"In the March 14, 2003 memo, Yoo says the Constitution was not in play with regard to the interrogations because the Fifth Amendment (which provides for due process of law) and the Eighth Amendment (which prevents the government from employing cruel and usual punishment) does "not extend to alien enemy combatants held abroad.": The memo goes on to explain that federal criminal statutes regarding assault and other crimes against the body don't apply to authorized military interrogations overseas and that statutes that do apply to the conduct of U.S. officials abroad pertaining to war crimes and torture establish a limited obligation on the part of interrogators to refrain from bodily harm."

1. u.s. Department 'of Justice
Office of Legal Counsel
Office of the Deputy Assistant Attorney General Washington. D.C. 20530
March 14,2003 .
Memorandum for William J. Haynes IT,
General Counsel of the Department of Defense
Re: Military Interrogation ofAlien Unlawful Combatants Held Outside the United States
You have asked our Office to' examine the legal standards governing military
interrogations of alien unlawful combatants held outside the United States. You have requested
that we examine both· domestic and international law that might be applicable to the conduct of
those interrogations. l .
In Part I, we conclude that the Fifth an