, and their legal conclusions have been confirmed by several more recent memorandums, officials said. They show how the White House has succeeded in preserving the broadest possible legal latitude for harsh tactics. A White House spokesman, Tony Fratto, said Wednesday that he would not comment on any legal opinion related to interrogations. Most officials would speak only on the condition of anonymity because of the secrecy of the documents and the C. I. A. Gonzales talked proudly in a farewell speech of how his department was . Gonzales seldom resisted pressure from Vice President Dick Cheney and David S. Gonzales turned his agency into an arm of the Bush White House, undermining the department. Bradbury, who since 2. Office of Legal Counsel at the Justice Department. He has become a frequent public defender of the National Security Agency. Bradbury defended the work of his office as the government. Bush administration adopted secret detention and coercive interrogation, both practices the United States had previously denounced when used by other countries. It adopted the new measures without public debate or Congressional vote, choosing to rely instead on the confidential legal advice of a handful of appointees. The policies set off bruising internal battles, pitting administration moderates against hard- liners, military lawyers against Pentagon chiefs and, most surprising, a handful of conservative lawyers at the Justice Department against the White House in the stunning mutiny of 2. Official entry point to South African government provides news and information along with background material about the land, its people and history. Includes government structures, functions, leaders, programme of action. Free shipping will not be applied to purchases being shipped to U.S. Territories, APO/FPO addresses, Alaska, or Hawaii. Bradbury, the Justice Department was wrenched back into line with the White House. After the Supreme Court ruled in 2. Geneva Conventions applied to prisoners who belonged to Al Qaeda, President Bush for the first time acknowledged the C. I. A. The executive order was reviewed and approved by Mr. Free shipping on every order or free same day store pick up on every order plus free and easy returns. Save an extra 5% every day with a Target REDcard. Bradbury and the Office of Legal Counsel. Douglas W. Kmiec, who headed that office under President Ronald Reagan and the first President George Bush and wrote a book about it, said he believed the intense pressures of the campaign against terrorism have warped the office. Kmiec, now a conservative scholar at Pepperdine University law school. But at times in recent years, Mr. Kmiec said, the office, headed by William H. Rehnquist and Antonin Scalia before they served on the Supreme Court, . Nervous interrogators wanted to know: Are we breaking the laws against torture? The Bush administration had entered uncharted legal territory beginning in 2. International Red Cross and subjecting them to harrowing pressure tactics. They included slaps to the head; hours held naked in a frigid cell; days and nights without sleep while battered by thundering rock music; long periods manacled in stress positions; or the ultimate, waterboarding. Information about the administration including constituent services, executive orders, directives and appointments. Lulus.com is the style destination for trendsetters worldwide! Fans covet the popular Lulus label, emerging designer mix, and favorite go-to brands! I agree to the terms and conditions. Message and data rates may apply. You'll receive up to (5) marketing messages per month, which may be sent by Origins using an automated dialing system. Your consent here is not required in. Southern Scholarship Foundation has helped thousands of students with financial needs get a college education. We help students attending Florida State University, Florida A&M University, the University of Florida, and Florida. Never in history had the United States authorized such tactics. While President Bush and C. I. A. The agency officers questioning prisoners constantly sought advice from lawyers thousands of miles away. Boston graffiti urges violence on Trump backers FBI: No charges against Clinton after new email review FBI: No charges against Clinton after new email review #POLL the FBI email scrub =24% less likely to vote for #Clinton. White House, DoD Salute Companies' Commitment to Hire Military Spouses. Kelbaugh, a veteran intelligence lawyer who was deputy legal counsel at the C. I. A. He recalled agency officers asking: . Kelbaugh said, as word spread about a C. I. A. The Americans were not charged with crimes, but they endured three years of investigation, saw their careers derailed and ran up big legal bills. That experience shook the Qaeda interrogation team, Mr. And someone tells you, . Kelbaugh said the questions were sometimes close calls that required consultation with the Justice Department. But in August 2. 00. That opinion, which would become infamous as . His broad views of presidential power were shared by Mr. Addington, the vice president. Their close alliance provoked John Ashcroft, then the attorney general, to refer privately to Mr. Yes for his seeming eagerness to give the White House whatever legal justifications it desired, a Justice Department official recalled. Mr. 1. 