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Context of 'February 1, 2002: Attorney General Ashcroft Tells President Bush Third Geneva Convention Should Not Apply to Taliban'

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In a letter to President George Bush, Attorney General John Ashcroft argues that the Third Geneva Convention should not be applicable to the Taliban, based on two grounds. First, Afghanistan is a failed state and cannot therefore be considered a party to the treaty. Second, Taliban fighters acted as unlawful combatants. Explaining the advantages of this proposal, Ashcroft notes, “[A] Presidential determination against treaty applicability would provide the highest assurance that no court would subsequently entertain charges that American military officers, intelligence officials and law enforcement officials violated Geneva Convention rules relating to field conduct, detention conduct or interrogation of detainees.” [US Attorney General, 2/1/2002] As Judge Evan J. Wallach will later observe, “Attorney General Ashcroft’s letter seems to make it clear that by the end of January, at least, consideration was being given to conduct which might violate [the Third Geneva Convention’s] strictures regarding the detention and interrogation of prisoners of war.” [Wallach, 9/29/2004]

Entity Tags: John Ashcroft, George W. Bush

Timeline Tags: Torture of US Captives, Civil Liberties, War in Afghanistan

Attorney General John Ashcroft announces Padilla’s arrest (see June 9, 2002), claiming that “in apprehending [Padilla] as he sought entry into the United States,” the US government has “disrupted an unfolding terrorist plot to attack the United States by exploding a radioactive ‘dirty bomb.’” [CBS News, 6/10/2002] Similarly, President George Bush says: “This guy, Padilla, is a bad guy. And he is where he needs to be—detained,” along with many other “would-be killers” as part of the war on terrorism. And Defense Secretary Donald Rumsfeld too, states that Padilla “was unquestionably involved in terrorist activities.” [CNN, 6/11/2002]

Entity Tags: John Ashcroft, Jose Padilla, Donald Rumsfeld, George W. Bush

Timeline Tags: Torture of US Captives

President George W. Bush and Vice President Dick Cheney are re-elected to the US presidency for a second term. In the coming months, some important cabinet officials are replaced. Secretary of State Colin Powell resigns. Condoleezza Rice moves from National Security Adviser to Secretary of State. Her Deputy National Security Adviser Steven Hadley becomes the new National Security Adviser. Attorney General John Ashcroft resigns and is replaced by Alberto Gonzalez. Department of Homeland Security Director Tom Ridge resigns and is replaced by Michael Chertoff. [CBS News, 11/30/2004]

Entity Tags: Alberto R. Gonzales, Colin Powell, Tom Ridge, Stephen J. Hadley, Condoleezza Rice, George W. Bush, Michael Chertoff, Richard (“Dick”) Cheney, John Ashcroft

Timeline Tags: Complete 911 Timeline, 9/11 Timeline, 2004 Elections

President Bush names White House counsel and close personal friend Alberto Gonzales to succeed John Ashcroft as the new attorney general. Ashcroft submitted a letter of resignation on November 2. [Bloomberg, 11/10/2004]

Entity Tags: George W. Bush, John Ashcroft, Alberto R. Gonzales, US Department of Justice

Timeline Tags: Torture of US Captives, Civil Liberties

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