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The Pros And Cons Of The Golden Shield Defense

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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

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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.

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How Did Christopher Hitchens Believe Me It's Torture

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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.

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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.

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