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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 »

...newly declassified memo by the Justice Department's Office of Legal Counsel mentions a secret briefing McCain and other members of Congress received sometime before Oct. 17, 2006. The memo says the lawmakers were told about six CIA interrogation techniques, including prolonged sleep deprivation...

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 »

...State Department has long characterized extended sleep deprivation by foreign countries as a form of torture, though Bradbury in his memo dismissed this fact as not providing "controlling evidence" on the issue of contemporary standards. The U.S. Army Field Manual, which regulates military interrogations, also prohibits extended sleep deprivation, but Bradbury dismissed this standard as failing to provide "dispositive evidence" of the government behavior...

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

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