Even Torture Memo Author John Yoo Thinks Rectal Feeding Was Illegal

Even Torture Memo Author John Yoo Thinks Rectal Feeding Was Illegal
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WASHINGTON, Dec 14 (Reuters) - As former Vice President Dick Cheney argued on Sunday that the CIA's aggressive interrogation of terrorism suspects did not amount to torture, the man who provided the legal rationale for the program said that in some cases it had perhaps gone too far.

Former Justice Department lawyer John Yoo said the sleep deprivation, rectal feeding and other harsh treatment outlined in a U.S. Senate report last week could violate anti-torture laws.

"If these things happened as they're described in the report ... they were not supposed to be done. And the people who did those are at risk legally because they were acting outside their orders," Yoo said on CNN's "Fareed Zakaria GPS."

As Deputy Assistant U.S. Attorney General in the Office of Legal Counsel in 2002, Yoo co-wrote a memo that was used as the legal sanction for what the CIA called its program of enhanced interrogation techniques after the Sept. 11 attacks.

The memo said only prolonged mental harm or serious physical injury, such as organ failure, violated the Geneva Convention's ban on torture. Aggressive interrogation methods like waterboarding fell short of that mark.

Yoo's comments on Sunday contrasted with those of Cheney and former national security officials who invoke his memo to argue that the harsh treatment of detainees was legal.

"They specifically authorized and okayed what we did," Cheney said on NBC's "Meet the Press."

"No one tortured anyone else," former CIA counter terrorism head Jose Rodriguez said on "Fox News Sunday."

The Senate Intelligence Committee's review of 6.3 million pages of CIA documents, released on Tuesday, found that some captives were deprived of sleep for more than a week, at times with their hands shackled above their heads, while others were abused sexually.

"Looking at it now, I think of course you can do these things cumulatively or too much that it would cross the line of the anti-torture statute," Yoo said on the C-SPAN television network.

He questioned whether the report's findings were reliable, given it was produced only by Democrats who had a political incentive to cherry-pick the worst examples.

The report concluded the CIA misled the White House and the public about the program and failed to disrupt a single plot. Those findings have been disputed by former CIA officials.

Cheney said he was not concerned that the torture program ensnared victims of mistaken identity, and said he had no regrets.

"I'd do it again in a minute," he said. (Additional reporting by Alina Selyukh; Editing by Frances Kerry and Stephen Powell)

