No Comment — April 7, 2008, 5:56 pm

Torture Lawyer in the Crosshairs

I reported here and here on former Pentagon General Counsel William J. (“Jim”) Haynes II, his covert war against the JAG Corps, and the focal role played by the torture issue in this process. Haynes may have gone off to do lawyering for Chevron Inc., but it seems that as he leaves there is rising interest in getting him to account for his dealings at the Pentagon. The three lawyers who played the most central roles in the process of introducing torture techniques were David Addington, Jim Haynes, and John Yoo.

At least until Philippe Sands’s long-awaited book, The Torture Team, hits the stands, the internal story is still not sufficiently developed to narrow the field to the single key administration lawyer. But while the gregarious Mr. Yoo continues to insert himself into the limelight and is now the best-known, it’s clear that his role is subsidiary to that of Haynes and Addington. And Haynes’s role in advocating the decisive Rumsfeld December 2, 2002 order and other documents may yet yield for him the dubious distinction of being the lead torture lawyer.

Over the last four days I’ve shared notes several times with Newsweek’s Michael Isikoff, who tells me he senses a distinct gathering of storm clouds around Haynes. On Sunday, Isikoff reported that Haynes had lawyered up, hiring a prominent criminal defense attorney to advise him. Here’s the Isikoff report:

With little advance notice, Pentagon general counsel William Haynes quietly resigned at the end of February to take a top legal job at Chevron. But Haynes, a close ally of Vice President Dick Cheney, remains a key figure in a sweeping Senate probe into allegations of abuses to detainees in Defense Department custody.

Haynes was thrust back into the spotlight last week after the disclosure of a March 2003 Justice Department memo concluding that federal laws against torture, assault and maiming would not apply to the overseas interrogation of terror suspects. Haynes requested the memo (which was written by the then Justice Department lawyer John Yoo) and he and his boss, the then Secretary of Defense Donald Rumsfeld, later used it to justify harsh interrogation practices on terror suspects at Guantánamo Bay. The memo’s disclosure raises new questions about the role that Haynes and other Bush-administration lawyers played in crafting legal policies that critics say led to abuses at Abu Ghraib and elsewhere.

Haynes’s departure initially raised concerns about obtaining his testimony without a subpoena, especially after the panel learned that he had retained top criminal defense attorney Terrence O’Donnell, who represented Cheney during the Valerie Plame leak investigation. But O’Donnell told NEWSWEEK that Haynes has agreed to be interviewed, adding that the committee’s probe “had nothing to do” with his resignation.

It’s noteworthy that Terrence O’Donnell also cut his teeth with Cheney in the Defense Department, and was close to David Addington and Jim Haynes. Indeed, O’Donnell preceded Addington as the Pentagon’s general counsel, and was, along with Addington and Haynes, deeply enmeshed in an effort to push back against, downsize and potentially even eliminate the JAG Corps.

I’ve been looking into this trying to get a sense of what, exactly, the Armed Services Committee is so eager to discuss with Haynes. Two possibilities emerge.

First is the subject that Isikoff identifies: committee staffers have been carefully assembling secondary accounts concerning Haynes’s role in the process of authorizing highly coercive interrogation techniques, in preparing memoranda, and in soliciting memoranda to cover his advice from the Justice Department’s Office of Legal Counsel. Haynes’s relationship and dealings with OLC are drawing particular attention. Similarly, staffers are looking very carefully at Haynes’s prior appearances before the Committee, as well as his appearance before the Senate Judiciary Committee in connection with his nomination to the Fourth Circuit Court of Appeals.

My hunch is that the facts and circumstances surrounding the preparation of the two “torture memoranda,” which I have dubbed Yoo Prime (August 2002) and Yoo Two (March 2003) will be right in the center of questioning. Something that Haynes said, it seems, doesn’t sit right with the investigators.

