Did Secretary Rice Know About Gonzales’ Secret ‘05 Legal Opinion On Torture?
Did Secretary Rice Know About Gonzales’ Secret ‘05 Legal Opinion On Torture?
In 2004, the Washington Post revealed a secret 2002 Justice Department memo that claimed that the torture of detainees in the war on terror “may be justified.” The memo, written by John Yoo, was so secret, that even then-National Security Adviser Condoleeza Rice and then-Secretary of State Colin Powell were unaware of its existence until the Post’s report.
Upon learning of the memo, Rice was reportedly livid that she had been left out of the loop. According to a former White House official, she and Powell “confronted” then-White House Counsel Alberto Gonzales, telling him “there would be no more secret opinions“:
Rice “very angrily said there would be no more secret opinions on international and national security law,” the official said, adding that she threatened to take the matter to the president if Gonzales kept them out of the loop again. Powell remarked admiringly, as they emerged, that Rice dressed down the president’s lawyer “in full Nurse Ratched mode,” a reference to the head nurse of the mental hospital in the 1975 film “One Flew Over the Cuckoo’s Nest.”
The New York Times reports today that in February 2005, the Justice Department, under Attorney General Alberto Gonzales, issued another secret opinion that was “an expansive endorsement of the harshest interrogation techniques ever used by the Central Intelligence Agency.” That wasn’t the only “secret opinion” on torture issued by the Justice Department that year:
Later that year, as Congress moved toward outlawing “cruel, inhuman and degrading” treatment, the Justice Department issued another secret opinion, one most lawmakers did not know existed, current and former officials said. The Justice Department document declared that none of the C.I.A. interrogation methods violated that standard.
Like the 2002 torture memo, the 2005 memos were authored by the Justice Department’s Office of Legal Counsel and aggressively advocated by Vice President Cheney’s chief counsel, David Addington.
Did Rice know about the 2005 memos before the Times revealed them? If so, does she agree with the policy they lay out? If not, will she “take the matter to the president?”
UPDATE: Noting that the Times says “most lawmakers” didn’t know about this secret opinion, Kevin Drum points out that “that means that some of them did” and he’d “like to know which ones.”
UPDATE II: The House Judiciary Committee is now requesting the secret opinions as well as testimony from acting head of the Office of Legal Counsel Stephen Bradbury.
UPDATE III: White House Press Secretary Dana Perino uses “circular reasoning” to argue that the administration does “not torture.”
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49 Responses to “Did Secretary Rice Know About Gonzales’ Secret ‘05 Legal Opinion On Torture?”
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Maybe she was to busy shopping for shoes to care.
October 4th, 2007 at 11:06 amCondi Rice is clueless about everything. She is the worst Secretary of State in American history. She should resign in disgrace.
October 4th, 2007 at 11:07 amPoor Condoleeeeeeeeeeeeezza. Left out of the loop again.
This time around, she better make good on her threat to withhold sex from GDumbya until he starts sharing “secrets” with her.
October 4th, 2007 at 11:07 amMs Rice and Gonzo need to be put on trial at The Hague IMHO for war crimes. But, of course we know that they will go scott free as justice flees the planet.
October 4th, 2007 at 11:09 amdid she know? OF COURSE SHE DID! hell, she even gave bush permission to go potty!
October 4th, 2007 at 11:09 amIt may take a while for the newly named trolls to figure an angle on this story. Don’t take the bait when they start posting. Ignore them, please.
October 4th, 2007 at 11:10 amI don’t understand why a “legal opinion” can ever be legitimately “secret”. I can understand validly classifying “information” for national security reasons, but could someone please explain why an “opinion” about the “law” should EVER be kept from the public.
If the law is not held above the government, it ceases to exist.
If we cease insisting that we are a democracy, we cease to be a democracy.
We must impeach them NOW!
October 4th, 2007 at 11:11 amQuestion of the week…where’s Condi?
-She’s Blackwater’s boss, but not at the hearings this week.
-She’s anti-Alberto, but absent on opinion.
-We know she’s not in Iraq, that would be doing her job.
Again, where’s Condi?
October 4th, 2007 at 11:16 amI don’t think Condi has ever had or will ever have as much power as she’d like to think she has. And like any loyal Bushie, I don’t think she knows or even cares that she’s a token attempt at putting a legitimate face on a government that often acts illegally.
