Bush denies US torture use claims

US President George W Bush has rejected claims his administration uses torture and defended the CIA's methods.

He was responding to a New York Times report that the US Justice Department secretly authorised harsh interrogation techniques for terror suspects in 2005.

The alleged 2005 memo came months after a 2004 opinion in which the Justice Department declared torture abhorrent.

Mr Bush said: "This government does not torture people. We stick to US law and our international obligations."

According to the New York Times, the interrogation techniques endorsed by a 2005 Justice Department memo were some of the harshest ever used by the CIA.

They included head-slapping, exposure to freezing temperatures and simulated drowning, known as water-boarding.

'Protecting the people'

The 2005 legal opinion was reportedly issued shortly after former Attorney General Alberto Gonzales took over the Justice Department.

A second memo issued later that year advised that none of the techniques in use by the CIA would breach anti-torture legislation before Congress that barred "cruel, inhuman and degrading" treatment of prisoners, the New York Times said.

Its report also cited officials saying that the CIA had returned in summer 2007 to its practice of holding terror suspects in secret prisons overseas.

In a hastily arranged press appearance on Friday, Mr Bush defended his administration's methods and said interrogations were carried out by "highly-trained professionals".

"When we find somebody who may have information regarding an attack on America, and you bet we're going to detain them, you bet we're going to question them," he said.

"The American people expect us to find out information, this actionable intelligence, so we can help protect them. That's our job."

The techniques used had been "fully disclosed to appropriate members of the United States Congress", he added.

Lawmakers' concern

Democrats in both the Senate and the House of Representatives on Thursday demanded to see the two alleged secret memos from 2005.

Several Republicans have said they were satisfied with those briefings but a handful have joined with Democrats in expressing their concern, says the BBC's Jamie Coomarasamy in Washington.

The politicians suggest that the administration many not have been forthcoming enough, or may even have condoned techniques that overstepped the boundaries of legality, our correspondent says.

The issue of detainee interrogation is now likely to figure even more prominently in the confirmation hearings of Mr Bush's nominee for attorney general, Michael Mukasey, due to begin later this month, he adds.

Saudis freed from Guantanamo Bay

Sixteen Saudis have arrived in Riyadh after being released by US authorities from the Guantanamo Bay detention camp.

More than 90 Saudi detainees have now been sent home from the camp in Cuba.

Saudi Interior Minister Prince Nayef bin Abdul Aziz said he hoped this would lead to the release of the remaining Saudis - believed to number 37.

About 340 detainees are being held in Guantanamo on suspicion of links to terrorism. Many have been there several years, but most have not been charged.

Two of the three inmates who committed suicide in the detention camp in June 2006 were from Saudi Arabia.

US court weighs Guantanamo case

A new US appeals court has begun hearing the case of a Canadian accused of killing a US soldier in Afghanistan.

The US government has gone to the Court of Military Commission Review to appeal against a decision by military judges in June to throw out Mr Khadr's case.

The case collapsed because US military authorities had failed to designate him an "unlawful" enemy combatant.

They had sought to make Mr Khadr one of the first Guantanamo Bay inmates to be tried before a military commission.

Critics have questioned the legality of the new appeals court, which was quickly set up and staffed after the US government appealed against the judges' ruling.

But in opening discussions, the military judges did not appear to accept Mr Khadr's attorneys' argument that the court had been improperly formed.

The appeals court is expected to rule within a month on whether Mr Khadr should have to face a military commission.

No jurisdiction?

The US authorities hope the appeals court's decision will end the legal limbo which has paralysed the new tribunal system since June.

The issue stems from the fact that under a new system of military justice approved by Congress last year, detainees facing trial must be designated "unlawful enemy combatants".

When they were assessed years earlier they were described only as "enemy combatants".

The word "unlawful" did not appear, giving the new tribunals no jurisdiction, according to the military judges who heard Mr Khadr's case.

The Pentagon argues there is no material difference between the two terms and that it is a matter of semantics.

If the appeals court rules against the government, it is possible that review tribunals will have to reassess some 520 prisoners designated simply as "enemy combatants".

Charges 'unproven'

Mr Khadr, now 20, was only 15 when he was captured in Afghanistan, and was accused of killing a US soldier during a battle at a suspected al-Qaeda base in 2002.

His lawyers argue that he cannot be labelled as a terrorist until the charges against him are proven in court.

The case against another Guantanamo Bay detainee, Yemeni Salim Ahmed Hamdan, was also dropped because of the failure of US military officials to call him "unlawful".

Salim Ahmed Hamdan has been accused of being al-Qaeda leader Osama Bin Laden's driver and bodyguard. Mr Hamdan says he was just a driver and not an al-Qaeda member.

He had appeared in court charged with murder, attempted murder, conspiracy and providing support for terrorism.

President Bush set broad legal boundaries for the CIA's harsh interrogation of terrorism suspects yesterday, allowing the intelligence agency to resume a program that was suspended last year after criticism that it violated U.S. and international law.

In an executive order lacking any details about actual interrogation techniques, Bush said the CIA program will now comply with a Geneva Conventions prohibition against "outrages upon personal dignity, in particular humiliating and degrading treatment." His order, required by legislation signed in October, was delayed for months amid tense debate inside the administration.

