Team Infidel
Forum Spin Doctor
Wall Street Journal
February 26, 2008
Pg. 13
By Jess Bravin
WASHINGTON -- A principal architect of the Bush administration's detainee policies is stepping down, just as military officials gear up for the Guantanamo Bay trial of alleged planners of the Sept. 11, 2001, conspiracy.
Since becoming Defense Department general counsel in 2001, William J. Haynes pushed the Pentagon toward a near-revolution in military law, away from traditional procedures for enemy prisoners and through a series of experiments in detention, interrogation and prosecution of suspected terrorists outside the Geneva Conventions or domestic law.
Teaming up with like-minded lawyers in the White House and the Justice Department, Mr. Haynes, a Harvard Law School graduate and former Army officer, formed the so-called war council that crafted the administration's legal response to the Sept. 11 attacks. Many of those policies, including establishment of the Guantanamo Bay prison, plans for military commission trials and detention of U.S. citizens as "enemy combatants," were new or hadn't been seen for decades.
The administration argued its changes were necessary to counter the threat of 21st-century terrorism, but Mr. Haynes's reputation suffered as harsh detention practices and aggressive legal positions -- including the argument that the president could set aside laws banning torture -- came to light.
In 2004, key Republicans, including Arizona Sen. John McCain, now his party's likely presidential nominee, joined with Democrats to derail Mr. Haynes's nomination to a federal appeals court, in large part over dissatisfaction with his role in detainee policies.
Mr. Haynes, 49 years old, couldn't be reached for comment yesterday. In a statement, Defense Secretary Robert Gates said Mr. Haynes had served "with distinction."
Pentagon spokesman Geoff Morrell said Mr. Haynes would be taking a position as in-house counsel at a major corporation after he steps down next month. Mr. Haynes's chief deputy, Daniel Dell'Orto, will serve as acting general counsel, Mr. Morrell said.
Mr. Morrell added that Mr. Gates "has worked closely with Dan over the last year or so, likes him a great deal and has full confidence in his abilities to take over and lead that office." Although he expects Mr. Dell'Orto to head the office for the remainder of the administration, Mr. Morrell said "it's unclear at this time if Dan will be nominated by the president" to formally take the job. A formal nomination would require Senate confirmation.
In any event, Mr. Morrell said, while Mr. Dell'Orto might bring "a stylistic change" in leadership from Mr. Haynes, "I would not expect there to be a dramatic difference in how the general counsel's office confronts the legal issues of our time." Mr. Haynes rarely spoke in public and even in private meetings, was known for keeping his views to himself.
Mr. Dell'Orto, a retired Army officer, is a career Pentagon employee, and has served as the principal deputy general counsel since 2000.
Mr. Haynes is a long-time confidant of Vice President Dick Cheney's chief of staff David Addington, who is credited with championing the Bush administration's expansive views of executive power. Mr. Haynes served as the Army's general counsel during the elder President Bush's administration, when Mr. Cheney was defense secretary and Mr. Addington the Pentagon general counsel.
February 26, 2008
Pg. 13
By Jess Bravin
WASHINGTON -- A principal architect of the Bush administration's detainee policies is stepping down, just as military officials gear up for the Guantanamo Bay trial of alleged planners of the Sept. 11, 2001, conspiracy.
Since becoming Defense Department general counsel in 2001, William J. Haynes pushed the Pentagon toward a near-revolution in military law, away from traditional procedures for enemy prisoners and through a series of experiments in detention, interrogation and prosecution of suspected terrorists outside the Geneva Conventions or domestic law.
Teaming up with like-minded lawyers in the White House and the Justice Department, Mr. Haynes, a Harvard Law School graduate and former Army officer, formed the so-called war council that crafted the administration's legal response to the Sept. 11 attacks. Many of those policies, including establishment of the Guantanamo Bay prison, plans for military commission trials and detention of U.S. citizens as "enemy combatants," were new or hadn't been seen for decades.
The administration argued its changes were necessary to counter the threat of 21st-century terrorism, but Mr. Haynes's reputation suffered as harsh detention practices and aggressive legal positions -- including the argument that the president could set aside laws banning torture -- came to light.
In 2004, key Republicans, including Arizona Sen. John McCain, now his party's likely presidential nominee, joined with Democrats to derail Mr. Haynes's nomination to a federal appeals court, in large part over dissatisfaction with his role in detainee policies.
Mr. Haynes, 49 years old, couldn't be reached for comment yesterday. In a statement, Defense Secretary Robert Gates said Mr. Haynes had served "with distinction."
Pentagon spokesman Geoff Morrell said Mr. Haynes would be taking a position as in-house counsel at a major corporation after he steps down next month. Mr. Haynes's chief deputy, Daniel Dell'Orto, will serve as acting general counsel, Mr. Morrell said.
Mr. Morrell added that Mr. Gates "has worked closely with Dan over the last year or so, likes him a great deal and has full confidence in his abilities to take over and lead that office." Although he expects Mr. Dell'Orto to head the office for the remainder of the administration, Mr. Morrell said "it's unclear at this time if Dan will be nominated by the president" to formally take the job. A formal nomination would require Senate confirmation.
In any event, Mr. Morrell said, while Mr. Dell'Orto might bring "a stylistic change" in leadership from Mr. Haynes, "I would not expect there to be a dramatic difference in how the general counsel's office confronts the legal issues of our time." Mr. Haynes rarely spoke in public and even in private meetings, was known for keeping his views to himself.
Mr. Dell'Orto, a retired Army officer, is a career Pentagon employee, and has served as the principal deputy general counsel since 2000.
Mr. Haynes is a long-time confidant of Vice President Dick Cheney's chief of staff David Addington, who is credited with championing the Bush administration's expansive views of executive power. Mr. Haynes served as the Army's general counsel during the elder President Bush's administration, when Mr. Cheney was defense secretary and Mr. Addington the Pentagon general counsel.