Trump transmits nomination of 2005 torture memo author Steven Bradbury to be Deputy Secretary of Transportation.

[mahatmakanejeeves]

Presidential Actions
Nominations Transmitted to the Senate

January 22, 2025

For Immediate Release January 22, 2025

NOMINATIONS SENT TO THE SENATE:

Michael Boren, of Idaho, to be Under Secretary of Agriculture for Natural Resources and Environment, vice Homer L. Wilkes, resigned.

Steven Bradbury, of Virginia, to be Deputy Secretary of Transportation, vice Polly Ellen Trottenberg, resigned.

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Steven G. Bradbury

Steven Gill Bradbury (born September 12, 1958) is an American lawyer and government official who served as the General Counsel of the United States Department of Transportation during the first Trump Administration.

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Career

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Torture memos
Main article: Torture memos

In May 2005, in response to requests from the CIA, Bradbury authored the "2005 Bradbury Memo" confirming that 13 so-called "enhanced interrogation techniques" did not constitute torture, including waterboarding, nudity, walling, stress positions, slapping or striking a prisoner, exposure to extreme temperatures, dousing with cold water, and forced sleep deprivation of up to 180 hours (7-1/2 days). A second memorandum, the "Combined Techniques Memo" found that the techniques did not constitute torture, even when used in combination.  Bradbury's memoranda found the CIA's practices to be lawful if applied in accordance with specified conditions. Later in May, Bradbury signed a third memo, the "Article 16 Memo", which contained the opinion that the CIA's use of these techniques did not violate the Article 16 of the United Nations Convention against Torture, which forbids "other acts of cruel, inhuman or degrading treatment or punishment which do not amount to torture".  These memoranda were described by Democrats as an attempt to sidestep anti-torture laws and subvert a 2004 public Justice Department legal opinion characterizing torture as "abhorrent". The Obama Administration released these memoranda on April 16, 2009.

In April 2006, Bradbury issued a "Memorandum for the Files" approving Appendix M of the 2006 Army Field Manual for interrogations.

In response to the 2006 Supreme Court decision Hamdan v. Rumsfeld, Bradbury described sections of Common Article 3 of the Geneva Conventions as "hopelessly vague", singling out its ban on "outrages upon person dignity, in particular, humiliating and degrading treatment"[56] and arguing that military tribunals should admit evidence obtained via torture.

In July 2007, Bradbury issued the "2007 Bradbury Memo" addressing the legality of a subset of interrogation techniques in light of Hamdan and other developments, including intervening legislation such as the Military Commissions Act of 2006 and the December 2005 Detainee Treatment Act. The 2007 memo provided legal authorization and OLC approval for a more limited set of actions for use when interrogating high-value detainees. This approval encompassed six listed techniques, including temporary food deprivation (no less than 1,000 calories/day), sleep deprivation by being forced to hold a "standing position for as many as four days", and several types of physical striking.

In February 2008, Bradbury testified before a subcommittee of the House Judiciary Committee about the legality of waterboarding and other torture techniques. During questioning, Bradbury stated that the administration did not deem techniques to be torture unless they inflicted pain that was both severe and long-lasting. This testimony was criticized by numerous civil liberties advocates and legal scholars. Bradbury did not offer an opinion if waterboarding was illegal under the Detainee Treatment Act or the Military Commissions Act of 2006, but stated that these laws "would make it much more difficult to conclude that the practice was lawful today".

Near the end of the Bush Administration, Bradbury signed two memoranda for the files; these said that, during his tenure OLC had determined that certain legal propositions, previously stated in ten OLC opinions issued between 2001 and 2003 concerning executive power in the War on Terror, no longer reflected the views of OLC and "should not be treated as authoritative for any purpose". In addition, his memo said that some of the underlying opinions had been withdrawn or superseded and that "caution should be exercised" by the Executive Branch "before relying in other respects" on the other opinions that had not been superseded or withdrawn.

On April 15, 2009, Bradbury's successor, Acting Assistant Attorney General David J. Barron withdrew four OLC memoranda pertaining to CIA interrogations, including three signed by Bradbury.

A 2009 report from the Justice Department's Office of Professional Responsibility cited "serious concerns about some of his analysis" but noted that "these issues did not rise to the level of professional misconduct."  The OPR noted that other Bush administration lawyers "found Bradbury's reasoning flawed, politically motivated and simply wrong" and that Bradbury's memos amounted to "legal rationalizations" that "were simply written with the goal of allowing the CIA torture program to continue."

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Heritage Foundation
In December 2022, The Heritage Foundation announced that Bradbury would be joining as a distinguished fellow who would be working on their "2025 Presidential Transition Project". Bradbury is credited with writing the chapter of Project 2025's publication Mandate for Leadership pertaining to the Department of Transportation, and has served as an instructor for their Presidential Administration Academy. Politico reported that Bradbury's involvement with Project 2025 was seen as controversial due to his opinions authorizing detainee torture. Bradbury also contributed to policy proposals that would curtail the independence of the FBI and Justice Department.

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[tonkatoy8888]

1. I know this is just another MAGA sinecure,

but my first thought was, "oh boy, truck and bus drivers can now water board deportees on the way to the detention center". No need to wait for arrival at the center, just hog tie and waterboard them on the way. That's REAL government efficiency.

[travelingthrulife]

2. Doesn't he know any normal people?