ipl-logo

The Pros And Cons Of The Golden Shield Defense

927 Words4 Pages

Golden Shield Defenses The lawyers of the Justice Department who were working in the Office of Legal Counsel, by writing a memo formally gave the legal authority and empowered the government interrogators to make use of the harsh and abusive methods on detainees. This happened in the month of August 2002, giving this memo the name of “Golden Shield” for the agents of CIA worrying to be held criminally liable on the tortuous interrogations coming to the knowledge of the public. For the purpose of empowering acute techniques against the suspected terrorists, CIA destined that not the agency but the White House is given the ultimate authority. A demand was made by the then Director of Central Intelligence, George Tenet for the White House mandate …show more content…

The report has been under Pentagon review since before its release, focuses only on interrogations carried out by military, and not on CIA interrogations; it further rejects claims by former Secretary of Defense, Donald Rumsfeld and other officials of the Bush administration that policies made by the Pentagon could not have played any role in the torture of prisoners in US …show more content…

Amnesty International has criticized the act for giving mandate to a system that can use torture, consuming the apparatus for judicial review created by Hamdan v Rumsfeld (548 U.S. 557 (2006), and thereby constituting a parallel legal framework below international qualifications. A significant part of the act was the amendment which retroactively rewrote the War Crimes Act, and made the policy makers as well as the implementers (i.e. CIA and U.S. soldiers) no longer subject to any kind of legal action under U.S. law for torture, which was previously defined as a war

Show More
Related
1036 Words | 5 Pages

We have fierce debates today concerning war tactics, drone strikes on Americans, torture, military tribunals, citizens’ rights during wartime, and how to reconcile the needs of the national defense with liberty and self-rule. Does the president have a constitutional power to torture foreign enemy combatants? Overrule Congress on war tactics? Deny formal trials to enemies?

Read More
162 Words | 1 Pages

“For the first time in American history, we have a law authorizing the worldwide and indefinite military detention of people captured far from any battlefield. The NDAA has no temporal or geographic limitations. It is completely at odds with our values, violates the Constitution, and corrodes our Nation’s commitment to the rule of law.” “For the first time in American history, we have a law authorizing the worldwide and indefinite military detention of people captured far from any battlefield. The NDAA has no temporal or geographic limitations.

Read More
460 Words | 2 Pages

Though I agree with what the act it trying to accomplish because Congress in trying to stay in control of the power to declare war and limit the President’s power to declare war. I honestly feel that power is too much power for one person such as the President to control. I would hope in the future that Congress passes a more effective War Powers Act that the President will have to follow. One of the Presidents that has violated the War Powers Act was President Bill Clinton when he got our military involved in Kosovo. President Clinton didn’t receive Congress’s approval to get involved in the conflict in Kosovo, in fact they voted against it several times.

Read More
266 Words | 2 Pages

Hamdi v. Rumsfeld, affirmed the authority of government to take enemy troopers, but ruled that are held in custody and are U.S citizens, they must have the right of an unsettled process such as the right to challenge their enemy solider status before an un biased authority. Bumediene v. Bush, Enemy combatant detainees at Guantanamo Bay were entitled to the 5th amendment’s protection of due process. Congress lacked the power to get rid of the federal courts of jurisdiction to entertain habeas petitions from non-citizens held at Guantanamo Bay. Hamdan v. Rumsfeld, Detainees had the right to appeal their detentions in a federal court, which was invalidated military commissions.

Read More
831 Words | 4 Pages

Malcolm Nance, has personally experienced waterboarding and uses ethos and logos to emphasize his experiences. From his experiences in the military, Nance, who was at the Pentagon during the 9/11 attacks and has been part of the SERE program since 1997, has come to several conclusions as to why waterboarding is ethically and logically wrong. His reasons include that, logically, waterboarding is a form of torture used intentionally. They allow use of it on their enemies; but despite it being controversial, America’s judicial system has persecuted outsiders who have used it against Americans. It is also used as an unethical way to obtain information from enemy prisoners of wars, but that does not always guarantee that all of the information is of any use and or reliable.

Read More
435 Words | 2 Pages

The opposition suggests that the USA Patriot Act grinds down several elements in the Bill of Rights. The First Amendment, the freedom of speech and assembly, is violated because it restricts our speech, albeit, indirectly but it is still restricted. People are losing the right to say what they feel and they have to be careful with their words when discussing politics or the government because they can be prosecuted for saying what they think. The Fourth Amendment, the freedom from unreasonable search and seizure, is violated because the Patriot Act does not require a probable cause or a warrant to search through someone's data and personal information and with the Patriot Act, the victim does not need to be informed this search is happening.