The second matter is Haynes’s role in restructuring the Military Commissions at Guantánamo and tasking prosecutors and the legal advisor to the convening authority. This is the point on which the president of the New York City Bar, apparently now joined by other bar associations, is pressing for Haynes’s examination under oath. Accusations come from the former chief prosecutor, Colonel Morris Davis, among others. Davis has recently stated that he is prepared to submit to a lie-detector test about the matter. Haynes has refused to make public comment, offering only a bland statement that he “disputes” Davis’s charges through a Pentagon public affairs spokesman.

Isikoff quotes O’Donnell as noting that Haynes will appear and testify. Previously, when invited to appear by Senator Diane Feinstein, Haynes not only refused to appear, he actually ordered uniformed military officers not to appear or testify either, setting the stage for confrontation. Haynes may now be pulling back from that. But as a private citizen and employee of Chevron Inc., his power prerogatives are obviously far more limited.

Share
Single Page

More from Scott Horton:

Conversation August 5, 2016, 12:08 pm

Lincoln’s Party

Sidney Blumenthal on the origins of the Republican Party, the fallout from Clinton’s emails, and his new biography of Abraham Lincoln

Conversation March 30, 2016, 3:44 pm

Burn Pits

Joseph Hickman discusses his new book, The Burn Pits, which tells the story of thousands of U.S. soldiers who, after returning from Iraq and Afghanistan, have developed rare cancers and respiratory diseases.

Context, No Comment August 28, 2015, 12:16 pm

Beltway Secrecy

In five easy lessons

Get access to 167 years of
Harper’s for only $45.99

United States Canada

CATEGORIES

THE CURRENT ISSUE

December 2017

Document of Barbarism

= Subscribers only.
Sign in here.
Subscribe here.

Destroyer of Worlds

= Subscribers only.
Sign in here.
Subscribe here.

Crossing Guards

= Subscribers only.
Sign in here.
Subscribe here.

“I am Here Only for Working”

= Subscribers only.
Sign in here.
Subscribe here.

Dear Rose

= Subscribers only.
Sign in here.
Subscribe here.

The Year of The Frog

= Subscribers only.
Sign in here.
Subscribe here.

view Table Content

FEATURED ON HARPERS.ORG

Article
Destroyer of Worlds·

= Subscribers only.
Sign in here.
Subscribe here.

In February 1947, Harper’s Magazine published Henry L. Stimson’s “The Decision to Use the Atomic Bomb.” As secretary of war, Stimson had served as the chief military adviser to President Truman, and recommended the attacks on Hiroshima and Nagasaki. The terms of his unrepentant apologia, an excerpt of which appears on page 35, are now familiar to us: the risk of a dud made a demonstration too risky; the human cost of a land invasion would be too high; nothing short of the bomb’s awesome lethality would compel Japan to surrender. The bomb was the only option. Seventy years later, we find his reasoning unconvincing. Entirely aside from the destruction of the blasts themselves, the decision thrust the world irrevocably into a high-stakes arms race — in which, as Stimson took care to warn, the technology would proliferate, evolve, and quite possibly lead to the end of modern civilization. The first half of that forecast has long since come to pass, and the second feels as plausible as ever. Increasingly, the atmosphere seems to reflect the anxious days of the Cold War, albeit with more juvenile insults and more colorful threats. Terms once consigned to the history books — “madman theory,” “brinkmanship” — have returned to the news cycle with frightening regularity. In the pages that follow, seven writers and experts survey the current nuclear landscape. Our hope is to call attention to the bomb’s ever-present menace and point our way toward a world in which it finally ceases to exist.

Illustration by Darrel Rees. Source photographs: Kim Jong-un © ITAR-TASS Photo Agency/Alamy Stock Photo; Donald Trump © Yuri Gripas/Reuters/Newscom
Article
Crossing Guards·

= Subscribers only.
Sign in here.
Subscribe here.

