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Context of 'February 4, 2005: Acting Office of Legal Cousel Chief Withdraws Torture Memo'

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Daniel Levin, the acting head of the Justice Department’s Office of Legal Counsel (OLC), sends a draft memo to Deputy Attorney General James Comey. The memo remains secret, but the American Civil Liberties Union (ACLU) will learn that it details the OLC’s views on a decision to be made by Comey on a classified intelligence collection activity. [ProPublica, 4/16/2009]

Entity Tags: Daniel Levin, American Civil Liberties Union, US Department of Justice, James B. Comey Jr., Office of Legal Counsel (DOJ)

Timeline Tags: Civil Liberties

Daniel Levin, the outgoing chief of the Justice Department’s Office of Legal Counsel (OLC—see Late 2004-Early 2005), sends a memo to Deputy Attorney General James Comey. The memo will remain secret, but the American Civil Liberties Union (ACLU) will learn that it provides legal advice on communications between defense attorneys and detainees in combatant status review tribunals. [ProPublica, 4/16/2009]

Entity Tags: US Department of Justice, American Civil Liberties Union, Daniel Levin, James B. Comey Jr., Office of Legal Counsel (DOJ)

Timeline Tags: Civil Liberties

The acting chief of the Justice Department’s Office of Legal Counsel, Daniel Levin, sends a memo to William J. Haynes, the chief counsel for the Defense Department, advising Haynes that he is withdrawing the Justice Department’s March 2003 memo that justified certain “harsh” methods of interrogation of prisoners in US custody. Levin, writing in carefully couched legal language, says that many of the interrogation methods currently in use by US interrogators are not within the legal parameters for interrogation—in other words, the methods qualify as torture under US law. [US Department of Justice, 2/4/2005 pdf file] Levin recently underwent a simulated waterboarding session to determine for himself if the practice qualified as torture, and determined that it did so. He will shortly be relieved of his position in the Justice Department, and the administration will continue its support for waterboarding and other “harsh” methods of interrogation (see Late 2004-Early 2005).

Entity Tags: Daniel Levin, William J. Haynes, Office of Legal Counsel (DOJ), US Department of Justice

Timeline Tags: Torture of US Captives, Civil Liberties

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