Douglas J. Feith | Detainee Matters

DETAINEE MATTERS

Spanish Affair

A March 17, 2009 complaint brought before the Spanish courts sought the indictment of six Bush administration officials, including me. The author of the complaint who gave interviews to the New York Times is a lawyer and convicted terrorist named Gonzalo Boyé.

This threat of prosecution challenges the integrity of the U.S. government. The legal theory makes no distinction between former and current officials. It claims that U.S. officials can be criminally punished by a foreign court for official work they do for the American people, as if the U.S. political and judicial systems don't deserve any more respect than did the Nazi government of Germany.

Moreover, what the complaint says against me is false, as I pointed out in a April 3 Wall Street Journal piece and a conference call with prominent bloggers. As Under Secretary of Defense, I took a strongly pro-Geneva-Convention position and the written record proves this. The complaint inaccurately claims that I aimed to undermine the Geneva Convention.

As highlighted in an April 13, 2009 New Yorker article, the complaint was inspired by the work of Philippe Sands. As Gonzalo Boyé stated, "Let me just say that he [Sands] played a very big role in my thinking. His book showed me who the targets were."

Sands's book, Torture Team, is a dishonest work full of inaccuracies, misrepresentations, and distortions. I detailed Sands's errors in my July 15, 2008 testimony before a House Judiciary subcommittee and in subsequent letters to subcommittee Chairman Jerrold Nadler.

		"Accuser with a Checkered Past" Craig Whitlock, Washington Post May 24, 2009
		Feith Conference Call on The Spanish Affair Hudson Institute/Redstate.com New Media Forum April 6, 2009
		"Spain Has No Right to Try U.S. Officials" Douglas J. Feith, Wall Street Journal April 3, 2009

The Torture Narrative: Rebutting Reckless Allegations

On July 15, 2008, I testified at a hearing in front of the House Judiciary Committee's Subcommittee on the Constitution, Civil Rights, and Civil Liberties. I refuted the allegation that the Bush administration encouraged or tolerated abuse or torture of detainees. The hearing was inspired by Philippe Sands's Torture Team, a book full of inaccuracies, misrepresentations, and distortions.

On August 13, 2008, I supplemented my testimony with a letter to the House Judiciary Committee's Subcommittee on the Constitution, Civil Rights, and Civil Liberties. In the letter, I refuted claims that I am hostile to the Geneva Conventions and disproved the false accusations of Philippe Sands.

On October 6, 2008, I submitted answers to the "Questions for the Record" posed by members of the House Judiciary Committee's Subcommittee on the Constitution, Civil Rights, and Civil Liberties.

		Video of Feith's opening statement before the House Judiciary Subcommittee [Transcript] July 15, 2008
		Video of the complete hearing of the House Judiciary Subcommittee [Transcript] July 15, 2008
		Feith Letter to Representative Jerrold Nadler, Chairman of the House Judiciary Subcommittee August 13, 2008
		Feith's Answers to "Questions for the Record" from the House Judiciary Subcommittee October 6, 2008
		Audio from Feith's Interview with Philippe Sands [Transcript] December 6, 2007

Commentary and Analysis

		"The Gitmo Myth and the Torture Canard" Arthur Herman, Commentary June 2009
		"Obama's Prosecutions by Proxy" John R. Bolton, Washington Post May 6, 2009
		"International Law and the Torture Memos" Pejman Yousefzadeh, The New Ledger April 17, 2009
		"Spain's AG: Torture Complaint Against Yoo, Feith, et al 'Fraudulent'" Mario Loyola, National Review: The Corner blog April 17, 2009
		"Framing Doug Feith" Ron Kampeas, Capital J blog April 14, 2009
		"The New Spanish Inquisition: Judge Garzón Launches a Crusade" Jeremy Rabkin and Mario Loyola, Weekly Standard April 13, 2009
		"The Practice of Law is Under Indictment — Where is the ABA?" Christopher Badeaux, The New Ledger April 9, 2009
		"If the Spanish Court Doesn't Work, They Can Always Try a Bet Din" Ron Kampeas, Capital J blog April 6, 2009
		"Spanish Court Threatens U.S. Sovereignty" Nicholas Guariglia, Hudson New York April 1, 2009
		"Spain's 'Universal Jurisdiction' Power Play" Andrew C. McCarthy, National Review March 31, 2009