Easing of Laws That Led to Detainee Abuse Hatched in Secret (Tom Lasseter)

WASHINGTON — The framework under which detainees were imprisoned for years without charges at Guantanamo and in many cases abused in Afghanistan wasn't the product of American military policy or the fault of a few rogue soldiers.

It was largely the work of five White House, Pentagon and Justice Department lawyers who, following the orders of President Bush and Vice President Dick Cheney, reinterpreted or tossed out the U.S. and international laws that govern the treatment of prisoners in wartime, according to former U.S. defense and Bush administration officials.

{xtypo_quote_left} As they viewed it, due process is legal mumbo jumbo," said Romig, who's now the dean of Washburn University's law school. "They wanted to get them, get the facts and convict them. ... If you're caught as a terrorist, you're presumed guilty and you have to prove you're innocent. It was crazy.  {/xtypo_quote_left}

The Supreme Court now has struck down many of their legal interpretations. It ruled last Thursday that preventing detainees from challenging their detention in federal courts was unconstitutional.

The quintet of lawyers, who called themselves the “War Council," drafted legal opinions that circumvented the military's code of justice, the federal court system and America's international treaties in order to prevent anyone — from soldiers on the ground to the president — from being held accountable for activities that at other times have been considered war crimes.

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