"We can now focus on our vital work, confident that our mission and authorities are clearly defined," CIA Director Michael V. Hayden said in a statement to agency employees. Although human rights groups have alleged that CIA interrogators used torturous and illegal methods, Hayden said the program had gleaned "irreplaceable" information from terrorism detainees.

Two administration officials said that suspects now in U.S. custody could be moved immediately into the "enhanced interrogation" program and subjected to techniques that go beyond those allowed by the U.S. military.

Rights activists criticized Bush's order for failing to spell out which techniques are now approved or prohibited. It said instead that CIA interrogators cannot undertake prohibited acts such as torture and murder, and it barred religious denigration and humiliating or degrading treatment "so serious that any reasonable person, considering the circumstances, would deem" it "beyond the bounds of human decency." Detainees, it said, must be provided with "the basic necessities of life," including adequate food and water, clothing, essential medical care, and "protection from extremes of heat and cold."

"All the order really does is to have the president say, 'Everything in that other document that I'm not showing you is legal -- trust me,' " said Tom Malinowski of Human Rights Watch.

The CIA interrogation guidelines are contained in a classified document. A senior intelligence official, asked whether this list includes such widely criticized methods as the simulated drowning known as "waterboarding," declined to discuss specifics but said "it would be very wrong to assume that the program of the past would move into the future unchanged."

CIA detainees have also alleged they were left naked in cells for prolonged periods, subjected to sensory and sleep deprivation and extreme heat and cold, and sexually taunted. A senior administration officials briefing reporters yesterday said that any future use of "extremes of heat and cold" would be subject to a "reasonable interpretation . . . we're not talking about forcibly induced hypothermia."

Congressional reaction to the order was muted, as key lawmakers said they were only informed of its contents yesterday. Republican Sens. John McCain (Ariz.), Lindsey O. Graham (S.C.) and John W. Warner (Va.), who helped draft legislation last year requiring the executive order, issued a joint statement that they needed more information before making a judgment. They said the administration has not responded to the questions they asked during a recent briefing on the new order and the detainee program.

Sen. John D. Rockefeller IV (D-W.Va.), chairman of the Senate intelligence committee, said it was unclear what the order "really means and how it will translate into actual conduct by the CIA." In a statement, Rockefeller repeated a committee demand made last spring that the White House turn over a copy of the Justice Department's legal analysis of the new guidelines.

Similar demands for internal documents related to the Bush administration's warrantless surveillance program have been rebuffed by the White House.

The steps leading to yesterday's order began with Bush's determination in January 2002 that members of al-Qaeda and the Taliban, as well as other allegedly terrorist captives, were "enemy combatants" rather than prisoners of war covered by the 1949 Geneva Conventions.

Criticism of the U.S. military's treatment of detainees -- first in Afghanistan and at the military prison at Guantanamo Bay, Cuba, and later at the Abu Ghraib prison in Iraq -- eventually provoked the Pentagon to rewrite its interrogation guidebook and explicitly ban many of the techniques endorsed and used by the CIA. But a new law enforced those limits only for detainees in military custody.

Criticism of the CIA began with revelations in late 2005 that the agency had imprisoned and interrogated "high-value" suspects in secret prisons in third countries. But after the Supreme Court ruled last summer, in Hamdan v. Rumsfeld, that all U.S. prisoners -- of any nationality, being held in any country -- were covered by Geneva protections against degrading treatment, Bush publicly confirmed the existence of the CIA prisons and announced that 14 remaining CIA prisoners had been transferred to military custody at Guantanamo.

Bush maintained the CIA interrogation program had always been legal, but the White House said the Geneva provision, Common Article 3, was vague and undefined. After the CIA suspended its "enhanced interrogations" to ensure its officers could not be charged with crimes, Congress ordered the administration to ensure, via executive order, that any further such interrogations complied with both domestic and international law.

Bush's statement said the techniques could be used against any "alien detainee" determined by the CIA director to be a member or supporter of al-Qaeda, the Taliban or associated organizations likely to have information about attacks against the United States or its allies.

Over the past several months, the secret list of CIA techniques has been the subject of interagency debate at the highest levels, with the State Department anxious to avoid offending allied governments, and the Department of Defense concerned that any CIA excesses could cause U.S. soldiers captured in the future to be subject to abuses.

The intelligence official said the agency itself had studied the effectiveness of past techniques and retained or jettisoned them on a "sliding scale." The criteria, he said, were what was "appropriate, effective, lawful and sustainable." While Hayden did not get "everything [he] might have wanted" in the guidelines, the official said, they contained everything the CIA needed and "more than was asked for."

To help allay concerns, new safeguards were added, the official said. Every use of an "enhanced" technique must be personally approved by Hayden in every instance, he said. "There will be no lone wolves, interrogations will always be conducted by a team, and anybody on the team can knock it off at any time."

A senior administration official said that the new rules do not require that the International Committee of the Red Cross have access to CIA prisoners. Many other nations interpret international treaties as requiring such access for all detainees everywhere.

Pushing the Envelope on Presidential Power

Shortly after the first accused terrorists reached the U.S. naval prison at Guantanamo Bay, Cuba, on Jan. 11, 2002, a delegation from CIA headquarters arrived in the Situation Room. The agency presented a delicate problem to White House counsel Alberto R. Gonzales, a man with next to no experience on the subject. Vice President Cheney's lawyer, who had a great deal of experience, sat nearby.

