After exploiting "phobias" or dripping water "to induce the misperception of drowning,": rendition is a per se violation of the U.S. Torture Statute

Newsweek: " Exclusive: Secret Memo—Send to Be Tortured | Aug. 8, 2005 issue -

An FBI agent warned superiors in a memo three years ago that U.S. officials who discussed plans to ship terror suspects to foreign nations that practice torture could be prosecuted for conspiring to violate U.S. law, according to a copy of the memo obtained by NEWSWEEK. The strongly worded memo, written by an FBI supervisor then assigned to Guantanamo, is the latest in a series of documents that have recently surfaced reflecting unease among some government lawyers and FBI agents over tactics being used in the war on terror. This memo appears to be the first that directly questions the legal premises of the Bush administration policy of "extraordinary rendition"—a secret program under which terror suspects are transferred to foreign countries that have been widely criticized for practicing torture.

In a memo forwarded to a senior FBI lawyer on Nov. 27, 2002, a supervisory special agent from the bureau's behavioral analysis unit offered a legal analysis of interrogation techniques that had been approved by Pentagon officials for use against a high-value Qaeda detainee. After objecting to techniques such as exploiting "phobias" like "the fear of dogs" or dripping water "to induce the misperception of drowning," the agent discussed a plan to send the detainee to Jordan, Egypt or an unspecified third country for interrogation. "In as much as the intent of this category is to utilize, outside the U.S., interrogation techniques which would violate [U.S. law] if committed in the U.S., it is a per se violation of the U.S. Torture Statute," the agent wrote. "Discussing any plan which includes this category could be seen as a con-spiracy to violate [the Torture Statute]" and "would inculpate" everyone involved.