The Ambassador Bridge arcs over the Detroit River, connecting Detroit to Windsor, Ontario, the southernmost city in Canada. Driving in from the Canadian side, where I grew up, is like viewing a panorama of the Motor City’s rise and fall, visible on either side of the bridge’s turquoise steel stanchions. On the right are the tubular glass towers of the Renaissance Center, headquarters of General Motors, and Michigan Central Station, the rail terminal that closed in 1988. On the left is a rusted industrial corridor — fuel tanks, docks, abandoned warehouses. I have taken this route all my life, but one morning this spring, I crossed for the first time in a truck.

Illustration by Richard Mia
Article
“I am Here Only for Working”·

= Subscribers only.
Sign in here.
Subscribe here.

But the exercise of labor is the worker’s own life-activity, the manifestation of his own life. . . . He works in order to live. He does not even reckon labor as part of his life, it is rather a sacrifice of his life.

— Karl Marx

Photograph from the United Arab Emirates by the author. This page: Ruwais Mall
Article
The Year of The Frog·

= Subscribers only.
Sign in here.
Subscribe here.

To look at him, Sweet Macho was a beautiful horse, lean and strong with muscles that twitched beneath his shining black coat. A former racehorse, he carried himself with ceremony, prancing the field behind our house as though it were the winner’s circle. When he approached us that day at the edge of the yard, his eyes shone with what might’ve looked like intelligence but was actually a form of insanity. Not that there was any telling our mother’s boyfriend this — he fancied himself a cowboy.

“Horse 1,” by Nine Francois. Courtesy the artist and AgavePrint, Austin, Texas
Article
Dead Ball Situation·

= Subscribers only.
Sign in here.
Subscribe here.

What We Think About When We Think About Soccer, by Simon Critchley. Penguin Books. 224 pages. $20.

Begin, as Wallace Stevens didn’t quite say, with the idea of it. I so like the idea of Simon Critchley, whose books offer philosophical takes on a variety of subjects: Stevens, David Bowie, suicide, humor, and now football — or soccer, as the US edition has it. (As a matter of principle I shall refer to this sport throughout as football.) “All of us are mysteriously affected by our names,” decides one of Milan Kundera’s characters in Immortality, and I like Critchley because his name would seem to have put him at a vocational disadvantage compared with Martin Heidegger, Søren Kierkegaard, or even, in the Anglophone world, A. J. Ayer or Richard Rorty. (How different philosophy might look today if someone called Nobby Stiles had been appointed as the Wykeham Professor of Logic.)

Tostão, No. 9, and Pelé, No. 10, celebrate Carlos Alberto’s final goal for Brazil in the World Cup final against Italy on June 21, 1970, Mexico City © Heidtmann/picture-alliance/dpa/AP Images

Factor by which single Americans who use emoji are more likely than other single Americans to be sexually active:

1.85

Brontosaurus was restored as a genus, and cannibalism was reported in tyrannosaurine dinosaurs.

Moore said he did not “generally” date teenage girls, and it was reported that in the 1970s Moore had been banned from his local mall and YMCA for bothering teenage girls.

Subscribe to the Weekly Review newsletter. Don’t worry, we won’t sell your email address!

HARPER’S FINEST

Report — From the June 2013 issue

How to Make Your Own AR-15

= Subscribers only.
Sign in here.
Subscribe here.

By

"Gun owners have long been the hypochondriacs of American politics. Over the past twenty years, the gun-rights movement has won just about every battle it has fought; states have passed at least a hundred laws loosening gun restrictions since President Obama took office. Yet the National Rifle Association has continued to insist that government confiscation of privately owned firearms is nigh. The NRA’s alarmism helped maintain an active membership, but the strategy was risky: sooner or later, gun guys might have realized that they’d been had. Then came the shootings at a movie theater in Aurora, Colorado, and at Sandy Hook Elementary School in Newtown, Connecticut, followed swiftly by the nightmare the NRA had been promising for decades: a dedicated push at every level of government for new gun laws. The gun-rights movement was now that most insufferable of species: a hypochondriac taken suddenly, seriously ill."

Subscribe Today