The March 2003 memo, penned by a team of administration lawyers, says executive branch officials could be immune from domestic and international torture prohibitions if military personnel believed they were acting on orders from superiors. The January 2002 memo said the Geneva conventions didn’t apply to detainees from the Afghanistan war. Tonight we pick apart the memos and the arguments they make — and what they say about executive culpability for torture at Abu Ghraib.

Guests:

Walter Dellinger, head of the appellate practice at O’Melveny & Myers LLP, Duke University law professor, acting Solicitor General for the 1996-97 Term of the Supreme Court, assistant attorney general and head of the Office of Legal Counsel, 1993-1996

Donald Gregg, national security adviser to George H. W. Bush, 1982-1988, ambassador to Korea, 1989-1993, chairman, the Korea Society

Tom Malinowski, advocacy director at Human Rights Watch