Questions Raised About Bush’s Primary Claims in Defense of Secret Detention System.

Mark Mazzetti, New York Times:

In defending the Central Intelligence Agency’s secret network of prisons on Wednesday, President Bush said the detention system had used lawful interrogation techniques, was fully described to select members of Congress and led directly to the capture of a string of terrorists over the past four years.

A review of public documents and interviews with American officials raises questions about Mr. Bush’s claims on all three fronts.

Mr. Bush described the interrogation techniques used on the C.I.A. prisoners as having been “safe, lawful and effective,” and he asserted that torture had not been used. But the Bush administration has yet to make public the legal papers prepared by government lawyers that served as the basis for its determination that those procedures did not violate American or international law.

The president said the Department of Justice approved a set of aggressive interrogation practices for C.I.A. detainees in 2002 after milder ones proved ineffective on Abu Zubaydah, the first of the Qaeda leaders taken into custody.

Current and former government officials said that specific interrogation methods were addressed in a series of documents, including an August 2002 memorandum by the Justice Department that authorized the C.I.A.’s use of 20 interrogation practices.

The August 2002 document, which was leaked to reporters in 2004, said interrogation methods just short of those that might cause pain comparable to “organ failure, impairment of bodily function or even death” could be allowable without being considered torture.

The memorandum was repudiated in another Justice Department document at the end of 2004, and Congressional officials said on Thursday that they had not received documents from the administration explaining the legal underpinnings of the program.