The meeting marked "the first time that the issue of interrogations comes up" among top-ranking White House officials, recalled John C. Yoo, who represented the Justice Department. "The CIA guys said, 'We're going to have some real difficulties getting actionable intelligence from detainees'" if interrogators confined themselves to treatment allowed by the Geneva Conventions.

From that moment, well before previous accounts have suggested, Cheney turned his attention to the practical business of crushing a captive's will to resist. The vice president's office played a central role in shattering limits on coercion of prisoners in U.S. custody, commissioning and defending legal opinions that the Bush administration has since portrayed as the initiatives, months later, of lower-ranking officials.

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The vice president's office pushed a policy of robust interrogation that made its way to the U.S. naval prison at Guantanamo Bay, Cuba, above, and Abu Ghraib prison in Iraq. More Cheney photos...

Cheney and his allies, according to more than two dozen current and former officials, pioneered a novel distinction between forbidden "torture" and permitted use of "cruel, inhuman or degrading" methods of questioning. They did not originate every idea to rewrite or reinterpret the law, but fresh accounts from participants show that they translated muscular theories, from Yoo and others, into the operational language of government.

A backlash beginning in 2004, after reports of abuse leaked out of Iraq's Abu Ghraib prison and Guantanamo Bay, brought what appeared to be sharp reversals in courts and Congress -- for Cheney's claims of executive supremacy and for his unyielding defense of what he called "robust interrogation."

But a more careful look at the results suggests that Cheney won far more than he lost. Many of the harsh measures he championed, and some of the broadest principles undergirding them, have survived intact but out of public view.

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The vice president's unseen victories attest to traits that are often ascribed to him but are hard to demonstrate from the public record: thoroughgoing secrecy, persistence of focus, tactical flexibility in service of fixed aims and close knowledge of the power map of government. On critical decisions for more than six years, Cheney has often controlled the pivot points -- tipping the outcome when he could, engineering stalemate when he could not and reopening debates that rivals thought were resolved.

"Once he's taken a position, I think that's it," said James A. Baker III, who has shared a hunting tent with Cheney more than once and worked with him under three presidents. "He has been pretty damn good at accumulating power, extraordinarily effective and adept at exercising power."

'At Any Time and in Any Place'

David S. Addington, Cheney's general counsel, set the new legal agenda in a blunt memorandum shortly after the CIA delegation returned to Langley. Geneva's "strict limits on questioning of enemy prisoners," he wrote on Jan. 25, 2002, hobbled efforts "to quickly obtain information from captured terrorists."

No longer was the vice president focused on procedural rights, such as access to lawyers and courts. The subject now was more elemental: How much suffering could U.S. personnel inflict on an enemy to make him talk? Cheney's lawyer feared that future prosecutors, with motives "difficult to predict," might bring criminal charges against interrogators or Bush administration officials.

Geneva rules forbade not only torture but also, in equally categorical terms, the use of "violence," "cruel treatment" or "humiliating and degrading treatment" against a detainee "at any time and in any place whatsoever." The War Crimes Act of 1996 made any grave breach of those restrictions a U.S. felony [Read the act]. The best defense against such a charge, Addington wrote, would combine a broad presidential directive for humane treatment, in general, with an assertion of unrestricted authority to make exceptions.

The vice president's counsel proposed that President Bush issue a carefully ambiguous directive. Detainees would be treated "humanely and, to the extent appropriate and consistent with military necessity, in a manner consistent with the principles of" the Geneva Conventions. When Bush issued his public decision two weeks later, on Feb. 7, 2002, he adopted Addington's formula -- with all its room for maneuver -- verbatim.

In a radio interview last fall, Cheney said, "We don't torture." What he did not acknowledge, according to Alberto J. Mora, who served then as the Bush-appointed Navy general counsel, was that the new legal framework was designed specifically to avoid a ban on cruelty. In international law, Mora said, cruelty is defined as "the imposition of severe physical or mental pain or suffering." He added: "Torture is an extreme version of cruelty."

How extreme? Yoo was summoned again to the White House in the early spring of 2002. This time the question was urgent. The CIA had captured Abu Zubaida, then believed to be a top al-Qaeda operative, on March 28, 2002. Case officers wanted to know "what the legal limits of interrogation are," Yoo said.

This previously unreported meeting sheds light on the origins of one of the Bush administration's most controversial claims. The Justice Department delivered a classified opinion on Aug. 1, 2002, stating that the U.S. law against torture "prohibits only the worst forms of cruel, inhuman or degrading treatment" and therefore permits many others. [Read the opinion] Distributed under the signature of Assistant Attorney General Jay S. Bybee, the opinion also narrowed the definition of "torture" to mean only suffering "equivalent in intensity" to the pain of "organ failure ..... or even death."

When news accounts unearthed that opinion nearly two years later, the White House repudiated its contents. Some officials described it as hypothetical, without disclosing that the opinion was written in response to specific questions from the CIA. Administration officials attributed authorship to Yoo, a law professor at the University of California at Berkeley who had come to serve in the Office of Legal Counsel.