1 attacks, interrogators were again haunted by uncertainty. Former intelligence officials, for the first time, disclosed that a variety of tough interrogation tactics were used about 1. Mr. Agency officials then ordered a halt, fearing the combined assault might have amounted to illegal torture. Little said the program . Little added. Some intelligence officers say that many of Mr. One problem, a former senior agency official said, was that the C. I. A. The former official said many C. I. A. Kelbaugh, insist that the harsh treatment produced invaluable insights into Al Qaeda. Kelbaugh said, referring to Mr. It may not be correct. Wait for some legal clarification. In late 2. 00. 3, after Mr. Yoo left the Justice Department, the new head of the Office of Legal Counsel, Jack Goldsmith, began reviewing his work, which he found deeply flawed. Goldsmith infuriated White House officials, first by rejecting part of the National Security Agency. Comey, and a showdown at the attorney general. Goldsmith formally withdrew the August 2. Yoo memorandum on interrogation, which he found overreaching and poorly reasoned. Goldsmith, who left the Justice Department soon afterward, first spoke at length about his dissenting views to The New York Times last month, testified before the Senate Judiciary Committee on Tuesday. Six months later, the Justice Department quietly posted on its Web site a new legal opinion that appeared to end any flirtation with torture, starting with its clarionlike opening: . But the opinion was unmistakably a retreat. Some White House officials had opposed publicizing the document, but acquiesced to Justice Department officials who argued that doing so would help clear the way for Mr. Gonzales was the ideal choice. As White House counsel, he had been a fierce protector of the president. Bush for championing his career from their days in Texas, Mr. Gonzales would sometimes tell colleagues that he had just one regret about becoming attorney general: He did not see nearly as much of the president as he had in his previous post. Among his first tasks at the Justice Department was to find a trusted chief for the Office of Legal Counsel. First he informed Daniel Levin, the acting head who had backed Mr. Levin to take a position at the National Security Council, in effect sidelining him. Mr. Bradbury soon emerged as the presumed favorite. But White House officials, still smarting from Mr. Miers, the new White House counsel, . He was sort of on trial. Gonzales, the son of poor immigrants. The first in his family to go to college, he attended Stanford and the University of Michigan Law School. He joined the law firm of Kirkland & Ellis, where he came under the tutelage of Kenneth W. Starr, the Whitewater independent prosecutor. Mr. Bradbury belonged to the same circle as his predecessors: young, conservative lawyers with sterling credentials, often with clerkships for prominent conservative judges and ties to the Federalist Society, a powerhouse of the legal right. Yoo, in fact, had proposed his old friend Mr. Goldsmith for the Office of Legal Counsel job; Mr. Goldsmith had hired Mr. Bradbury as his top deputy. Dinh, an assistant attorney general from 2. Gonzales was soon meeting frequently with Mr. Bradbury on national security issues, a White House priority. Bradbury as low- key but highly skilled, a conciliator who brought from 1. Mr. Goldsmith, both from the academic world. Francisco, who worked at the Justice Department from 2. Gonzales usually said little in meetings with other officials, often deferring to the hard- driving Mr. Bradbury also often appeared in accord with the vice president. Bradbury appeared to be . At interagency meetings on detention and interrogation, Mr. Addington was at times . Bradbury, while taking similar positions, was . Bradbury was in an awkward position, knowing that a decision contrary to White House wishes could kill his chances. Charles J. Cooper, who headed the Office of Legal Counsel under President Reagan, said he was . Bradbury said he made no such concessions. He helped block the appointment of a liberal Ivy League law professor to a career post in the Office of Legal Counsel. And he signed the opinion approving combined interrogation techniques. Mr. Comey strongly objected and told associates that he advised Mr. Gonzales not to endorse the opinion. But the attorney general made clear that the White House was adamant about it, and that he would do nothing to resist. Under Mr. An imposing former prosecutor and self- described conservative who stands 6- foot- 8, he was the rare administration official who was willing to confront Mr. At one testy 2. 00. White House meeting, when Mr. Addington demurred, saying he was a lawyer and found it convincing. Gonzales, and after the departure of Mr. Goldsmith and other allies, the deputy attorney general found himself isolated. His troublemaking on N. S. A. Fitzgerald as special prosecutor in the C. I. A. Comey provided some hints of his thinking about interrogation and related issues in a speech that spring. Speaking at the N. S. A. But he argued that government lawyers must uphold the principles of their great institutions. It takes an understanding that in the long run, intelligence under law is the only sustainable intelligence in this country. Comey depart in the summer of 2. That June, President Bush nominated Mr. Bradbury to head the Office of Legal Counsel, which some colleagues viewed as a sign that he had passed a loyalty test. Soon Mr. Bradbury applied his practical approach to a new challenge to the C. I. A. But officials had privately decided the agency did not have to comply with another provision in the Convention Against Torture . First Senator Richard J. Durbin, Democrat of Illinois, and then Senator John Mc. Cain, the