Executive branch actions page rev. 15 Oct  2008

9 Oct 2008.  A newly reissued Dept. of Defense directive explicitly prohibits several of the more controversial interrogation techniques that have previously been practiced against suspected enemy combatants (e.g., waterboarding; use of dogs; use of SERE techniques). "DoD Intelligence Interrogations, Detainee Debriefings, and Tactical Questioning," DoD Directive 3115.09, October 9, 2008.  [Ed. note:  Thanks, once again, to the invaluable work Steve Aftergood and the Federation of American Scientists.]

30 May 2008. The Department of Defense has released an revision to its Feb 2008
policy on "detainee operations," defining the class of unlawful enemy combatants and prescribing their treatment.  "Detainee Operations," Joint Publication JP 3-63.  The policy recognizes lack of humane treatment a war crime under Common Article 3 of the Geneva Conventions.  The policy allows no exception to the humane treatment requirement, providing that "the stress of combat operations, the need for intelligence, or deep provocation by captured and/or detained personnel does not justify deviation from this obligation," 

20 May 2008.  Report from the Inspector General of the Dept. of Justice, "A Review of the FBI's Involvement in and Observations of Detainee Interrogations in Guantanamo Bay, Afghanistan, and Iraq."  Release of the report prompted analytical articles in the Washington Post and the New York Times.

May 2008.  Vanity Fair article:  "The Green Light" by Philippe Sands, setting forth the factual background describing White House and Bush Administration approval of brutal interrogation techniques at Guantanamo Bay, techniques that demonstrably migrated to Iraq and Abu Ghraib and mirrored the treatment meted out at other  U.S. detention facilities around the world.

Correspondence between Sen. Ron Wyden and the Dept. of Justice re: legal interpretation of CIA detention and interrogation program.  This interpretation was the basis for Exec. Order 13440 (see below, entry dated 20 July 2007):    
8 Aug 2007:  Sen. Wyden's initial letter to Ass't AG Steven Bradbury.   27 Sept 2007:  DoJ response from Principal Deputy Ass't A.G. Brian A. Benczkowski.  20 Dec 2007:  Sen. Wyden's follow-up letter.  6 Mar 2008:  DoJ response to follow-up queries.   DoJ analysis outlaws some techniques but does not specify whether other aggressive techniques may be used, leaving the CIA with an approved free zone in which to choose interrogation techniques on a case-by-case basis, including CIA response to circumstances and suspicions.

29 Jan 2008:  Letter from Attny Gen Mukasey to Sen. Leahy about the legality of CIA "enhanced interrogation techniques" in general and waterboarding in particular.

20 July 2007.  Executive Order governing interrogation of terrorism suspects by CIA.  This Exec Order also lays out the administration's position as to CIA secret detentions.

10 May 2007.  Letter from Gen. Petreus to U.S. troops in Iraq, denouncing the use of torture against detainees and noncombatants.  "Our values and the laws governing warfare teach us to respect human dignity, maintain our integrity, and do what is right.  Adherence to our values distringuishes us from our enemy.  ... ."

Sept. 2006:  Army Field Manual on Intelligence Interrogations (FM  2-22.3 ((FM 34-52)): Human Intelligence Collector Operations)

7 July 2006.  Memo: Application of Common Article 3 of the Geneva Conventions to the treatment of detainees in the Department of Defense, by Gordon England, Deputy Secty of Defense.   

3 July 2006.  New Yorker article by Jane Mayer profiling VP Cheney's Chief of Staff David Addington.

2006 Director of National Intelligence:  Summary of the High Value Terrorist Detainee Program.

27 Feb 2006.  "Annals of the Pentagon:  The Memo:  How an internal effort to ban the abuse and torture of detainees was thwarted."  New Yorker article by Jane Mayer.   The link within the article to the memo itself is broken, but you can read it here:  7 July 2004, Statement of Alberto Mora, then-General Counsel to the Navy. 

30 Dec 2004.  DoJ policy memo: Standards applicable under the War Crimes Act.  Withdraws the 1 Aug 2002 memo and restates administration position.  

4 Aug 2004:  Memo from CIA to DoJ, requesting clarification of legal standard for interrogation techniques and warning of possible court review.

7 July 2004.  Statement of Alberto Mora, then-General Counsel to the Navy, described in "Annals of the Pentagon:  The Memo:  How an internal effort to ban the abuse and torture of detainees was thwarted."  New Yorker article by Jane Mayer, 27 Feb 2006.

14 March 2003.  John Yoo's Dept. of Justice Office of Legal Counsel Memo, prepared for the Dept. of Defense:  "Military Interrogation of Alien Unlawful Combatants Held Outside the United States," justifying torture techniques under the president's commander-in-chief authority.  Linked here in two parts:  Part 1 and  Part 2.  Yoo's memo to DoD was repudiated 9 months after it was issued.  

28 Jan 2003.  Memo from CIA to DoJ, requesting legal clarification of certain interrog techniques, and noting that CIA had kept records of the nature and duration of each technique used and who was present. 

17 Oct 2002.  Written testimony of the Director of CIA before the Joint Inquiry Committee

7 Feb 2002 policy memo: Common Article 3 does not apply to al-Qaeda or Taliban detainees.

1 Aug 2002:  Heavily redacted memorandum, described in congressional inquiries as Yoo-Bybee II,  from DoJ to CIA officials, outlining what specific techniques were permissible under the standards set forth in the 1 Aug 2002 memo to Alberto Gonzales (below). 

1 Aug 2002.  Memorandum for Alberto Gonzales, Counsel to the President re Standards of Conduct for Interrogation under 18 USC 2340-2340A.  Sometimes called "The Bybee Memo" because it was signed by Ass't Attny General Jay Bybee, Office of Legal Counsel, Dept of Justice.  Then-Ass't Attny General John Yoo was also instrumental in the drafting of this memo.

25 Jan 2002.  Memorandum over Alberto Gonzales' name (later described as having been drafted by David Addington, advisor to Vice-President Cheney) re Application of the Geneva Convention on Prisoners of War to the Conflict with al Qaeda and the Taliban.