Prometheus 6

…which is to say even higher than Bush.

ASHINGTON, May 20 ? A series of Justice Department memorandums written in late 2001 and the first few months of 2002 were crucial in building a legal framework for United States officials to avoid complying with international laws and treaties on handling prisoners, lawyers and former officials say.

The confidential memorandums, several of which were written or co-written by John C. Yoo, a University of California law professor who was serving in the department, provided arguments to keep United States officials from being charged with war crimes for the way prisoners were detained and interrogated. They were endorsed by top lawyers in the White House, the Pentagon and the vice president's office but drew dissents from the State Department.

The memorandums provide legal arguments to support administration officials' assertions that the Geneva Conventions did not apply to detainees from the Afghanistan war. They also suggested how officials could inoculate themselves from liability by claiming that abused prisoners were in some other nation's custody.

…One of the memorandums written by Mr. Yoo along with Robert J. Delahunty, another Justice Department lawyer, was prepared on Jan. 9, 2002, four months after the terrorist attacks in New York and Washington. The 42-page memorandum, entitled, "Application of treaties and laws to Al Qaeda and Taliban detainees," provided several legal arguments for avoiding the jurisdiction of the Geneva Conventions.

…On Jan. 25, 2002, Alberto R. Gonzales, the White House counsel, in a memorandum to President Bush, said that the Justice Department's advice was sound and that Mr. Bush should declare the Taliban as well as Al Qaeda outside the coverage of the Geneva Conventions. That would keep American officials from being exposed to the federal War Crimes Act, a 1996 law, which, as Mr. Gonzales noted, carries the death penalty.

…Another memorandum from the Justice Department advises officials to create a situation in which they could plausibly claim that abused prisoners were never in United States custody.

That memorandum, whose existence was acknowledged by two former officials, noted that it would be hard to ward off an allegation of torture or inhuman treatment if the prisoner had been transferred to another country from American custody. International law prohibits the "rendition" of prisoners to countries if the possibility of mistreatment can be anticipated.

The former officials said that memorandum was explicit in advising that if someone were involved in interrogating detainees in a manner that could cross the line into torture or other prohibited treatment, that person could claim immunity only if he or she contended that the prisoner was never in United States custody.