A set of legal memoranda known as the “Torture Memos” (officially the Memorandum Regarding Military Interrogation of Alien Unlawful Combatants Held Outside The United States) were drafted by John Yoo as Deputy Assistant Attorney General of the United States and signed in August 2002 by Assistant Attorney General Jay S. Bybee, head of the Office of Legal Counsel of the United States Department of Justice. They advised the Central Intelligence Agency, the United States Department of Defense, and the President on the use of enhanced interrogation techniques—mental and physical torment and coercion such as prolonged sleep deprivation, binding in stress positions, and waterboarding—and stated that such acts, widely regarded as torture, might be legally permissible under an expansive interpretation of presidential authority during the “War on Terror”.

Following accounts of the Abu Ghraib torture and prisoner abuse scandal in Iraq, one of the memos was leaked to the press in June 2004. Jack Goldsmith, then head of the Office of Legal Counsel, had already withdrawn the Yoo memos and advised agencies not to rely on them. After Goldsmith was forced to resign because of his objections, Attorney General Ashcroft issued a one paragraph opinion re-authorizing the use of torture. Then in December 2004, another head of OLC reaffirmed the original legal opinions.