It states that the purpose of these methods will be to "convince Zubaydah that the only way he can influence his surrounding environment is through cooperation". How could its opinions reflect such bad judgement, be so poorly reasoned, and have such terrible tone.
The memorandum concludes with a narrow definition of torture, that its "severe pain" must necessarily be pain associated with "death, organ failure, or serious impairment of body functions".
Part I[ edit ] In the explanation of the definition of torture according to 18 U. The final paragraph of his entry asks that "Congressional leaders from both sides of the aisle It failed to promote any language regarding torture to be only "extremely cruel" behavior resulting in "excruciating and agonizing" pain, and instead, filed a reservation that quoted the text of the U.
It states specifically that the nation was "in the middle of a war in which the nation [had] already suffered a direct attack", and that limiting interrogations would encroach on the president's ability to prevent future attacks.
It summarizes the psychological profile provided of the subject, including his involvement in high-level terrorist activities [Note: Rumsfeldas well as intervening legislation such as the Military Commissions Act of and the December Detainee Treatment Act. Yoo writes that, in his opinion, "[t]he United States' campaign against al Qaeda is an attack on a non-state terrorist organization, not a civilian population.
It concludes that the "ratification history and negotiating history [of the convention] all confirm that Section A reaches only the most heinous acts", and thus implies that this confirms its definition of torture in part one, section two of this memo.
Continuing to summarize the facts, the memorandum summarizes the characteristics of the professionals present during the proposed interrogation techniques, and summarizes those coercive methods.
That reservation was mainly regarding Article One of the Convention, which defines torture, but it also states that the U. It summarizes the psychological profile provided of the subject, including his involvement in high-level terrorist activities [Note: Bush administration, which ratified the Convention, was different from that of the Reagan administration.
The memo closes this section reminding the reader of the refusal of the U. Part II[ edit ] As the memo quotes from the definition of torture in the Convention Against Torture, it compares that definition to the one found in the U. He has a sworn duty to preserve, protect, and defend the Constitution and to execute the laws of the United States faithfully, in accordance with the Constitution.
Goldsmith says he had decided to revoke what the CIA had been calling its "golden shield" against prosecution six months before the abuses at Abu Ghraib were revealed. Part I[ edit ] The first part says that the advice provided in this memorandum applies only to the facts at hand regarding Abu Zubaydahand that the conclusions of the memorandum may change given different facts.
It is relied upon heavily by the subsequent "torture memos". Without further discussion, the fact summary concludes that the "high level of threat [the reader] believe[s] now exists" is why advice regarding further techniques is being sought. The goal of this legal writing book is to make it easy for students to learn and remember the basic elements of writing a good legal memo.
Feb 29, · Writing a Legal Memo by John Bronsteen,available at Book Depository with free delivery worldwide/5(13). Writing a Legal Memo (University Casebook Series) John Bronsteen (Author) › Visit Amazon This book is an exceptional, no-nonsense guide to writing a legal memorandum that should be required reading for law students.
Read more. Published on May 26, Search customer reviews/5(9). The goal of this legal writing book is to make it easy for students to learn and remember the basic elements of writing a good legal memo/5. A legal memo’s paradigmatic role is to communicate the results of legal research and analysis to another legally trained professional, with a view to helping a client decide on a course of action.
It follows that a memo is balanced and objective, distinguishing it from persuasive writing, as in a trial or appellate brief. Buy Writing a Legal Memo by John Bronsteen from Waterstones today! Click and Collect from your local Waterstones or get FREE UK delivery on orders over £John bronstein writing a legal memo by john