Steven G. Bradbury
Steven G. Bradbury is an American lawyer and from 2005-2009 was acting director of the Office of Legal Counsel (OLC) in the Department of Justice during George W. Bush's second term. During his tenure at the OLC, he authored a number of classified legal opinions authorizing the use of so-called "enhanced interrogation techniques", which are frequently described as torture. Bradbury was nominated to head the OLC but individual Democratic Senators put holds on his nomination, preventing the full Senate from voting on it, and Democratic leaders in the Senate instituted pro forma sessions of the Senate during scheduled recesses to prevent the President from giving him a recess appointment. Bradbury continued to serve as the acting chief of OLC until the end of the Bush Administration on January 20, 2009. He is currently a partner at the Washington, D.C office of Dechert LLP.
Early life and education
Bradbury was born in 1958 in Portland, Oregon, the youngest of four children. His father died when he was 11 months old, and his mother raised him by working nights and taking in laundry to supplement their Social Security income. He attended Washington High School in Portland from 1972 to 1976 where he was student body president his senior year. Bradbury was the first in his family to graduate from college, earning a B.A. from Stanford University in 1980 with a major in English.
After working in publishing and as a legal assistant in New York in the early 1980s, Bradbury returned to university for graduate school. He graduated from the University of Michigan Law School, where he received his J.D., magna cum laude, in 1988. He was Article Editor for the Michigan Law Review and Order of the Coif.
From 1988 to 1990, Bradbury worked as an associate at Covington & Burling in Washington, D.C. In 1990-1991, he served as a law clerk to Judge James L. Buckley on the U.S. Court of Appeals for the D.C. Circuit. After working as an Attorney-Adviser in the Office of Legal Counsel, 1991-1992, he served as a law clerk to Justice Clarence Thomas on the Supreme Court of the United States, 1992-1993.
Following his clerkship for Justice Thomas, Bradbury practiced law with Kirkland & Ellis in Washington, D.C., first as an associate from 1993 to 1994 and then as a partner from 1994 to 2004. In 1998, Bradbury was named one of the top 40 lawyers under 40 by Washingtonian magazine. In his law practice at Kirkland & Ellis, he focused on antitrust (both mergers and litigation), securities law (including both class action litigation and regulatory investigations), and various other regulatory, constitutional, and commercial litigation matters, both at the trial and appellate levels.
Office of Legal Counsel
Bradbury was appointed Principal Deputy Assistant Attorney General for OLC in April 2004, and became the Acting Assistant Attorney General in 2005. He was nominated by President George W. Bush to be the Assistant Attorney General for OLC in June 2005. His nomination was approved by the Senate Judiciary Committee in November 2005 but was never voted on by the full Senate, due to a number of Senate holds placed by Democratic congresspersons. Their resistance was due in part to his memoranda concerning the use of torture during the War on Terror and due to "unanswered questions about Mr. Bradbury’s role in" NSA warrantless surveillance programs.
Bradbury authored numerous significant legal opinions for OLC, many of which are published on OLC’s Web site. Among these opinions was one issued in August 2004 in which Bradbury concluded that the Second Amendment to the U.S. Constitution secures an individual right to keep and bear arms. The reasoning of this opinion was later adopted by the Supreme Court of the United States in District of Columbia v. Heller.
Bradbury received a number of awards and honors while at OLC, including the Edmund J. Randolph Award for outstanding service to the Department of Justice, the Secretary of Defense Medal for Outstanding Public Service, the National Security Agency’s Intelligence Under Law Award, the Director of National Intelligence’s Intelligence Community Legal Award, and the Criminal Division’s Award for Outstanding Law Enforcement Partnerships.
Memoranda concerning the War on Terror
In May 2005, in response to requests from CIA lawyers, Bradbury authored several memoranda that confirmed that so-called "enhanced interrogation techniques" did not constitute torture, including waterboarding, walling, stress positions, striking a prisoner, exposure to extreme temperatures, and forced sleep deprivation of up to 180 hours (7½ days). These memoranda found the CIA's practices to be lawful if applied in accordance with specified conditions, limitations, and safeguards, including those set forth in the agency’s interrogation procedures. Bradbury's 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". These memoranda were publicly released by the Obama Administration on April 16, 2009. In response to the 2006 Supreme Court decision Hamdan v. Rumsfeld, Bradbury described the Geneva Conventions' prohibition of torture as "vague" and argued that military tribunals should admit evidence obtained during coercive interrogations.
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.
Notwithstanding this partial rejection of earlier OLC memos, in August 2009, the DOJ released an additional memo authored by Steven Bradbury dated July 2007. This memo purported to address new developments, including intervening legislation such as the Military Commissions Act of 2006 and the December 2005 Detainee Treatment Act. In response to this and other new legislation, the 2007 memo provided legal authorization and OLC approval for six listed methods of interrogation, including temporary food deprivation (no less than 1,000 kcal/day), sleep deprivation by being forced to hold a "standing position for as many as four days", and several types of physical striking.
Following his term in OLC, Bradbury returned to private practice as a partner at Dechert LLP in Washington, D.C., where he specializes in antitrust, securities litigation, general commercial litigation, and appellate matters.
