By Matthew E. Milliken
June 26, 2013
In many ways, the United States was unprepared for the battle against terrorists that was triggered by the Sept. 11, 2001, attacks. The nation’s leaders had to implement new objectives and policies geared to fighting al Qaeda and its ilk. This enemy, unlike others faced and vanquished by America, did not control a nation; had no formal government; dispatched warriors who wore no uniform. Yet American soldiers and spies would have to capture, interrogate and possibly send to trial these new foes.
This is one of many threads tracked by Kurt Eichenwald in his 2012 book, 500 Days: Secrets and Lies in the Terror Wars. As is now well known, officials in the administration of President George W. Bush took extremely expansive views of the powers that a wartime president and his delegates could wield legally. Unfortunately, Eichenwald’s book shows, that perspective was one of several factors that helped facilitate the torture of detainees by Americans and American allies.
Around the time the U.S. began invading Afghanistan, in October 2001, several lawyers met to lay groundwork for handling captives. Attending were John Yoo, a Justice Department lawyer from the group tasked with providing legal advice to the executive branch; Alberto Gonzales, the chief White House counsel; Gonzales’ deputy, Tim Flanigan; and David Addington, senior counsel to Vice President Dick Cheney. Yoo was shown a draft presidential order modeled on one President Franklin Delano Roosevelt had issued.