On October 7, 2003, the American Civil Liberties Union filed a Freedom of Information Act request for all documents related to post-9/11 detention and interrogation practices. The request was filed simultaneously with the Defense Department, the State Department, the Justice Department and the Central Intelligence Agency. By the following May, no response had been issued, so the ACLU filed a second request, and in June took the government to court in hopes of forcing it to comply. Three months later the ACLU prevailed, and by the end of 2004 the documents were beginning to flow. Since then, well over 130,000 pages have been released and posted to a searchable database on the ACLU website.
The database contains, of course, the now infamous “torture memos”: the arguments, crafted by George W. Bush’s closest legal advisers, that waterboarding and the like were neither torturous nor illegal—and that such considerations didn’t apply to US presidents (or indeed anyone else in government, so long as the infliction of pain was not provably his or her “specific intent”). But these were only a small handful of documents among thousands: interrogation and torture logs, prison administration memos, courtroom transcripts and minutes from policy meetings. Several such documents known to exist have still not been released: in regard to one, the government has argued that not only is its existence classified but so too is the font in which it may or may not be written. Other records have been destroyed, including at least ninety-two videos of CIA interrogations. Of the material that has been released, much has been significantly redacted.
Read the full review in The Nation