In the fourth section of The Dark Side, Jane Mayer writes about the steps the executive branch took to authorize previously illegal practices such as the torture of detainees. Immediately following the September 11th attacks, Cheney, who had always been a proponent of expanding presidential powers, saw an opportunity to strengthen the executive branch and curb. Civil liberties were also curbed. While the Bush Administration was able to expand its powers, the way in which it was done was rather devious. The administration hired lawyers that intentionally misinterpreted law or formed certain laws to fit what they were looking for. In many cases, programs such as the Terrorist Surveillance Program rested on "flimsy legal opinions that they guarded closely so that no one could question the legal basis for the operations" (269). In fact, When an NSA lawyer attempted to examine the legal analysis on which the TSP rested upon, Addington, Cheney's chief of staff, sharply said, "The president decides who sees what, not you!" (Mayer 268). The White House could now spy on individuals. After all, the TSP was operating on a legal basis. The rights of individuals were effectively curbed. The reason in which the TSP was implemented was to prevent threats to national security from the inside of the United States. The White House was determined to keep the nation safe...even if it meant using conniving means to do so.
After 9/11, the Bush Administration wanted to make sure there would be no attacks on US soil. After the large blunder the CIA made in the failure to pass on information on terror suspects, the executive branch took the leisure of obtaining their own intelligence. Those in the white house, namely Attorney General Anthony Gonzales and VP Dick Cheney, sought to gain valuable information from terrorists. To do this, however, individuals would have to be forced from foreign lands which, according to the Fourth Geneva Convention, was illegal. Gonzales said, "I don't see how terrorists who violate the laws of war can get the protections of the laws of war" ( 264). The two wouldn't accept no for an answer. Utilizing their expert team of lawyers, particularly two men by the names of John Yoo and Jack Goldsmith, the executive branch crafted laws in which terrorists could be taken off of foreign soil. Terrorists in foreign lands were defined as "enemy combatants" and could therefore be forced off of their land for interrogation. As for the interrogations themselves, torture was not allowed. Yoo came up with what were referred to as "enhanced interrogations" in which torture was defined as inflicting severe medical pain, the loss of organs, or death (Mayer 278). Goldsmith replaced Yoo when the administration was no longer satisfied with Yoo's performance. What Goldsmith did was what he didn't do; he disregarded his morals, although he was a man of morals, and allowed the laws to exist even though he knew they were unsubstantiated.
After 9/11, the Bush Administration wanted to make sure there would be no attacks on US soil. After the large blunder the CIA made in the failure to pass on information on terror suspects, the executive branch took the leisure of obtaining their own intelligence. Those in the white house, namely Attorney General Anthony Gonzales and VP Dick Cheney, sought to gain valuable information from terrorists. To do this, however, individuals would have to be forced from foreign lands which, according to the Fourth Geneva Convention, was illegal. Gonzales said, "I don't see how terrorists who violate the laws of war can get the protections of the laws of war" ( 264). The two wouldn't accept no for an answer. Utilizing their expert team of lawyers, particularly two men by the names of John Yoo and Jack Goldsmith, the executive branch crafted laws in which terrorists could be taken off of foreign soil. Terrorists in foreign lands were defined as "enemy combatants" and could therefore be forced off of their land for interrogation. As for the interrogations themselves, torture was not allowed. Yoo came up with what were referred to as "enhanced interrogations" in which torture was defined as inflicting severe medical pain, the loss of organs, or death (Mayer 278). Goldsmith replaced Yoo when the administration was no longer satisfied with Yoo's performance. What Goldsmith did was what he didn't do; he disregarded his morals, although he was a man of morals, and allowed the laws to exist even though he knew they were unsubstantiated.
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