On May 26, the House Judiciary Committee interviewed Jay Bybee about the circumstances that went into the Bybee Memos authorizing torture. Here’s the transcript of that interview.
I’m going to read them in depth, but for now I wanted to point out this detail.
Bybee confirmed that a number of techniques reportedly used on CIA detainees were not approved by OLC: These techniques include: Diapering a detainee or forcing a detainee to defecate on himself, forcing a detainee to wear blackout goggles, extended solitary confinement or isolation, hanging a detainee from ceiling hooks, daily beatings, spraying cold water on a detainee, and subjecting a detainee to high-volume music or noise. (Transcript of May 26, 2010, Interview of former Assistant Attorney General Jay Bybee at 75-78, 80-81, 86-90, 98-99.)
That is, it has long been fairly clear CIA did some things to detainees they had no authorization for. And in the case of Gul Rahman, one of those techniques (water dousing) killed him. Yet, reports say John Durham is finishing up, with not a squeak about prosecuting this death that–Jay Bybee says–had no OLC authorization.
In other words, this interview has Jay Bybee admitting that the CIA had no authorization for the techniques that contributed to Gul Rahman’s death. John Durham?