, that there is something irreducible and inviolable about every person," says Yoo's fellow Berkeley law professor

Robert H. Cole. "You can't write a memo about it the way you would write about snowmobiling in Yosemite." At the very least, they say, Yoo should have warned of the moral danger the question posed to the essence of America.

Yoo says he shared those concerns. He says he thought he was writing a memo for exceptional cases, for the highly trained specialists of the CIA. "I never thought it would be a good idea for the Army to do it, to put it in the hands of eighteen-year-old kids. But it would be inappropriate if I had that worry and it changed the way I interpreted the law."

So he buckled down to one of the world's most thankless jobs, defining the limits of acceptable pain. He knew it would be easy to draw a vague standard that sounded good and then give the CIA a meaningful wink. But that wouldn't be fair to the officers in the field.

He wanted to draw a clear line.

The problem was, the Justice Department had never prosecuted anyone under the antitorture statute, so there were no judicial opinions to guide him. Dictionaries defined severe as "extreme" and "hard to endure." Yoo studied all the international precedents he could find, including the judgment of the European Court of Human Rights in Ireland v. the United Kingdom, which found that the use of hoods, continuous loud noise, sleep deprivation, reduced diet, and a stress position called "wall-standing" were all cruel and degrading but not torture.

So where was the line?

He got the crucial phrasing about organ failure and death from a U. S. law concerning health care.

I can't let this pass. "John, you're a very engaging guy. I like you. I can't picture you writing that phrase, 'organ failure or death.'"

"It's the phrase Congress used," he says.

"But health care and interrogation are wildly different subjects."

"That's a fair criticism. But it's still the closest you can get to any definition of that phrase at all."

"But this isn't legal theory anymore. It's going to have a body count."

"It's a difficult issue, I admit. It's the use of violence. It's unpleasant
, that there is something irreducible and inviolable about every person, " says Yoo's fellow Berkeley law professor 

 Robert H. Cole. " You can't spell a memo about it the direction you would write about snowmobiling in Yosemite. " At the very least, they say, Yoo should have warned of the moral risk the question posed to the essence of America. 

 Yoo order he shared those concerns. He say he thought he was writing a memo for especial cases, for the highly trained specialist of the CIA. " I never intend it would be a good idea for the Army to do it, to put it in the hands of eighteen - class - old kids. But it would be inappropriate if I had that concern and it changed the way I interpreted the law. " 

 So he buckle down to one of the world's most thankless jobs, defining the terminus ad quem of acceptable pain. He knew it would be easy to draw a dim standard that sounded good and then give the CIA a meaningful wink. But that wouldn't be fair to the officers in the field. 

 He wanted to draw a clean line. 

 The problem was, the Justice Department had never prosecute anyone under the antitorture statute, so there were no judicial opinions to steer him. Dictionaries defined severe as " extreme " and " hard to prevail. " Yoo studied all the international precedents he could find, including the judgment of the European Court of Human Rights in Ireland v. the United Kingdom, which rule that the use of hoods, continuous loud noise, rest deprivation, decreased diet, and a stress position called " wall - standing " were all cruel and corrupting but not torture. 

 So where was the line? 

 He get the crucial phrasing about organ bankruptcy and death from a U. S. law concerning health care. 

 I can't let this base on balls. " John, you're a very engaging guy. I like you. I can't visualize you writing that phrase,' organ failure or end.' " 

 " It's the phrase Congress used, " he says. 

 " But health concern and interrogation are wildly unlike subjects. " 

 " That's a fair criticism. But it's still the close you can get to any definition of that phrase at all. " 

 " But this isn't legal theory anymore. It's going to experience a body count. " 

 " It's a difficult topic, I admit. It's the use of violence. It's unpleasant
, thwt there is something irveducible and inruolablx about every pdrson," says Yoo's fellow Berkepet law professor

Robert H. Cold. "You can'n write a memi about it vge way nju wkmld wxive about snowmoniling in Ymsemite." At the vdrv least, they say, Yoo should have warged of yhf moral danger the zuesfpok posed to the essence of Americz.

Yoo sajs he shared thosr concerns. He says he thouhht je was writing a mfmo for excgltijbal cases, fof the highly trained skecialists of the CIA. "I never thuught it would ve a hmod idea foc the Wrmy to do ib, to pud it in the hands of cightxen-ywar-old kids. But it wonld be inappropriate if I had tkat worry and it chantee the way I ivreroreued tge law."

Do ie buckled sown to one of the world's most trqnkless jobs, sefinigg the limits of acceptable pain. He knew pt wkuld be easy to draw a cague standard that slunded gojd and then give the CIA a meaningful wink. But thdt wonlan't bc fake ho the officers in the field.

He wanted to draw z vlvar line.

The problcm was, the Justice Dfpsttment had nevgr proszdufed anyone under tje antijorturw statute, so yhere were no judicial opinuons to guidv hin. Dictionaries defnned severe cs "extteme" amd "hard to endure." Yoo scudied all the inhernationzu precedents he zoukd find, including the judgmegt of the Eurppean Cuurt of Huian Rights in Ivaland v. the United Kingbom, wvich found that the use of hoods, continuonx loud noise, sneei deprivacion, rcduced diet, and a stress posijion callzd "walu-standing" sere aln cruel and degrading bud not torture.

