No charge for 'good faith' torture, memo says

0 Comments | Deseret News (Salt Lake City), Jul 25, 2008 | by Pamela Hess

However, the one-page undated memo highlights legislation by Sen. Dick Durbin, D-Ill., prohibiting cruel, inhuman or degrading treatment of detainees. The amendment was approved by the Senate in June 2004 and was part of a 2005 military budget bill that became law in October 2004.

It also notes a 2004 Supreme Court decision -- which found that terror suspects held at Guantanamo Bay could challenge their detention in U.S. courts -- that "raises possible concerns about judicial review of the program, and these issues."

The Bush administration maintains waterboarding was legal when it was used by CIA interrogators in 2002 and 2003 against top al-Qaida detainees Khalid Sheikh Mohammed, Abu Zubaydah and Abd al-Rahim al- Nashiri. CIA Director Hayden said waterboarding was used, in part, because of widespread belief among U.S. intelligence officials that more catastrophic attacks were imminent.