But the "torture memo," as it became widely known, was not Yoo's work alone. In an interview, Yoo said that Addington, as well as Gonzales and deputy White House counsel Timothy E. Flanigan, contributed to the analysis.

The vice president's lawyer advocated what was considered the memo's most radical claim: that the president may authorize any interrogation method, even if it crosses the line into torture. U.S. and treaty laws forbidding any person to "commit torture," that passage stated, "do not apply" to the commander in chief, because Congress "may no more regulate the President's ability to detain and interrogate enemy combatants than it may regulate his ability to direct troop movements on the battlefield."

That same day, Aug. 1, 2002, Yoo signed off on a second secret opinion, the contents of which have never been made public. According to a source with direct knowledge, that opinion approved as lawful a long list of interrogation techniques proposed by the CIA -- including waterboarding, a form of near-drowning that the U.S. government has prosecuted as a war crime since at least 1901. The opinion drew the line against one request: threatening to bury a prisoner alive.

Yoo said for the first time in an interview that he verbally warned lawyers for the president, Cheney and Defense Secretary Donald H. Rumsfeld that it would be a risky policy to permit military interrogators to use the harshest techniques, because the armed services, vastly larger than the CIA, could overuse the tools or exceed the limits. "I always thought that only the CIA should do this, but people at the White House and at DOD felt differently," Yoo said. The migration of those techniques from the CIA to the military, and from Guantanamo Bay to Abu Ghraib, aroused worldwide condemnation when abuse by U.S. troops was exposed.

Through is spokeswoman, Tasia Scolinos, Gonzales declined a request for an interview about his time in the White House counsel's office and his interactions with Cheney. The vice president's spokeswoman, Lea Anne McBride, declined to comment on Yoo's recollection.

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Cheney and national security adviser Condoleezza Rice confer in February 2002, around the time that detainee interrogation limits were being discussed. Rice wouldn't learn about the 'torture memo' until June 2004. More Cheney photos...

On June 8, 2004, national security adviser Condoleezza Rice and Secretary of State Colin L. Powell learned of the two-year-old torture memo for the first time from an article in The Washington Post [Read the article]. According to a former White House official with firsthand knowledge, they confronted Gonzales together in his office.

Rice "very angrily said there would be no more secret opinions on international and national security law," the official said, adding that she threatened to take the matter to the president if Gonzales kept them out of the loop again. Powell remarked admiringly, as they emerged, that Rice dressed down the president's lawyer "in full Nurse Ratched mode," a reference to the head nurse of the mental hospital in the 1975 film "One Flew Over the Cuckoo's Nest."

Neither of them took their objections to Cheney, the official said, a much more dangerous course.

'His Client, the Vice President'

In the summer and fall of 2002, some of the Bush administration's leading lawyers began to warn that Cheney and his Pentagon allies had set the government on a path for defeat in court. As the judicial branch took up challenges to the president's assertion of wartime power, Justice Department lawyers increasingly found themselves defending what they believed to be losing positions -- directed by the vice president and his staff. One of the uneasy lawyers was Solicitor General Theodore B. Olson , a conservative stalwart whose wife, Barbara, had died on Sept. 11, 2001 when the hijacked American Airlines Flight 77 crashed into the Pentagon. Olson shared Cheney's robust view of executive authority, but his job was to win cases. Two that particularly worried him involved U.S. citizens -- Jose Padilla and Yaser Esam Hamdi -- who had been declared enemy combatants and denied access to lawyers.

Federal courts, Olson argued, would not go along with that. But the CIA and military interrogators opposed any outside contact, fearing relief from the isolation and dependence that they relied upon to break the will of suspected terrorists.

Flanigan said that Addington's personal views leaned more toward Olson than against him, but that Addington beat back the proposal to grant detainees access to lawyers, "because that was the position of his client, the vice president."

Decision time came in a heated meeting in Gonzales's corner office on the West Wing's second floor, according to four officials with direct knowledge, none of whom agreed to be quoted by name about confidential legal deliberations. Olson was backed by associate White House counsel Bradford A. Berenson , a former law clerk to Supreme Court Justice Anthony M. Kennedy.

Berenson told colleagues that the court's swing voter would never accept absolute presidential discretion to declare a U.S. citizen an enemy and lock him up without giving him an opportunity to be represented and heard. Another former Kennedy clerk, White House lawyer Brett Kavanaugh, had made the same argument earlier.

Addington accused Berenson of surrendering executive power on a fool's prophecy about an inscrutable court. Berenson accused Addington of "know-nothingness."

Gonzales listened quietly as the Justice Department and his own staff lined up against Addington. Then he decided in favor of Cheney's lawyer.

John D. Ashcroft, who was attorney general at the time, declined to discuss details of the dispute but said the vice president's views "carried a great deal of weight. He was the E.F. Hutton in the room. When he talked, everybody would listen." Cheney, he said, "compelled people to think carefully about whatever he mentioned."

When a U.S. District Court ruled several months later that Padilla had a right to counsel, Cheney's office insisted on sending Olson's deputy, Paul Clement, on what Justice Department lawyers called "a suicide mission": to tell Judge Michael B. Mukasey that he had erred so grossly that he should retract his decision. Mukasey derided the government's "pinched legalism" and added acidly that his order was "not a suggestion or request."

