Well maybe its not
US AG Gonzales told Bush in January of 2002, the "new paradigm" for fighting the war on terror "renders obsolete Geneva's strict limitations". He recommended the president dump the Geneva Conventions because "prosecutors and independent counsels . . . may in the future decide to pursue unwarranted charges of war crimes."(5 ).
Martin Lederman a professor at Georgetown University Law Center and former adviser to the Office of Legal Counsel gave his opinion on the Bybee Memo a 2002 (the memo of January 22, 2002) opinion authored by the Justice Department's office of legal counsel said "the memo will be seen as one of the most extreme deviations from the rule of law and from the President's obligation to take care that the law is faithfully executed."(6 ).
The Bush Administration believed that the memos written by Office of Legal Counsel deputy John Yoo are a "golden shield" against prosecution. But the memos are legal opinions of lawyers and will not offer protection if something is blatantly wrong (7 ).
Navy general counsel Alberto Mora said the memo was a "dangerous document" that "spots some of the legal trees, but misses the constitutional forest. Because it identifies no boundaries to action - more, it alleges there are none - it is virtually useless as guidance.". The during the torture trial of some of Charles Taylor son Chucky Taylor Federal Judge Altonaga dismissed the memo as a means of defense against torture accusations (8 ).
Sen. Jay Rockefeller chairman of the Senate Intelligence Committee accused the Whitehouse of withholding documents that showed the Bush administration authorized the use of waterboarding and other tough interrogation techniques. This was in reaction to a report of two Whitehouse memos in 2003 and 2004 that gave the CIA written approval to torture al-Qaeda suspects (9 ).