CIA (CONT)

would be considered a war crime. He said this standard was consistent with how international war crimes tribunals have interpreted the treaty.

But in an interview yesterday, Turner, who is now a University of Virginia law professor, said the Justice Department was "playing games," and called its explanation "a con." He said "the only reasonable interpretation of that language is that if your purpose in doing this is not to humiliate and degrade the guy, then that clause doesn't apply."

Turner's vehement criticism is particularly significant because he has been a rare and outspoken defender of the Bush administration in other controversies related to presidential power and the war on terrorism. Turner has repeatedly testified before Congress that Bush's signing statements and his warrantless wiretapping program are lawful and appropriate, for example.

The current dispute grew out of a June 2006 Supreme Court ruling that the Geneva Conventions apply to the war on terrorism. The court rejected Bush's declaration after the terrorist attacks of Sept. 11, 2001, that suspected Al Qaeda and Taliban prisoners are not protected by the war-crimes treaties.

After the ruling, Congress passed a law requiring that Bush issue a public order detailing his interrogation policy. That led to Bush's July 20 executive order.

The Bush administration legal team had previously invoked a similar "intent" loophole to give legal cover to harsh interrogations. In a once-secret Aug. 1, 2002, Justice Department memo about an antitorture law, the administration legal team said interrogators could avoid violating anti-torture laws if they said their motivation was protecting national security.

"Even if the [interrogator] knows that severe pain will result from his actions, if causing such harm is not his objective, he lacks the requisite specific intent," the 2002 memo read.

The memo was leaked after the Abu Ghraib torture scandal in 2004 and sparked an outcry over its permissive attitude toward torture.

It was subsequently withdrawn by the Justice Department.

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