Cheney's strategy fared worse in the Supreme Court, where two cases arrived for oral argument alongside Padilla's on April 28, 2004.

For months, Olson and his Justice Department colleagues had pleaded for modest shifts that would shore up the government's position. Hamdi, the American, had languished in a Navy brig for two and a half years with out a hearing or a lawyer. Shafiq Rasul, a British citizen at Guantanamo Bay, had been held even longer. Olson could make Cheney's argument that courts had no jurisdiction, but he wanted to "show them that you at least have some system of due process in place" to ensure against wrongful detention, according to a senior Justice Department official who closely followed the debates.

Addington, the vice president's counsel fought and won again. He argued that any declaration of binding rules would restrict the freedom of future presidents and open the door to further lawsuits. On June 28, 2004, the Supreme Court ruled 8 to 1 in the Hamdi case that detainees must have a lawyer and an opportunity to challenge their status as enemy combatants before a "neutral decision maker." The Rasul decision, the same day, held 6 to 3 that Guantanamo Bay is not beyond the reach of federal law.

Eleven days later, Olson stepped down as solicitor general. His deputy succeeded him. What came next was a reminder that it does not pay to cross swords with the vice president.

Ashcroft, with support from Gonzales, proposed a lawyer named Patrick Philbin for deputy solicitor general. Philbin was among the authors of the post-Sept. 11 legal revolution, devising arguments to defend Cheney's military commissions and the denial of habeas corpus rights at Guantanamo Bay. But he had tangled with the vice president's office now and then, objecting to the private legal channel between Addington and Yoo and raising questions about domestic surveillance by the National Security Agency.

Cheney's lawyer passed word that Philbin was an unsatisfactory choice. The attorney general and White House counsel abandoned their candidate.

"OVP plays hardball," said a high-ranking former official who followed the episode, referring to the office of the vice president. "No one would defend Philbin."

'Administration Policy'

Rumsfeld, Cheney's longtime friend and mentor, gathered his senior subordinates at the Pentagon in the summer of 2005. He warned them to steer clear of Senate Republicans John McCain, John W. Warner and Lindsay O. Graham, who were drafting a bill to govern the handling of terrorism suspects.

"Rumsfeld made clear, emphatically, that the vice president had the lead on this issue," said a former Pentagon official with direct knowledge.

Enlarge Photo

Defense Secretary Donald H. Rumsfeld, a longtime Cheney mentor, tours Abu Ghraib in May 2004. In 2005, he made it clear that Cheney 'has the lead on this issue,' said a Pentagon official, referring to the treatment of detainees More Cheney photos...

Though his fingerprints were not apparent, Cheney had already staked out a categorical position for the president. It came in a last-minute insert to a "statement of administration policy" by the Office of Management and Budget, where Nancy Dorn, Cheney's former chief of legislative affairs, was deputy director. Without normal staff clearance, according to two Bush administration officials, the vice president's lawyer added a paragraph -- just before publication on July 21, 2005 -- to the OMB's authoritative guidance on the 2006 defense spending bill [Read the document].

"The Administration strongly opposes" any amendment to "regulate the detention, treatment or trial of terrorists captured in the war on terror," the statement said. Before most Bush administration officials even became aware that the subject was under White House review, Addington wrote that "the President's senior advisers would recommend that he veto" any such bill.

Among those taken unawares was Deputy Defense Secretary Gordon R. England. More than a year had passed since Bush expressed "deep disgust" over the abuse photographed at Abu Ghraib, and England told aides it was past time to issue clear rules for U.S. troops.

In late August 2005, England called a meeting of nearly three dozen Pentagon officials, including the vice chief and top uniformed lawyer for each military branch. Matthew Waxman, the deputy assistant secretary for detainee affairs, set the agenda.

Waxman said that the president's broadly stated order of Feb. 7, 2002 -- which called for humane treatment, "subject to military necessity" -- had left U.S. forces unsure about how to behave. The Defense Department, he said, should clarify its bedrock legal requirements with a directive incorporating the language of Geneva's Common Article 3 [Read Common Article 3]. That was exactly the language -- prohibiting cruel, violent, humiliating and degrading treatment -- that Cheney had spent three years expunging from U.S. policy.

"Every vice chief came out strongly in favor, as did every JAG," or judge advocate general, recalled Mora, who was Navy general counsel at the time.

William J. Haynes II, a close friend of Addington's who served as Rumsfeld's general counsel, was one of two holdouts in the room. The other was Stephen A. Cambone, Rumsfeld's undersecretary for intelligence.

Waxman, believing his opponents isolated, circulated a draft of DOD Directive 2310. Within a few days, Addington and I. Lewis "Scooter" Libby, Cheney's chief of staff, invited Waxman for a visit.

According to Mora, Waxman returned from the meeting with the message that his draft was "unacceptable to the vice president's office." Another defense official, who made notes of Waxman's report, said Cheney's lawyer ridiculed the vagueness of the Geneva ban on "outrages upon personal dignity," saying it would leave U.S. troops timid in the face of unpredictable legal risk. When Waxman replied that the official White House policy was far more opaque, according to the report, Addington accused him of trying to replace the president's decision with his own.

"The impact of that meeting is that Directive 2310 died," Mora said.

