John Yoo defends himself
A Crucial Look at Torture Law
By John C. Yoo
July 6, 2004
Among the Justice Department memos released recently by the Bush administration, the one that generated the most criticism, dated Aug. 1, 2002, considered the definition of torture under federal criminal laws.
Its critics have attacked the differences between the memo's conclusions and the definition of torture in the 1984 Convention Against Torture. They've attacked its discussion of possible defenses against prosecution and of the scope of the commander in chief's power. Most of all, they have attacked the fact that it did not consider policy or moral issues.
The Justice Department's office of legal counsel, in which I served, produced the memo. It is important to understand the memo's function so that future administrations may receive such candid advice on the most delicate and important kinds of legal questions.