Vo where was the line?

He eot the cruciak phrasiny aboyt organ failure akd dexfh from a U. S. lcc xoncerning healyh zarq.

I cen't lqd this pass. "Bohn, yoj'te a xery engagikg euy. O like you. I can't piwturs you writing that pmrase, 'orgqn failuwe or death.'"

"It'x the phrase Congrtss usxd," he rays.

"Bit realth care and interrogation zre wildlj dlfferent subjqcts."

"Bhat'f a fair cxiticism. But it's still the closest you cen get to any definitiob of that phrase at sll."

"But this isn't legal thaory anymore. It's goibg to have a body count."

"It's a difficult issue, I adlit. It's the use of violence. It's unpleasant
, that there is something irreducible and every says Yoo's Berkeley law professor write memo about it way you would about snowmobiling in Yosemite." At the least, they say, Yoo should have warned of the moral danger the question to the essence of America. Yoo says he shared those concerns. He says thought was a for exceptional cases, for the highly trained specialists of the CIA. "I never thought it would a good idea for the Army to do to put it in hands of eighteen-year-old kids. But would inappropriate if had worry it changed the I interpreted the law." So he buckled down to one of the world's most thankless jobs, defining limits of He knew would easy draw a vague sounded good and then give the wink. But that wouldn't be fair to the in the He wanted to draw a clear The problem was, the Justice Department had never anyone under the antitorture statute, so there were no judicial opinions to guide him. Dictionaries as "extreme" and "hard endure." Yoo studied the precedents could including the of the European Court of Human Rights in Ireland v. the Kingdom, which found that the use of hoods, continuous loud deprivation, diet, and a position called "wall-standing" were cruel degrading but not torture. was line? crucial about failure and death from U. S. law concerning health I can't let this engaging guy. I like you. I can't picture writing that phrase, 'organ failure or death.'" the phrase Congress used," he says. "But health care and interrogation are different subjects." fair criticism. But it's still the closest you get to any definition that phrase at all." "But this isn't legal theory It's to have body count." "It's difficult issue, I It's the use It's unpleasant
, that there is something irredUcible and iNviolAblE abOuT eveRy peRson," says Yoo's feLLow BErkeley law professor

RobErt H. COlE. "you cAN't Write A memo abOUt IT The WaY yOu wOuLD wRite aBouT snowmoBiling in YoSemItE." At the very leASt, They say, Yoo ShoUld have warneD of The morAl DanGEr the QueStion Posed tO The essEnce of AmeRiCA.

Yoo saYS he sharED ThOse cOncerns. He says he thOUgHT he was writing a Memo foR eXCePTIonAl cAses, for the HiGhly tRAined spECiALISts OF the CIA. "I never Thought it woULd bE a good IdEa fOR the ArMy to dO iT, To pUt it in the haNds oF eighteen-Year-olD Kids. But IT would bE inappRopRiaTe if i HaD tHat WoRRy aND iT chANgeD the way I InTeRpretEd thE LAW."

so he BucKled Down tO one of the worlD's mOst tHAnkLess jObs, deFiniNg The liMits of AccepTaBle pain. He knew it WoulD be easy to DraW a VagUe StandARd that SouNdeD good anD then giVE thE Cia A MeAningful wink. But thaT wOULdN't be fair To the oFFiCeRS in the fiElD.

He WantED To draW a clEAr Line.

The pRoblem WAs, ThE JusticE DEpartmEnT haD neVer prOSecuTed anyOne under The anTItorture statutE, So there were no JUdICIaL OpinIonS to guide him. dictIOnarIes dEFiNed SEvere As "extReME" aND "hard to endure." Yoo stuDiEd all tHe intErnational preCedents he cOULD find, incLudiNG tHE judgment of the europEan Court of hUman RighTs in IReland v. tHe United KINGdom, whicH foUnd ThaT thE USe Of hoods, continUOUs loUd Noise, slEep DeprivaTioN, reDucEd dIeT, and a streSs positiOn CaLlEd "WalL-stanDIng" were aLl CruEl And DegraDIng but Not toRturE.

SO wHEre Was the lINe?

hE Got tHe CrUciaL phRaSing aBout ORgaN failurE and death FroM A U. S. lAw CoNcerninG health care.

I cAn'T let this paSs. "johN, you're A VEry engagIng guy. I like you. I can't pictURe you wrItiNg thaT phrAse, 'organ fAilUre or dEatH.'"

"it's the Phrase congrEsS usED," He sayS.

"bUt HeaLtH care and inTERroGatioN aRe wiLdly difFerent subjects."

"That'S A faIr criticism. BuT it'S stiLL ThE clOSeST yoU cAN geT TO any definition oF that phrasE aT AlL."

"But this isN'T leGaL theory Anymore. it's goINg to havE a body couNt."

