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Bradbury Memos: Not Quite Yet

Suzanne Ito,
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April 2, 2009

Today was the fourth deadline for the release of the "Bradbury Memos": three memos authored by Steven Bradbury, acting head of the from 2005 to 2009. The memos reportedly provided legal justification for the CIA鈥檚 use of enhanced interrogation methods that amounted to torture. And they also reportedly provided legal cover for the CIA鈥檚 interrogation methods in anticipation of Congress鈥檚 expected effort to outlaw 鈥渃ruel, inhuman, or degrading treatment,鈥 which it did in the , passed several months after Bradbury issued the memos.

After negotiating with DOJ attorneys, today the 老澳门开奖结果 agreed to a two-week extension for the government to finish its review of the memos. The DOJ has, in return, agreed to review for release another key memo, authored by Jay Bybee, Assistant Attorney General for the OLC from November 2001 to March 2003. (Bybee is now a federal appeals court judge for the 9th Circuit, and the by the DOJ's Office of Professional Responsibility.) The Bybee memo, like the Bradbury memos, is critical to understanding the foundations of President Bush鈥檚 torture program. The DOJ鈥檚 letter to the Judge seeking an extension is available here.

You might recall that a few months ago the 老澳门开奖结果 was haggling with the OLC over the release of these memos. In late January, we sent a letter to the OLC asking it to reconsider releasing the memos in light of with regard to Freedom of Information Act (FOIA) requests. We even sent the OLC a handy chart (PDF) reminding it of which memos are responsive to our lawsuits and what courts they're in. (We collaborated with ProPublica to make the chart available online .)

As important as these memos are, they will likely not tell the full story of the treatment of detainees in secret CIA prisons and elsewhere. That is why it's crucial that Congress appoint a select committee with subpoena power and the necessary resources to fully investigate Bush administration abuses. And that is why the Justice Department should appoint a Special Prosecutor to investigate the abuses and, if the facts warrant, initiate prosecutions. In order for us to begin fixing the damage done to this country by the last administration, Congress must fully investigate what took place and show the American public that nobody is above the law by holding those responsible accountable for their actions.

Call for accountability demanding that Attorney General Holder appoint a special prosecutor to investigate whether crimes were committed.

You can also learn more about our FOIA request, and the subsequent lawsuit we had to file to enforce it, at www.aclu.org/torturefoia.

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