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. The Supreme Court now has struck down many of their legal interpretations. 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 being held accountable for activities that at other times have been considered war crimes. The international conventions ... to which [the US is] a party, were abandoned in secret meetings among the five men in one another's offices: ... David Addington, the ... longtime legal adviser and now chief of staff to Cheney [whose] primary motive, according to several former administration and defense officials, was to push for an expansion of presidential power that Congress or the courts couldn't check; Alberto Gonzales, first the White House counsel and then the attorney general; William J. Haynes II, the former Pentagon general counsel; former Justice Department lawyer John Yoo, [and] Timothy E. Flanigan, a former deputy to Gonzales.
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