Arizona Republican who had been tortured as a prisoner in North Vietnam, proposed legislation to ban such treatment. At the administration. Bradbury assessed whether the proposed legislation would outlaw any C. Obama issues 'executive orders by another name'. President Obama has issued a form of executive action known as the presidential memorandum more often than any other president in history - using it to take unilateral action even as he has signed fewer executive orders. Photo: Carolyn Kaster, AP)WASHINGTON . He's used presidential memoranda to make policy on gun control, immigration and labor regulations. Tuesday, he used a memorandum to declare Bristol Bay, Alaska, off- limits to oil and gas exploration. Like executive orders, presidential memoranda don't require action by Congress. They have the same force of law as executive orders and often have consequences just as far- reaching. And some of the most significant actions of the Obama presidency have come not by executive order but by presidential memoranda. Obama has made prolific use of memoranda despite his own claims that he's used his executive power less than other presidents. Published alongside them in the Federal Register are 1. He's also issued 4. Democratic president, Bill Clinton, who assertively used memoranda to signal what kinds of regulations he wanted federal agencies to adopt. Obama is not the first president to use memoranda to accomplish policy aims. But at this point in his presidency, he's the first to use them more often than executive orders. So the White House and its defenders can say, 'He can't be abusing his executive authority; he's hardly using any orders. Bush and President Bill Clinton did. And yet memoranda are often as significant to everyday Americans than executive orders. The next week, he issued a presidential memorandum to the Treasury Department instructing it to develop a pilot program. They ordered federal law enforcement agencies to trace any firearm that's part of a federal investigation, expanded the data available to the national background check system, and instructed federal agencies to conduct research into the causes and possible solutions to gun violence. Two more recent memos directed the administration to coordinate an overhaul of the nation's immigration system . Of the dozens of steps Obama announced as part of his immigration plan last month, none was accomplished by executive order. Executive orders are numbered . Memoranda are not numbered, not indexed and, until recently, difficult to quantify. Kenneth Lowande, a political science doctoral student at the University of Virginia, counted up memoranda published in the Code of Federal Regulations since 1. In an article published in the December issue of Presidential Studies Quarterly, he found that memoranda appear to be replacing executive orders. Indeed, many of Obama's memoranda do the kinds of things previous presidents did by executive order. Forty years later, Obama issued a similar policy by memorandum. Bush established the Bob Hope American Patriot Award by executive order in 2. Obama created the Richard C. Holbrooke Award for Diplomacy by memorandum in 2. On his week in office, Obama directed the attorney general to revisit those reports . In a footnote to her 1. Harvard Law Review, former Clinton associate White House counsel Elena Kagan . President, here's what needs to be in an executive order.' . Executive orders are numbered; memoranda are not. Memoranda are always published in the Federal Register after proclamations and executive orders. And under Executive Order 1. President Kennedy in 1. Memoranda have no such requirement. Obama, like other presidents, has used memoranda for more routine operations of the executive branch, delegating certain mundane tasks to subordinates. About half of the memoranda published on the White House website are deemed so inconsequential that they're not counted as memoranda in the Federal Register. Sometimes, there are subtle differences. President Eisenhower signed Executive Order 1. Department of Defense and other Cabinet departments. President Bush added other departments in 2. Obama both used memoranda to give temporary authority to the U. S. Agency for International Development to respond to crises in Iraq and western Africa. When the president determines the order of succession in a Cabinet- level department . For other agencies, he uses a memorandum. Both executive orders and memoranda can vary in importance. One executive order this year changed the name of the National Security Staff to the National Security Council Staff. Both instruments have been used to delegate routine tasks to other federal officials.'THE FUNCTIONAL EQUIVALENT'Whatever they're called, those executive actions are binding on future administrations unless explicitly revoked by a future president, according to legal opinion from the Justice Department. The Office of Legal Counsel . He cited a 1. 94. President Franklin Roosevelt carried the same weight as an executive order. The Office of Legal Counsel signs off on the legality of executive orders and memoranda. During the first year of Obama's presidency, the Office of Legal Counsel asked Congress for a 1. Obama has issued at least 2. In a Freedom of Information Act lawsuit last year, a federal court ruled that these, too, are . Explaining Obama's memoranda on immigration last month, Press Secretary Josh Earnest said the president would happily . Earnest later corrected himself. I meant executive actions.
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