After September 11, 2001 the Bush Administration decided that the most important intelligence about terrorism would come from the interrogation of captives suspected of terrorism. As a result, many detainees were subject to harsh interrogation techniques that at times amounted to torture. Here, James P. Pfiffner authoritatively examines the policy directives, operational decisions, and leadership actions of the Bush Administration that reversed centuries of US policy on the treatment of enemy prisoners. He shows how the serious reservations of career military lawyers about these policies were overcome by the political appointees of the Bush Administration. Pfiffner then analyses the philosophical and legal underpinnings of the policies and practices that have led to the denunciation of the United States' policies by its allies and adversaries throughout the world. Looking ahead, Pfiffner anticipates Obama administration policy changes to restore U.S. credibility and accountability. In all, Torture as Public Policy is a model of detailed policy analysis that demonstrates how greatly public policy matters beyond the back corridors of bureaucracy.

Follows the paper trail of torture memos that led to abuses at Guantanámo, in Afghanistan, and in Iraq.

After September 11, 2001 the Bush Administration decided that the most important intelligence about terrorism would come from the interrogation of captives suspected of terrorism. As a result, many detainees were subject to harsh interrogation techniques that at times amounted to torture. Here, James P. Pfiffner authoritatively examines the policy directives, operational decisions, and leadership actions of the Bush Administration that reversed centuries of US policy on the treatment of enemy prisoners. He shows how the serious reservations of career military lawyers about these policies were overcome by the political appointees of the Bush Administration. Pfiffner then analyses the philosophical and legal underpinnings of the policies and practices that have led to the denunciation of the United States' policies by its allies and adversaries throughout the world. Looking ahead, Pfiffner anticipates Obama administration policy changes to restore U.S. credibility and accountability. In all, Torture as Public Policy is a model of detailed policy analysis that demonstrates how greatly public policy matters beyond the back corridors of bureaucracy.

The United States has historically been regarded as a moral leader opening the pathway for human rights. The country which for so long has struggled for the establishment of the rule of law - as well as to be a model for other nations in observing it - has, since September11, 2001, committed abhorrent practices of torture, which the US has fought against when committed by others. What seems astonishing is that such practices took place within a climate of significant public indifference, and even with some public support. Time and again, observers of tragic historic events reveal that it is not so much the evil doing of the few which allows the worst atrocities to occur, as it is the indifference of the many. The Bush administration assumed neither moral nor legal responsibility, and in the end, it is hard-put to show what positive results may have been obtained for so many transgressions. The history of law and legal institutions has long proven the error of accepting the Machiavellian principle that the ends justify the means. In addition, the proposition that torture prevents terrorism cannot be proven true. Under torture, people tend to say whatever is expected of them. However, this is not only about pragmatic pursuits. It is about morality and ethics. The judgement has already been made that torture is unlawful. In addition, the Guantanamo Bay practices and the unlawful seizure of persons in different parts of the world by the CIA - after which they are transferred to countries where they are tortured - have proven that hard evidence is highly unlikely to be attained under torture. Most of the detainees have been proven to have no connection to terrorism and most of them have been released because they were wrongly arrested. Guantanamo represents a failed policy that has done much damage to the moral authority of the US. Aberrant views of torture as necessary because the ends justify the means have not generated much negative reaction from the legal profession - despite the fact that the 1984 Convention against Torture, the Geneva Conventions, the US Constitution, and the laws of the US have clearly prohibited such practices. This book examines such questions as: Are the events of September 11, 2001 enough to have us reopen the question of whether the medieval practice of torture should be allowed? Are they enough to have its institutionalized practice undermine the integrity of the US legal process and system of law, and to undermine the country's moral leadership in the world? The answer to these questions has to be a resounding and unqualified no. The US must, therefore, take quick and confident action to make amends and to hold responsible those who promoted a policy of torture. M. Cherif Bassiouni, in April 2012, received the Wolfgang Friedmann Memorial Award which is given by the Columbia Journal of Transnational Law to a distinguished scholar or practitioner who has made outstanding contributions to the field of international law. *** ...exquisitely detailed the way in which American governmental institutions bypassed international law in order to allow the creation of a policy that allowed torture. Bassiouni paints a striking portrait of the abuses and violations of international law by Bush's Administration, the way these actions strike at the heart of the American tradition, and the actions that must be taken to save America's collective conscience. - Prof. Karen Greenberg, Executive Director of the Center on Law and Security, NYU School of Law

The book the government doesn’t want you to read. President Trump wants to bring back torture. This is why he’s wrong. In his more than thirty years as an NCIS special agent and counterintelligence officer, Mark Fallon has investigated some of the most significant terrorist operations in US history, including the first bombing of the World Trade Center and the 2000 attack on the USS Cole. He knew well how to bring criminals to justice, all the while upholding the Constitution. But in the aftermath of September 11, 2001, it was clear that America was dealing with a new kind of enemy. Soon after the attacks, Fallon was named Deputy Commander of the newly formed Criminal Investigation Task Force (CITF), created to probe the al-Qaeda terrorist network and bring suspected terrorists to trial. Fallon was determined to do the job the right way, but with the opening of Guantanamo Bay and the arrival of its detainees, he witnessed a shadowy dark side of the intelligence community that emerged, peddling a snake-oil they called “enhanced interrogation techniques.” In Unjustifiable Means, Fallon reveals this dark side of the United States government, which threw our own laws and international covenants aside to become a nation that tortured—sanctioned by the highest-ranking members of the Bush Administration, the Army, and the CIA, many of whom still hold government positions, although none have been held accountable. Until now. Follow along as Fallon pieces together how this shadowy group incrementally—and secretly—loosened the reins on interrogation techniques at Gitmo and later, Abu-Ghraib, and black sites around the world. He recounts how key psychologists disturbingly violated human rights and adopted harsh practices to fit the Bush administration’s objectives even though such tactics proved ineffective, counterproductive, and damaging to our own national security. Fallon untangles the powerful decisions the administration’s legal team—the Bush “War Counsel”—used to provide the cover needed to make torture the modus operandi of the United States government. As Fallon says, “You could clearly see it coming, you could wave your arms and yell, but there wasn’t a damn thing you could do to stop it.” Unjustifiable Means is hard-hitting, raw, and explosive, and forces the spotlight back on to how America lost its way. Fallon also exposes those responsible for using torture under the guise of national security, as well as those heroes who risked it all to oppose the program. By casting a defining light on one of America’s darkest periods, Mark Fallon weaves a cautionary tale for those who wield the power to reinstate torture.

This book presents an interdisciplinary approach to definition of torture by a group of prominent scholars of behavioral sciences, international law, human rights, and public health. It represents a first ever attempt to compare behavioral science and international law perspectives on definitional issues and promote a sound theory- and evidence-based understanding of torture.

When the American media published photographs of U.S. military personnel abusing prisoners at Abu Ghraib, the Bush administration assured the world that the perpetrators were "rogue soldiers" and that abuse was isolated. But the government's own documents, uncovered by the American Civil Liberties Union, show that abuse was pervasive in overseas U.S. detention facilities and, more disturbing still, that senior officials endorsed the abuse as a matter of policy. In Administration of Torture, Jameel Jaffer and Amrit Singh draw the connection between the policies adopted by senior civilian and military officials and the widespread torture and abuse that took place on the ground. Administration of Torture also reproduces hundreds of government documents-including interrogation directives, FBI e-mails, and Defense Department investigative files-that constitute both an important historical record and a profound indictment of the Bush administration's policies with respect to the detention and interrogation of prisoners.