X. Repudiate Justice Department Memos and Presidential Directives that Permit Torture and Other Abuses

Over the past seven years, the Office of Legal Counsel (OLC) in the Department of Justice has issued a number of poorly reasoned legal memoranda that have given a green light to torture, unlawful rendition, arbitrary detention, and other abuses. Several executive orders and directives have relied on these opinions in authorizing abusive practices and policies. Several of these memos, executive orders, and directives have been leaked to the media or turned over in response to congressional inquiries, while others are known to exist, but have never been made public.

President Obama should signal a renewed US commitment to human rights and the rule of law by publicly disclosing and repudiating all of the legal opinions, executive orders, and directives that have authorized torture and abuse, including, but not limited to, the following:

• The September 17, 2001, Executive Order that reportedly authorizes the CIA's secret detention, interrogation, and rendition program, as well as any other related directives (not yet public).
• President Bush's February 7, 2002, Order stating that the Geneva Conventions do not apply to Taliban detainees or to al-Qaeda and excusing cruel treatment in cases of "military necessity".
• Letter to Alberto Gonzales, Counsel to the President, from John Yoo, Deputy Assistant Attorney General, OLC, on the applicability of the Convention Against Torture (July 22, 2002) (not yet public).
• Two August 1, 2002, Jay Bybee/John Yoo-authored OLC memos to the CIA authorizing abusive interrogation techniques (only one of which has yet been made public).
• March 13, 2002, Jay Bybee-authored OLC memo to William Haynes, II, Defense Department General Counsel, reportedly authorizing renditionsto torture and abuse (not yet public).
• Three 2005 Stephen Bradbury-authored OLC memos authorizing aspects of the CIA interrogation program (not yet public).
• Additional OLC opinions, memoranda, or directives that suggest that the humane treatment standards of Common Article 3 of the Geneva Conventions vary according to the circumstances (not yet public).
• Additional OLC opinions, memoranda, or directives analyzing the applicability of the torture statute and other criminal statutes prohibiting physical abuse or mistreatment (not yet public).
• Additional OLC opinions, memoranda, or directives analyzing the applicability and scope of the US obligations under the Convention against Torture and the International Covenant on Civil and Political Rights (not yet public).
• Executive Order 13440, issued July 20, 2007, which authorizes the CIA to maintain a secret detention program using interrogation techniques that have been prohibited by the military.
• All other still secret opinions, memoranda, or directives that authorize abuse, sanction rendition to torture, or suggest that domestic and international standards of humane treatment do not apply in a post 9/11 world.