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This Jan. 22, 2002 memo from Jay Bybee (OLC) to Alberto R. Gonzales (Counsel to Pres. George W. Bush) and William H. Haynes II (General Counsel of the DOD) responds to a request for advice on the effect of the War Crimes Act and the Geneva ...
Aug. 31, 2016
Legal Memo
Jay S. Bybee
Alberto Gonzalez | William J. Haynes, II
Alberto Gonzalez, William J. Haynes, II, Jay S. Bybee, George W. Bush
An OLC memo from John Yoo to John Rizzo regarding "what is necessary to establish the crime of torture." The memo states that an individual must act with the "specific intent" to inflict severe mental pain or suffering to have committed torture, ...
Aug. 31, 2016
Legal Memo
John C. Yoo
John A. Rizzo
John C. Yoo, John A. Rizzo, Jennifer Koester
This August 1, 2002 memo from John C. Yoo to Alberto Gonzales discusses standards of conduct for interrogations under the Torture Convention and under the Rome Statute establishing the International Criminal Court.
Aug. 31, 2016
Legal Memo
John C. Yoo
Alberto Gonzalez
John C. Yoo, Alberto Gonzalez, Jay Bybee
This memorandum from the Office of the Assistant Attorney General to Alberto Gonzales examines the legal standards of conduct for interrogations under the Convention Against Torture and Other Cruel, Inhuman and Degrading Treatment or Punishment.
This February 7, 2002 OLC memo from Jay Bybee finds that the President has "reasonable factual grounds" to determine that no members of the Taliban militia are entitled prisoner of war status under Article 4 of the third Geneva Convention (1949).
Aug. 31, 2016
Legal Memo
Jay S. Bybee
Counsel to the President
Jay S. Bybee

An OLC memo concluding that the CIA’s proposed interrogation plan for Abu Zubaydah — which contemplates methods including “insects placed in a confinement box” and “the waterboard” — does not violate ...

An OLC memo concluding that, “the President has plenary constitutional authority, as the commander in chief, to transfer such individuals who are held and captured outside the United States to the control of another country.” ...

An OLC memo concluding that Congress cannot interfere with the President's exercise of his authority as Commander in Chief to control the conduct of operations during war, including his authority to promulgate rules to regulate military ...

Mar. 02, 2009
Legal Memo
Patrick Philbin
Daniel J. Bryant
Patrick Philbin, Daniel J. Bryant, John C. Yoo

An OLC memo concluding that “the military has the legal authority to detain [Jose Padilla] as a prisoner captured during an international armed conflict,” and that the Posse Comitatus Act poses no bar.

An OLC memo concluding that the “the President’s authority to detain enemy combatants, including U.S. citizens, is based on his constitutional authority as Commander in Chief” and that the Non-Detention Act cannot interfere ...

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