Claire McCaskill asked: Did Haynes rely on anything aside from Beaver’s memo? Like, for instance, all the service lawyers’ memos that said all these techniques were illegal or otherwise problematic? “There was the package that came up with it.” But there was no legal opinion aside from Beaver’s in that package. So were there any other opinions?
“It’s important you understand how the Defense Dept. works,” he said. “I was the chief legal officer of the Defense Dept. When I would put my initials on a document… that was an indication I had reviewed it and found it adequate… So if I may, Senator, the package is important.” This is all a hash of obfuscation. He’s conceding McCaskill’s point, but in such an outraged tone that it makes it seem like he’s disagreeing.
Finally he sited a memo from Gen. Dunleavy, the commander of Guantanamo in 2002, as the basis for his ultimate advice to Rumsfeld. But Dunleavy relied on Beaver! Haynes went on to site another memo, from Gen. Hill, another military leader. “I don’t think Gen. Hill is a lawyer, is he?” McCaskill asked. “No.”
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