"Congress's definition of torture in those laws - the infliction of severe mental or physical pain - leaves room for interrogation methods that go beyond polite conversation"
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The chill in Yoo's line is how casually it treats the boundary between law and cruelty as a drafting problem. "Severe mental or physical pain" is technically a limit, but he frames it as an opening: if the statute doesn't explicitly cover every coercive technique, then anything short of that threshold becomes fair game. The kicker is the breezy contrast with "polite conversation", a phrase that shrinks the moral universe to two options: tea-and-crumpets civility or whatever lies beyond. That rhetorical move normalizes escalation. It doesn't argue for brutality outright; it makes brutality sound like the practical middle of the road.
The specific intent reads like a lawyerly permission slip. Yoo isn't asking whether harsh methods are right; he's asking whether the text can be parsed to allow them. Subtext: the real target isn't an enemy detainee, it's accountability. If torture is defined narrowly enough, the state can do a lot and still say, with straight face and legal citation, that it didn't cross the line.
Context matters because Yoo was a central architect of post-9/11 executive-branch legal reasoning that sought maximum flexibility for the war on terror, especially in interrogation and detention. This quote sits inside a broader project: converting moral prohibitions into compliance checklists, then designing tactics to live in the margins. Its power is in its bureaucratic tone. It makes the extraordinary sound routine, turning human suffering into an interpretive question and letting the law's loopholes do the dirty work.
The specific intent reads like a lawyerly permission slip. Yoo isn't asking whether harsh methods are right; he's asking whether the text can be parsed to allow them. Subtext: the real target isn't an enemy detainee, it's accountability. If torture is defined narrowly enough, the state can do a lot and still say, with straight face and legal citation, that it didn't cross the line.
Context matters because Yoo was a central architect of post-9/11 executive-branch legal reasoning that sought maximum flexibility for the war on terror, especially in interrogation and detention. This quote sits inside a broader project: converting moral prohibitions into compliance checklists, then designing tactics to live in the margins. Its power is in its bureaucratic tone. It makes the extraordinary sound routine, turning human suffering into an interpretive question and letting the law's loopholes do the dirty work.
Quote Details
| Topic | Human Rights |
|---|---|
| Source | Help us find the source |
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