The Haynes Nomination

Human Rights First has serious concerns about the nomination of General Counsel of the Department of Defense (DOD) William Haynes to the United States Court of Appeals for the Fourth Circuit. Human Rights First is urging the U.S. Senate to closely examine his record and public statements. As General Counsel of the DOD, Mr. Haynes helped to formulate policies governing detainee interrogation and detention that violated U.S. and international law.

HRF Statement on the nomination of William Haynes

Military Leaders' Letter (PDF -36KB)

More than Twenty retired generals, admirals and other U.S. military leaders signed a letter to Senators Arlen Spector (R-PA) and Patrick Leahy (D-VT) expressing concerns over the nomination of William Haynes to the federal bench. "What compels us to take this unusual step is our profound concern about the role Mr. Haynes played in establishing – over the objections of uniformed military lawyers – detention and interrogation policies in Iraq, Afghanistan, and Guantanamo which led not only to the abuse of detainees in U.S. custody but to a dangerous abrogation of the military’s long-standing commitment to the rule of law," the letter says.

William J. Haynes' Recommended Interrogation Techniques (PDF - 779KB)

In these recommendations, Haynes advised that detainees at Guantanamo could be subjected to abusive interrogation techniques, including stripping them naked, depriving them of light, forcing them into stress positions, forcibly shaving them, and using dogs to intimidate them. He also advised that using wet towels and dripping water to make the detainees believe they are suffocating (waterboarding) and threatening them and their families with death might be “legally available” options.

Navy General Counsel Memo to Haynes (PDF - 1.3MB)

In this document former General Counsel of the Navy Alberto Mora reports to the Navy's Inspector General how he repeatedly warned Haynes of the illegality of the interrogation techniques but was ignored.

April 4, 2003: DoD Working Group Report on Detainee Interrogations (PDF-6 MB)

In this report, military and civilian lawyers adopt earlier government memos' improper and incorrect analysis of laws on interrogation and recommend 35 interrogation techniques under the guidance of Mr. Haynes

February-March 2003: Military JAG Memos on Working Group Report (PDF - 87KB)

In these six memorandums, military lawyers question the legal analysis supporting coercive interrogation methods and unlimited presidential powers.

The Real Law on Torture (PDF - 60KB)

Human Rights First provides a blow by blow criticism of the flawed and dangerous reasoning of the working group report, the findings of which Haynes endorsed and recommended to Rumsfeld