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Living the Policy Process$
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Philip B. Heymann

Print publication date: 2008

Print ISBN-13: 9780195335385

Published to Oxford Scholarship Online: October 2011

DOI: 10.1093/acprof:oso/9780195335385.001.0001

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Weighing Intangibles, Questioning Assumptions

Weighing Intangibles, Questioning Assumptions

(p.308) 15 Weighing Intangibles, Questioning Assumptions
Living the Policy Process

Philip B. Heymann

Oxford University Press

This chapter examines what effort was made to identify all important classes of consequences and then to predict and assess them. It begins with the overall government choice and, after that, looks specifically at the decision by the Office of Legal Counsel (OLC). Nowhere in the process leading up to the Bybee memo, nor in the series of discussions after that, does anyone seem to have carefully considered the categories of cost, or the doubts about benefits, associated with the decision the White House seems to have wanted. On October 5, 2005, the Senate voted on John McCain's amendment to a military spending bill, which would prohibit cruel, inhuman, or degrading treatment of detainees in US custody anywhere in the world.

Keywords:   government, Office of Legal Counsel, Bybee memo, John McCain, detainees, consequences

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