Posted by Jonathan Adler:
Obama Orders Release of "Torture Memos":
http://volokh.com/archives/archive_2009_04_12-2009_04_18.shtml#1239911737
President Obama has [1]decided to release OLC "torture memos" drafted
between 2002 and 2005. In his statement (reproduced [2]here), he cited
"exceptional circumstances" justifying the memos' release (reportedly
over the objection of some intelligence officials). He also said that
those who relied upon the memos "in good faith" would not be
prosecuted for their actions.
In releasing these memos, it is our intention to assure those who
carried out their duties relying in good faith upon legal advice
from the Department of Justice that they will not be subject to
prosecution. The men and women of our intelligence community serve
courageously on the front lines of a dangerous world. Their
accomplishments are unsung and their names unknown, but because of
their sacrifices, every single American is safer. We must protect
their identities as vigilantly as they protect our security, and we
must provide them with the confidence that they can do their jobs.
Going forward, it is my strong belief that the United States has a
solemn duty to vigorously maintain the classified nature of certain
activities and information related to national security. This is an
extraordinarily important responsibility of the presidency, and it
is one that I will carry out assertively irrespective of any
political concern. Consequently, the exceptional circumstances
surrounding these memos should not be viewed as an erosion of the
strong legal basis for maintaining the classified nature of secret
activities. I will always do whatever is necessary to protect the
national security of the United States.
References
1.
http://thecaucus.blogs.nytimes.com/2009/04/16/secret-interrogation-memos-to-be-released/
2.
http://politics.theatlantic.com/2009/04/obama_explains_memo_release_decision.php
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