After all, the ends justify the means - and they’re doing “God’s work” doncha know.
October 4th, 2007 at 11:22 amthe story sounds ridiculous. it sounds like a reverse engineered alibi to avoid the hague
October 4th, 2007 at 11:22 amAnd if she wasn’t imformed, will she resign in protest? Or is she a Powell, or a Thomas and will accept their being used for the cabal’s next end game?
October 4th, 2007 at 11:23 amCondi lied to America about warnings that might have prevented 9-11. In her public testimony before the 9-11 commission, Dr. Rice stated: “I do not remember any reports to us, a kind of strategic warning, that planes might be used as weapons.â€
Dr. Rice admitted privately to the 9-11 panel that she had “misspoken†when she said there were no prior warnings, but then proceeded to repeat this claim in public.
 The warnings received (see below) were sufficient for Attorney General Ashcroft to begin “traveling exclusively by leased jet aircraft instead of commercial airlines†because of what the Justice Department called “a threat assessment.â€Â The Justice Department has yet to release this “threat assessment.†Â
Sibel Edmonds, a translator with the FBI, indicates “that it was clear there was sufficient information during the spring and summer of 2001 to indicate terrorists were planning an attack.”
“President Bush said they had no specific information about 11 September and that is accurate but only because he said 11 September,” she said. There was, however, general information about the use of airplanes and that an attack was just months away.
Condoleezza Rice was the top National Security official with President Bush at the July 2001 G-8 summit in Genoa. There, “U.S. officials were warned that Islamic terrorists might attempt to crash an airliner” into the summit, prompting officials to “close the airspace over Genoa and station antiaircraft guns at the city’s airport.”
 Bush received an August 6, 2001 memo entitled “Bin Laden Determined to Strike in U.S.†which mentioned bin Laden’s desire and capability to strike the US possibly using hijacked airplanes. The CIA warned that bin Laden will launch an attack against the US and/or Israel in the coming weeks that “will be spectacular and designed to inflict mass casualties against US facilities or interests.â€Â
The Bush administration prevented the release of details of the August 6th briefing in the report issued by the Joint Congressional Committee investigating the 9-11 attack.Â
Also that spring and summer intelligence reports indicated that
(i) Middle Eastern terrorists were planning to hijack commercial aircraft to use as weapons to attack “American and Israeli symbols which stand outâ€;
(ii) there was a threat to assassinate Bush at the July 2001 G-8 summit using an airplane stuffed with explosives;
(iii) al-Qaeda was planning an attack using multiple airplane hijackings; and
(iv) that bin Laden was in advanced stages of executing a significant operation within the US.Â
This was included in reports entitled “Bin Laden planning multiple operations,†“Bin Laden’s network’s plan advancing,†and “Bin Laden threats are real†which warned of catastrophic damage.
The CIA’s National Reconnaissance Office had scheduled an exercise in which a small corporate jet would crash into an office tower following equipment failure for the morning of September 11th.Â
In February 2001, the Hart-Rudman report warned that “mass-casualty terrorism directed against the U.S. homeland was of serious and growing concern†and that the US was woefully unprepared for a “catastrophic†domestic terrorist attack.Â
President Bush refused to act on this report, preferring to await the findings of Cheney’s terrorist task force which failed to even meet before 9-11. The Bush administration prevented the release of details of the August 6 briefing in the report issued by the Joint Congressional Committee investigating the 9-11 attack.Â
October 4th, 2007 at 11:23 amIf not, will she “take the matter to the president?â€
Um, why would she start doing her job NOW?
October 4th, 2007 at 11:23 amI figure three possibilities:
1) Condi was kept in the dark.
2) Condi knew about it, but was encouraged to keep her trap shut and play along.
3) Condi knew about it and endorsed it.
Condi wants us to believe it’s 1). It’s possible — she’s not that good an actress to pull off 2) or 3) convincingly (I cite as evidence her complete lack of believability whenever she attempts to spin her boss’s bushwa as good for the country).
October 4th, 2007 at 11:30 amComment by missmolly — October 4, 2007 @ 11:30 am
Sorry, I meant to say “she’s not that good an actress to pull off 1) convincingly if the situation was actually 2) or 3)”
October 4th, 2007 at 11:31 amI’m guessing Condi “won’t recall” the memo.
October 4th, 2007 at 11:34 amI think that this is another case of an administration that is so reclusive and power crazed that it keeps secrets from itself. Not just for ‘plausible deniability’, but because limited access means greater power for those with that access.
