1. 1. US Department of Justice Strategic Plan 2001-2006 (2001), at
2. 2. Carl Cameron, 'FBI Reorganization Gets Under Way', Fox News, 29 May 2002,
3. 3. Press Release, US Dept. of Justice, Attorney General Ashcroft Directs Law Enforcement Officials to Implement New Anti-Terrorism Act (26 October 2001), at .
4. The Classified Information Procedures Act (CIPA), 18 USC App. III, § 6(a) (2000). CIPA serves three purposes: 1) to provide the government with advance notice when a defendant intends to disclose classified information during litigation of pretrial issues or at a criminal trial, 2) to permit the government to avoid unnecessary harm to the national security where the disclosure of such information is not legally required, and 3) to permit the government to gauge the harm to national security, and thereby determine how and whether to proceed, where the disclosure of such information is necessary to the fair resolution of the case. Jim McAdams, Senior Legal Instructor, Federal Law Enforcement Training Center, Department of Homeland Security, ‘An Introduction and Practical Guide for Criminal Investigators (2007)’, at .
5. Judge Jay Bybee is credited with having suggested that an act isn’t torture unless the pain inflicted is ‘equivalent in intensity to the pain accompanying serious physical injury, such as organ failure, impairment of bodily function, or even death.’ ‘Memorandum for Alberto R. Gonzales, Counsel to the President, Re: Standards of Conduct for Interrogation under 18 USC 2340-2340A, 1 August 2002’, at . Prof. John Yoo contemporaneously opined that neither U.S. law nor U.S. obligations under the Convention against Torture impede the use of certain interrogation methods against ‘captured Al Qaida operatives’. John Yoo letter to Alberto Gonzales, 1 August 2002, at . Bybee and Yoo were both members of the US Department of Justice, Office of Legal Counsel when these opinions were rendered.