- Shenon, Philip; Lichtblau, Eric (2008-01-24). "Justice Nomination Seen as Snub to Democrats". The New York Times. Retrieved 2015-12-28.
- "Webb opens, closes vacant Senate session". CNN. December 26, 2007.
- Miller, Greg; Schmitt, Richard B. (2007-10-06). "CIA doesn't use torture, Bush says". Los Angeles Times. Retrieved 2016-07-10.
- "Steven G. Bradbury". Dechert. n.d. Retrieved 2015-12-26.
- Passarella, Gina (2009-07-13). "DOJ Lawyer Who Argued Legality of Waterboarding Scores BigLaw Partnership". The Legal Intelligencer. Retrieved 2015-12-28. (registration required (. ))
- Shane, Scott; Johnston, David; Risen, Jasmes (2007-10-04). "Secret U.S. Endorsement of Severe Interrogations". The New York Times. Retrieved 2015-12-26.
- Duin, Steve (April 24, 2008). "Once upon a time at WaHi". The Oregonian. Retrieved March 24, 2010.[dead link]
- Washingtonian (Sept. 1998), pp. 120-21.
- Khanna, Satyam (2007-10-16). "Durbin, Feingold, Kennedy Demand Bush Withdraw Nominee For DOJ Office Of Legal Counsel". ThinkProgress. Retrieved 2015-12-26.
- Office of Legal Counsel. "Memoranda and Opinions". United States Department of Justice. Archived from the original on 2009-04-22.
- Steven G. Bradbury; Howard C. Nielson, Jr.; C. Kevin Marshall (2004-08-24). "WHETHER THE SECOND AMENDMENT SECURES AN INDIVIDUAL RIGHT: MEMORANDUM OPINION FOR THE ATTORNEY GENERAL" (PDF). Office of Legal Counsel. Archived from the original (PDF) on 2009-04-22.
- See 554 U.S. 570, 128 S. Ct. 2753 (2008). A review of the opinion for the Court in Heller reveals that it closely tracks the August 2004 OLC opinion in both the structure and substance of its legal analysis.[according to whom?] The OLC opinion featured prominently in the amicus brief filed by the United States in Heller.
- "Justice for Gays". The Washington Post. 2008-07-05. Retrieved 2015-12-27.
- Mark Mazzetti; Scott Shane (April 16, 2009). "Interrogation Memos Detail Harsh Tactics by the C.I.A.". The New York Times. Retrieved April 17, 2009.
- Mark Benjamin. "Waterboarding for dummies".
Principal Deputy Assistant Attorney General Steven Bradbury wrote in a May 10, 2005, memo authorizing continued use of waterboarding
- Bradbury, Steven G. (May 10, 2005). "Memorandum for John Rizzo" (PDF). ACLU. Retrieved October 24, 2011.
- Bradbury, Steven G. (May 10, 2005). "Memorandum for John Rizzo" (PDF). ACLU. Retrieved October 24, 2011.
- Bradbury, Steven G. (May 30, 2005). "Memorandum for John Rizzo" (PDF). ACLU. Retrieved October 24, 2011.
- Diamond, John; Biskupic, Joan (2006-07-11). "Geneva Conventions cover Gitmo detainees". USA Today. Retrieved 2015-12-28.
- Zernike, Kate (2006-07-13). "White House Prods Congress to Curb Detainee Rights". The New York Times. Retrieved 2016-07-10.
- "Department of Justice Releases Nine Office of Legal Counsel Memoranda and Opinions". United States Department of Justice. 2009-03-09. Archived from the original on 2009-04-22.
- "Office of Legal Counsel Memoranda". United States Department of Justice. Archived from the original on 2009-04-22.
- Steven G. Bradbury (2009-09-03). "MEMORANDUM FOR JOHN A. RIZZO ACTING GENERAL COUNSEL, CENTRAL INTELLIGENCE AGENCY Re: Application of the War Crimes Act, the Detainee Treatment Act, and Common Article 3 of the Geneva Conventions to Certain Techniques that May Be Used by the CIA in the Interrogation of High Value al Qaeda Detainees" (PDF). United States Department of Justice.
- Eviatar, Daphne (2009-08-27). "Memos Suggest Legal Cherry-Picking in Justifying Torture: DOJ Lawyers' Analysis Changed Little Despite New Legal Backdrop". Washington Independent. Archived from the original on 2009-08-29. Retrieved 2015-12-28.
- Barron, David J. (2009-04-15). "WITHDRAWAL OF OFFICE OF LEGAL COUNSEL CIA INTERROGATION OPINIONS" (PDF). washingtonpost.com. Office of Legal Counsel. Retrieved 2016-07-10.
Four previous opinions of the Office of Legal Counsel concerning interrogations by the Central Intelligence Agency are withdrawn and no longer represent the views of the Office.
- Miller, Greg; Meyer, Josh (2009-04-17). "Obama assures intelligence officials they won't be prosecuted over interrogations". Los Angeles Times. Retrieved 2016-07-10.
- Bradbury, Steven G. (2013-07-22). "NSA phone collection efforts shouldn't be constrained". Washington Post. Retrieved 2016-07-10.