October 4th, 2007 at 11:37 amCaption:
Alberto:
“I’m going to have to get this remote upgraded, my thumbs are cramping up having to push the button every time I want her to clap”
Condi: Zap/ouch!/clap zap/ouch!/clap zap/ouch!/clap zap/ouch!/clap
October 4th, 2007 at 11:45 amMay be she was travelling around the globe,when Gonzo was writing his secret memo.
She is in her way to the Middle East for the seventh time this year…not to forget the number of times last year,not to forget also other countries trips.
Did all these trips bring anything tangeble…?!!
October 4th, 2007 at 11:48 amDid Powell get his metaphors straight, I wonder? Ratched in Kesey’s novel is a superficial, quietly controlling character with an MSG flavor voice and a black heart (you Harry Potter fans can think of Professor Umbridge, and you’ll have Ratched pretty well imaged). Ratched wouldn’t throw fits or light into anyone–she lacks the depth of character to do anything honestly or straightforwardly.
October 4th, 2007 at 11:48 amWith only a year left in Chimpy’s term, Cover-Your-Ass is in full swing.
Did she know? OF COURSE SHE DID. They all did. This is just CYA.
October 4th, 2007 at 11:56 amHow could she not know ?She is part of the “inner circle” ain’t she ?
October 4th, 2007 at 12:14 pmI find it particularly galling that Alberto Gonzalez and David Addington still (apparently) have their law licenses. If a private attorney advised his or her client to violate the law – on a regular basis, no less – and that became known to the entity issuing his or her license, you can bet there would be hell to pay. With these guys, their blatant disregard of the Constitution and the treaty obligations of the United States, not to mention federal laws like the Foreign Intelligence Surveillance Act, is in the newspapers every day. How do they skate by without at least being disciplined for violating their attorneys’ oath – y’ know, the oath to “uphold and defend the Constitution and laws of the United States†– on a daily basis?
October 4th, 2007 at 12:21 pmSteven (”The President is always right”) Bradbury is currently ACTING Head of the OLC, but has been nominated to be the head of the OLC. This guy is extremely bad news. I don’t know when his confirmation hearings are scheduled, but we need to let our Senators NOT to even let his nomination out of committee. He’s dangerous.
October 4th, 2007 at 12:21 pmMakes our government one of the most criminal in the world, thanks GW666. It is amazing that the rest of the world has not taken us out for being a rouge nation of criminals.
Buck Fush
October 4th, 2007 at 12:25 pmBuckie Boy sez:
The only reason they haven’t is because they can’t. America still enjoys overwhelming superiority, militarily.
Economically, on the other hand, not so much.
The assault on America won’t be military…it’ll be economic. Actually, I should say it is economic, since it’s already begun.
October 4th, 2007 at 12:35 pmWhen the World Court issues indictments for war crimes, she’ll be on the list right next to Bush, Cheney, Rumsfeld and Gonzolves. Like Augsto Pinochet, these criminals will not be able to travel to certain countries for fear of being arrested.
October 4th, 2007 at 12:37 pmThat is what I meant, economically, but thanks for clearing that up.
Buck Fush
October 4th, 2007 at 12:52 pmOf course the Sec of State would have to know.
October 4th, 2007 at 1:08 pmWhat if she did? What will Congress do about it? Anything? Anyone? Or will we just have another round of oversight investigations, issue a report (based on whatever W and his DOJ voluntarily hand over) and call it “accountability.”
I’m an American. And I’m goddamn tired of hearing more and more and more each day about what has been going on, without any consequences, for years. This is shameful. And what exactly has it got us?
So, Dems, what the hell are y’all planning on doing about it? WHEN?
October 4th, 2007 at 1:11 pmHere is an interesting quote. Take it for what you will.
A quotation from Sun Tzu’s Art of War with commentary:
“The consummate leader cultivates the moral law, and strictly adheres to method and discipline; thus it is in his power to control success.”
“There is a very strong temptation…for government forces to act outside the law, the excuses being that the processes of law are too cumbersome, that the normal
safeguards in the law for the individual are not designed for an insurgency and that a terrorist deserves to be treated as an outlaw anyway. Not only is this morally
wrong, but, over a period, it will create more practical difficulties for a government than it solves. A government which does not act in accordance with the law
forfeits the right to be called a government and cannot expect its people to obey the law. Functioning in accordance with the law is a very small price to pay in
return for the advantage of being the government.
