Torture Memos

Balkinization writes about John Yoo's explanation of the purpose of the Torture Memos, and their actual purpose. "That is, the torture memos were written not to define "torture" with respect to new situations where the statute was unclear; rather they were written to allow the CIA to get around the legal ban on torture, even to the point of arguing that the torture statute would be unconstitutional if applied to persons acting under the direction of the President as commander-in-chief. The torture memos were not a hypothetical lawyer's exercise to guide future conduct. They were written in order to ensure that members of the CIA would never be prosecuted for torture."