Read More
1050 Words | 5 Pages

While analyzing “The Torture Myth” and “The Case for Torture”, it is very clear to see the type of rhetorical appeals used to persuade the audience. Anne Applebaum, the writer of “The Torture Myth” --in context of the decision of electing a new Attorney General--would argue that torture is very seldomly effective, violates a person’s rights, and should be outlawed due to the irrational need upon which physical torture is used. On the other hand, Michael Levin strongly argues that physical torture is crucial to solving every imminent danger to civilians. Levin claims that if you don’t physically torture someone, you are being weak and want to allow innocent people to die over something that could have been simply done.

Read More
679 Words | 3 Pages

Moreover, it is being done without probable cause, which is not legal. The act also allows law enforcement officials to violate individuals and their Fourth Amendment protections, those being search and secure laws. According to source one, the act is debated to be infringing on basic American civil liberties. The second source also enlightens that the NSA and FBI can collect phone records of people who have not been suspected or accused of a crime. All of these activities that are being done, violate several rights of the American citizen and can potentially get innocent people into trouble.

Read More
111 Words | 1 Pages

Later in his article, Krauthammer introduces his idea of the “slower- five high- value terrorist” (6). In his explanation, he touches upon the detainment and use of waterboarding (a torture technique) by U.S. government officials on the al Qaeda’s Khalid Sheikh Mohammed. According to Krauthammer, Mohammed held knowledge about about the al Qaeda, including “plans, identities, contacts, materials, cell locations, safe houses, cased targets, etc” (Krauthammer, 4). Essentially, the extent of information that Mohammed knew in regards to al Qaeda would allow the American government to terminate the organization all together. However, in order to force Mohammed to confess this inforation, the U.S government officials would have to resort to torture.

Read More
284 Words | 2 Pages

I chose to divide my shield into a per pall, reversed, first division shield (three division shield) because there are three prominent things about me that I believe are important. In the divisions, I have the tinctures of gules, purpure, argent, and or. The first division represents that I am the first born child in my family, the file mark of cadency represents this. It also happens that I am also the first born son of the first born son in the Eways family, and this garners me a lot of attention. The attention makes me feel special and is the bond I have with my extended family.

Read More
1032 Words | 5 Pages

My opposition to torture fall under the beliefs of the absolutist Kant, who states that no matter what the circumstance is, something that is wrong will always be wrong (Boothe 2006, 12). Therefore, concerning the issue of torture, in this world or any other world, torture is immoral. In this paper, I will employ the ethical frameworks of virtue, rights, and fairness to argue against torture when viewed from the perspective of the victim, the torturer, and any outside source. Furthermore, I will dismantle the ticking-bomb scenario by deducing the incapability to achieve full certainty deeming these scenarios unrealistic.

Read More
1171 Words | 5 Pages

The Eighth Amendment means no excessive bail, and no cruel of unusual punishment. The Eighth Amendment is supposed to ban post-sentencing torture (Cole para. 9). At Guantanamo Bay, which is a military base on American soil, the Eighth Amendment does not apply. One way they torture people is by depriving them of sleep.

Read More
945 Words | 4 Pages

Furthermore, the disclosure disaffirms the authenticity and credibility of government officials’ testimony. While a few months ago the director of National Intelligence, James Clapper, denied that the NSA collects any type of data, General Alexander, the director of the NSA, also rejected that the agency could intercept online communications (Cassidy “Why Edward” par.10). After comparing Clapper and Alexander to Snowden, Cassidy argues that Clapper and Alexander should face charges of misleading Congress. The falsity of officials’ statement distinguishes Snowden as “a man of conscience”, who should be excused and hailed as a hero (Cassidy “Why Edward” par.12).

Read More
168 Words | 1 Pages

“The Patriot Act broadly undermines the rights of all Americans. It reduces judicial oversight of a host of investigative measures, including wiretaps, expands the government 's ability to track individuals ' Internet use and gives federal officials expansive new powers that are in no way limited to investigating terrorist crimes. ( thenation) It authorizes an end run around the Fourth Amendment by allowing the government to conduct wiretaps and searches in criminal investigations, without probable cause of a crime, as long as the government claims that it also seeks to gather foreign intelligence--an authority that is particularly questionable in light of recent disclosures from the Foreign Intelligence Surveillance Court that the FBI has

Read More
501 Words | 3 Pages

The CIA torture reports , they are real. They torture you to get either information out of you or to forget what you discovered. Just like in the novel 1984. They use double think to mess with your thinking and make you think something

Read More

More about The Pros And Cons Of The Golden Shield Defense

Open Document