Sir Robert Grainer Ker Thompson, “Defeating Communist Insurgency: Experiences from Malaya and Vietnam” (1966)
October 4th, 2007 at 1:13 pmThat Dana Perino chick is reaaaaalllllly terrible at spinning the WH bullsh*t.
October 4th, 2007 at 1:18 pmThe question has often been asked as to why Hitler, Il Duce, Stalin and other fascist leaders were never stopped prior to the destruction of the liberty of their citizens and their viability as anything other than a rogue state to be defeated by the free world.
The answer is blowing in the wind. We are a civilized people dedicated to the rule of law. We are a peaceful people who do not want to rise up and challenge the government. We are a superior people who could never allow the United States to become a criminal government.
We need a revolution. We need to change the leadership in this country. My fear is that it will not happen peacefully but only by force. If this violent state is in our future, we will only have ourselves and a weak Democratic party to blame.
Note, I do not blame the Republicans. They are beyond blame. They are the enemy that must be defeated. They are international criminals. They are traitors to our way of life.
October 4th, 2007 at 1:30 pmThursday’s devastating New York Times expose of the Bush administration’s secret endorsement of torture by the CIA only served to confirm the worst what most Americans already suspected. First, Alberto Gonzales lied to Congress regarding the administration’s policy on torture of detainees during his 2005 confirmation hearings. Second, President Bush’s December 2005 signing statement accompanying the Detainee Treatment Act was expressly designed to exempt the lawbreaking he had already approved.
For the details, see:
October 4th, 2007 at 1:35 pm“Bush Signing Statement, Gonzales Perjury Concealed Torture Policy.”
Read John Dean’s book “Conservatives Without Conscience”, he speaks of authoritarianism and its’ fallout. Basically, that most people follow the pack because the leader says so.
October 4th, 2007 at 1:36 pmpo: “So, Dems, what the hell are y’all planning on doing about it? WHEN?”
Considering the fact that they don’t have supermajorities in either house of congress, and the stated goal of the repub party is to obstruct as much as they can, what would you suggest?
October 4th, 2007 at 1:37 pmof course she knew. you people forget about the matt lauer interview where bush acknowledged that we’re torturing people to keep Matt’s family safe?
plus they’re shape shifting repyiles. They love torturing ppl. They masturbate to it.
October 4th, 2007 at 1:49 pmhttp://youtube.com/watch?v=RS9GCGm3kHM
turks take on torture.
October 4th, 2007 at 1:52 pmCol. Jack Rippe. they dont need a supreme majority. If Mike Gravel were in the senate he’d get things done. The dems are in cohoots with the republicans otherwise they’d be getting things done for US
October 4th, 2007 at 1:54 pmCondi is out of her league. First she was a stooge for big oil and now would be dictator Bush.
October 4th, 2007 at 2:29 pmAnd Ms. Rice, being of sound, moral, holier-than-thou, republican character, did the right thing - she ignored it like she has ignored all the other crap that spewed out of this most corrupt, most evil administration.
October 4th, 2007 at 2:36 pmSome people are silent tonight!
October 4th, 2007 at 3:00 pmAre they torturing the children who can’t get health care?
October 4th, 2007 at 3:00 pmPowell remarked admiringly, as they emerged, that Rice dressed down the president’s lawyer
And walked out of the room with a “kick me” sign on her back…
October 4th, 2007 at 3:02 pmGood Gawd she’s ugly.
October 4th, 2007 at 3:09 pmA sure fire way for the U.S.A to regain some moral standing in the world,would be to hand over Bush and others in 2010 to those wishing to try them for war crimes.
October 4th, 2007 at 3:27 pmTell me again why impeachment’s off the table? And shouldn’t we be calling it “chimpeachment”?
October 4th, 2007 at 4:19 pmAmen to that–
October 4th, 2007 at 4:19 pmIs anyone taking odds on when Dana Perino will crack?
Would not knowing about about this be the same as her comment “how could anyone imagine someone flying into buildings?”
This after they had a scenerio on exactly this? After being alerted to an upcoming attack? After the FBI tried to alert the WH that Saudis were learning how to take off but didn’t need to know how to land?
And how come we forget that 15 of the hi jackers were Saudis?
October 4th, 2007 at 5:19 pm