'Total Indifference to Public Opinion'

Over the next 12 months, Congress and the Supreme Court imposed many of the restrictions that Cheney had squelched.

"The irony with the Cheney crowd pushing the envelope on presidential power is that the president has now ended up with lesser powers than he would have had if they had made less extravagant, monarchical claims," said Bruce Fein, an associate deputy attorney general under President Ronald Reagan.

Flanigan, a founding member of that crowd, said he still believes that Addington and Yoo were right in their "application of generally accepted constitutional principles." But he acknowledged that many battles ended badly. "The Supreme Court," Flanigan said, "decided to change the rules."

Even so, Cheney's losses were not always as they appeared.

On Oct. 5, 2005, the Senate voted 90 to 9 in favor of McCain's Detainee Treatment Act, which included the Geneva language [Read the bill]. It was, by any measure, a rebuke to Cheney. Bush signed the bill into law. "Well, I don't win all the arguments," Cheney told the Wall Street Journal.

Yet he and Addington found a roundabout path to the exceptions they sought for the CIA, as allies in Congress made little-noticed adjustments to the bill.

The final measure confined only the Defense Department to the list of interrogation techniques specified in a new Army field manual. No techniques were specified for CIA officers, who were forbidden only in general terms to employ "cruel" or "inhuman" methods. Crucially, the new law said those words would be interpreted in light of U.S. constitutional law. That made a big difference to Cheney.

The Supreme Court has defined cruelty as an act that "shocks the conscience" under the circumstances. Addington suggested, according to another government lawyer, that harsh methods would be far less shocking under circumstances involving a mass-casualty terrorist threat. Cheney may have alluded to that advice in an interview with ABC's "Nightline" on Dec. 18, 2005, saying that "what shocks the conscience" is to some extent "in the eye of the beholder."

Eager to put detainee scandals behind them, Bush's advisers spent days composing a statement in which the president would declare support for the veto-proof bill on detainee treatment. Hours before Bush signed it into law on Dec. 30, 2005, Cheney's lawyer intercepted the accompanying statement "and just literally takes his red pen all the way through it," according to an official with firsthand knowledge.

Addington substituted a single sentence. Bush, he wrote, would interpret the law "in a manner consistent with the constitutional authority of the President to supervise the unitary executive branch and as Commander in Chief."

Cheney's office had used that technique often. Like his boss, Addington disdained what he called "interagency treaties," one official said. He had no qualms about discarding language "agreed between Cabinet secretaries," the official said.

Top officials from the CIA, and the Justice, State and Defense departments unanimously opposed the substitution, according to two officials. John B. Bellinger III, the ranking national security lawyer at the White House, warned that Congress would view Addington's statement as a "stick in the eye" after weeks of consensus-building by national security adviser Stephen J. Hadley.

None of that mattered. With Cheney's weight behind it, White House counsel Harriet E. Miers sent Addington's version to Bush for his signature.

"The only person in Washington who cares less about his public image than David Addington is Dick Cheney," said a former White House ally. "What both of them miss is that ..... in times of war, a prerequisite for success is people having confidence in their leadership. This is the great failure of the administration -- a complete and total indifference to public opinion."

'Almost Everything' Cheney Wanted

On June 29, 2006, the Supreme Court struck its sharpest blow to the house that Cheney built, ruling 5 to 3 that the president had no lawful power to try alleged terrorists in military commissions [Read the opinion]. The tribunal order that Cheney brought to Bush's private dining room, and the game plan Cheney's lawyer wrote to defend it, fetched condemnation on disparate legal grounds. The majority relied, as Addington's critics foresaw, on Justice Kennedy's vote.

Not only did the court leave the president beholden to Congress for the authority to charge and punish terrorists, but it rejected a claim of implicit legislative consent that Bush was using elsewhere to justify electronic surveillance without a warrant. And not only did it find that Geneva's Common Article 3 protects "unlawful enemy combatants," but it also said that those protections -- including humane treatment and the right to a trial by "a regularly constituted court" -- were enforceable by federal judges in the United States.

The court's decision, in Hamdan v. Rumsfeld, was widely seen as a calamity for Cheney's war plan against al-Qaeda. As the Bush administration formed its response, the vice president's position appeared to decline further still.

White House strategists agreed that they had to submit legislation to undo the damage of the Hamdan case. Cheney and Addington, according to a former official with firsthand knowledge, favored a one-page bill. Their proposal would simply have stated that the Geneva Conventions confer no right of access to U.S. courts, stripped U.S. courts of jurisdiction over foreign nationals declared to be enemy combatants and affirmed the president's authority to create military commissions exactly as he had already done. Bush chose to spend the fall of 2006 negotiating a much more complex bill that became the Military Commissions Act.

The White House proposal, said Joshua B. Bolten, the chief of staff, "did not come out exactly as the vice president would have wanted."

In another reversal for Cheney, Bush acknowledged publicly on Sept. 6 that the CIA maintained secret prisons overseas for senior al-Qaeda detainees, a subject on which he had held his silence since The Post disclosed them late in 2005. The president announced that he had emptied the "black sites" and transferred their prisoners to Guantanamo Bay to be tried.

