Memorandum for
The Vice President [Dick Cheney]
The Secretary of State [Colin Powell]
The Secretary of Defense [Donald Rumsfeld]
The Attorney General [John Ashcroft]
Chief of Staff to the President [Andrew Card]
Director of Central Intelligence [George Tenet]
Assitant to the President for National Security Affairs [Condoleezza Rice]
Chairman of the Joint Chiefs of Staff [General Richard Myers]

SUBJECT : Humane Treatment of a1 Qaeda and Taliban Detainees

1. Our recent extensive discussions regarding the status
of a1Qaeda and Taliban detainees confirm that the application
of the Geneva Convention Relative to the Treatment
of Prisoners of War of August 12, 1949 (Geneva) to the
conflict with a1 Qaeda and the Taliban involve complex
legal questions. By its terms, Geneva applies to conflicts
involving “High Contracting Parties” which can only be
states. Moreover, it assumes the existence of “regular”
armed forces fighting on behalf of states. However, the
war against terrorism ushers in new paradigm, one in
which groups with broad, international reach commit horrific
acts against innocent civilians sometimes with the direct
support of states. Our Nation recognizes that this new
paradigm — ushered in not by us, but by terrorists –
requires new thinking in the law of war, but thinking that
nevertheless be consistent with the principles of Geneva.

2. Pursuant to my authority as Commander in Chief and Chief
Executive of the United States, and relying on the opinion
of the Department of Justice dated January 22, 2002, and on
the legal opinion rendered by the Attorney General in his
letter of February 1, 2002, thereby determine as follows:

a. I accept the legal conclusion of the Department of
Justice and determine that none of the provisions
of Geneva apply to our conflicts with a1 Qaeda in
Afghanistan or elsewhere throughout the world because,
among other reasons, a1 Qaeda is not a High Contracting
Party to Geneva.

b. I accept the legal conclusion of the Attorney General
and the Department of Justice that I have the authority
under the Constitution to suspend Geneva as between
the United States and Afghanistan, but I decline to
exercise that authority at this time. Accordingly I
determine that the provisions of Geneva will apply to our
present conflict with the Taliban. I reserve the right
to exercise this authority in this or future conflicts.

c. I also accept the legal conclusion of the Department of
Justice and determine that common Article 3 of Geneva
does not apply to either a1 Qaeda or Taliban detainees,
because, among other reasons the relevant conflicts
are international in scope and common Article 3 applies
only to “armed conflict not of an international character.”

d. Based on the facts supplied by the Department of
Defense and the recommendation of the Department of
Justice, I determine that the Taliban detainees are
unlawful combatants and, therefore, do not qualify as
prisoners of war under Article 4 of Geneva. I note
that, because Geneva does not apply to our conflict
with a1 Qaeda, a1 Qaeda detainees also do not qualify
as prisoners of war.

3. Of course, our values as a Nation, values that we share
with many nations in the world, call for us to treat detainees
humanely, including those who are not legally entitled to
such treatment. Our Nation has been and will continue to
be a strong supporter of Geneva and its principles. As
a matter of policy, the United States Armed Forces shall
continue to treat detainees humanely and, to the extent
appropriate and consistent with military necessity, in
a manner consistent with the principles of Geneva.

4. The United States will hold states, organizations, and
individuals who gain control of United States personnel
responsible for treating such personnel humanely and
consistent with applicable law.

5. I hereby reaffirm the order previously issued by the
Secretary of Defense to the United State Armed Forces
requiring that the detainees be treated humanely and,
to the extent appropriate and consistent with military
necessity, in a manner consistent with the principles
of Geneva.

6. I hereby direct the Secretary of State to communicate my
determinations in an appropriate manner to our allies, and
other countries and international organizations cooperating
in the war against terrorism of global reach.

-George Bush

Rhymy things like this are the kinds of soundbites that Progressives should pour into the MSM. It lets people comprehend what is happening without putting any effort into each individual player.

Mary, when you listen, make sure you are out of ear shot of others — especially children. You might be surprised what will come out of you as you listen to their horror…

IOW, witnesses to the Whole Story are indicating that by putting their stories together, it would be possible to discern Who Were the Torture-Authorizers.

This is the point in the game where the Chessplayer realizes he’s already in a Mating Net…

We should get to see some Gooper Coping Skills on display in the not too distant future.

And if you end up with some directly competing statements from Congress (like adoption of the GCs and generic references several places in UCMJ about the principles v. the “have at ‘em boys” express and implicit provisions of the DTA and MCA) the Court will pretty much have to go with the most recent expressions.

Not only did the MCA murder the arguments in Hamdan, it went back and killed the grounds for habeas that were established in Rasul and which did not have to be addressed directly when the Court considered the DTA, because the Court decided the DTA was only for “future” cases and not for pending cases. Not only does MCA make it for all cases, but it suspends habeas pretty much everywhere but the US, not just at GITMO.

So they are going to need some new arguments, new grounds, new approaches. The problem there is a mish mash of cases with wildly varying facts and different levels of legal expertise in the representations and different GOALS in the representation as well, so that there is not really a good, solid, systematic way to approach the worst aspects of the legislation – it’s going to be catch as catch can on what the Court does, for example, on Boumedain(sp) and it’s specific arguments and facts.

I do like the original ruling at GITMO, though, about the failure of the MCA and the failure of all the CSRTs to include “unlawful” or “illegal” in the combatant status findings.

Reid and all the passive aggressive assists from so many Dems well and thoroughly screwed the nation and I find it very hard to like any of them.

60 – that’s just the guy that google images gives you when you put in “limbo” on restricted safe search.

62 – I think you some good points on Hadley. If he was the “source” griping about why they don’t just do things and instead keep coming back and TELLING the Principals all about what they are going to do, then I have to ask – - – who feels good about the fact that Congress dropped, Good Little Soldier, Sacrifice My Troops For My Boss’ Vanity Any Day, Hayden into Tenet’s slot? That “only waterboarded three” – sez who? Is that when the briefings stopped because now CIA was just getting it done, not talking about it?

88 – or that Afghan becoming someone’s idea of a “failed state” dis-in-contracted them.

95 – Not that odd. The order has been out for a long time and the fact that Bush created this “unlawful enemy combatant” concept has been kicked to the curb a few times. It ties directly to the January Gonzales memo released back during his confirmations.

I have tried to post a comment regarding Donald Vance and Nathan Ertel a few times. Every attempt has been lost for some reason…

One last try here.

In honor of the anniversary of Vance’s return to the US and their suit filing, I recommend this Chicago NPR story. It’s 24 minutes long.

http://www.chicagopublicradio……ioID=10073

I am sure neither is surprised by this round of torture information…

In light of new (not really) information, I wonder what changes for Vance & Ertel?

For a revisit to their story there are links below… If you have 25 minutes, the Chicago Public Radio piece is well worth listening to. Every time I listen, I’m struck by the constant failure of this administrations policies.

http://chicago.indymedia.org/n…../index.php

http://www.commondreams.org/ar…..04/05/337/

http://www.dailykos.com/story/2007/8/24/22411/1187

http://www.chicagopublicradio……ioID=10073