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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.

This is a heavily redacted version of an OLC memo later released in less-redacted form (at ACLU-RDI 4548).  This unredacted portions of this version of the memo from the OLC to the CIA discuss the anti-torture statute 18 U.S.C. 2340, ...

July 24, 2008
Legal Memo
Jay S. Bybee
John A. Rizzo
Jay S. Bybee

This undated draft OLC memo summarizes OLC opinions regarding interrogation of detainees. Much of it is similar to the other OLC memos concerning the CIA's interrogation program, with several exceptions. For example, on page 2, the memo notes ...

A letter providing legal advice regarding whether the conditions of detention at certain oversears CIA facilities are consistent with the applicable standards of the DTA.  It concludes that the conditions of confinement did not constitute ...

An OLC memo from Steven Bradbury to John Rizzo analyzing whether certain conditions of confinement used by the CIA in covert overseas facilities are consistent with Common Article 3 of the Geneva Conventions.  The conditions are: (1) ...

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 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