The same week, almost exactly a year after the vice president's office shelved Waxman's Pentagon plan, Waxman's successor dusted it off. DOD Directive 2310.01E, the Department of Defense Detainee Program, included the verbatim text of Geneva's Common Article 3 and described it, as Waxman had, as "a minimum standard for the care and treatment of all detainees." [Read the directive] The new Army field manual, published with the directive, said that interrogators were forbidden to employ a long list of techniques that had been used against suspected terrorists since Sept. 11, 2001 -- including stripping, hooding, inflicting pain and forcing the performance of sex acts.

For all the apparent setbacks, close observers said, Cheney has preserved his top-priority tools in the "war on terror." After a private meeting with Cheney, one of them said, Bush decided not to promise that there would be no more black sites -- and seven months later, the White House acknowledged that secret detention had resumed.

The Military Commissions Act, passed by strong majorities of the Senate and House on Sept. 28 and 29, 2006, gave "the office of the vice president almost everything it wanted," said Yoo, who maintained his contact with Addington after returning to a tenured position at Berkeley.

The new law withstood its first Supreme Court challenge on April 2. It exempts CIA case officers and other government employees from prosecution for past war crimes or torture. Once again, an apparently technical provision held great importance to Cheney and his allies.

Without repealing the War Crimes Act, which imposes criminal penalties for grave breaches of Geneva's humane-treatment standards, Congress said the president, not the Supreme Court, has final authority to decide what the standards mean -- and whether they even apply.

'I'd Like to Close Guantanamo'

Air Force Two touched down in Sydney this past Feb. 24. Cheney had come to discuss Iraq. Prime Minister John Howard brought the conversation around to an Australian citizen who had unexpectedly become a political threat.

Under pressure at home, Howard said he told Cheney that there must be a trial "with no further delay" for David Hicks, 31, who was beginning his sixth year at the U.S. naval prison at Guantanamo Bay. Five days later, Hicks was indicted as a war criminal. On March 26, he pleaded guilty to providing "material support" for terrorism.

At every stage since his capture, as he changed taxis at the Afghan-Pakistan border, Hicks had crossed a legal landscape that Cheney did more than anyone to reshape. He was Detainee 002 at Guantanamo Bay, arriving on opening day at an asserted no man's land beyond the reach of sovereign law. Interrogators questioned him under guidelines that gave legal cover to the infliction of pain and fear -- and, according to an affidavit filed by British lawyer Steven Grosz, Hicks was subjected to beatings, sodomy with a foreign object, sensory deprivation, disorienting drugs and prolonged shackling in painful positions.

Enlarge Photo

Ankle cuffs are seen locked to the floor of an interrogation room at Guantanamo Bay. The new legal framework for interrogations was designed to leave room for cruelty. More Cheney photos...

The U.S. government denied those claims, and before accepting Hicks's guilty plea it required him to affirm that he had "never been illegally treated." But the tribunal's rules, written under principles Cheney advanced, would have allowed the Australian's conviction with evidence obtained entirely by "cruel, inhuman or degrading" techniques.

Shortly after Cheney returned from Australia, the Hicks case died with a whimper. The U.S. government abruptly shifted its stance in plea negotiations, dropping the sentence it offered from 20 years in prison to nine months if Hicks would say that he was guilty.

Only the dramatic shift to lenience, said Joshua Dratel, one of three defense lawyers, resolved the case in time to return Hicks to Australia before Howard faces reelection late this year. The deal, negotiated without the knowledge of the chief prosecutor, Air Force Col. Morris Davis, was supervised by Susan J. Crawford, the convening authority over military commissions. Crawford received her three previous government jobs from then-Defense Secretary Cheney -- she was appointed as his special adviser, Pentagon inspector general and then judge on the U.S. Court of Appeals for the Armed Forces.

Yet the tactical retreat on Hicks, according to Bush administration officials, diverted attention from the continuity of U.S. policy on detainees.

A year after Bush announced at a news conference that "I'd like to close Guantanamo," the camp remains open and has been expanded. Senior officials said Cheney, with few allies left, has turned back strong efforts -- by Rice, England, new Defense Secretary Robert M. Gates and former Bush speechwriter Mike Gerson, among others -- to give the president what he said he wants.

Cheney and his aides "didn't circumvent the process," one participant said. "They were just very effective in using it."

'This is a Dangerous World'

More than a year after Congress passed McCain-sponsored restrictions on the questioning of suspected terrorists, the Bush administration is still debating how far the CIA's interrogators may go in their effort to break down resistant detainees. Two officials said the vice president has deadlocked the debate.

Bush said last September that he would "work with" Congress to review "an alternative set of procedures" for "tough" -- but, he said, lawful -- interrogation. He did not promise to submit legislation or to report particulars to any oversight committee, and he has not done so.

Two questions remain, officials said. One involves techniques to be authorized now. The other is whether any technique should be explicitly forbidden.

According to participants in the debate, the vice president stands by the view that Bush need not honor any of the new judicial and legislative restrictions. His lawyer, they said, has recently restated Cheney's argument that when courts and Congress "purport to" limit the commander in chief's warmaking authority, he has the constitutional prerogative to disregard them.

If Cheney advocates a return to waterboarding, they said, they have not heard him say so. But his office has fought fiercely against an executive order or CIA directive that would make the technique illegal.