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Dick Cheney
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In this Oct. 6, 2011, file photo former Vice President Dick Cheney speaks at the third annual Washington Ideas Forum in Washington. (AP Photo/Manuel Balce Ceneta, File) (credit:AP)
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In this April 25, 2013, file photo former Vice President Dick Cheney participates in the dedication of the George W. Bush Presidential Center in Dallas. In an interview Sunday, Oct. 27, 2013, Cheney said Republicans need to look to a new generation of leaders as the party deals with poor approval ratings following a 16-day partial-government shutdown. He said Republicans need to have "first-class" candidates and look to its strategy and a new generation. (AP Photo/David J. Phillip, File) (credit:AP)
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Cheney waves as he arrives in Tbilisi with his wife on September 4, 2008 for a meeting with Georgian President Mikheil Saakashvili (not pictured). Cheney, who arrived from neighboring Azerbaijan, was due to meet with Georgian President Mikheil Saakashvili before travelling on later in the day to Ukraine, part of a tour of US allies in the former Soviet Union. (ZVIAD NIKOLAISHVILI/AFP/Getty Images) (credit:Getty Images)
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In this April 17, 2013 file photo, former U.S. Vice President Dick Cheney leaves after attending the funeral service of former British Prime Minister Margaret Thatcher at St. Paul's Cathedral, in London. In an interview with CBS' "60 Minutes," Cheney says he once feared that terrorists could use the electrical device that had been implanted near his heart to kill him and had his doctor disable its wireless function. (AP Photo/Olivia Harris, Pool, File) (credit:AP)
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Prime Minister of Ukraine Yulia Tymoshenko with former Vice President Dick Cheney. (ALEXANDER PROKOPENKO/AFP/Getty Images) (credit:Getty Images)
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Italian Prime Minister Silvio Berlusconi (R) shakes hands with Vice President Dick Cheney after a joint press conference on September 9, 2008 in Rome's Palazzo Chigi. (FILIPPO MONTEFORTE/AFP/Getty Images) (credit:Getty Images)
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Former Vice President Dick Cheney is interviewed by Neil Cavuto for his program "Cavuto," on the Fox Business Network, in New York Monday, Dec. 9, 2013. (AP Photo/Richard Drew) (credit:AP)
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Vice President Dick Cheney and Secretary of State Condoleezza Rice listen as President George W. Bush speaks prior to signing the United States - India Nuclear Cooperation Approval and Nonproliferation Enhancement Act in the East Room of the White House in Washington, DC, on October 8, 2008. (SAUL LOEB/AFP/Getty Images) (credit:Getty Images)
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Vice President Dick Cheney speaks as actress Bo Derek, the mistress of ceremonies, looks on during Veterans Day ceremonies at Arlington National Cemetery November 11, 2008 in Arlington, Virginia. (Photo by Win McNamee/Getty Images) (credit:Getty Images)
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Vice President Dick Cheney (L) and his wife Lynne (2nd-L), welcome Vice President-elect Joe Biden (R) and his wife Jill as they arrive for a private meeting and to tour the official residence of the Vice President November 13, 2008, at the US Naval Observatory in Washington, DC. (PAUL J. RICHARDS/AFP/Getty Images) (credit:Getty Images)
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Chief Justice of the United States, John Roberts, sits alongside Vice President Dick Cheney during the unveiling of National Portrait Gallery portraits of US President George W. Bush and First Lady Laura Bush at the National Portrait Gallery in Washington, DC, on December 19, 2008. (SAUL LOEB/AFP/Getty Images) (credit:Getty Images)
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Senator and Vice President-elect Joe Biden speaks to Vice President Dick Cheney as his wife Jill looks on during a swearing in reenactment ceremony at the U.S. Capitol on January 6, 2009 in Washington, DC. (KAREN BLEIER/AFP/Getty Images) (credit:Getty Images)
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Outgoing Vice President Dick Cheney arrives in a wheelchair before his successor Joe Biden (obscured) January 20, 2009 at the White House in Washington, D.C. prior to the inauguration of Barack Obama as 44th US president. (MANDEL NGAN/AFP/Getty Images) (credit:Getty Images)
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WASHINGTON, DC - FEBRUARY 10: Former U.S. Vice President Dick Cheney (R) introduces former U.S. Secretery of Defense Donald Rumsfeld at the Conservative Political Action conference (CPAC), on February 10, 2011 in Washington, DC. (Photo by Mark Wilson/Getty Images) (credit:Getty Images)
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In this file photo of Sept. 4, 2000, during his first run for president, Texas Gov. George W. Bush appears with his running-mate Dick Cheney in Naperville, Ill., where Bush used an expletive to describe a reporter while talking to Cheney, unaware an open microphone captured his remark. (AP Photo/Damian Dovarganes, File) (credit:AP)
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Palestinian leader Mahmoud Abbas (R) and Vice-President Dick Cheney hold a joint press conference after their meeting at the Palestinian Authority's headquarters in Ramallah on March 23, 2008. (PAUL J. RICHARDS/AFP/Getty Images) (credit:Getty Images)
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Lynne Cheney speaks about former Wyoming Treasurer Joe Meyer at a memorial service for him on Friday, Oct. 19, 2012, at the Cheyenne Hills Church in Cheyenne, Wyo. Former Vice President Dick Cheney, Meyer's longtime friend, stands behind her. (AP Photo/Ben Neary) (credit:AP)
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This Nov. 11, 2000 file photo shows then Republican presidential candidate Texas Gov. George W. Bush and running mate Dick Cheney walk down a dirt road to meet with reporters, followed by Bush's dog Spot, near Crawford, Texas. (AP Photo/Eric Draper, file) (credit:AP)
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In this July 17, 2012, file photo, former Vice President Dick Cheney returns to the Capitol to meet with Senate Republican leaders at a political strategy luncheon, in Washington. (AP Photo/J. Scott Applewhite, File) (credit:AP)
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In this April 3, 1991 file photo, Defense Secretary Dick Cheney speaks to members of the media in San Francisco, stating that Iraqi President Saddam Hussein's fighting force remains formidable with an estimated 20 divisions left scattered in Iraq. (AP Photo/Olga Shalygin, File) (credit:AP)