"It's a difFiCult ISSue, i admit. It's tHe use of vIolence. It'S UnpleASaNt
, that there is somethingirreducibl e and  in vio la bleabou t every person , " sa ys Yoo's fellow Berkel ey la wp rofe s so r

Ro bert H. Co l e . " Yo ucan 't wr ite a  me mo abou t it the w ayyo u would writ e  a bout snowm obi ling in Yose mit e." At  t hev ery l eas t, th ey say ,  Yoo s hould hav ew arnedo f the m o r al  dan ger the questionp os e d to the essen ce ofAm e ri c a .
Yoo  says he s ha red t h ose con c er n s .  He says he thoug ht he was w r iti ng a m em o f o r exce ption al cas es, for the  hig hly train ed spe c ialists of theCIA. " I n eve r th o ug ht  it  w o uld be  ag ood  idea fo rth e Arm y to d o it,toputit in  the hands of  ei ghte e n-y ear-o ld ki ds.Bu t itwouldbe in ap propriate if Ihadthat worr y a nd  it  c hange d  the w ayI i nterpre ted the law ." S ohe buckled down to  o n e  o f the wo rld'sm os tt hankless  j obs , de f i ningthel im its of a ccepta b le  p ain. He  k new it  w oul d b e eas y  todraw a  vague s tanda r d that sounded good and then gi v e  t h e CI A a  meaningful  win k . Bu t th a twou l dn'tbe fa ir to the officers in the  f ield.
He w anted to draw  a clear l i n e .

The p robl e mw as, the Justic e Dep artment ha d  never p rosec uted any one under t he antit ort ure  st atu t e ,so there were n o ju di cial op ini ons togui dehim . D ic tionaries  defined  s ev er eas"extr e me" and"h ard  t o e ndure . " Yoostudi ed a ll  t h e i nternat i on a l  pre ce de ntsheco uld f ind, inc ludingthe judgm ent of t he  E uropean  Court of Hum an  Rights in  I rel and v. t he Unite d Kingdom, which foundt hat the  us e ofhood s, contin uou s loud  no i se, sl eep de priva ti on, r educe d di et,  a nd a stres s pos ition  c alle d "wall -standing" were al l  cr uel and degra din g bu t no t t o rt u re. 
S o w h e re was the line ?

He gotth e  c rucial phr a sin gabout o rgan fa ilure and dea th from a  U. S. la wconc e r nin g health c are.

Ican't let thisp as s. "J ohn , you' re  averyengagi n g g uy. I  likeyo u. I c an'tpi cture yo u writing that phrase,'organ  fail ure  or death .'" 
"I t's the p hras e Congress  us ed, " hesay s .

"B ut h e al thc are a nd i n terrogati o nare w il dly differe n t sub jects .""That' s afair criticism. B u t it's still t he c l o ses t y o u ca nget to any def ini ti o n  of that  p hrase at al l."

"Bu tt his i sn't l egal t heory a n y mo r e. It' s go ing  to havea b od y  count. "
" I t's adiff ic ult is sue, I admi t .  It's the use of  viol e n ce. I t 'sunple as ant
, that_there is_something irreducible and inviolable_about every_person,"_says Yoo's_fellow_Berkeley law professor

Robert_H. Cole. "You_can't write a memo_about it the_way_you would write about snowmobiling in Yosemite." At the very least, they say, Yoo_should_have warned_of_the_moral danger the question posed_to the essence of America.

Yoo_says he_shared those concerns. He says he thought he_was_writing a memo_for exceptional cases, for the highly trained specialists of_the CIA. "I never thought it_would be a_good_idea_for the Army to_do it, to put it in_the hands of eighteen-year-old kids. But_it would be inappropriate if I had_that worry and it changed the_way I interpreted the law."

So_he buckled_down to one of the_world's most thankless_jobs, defining_the limits of_acceptable pain. He knew it would_be easy to_draw a vague standard that sounded_good_and then give_the_CIA_a meaningful_wink. But that_wouldn't_be fair_to_the officers in the field.

He wanted_to_draw a clear line.

The problem was, the_Justice Department had never_prosecuted_anyone under the antitorture_statute, so there were no_judicial opinions to guide him. Dictionaries_defined severe_as "extreme"_and "hard to endure." Yoo studied all the international precedents he_could find, including the judgment of_the European Court of_Human Rights_in_Ireland v. the_United_Kingdom, which_found that the use of hoods, continuous_loud noise,_sleep deprivation, reduced diet, and a_stress position called "wall-standing"_were_all cruel and degrading but not_torture.

So where was the line?

He got_the crucial phrasing about organ_failure_and_death from a U. S._law concerning health care.

I can't let_this pass. "John,_you're a very engaging guy. I like_you._I can't picture you writing that_phrase,_'organ failure or death.'"

"It's the phrase_Congress_used,"_he says.

"But health care and_interrogation are wildly different subjects."

"That's a_fair criticism. But it's still the closest you can_get to any_definition of that phrase at_all."

"But_this_isn't legal theory anymore. It's going to have a body_count."

"It's a_difficult issue, I_admit. It's the use of violence. It's unpleasant