"That's just the vice president," said Gerson, the former speechwriter, referring to Cheney's October remark that "a dunk in the water" for terrorists -- a radio interviewer's term -- is "a no-brainer for me."

Gerson added: "It's principled. He's deeply conscious that this is a dangerous world, and he wants this president and future presidents to be able to deal with that. He feels very strongly about these things, and it's his great virtue and his weakness."

WASHINGTON - The White House acknowledged Friday that a meeting to discuss the future of the Guantanamo Bay detention facility had been planned but was canceled late Thursday, and confirmed that the United States is helping build a prison in Afghanistan that would take some prisoners now at Guantanamo Bay.

The White House insisted the new facility was not meant as an alternative to the detainee facility in Cuba.

The Bush administration wants to close Guantanamo Bay and move its terror suspects to prisons elsewhere, but says no decision about the status of the facility is imminent. White House deputy press secretary Dana Perino said the United States has released about 80 of some 375 detainees, and hopes to transfer several dozen Afghans back to Afghanistan in the near future.

"America does not have any intention of being the world's jailer," Perino said, adding that the administration wants other nations to take their prisoners back, and treat them humanely, but not let them back on the battlefield.

She said President Bush has directed Secretary of State Condoleezza Rice to work with her counterparts around the world to try to repatriate the detainees to their home countries, make sure that they are held safely and treated humanely and that they are not allowed to perpetrate acts of terrorism.

Flashpoint for the U.S.
The Guantanamo Bay prison, set up in 2002 to house terror suspects captured in military operations, mostly in Afghanistan, has been a flash point for criticism of the Bush administration at home and abroad.

Human rights advocates and foreign leaders have repeatedly called for the shutdown of Guantanamo, and the prison is regarded by many as proof of U.S. double standards on fundamental freedoms in the war on terrorism.

Some of the detainees come from countries that are U.S. allies, including Britain, Saudi Arabia and Australia. Each of those governments raised complaints about the conditions or duration of detentions, or about the possibility that detainees might face death sentences.

Sources: Momentum to close Gitmo
Senior administration officials said Thursday that a consensus is building for a plan to shut the detention center and transfer detainees to one of more Defense Department facilities, including the maximum-security military prison at Fort Leavenworth, Kan. Perino would not comment on whether detainees were headed to Kansas.

Bush's national security and legal advisers had been scheduled to discuss the move at a meeting Friday, the officials said, but after The Associated Press reported it, the White House said the meeting would not take place that day and no decision on Guantanamo Bay's status is imminent.

Three senior administration officials spoke about the discussions on condition of anonymity because they were internal deliberations.

Perino said the meeting was canceled "very late" on Thursday because it was determined that a "meeting wasn't necessary at this time."

"There was going to be a meeting in which Guantanamo detainee issues were discussed today, but that has been taken off the schedule," Perino said Friday. "That doesn't mean that people don't continue to work on what the president has asked them to do, which is work towards getting that facility closed."

Expected to consult soon, according to the officials, were Rice, Vice President Dick Cheney, Defense Secretary Robert Gates, Attorney General Alberto Gonzales, Homeland Security chief Michael Chertoff, National Intelligence Director Mike McConnell and Joint Chiefs of Staff Chairman Gen. Peter Pace.

The White House at first denied a meeting was planned. "No decisions on the future of Guantanamo Bay are imminent, and there will not be a White House meeting tomorrow," said White House spokesman Scott Stanzel.

Stanzel added that "the president has long expressed a desire to close the Guantanamo Bay detention facility and to do so in a responsible way. A number of steps need to take place before that can happen such as setting up military commissions and the repatriation to their home countries of detainees who have been cleared for released.

"These and other steps have not been completed," Stanzel said.

Cheney reluctant
Previous plans to close Guantanamo have run into resistance from Cheney, Gonzales and former Defense Secretary Donald Rumsfeld. But officials said the new suggestion is gaining momentum with at least tacit support from the State and Homeland Security departments, the Pentagon, and the intelligence directorate.

Cheney's office and the Justice Department have been dead-set against the step, arguing that moving "unlawful" enemy combatant suspects to the U.S. would give them undeserved legal rights.

They could still block the proposal, but pressure to close Guantanamo has been building since a Supreme Court decision last year that found a previous system for prosecuting enemy combatants illegal. Recent rulings by military judges threw out charges against two terrorism suspects under a new tribunal scheme.

Those decisions have dealt a blow to the administration's efforts to begin prosecuting dozens of Guantanamo detainees regarded as the nation's most dangerous terror suspects.

Moves on the Hill
In Congress, recently introduced legislation would require Guantanamo's closure. One measure would designate Fort Leavenworth as the new detention facility.

Another bill would grant new rights to those held at Guantanamo Bay, including access to lawyers regardless of whether the prisoners are put on trial. Still another would allow detainees to protest their detentions in federal court, something they are now denied.

Gates, who took over the Pentagon after Rumsfeld was forced out last year, has said Congress and the administration should work together to allow the U.S. to permanently imprison some of the more dangerous Guantanamo Bay detainees elsewhere so the facility can be closed.

Military officials told Congress this month that the prison at Fort Leavenworth has 70 open beds and that the brig at a naval base in Charleston, S.C., has space for an additional 100 prisoners.