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...contention by McCain and others that private discussions were misrepresented are important because they call into question the legal conclusions that allowed harsh interrogation in late 2007. The CIA account of the congressional briefing was used by Bradbury to argue that prolonged sleep deprivation did not "shock the conscience," a legal standard based on the Constitution's Fifth Amendment right to due process. While "not conclusive on the Constitutional question," Bradbury argued that the lack of objections from members of Congress following the classified briefing contributed to providing "a relevant measure of contemporary standards." If Bradbury had concluded that extended...

Author: /time Magazine | Title: McCain Denies Giving O.K. to a CIA Torture Tactic | 8/31/2009 | See Source »

...memo recounts McCain's reaction this way: "[S]everal Members of Congress, including the full memberships of the House and Senate Intelligence Committees and Senator McCain, were briefed by General Michael Hayden, Director of the CIA, on the six techniques that we discuss herein," writes Steven G. Bradbury, a deputy assistant attorney general in the July 20, 2007, memo, which cites a CIA summary of the discussions. "In those classified and private conversations, none of the Members expressed the view that the CIA detention and interrogation program should be stopped, or that the techniques at issue were inappropriate." (See TIME...

Author: /time Magazine | Title: McCain Denies Giving O.K. to a CIA Torture Tactic | 8/31/2009 | See Source »

...spokeswoman for McCain said that contrary to those claims, the Arizona Republican repeatedly raised objections in private meetings, including one with Hayden, about the use of sleep deprivation as an interrogation technique. "Senator McCain clearly made the case that he was opposed to unduly coercive techniques, especially when used in combination or taken too far - including sleep deprivation," says Brooke Buchanan, a spokeswoman for McCain...

Author: /time Magazine | Title: McCain Denies Giving O.K. to a CIA Torture Tactic | 8/31/2009 | See Source »

...aide to McCain said that in meetings with Hayden and others, McCain raised the story of Orson Swindle, a friend of McCain's who suffered forced sleep deprivation through stress positions as a captive of the North Vietnamese. During his last presidential campaign, McCain repeatedly spoke publicly of prolonged sleep deprivation as a form of torture...

Author: /time Magazine | Title: McCain Denies Giving O.K. to a CIA Torture Tactic | 8/31/2009 | See Source »

...official says Hayden had one short meeting with McCain, in the Senate cloakroom, but doesn't recall the details of that discussion. But, the official adds, "Hayden has never claimed that the committees told him, "You're good to go, no problem." A CIA spokesperson declined to comment on the dispute...

Author: /time Magazine | Title: McCain Denies Giving O.K. to a CIA Torture Tactic | 8/31/2009 | See Source »

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