LEGAL MEMOS
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The document is a monograph written by the U.S. Department of Justice's Counterterrorism Section on the fundamental principles governing extraterritorial prosecutions, including jurisdiction, venue, and procedural rights. The monograph includes information on which procedural guarantees of the United States Constitution may apply to possible subjects.
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The document is a memorandum regarding potentially relevant federal criminal statutes, including jurisdictional statutes and substantive statutes.
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This memorandum from Assistant Attorney General John Bybee to John Rizzo provides the Office of the Assistant Attorney General's view on whether certain proposed conduct during the interrogation of al Qaeda Operative Abu Zubaydah would violate the U.S. prohibition against torture.
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This memorandum from Steven Bradbury to John Rizzo examines whether certain interrogation techniques can be used in the interrogation of high value al-Qaeda detainees. The memorandum concludes that none of these specific techniques, considered individually, would violate US law.
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This memorandum from Steven Bradbury to John Rizzo analyzes whether certain enhanced interrogation techniques used by the CIA in the interrogation of high value al Qaeda detainees would violate US law under Article 16. The memorandum concludes that subject to limitations and medical safeguards, the US would not violate its obligations under Article 16 by using these techniques.
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This legal memorandum from Steven Bradbury to John Rizzo analyzes whether particular conditions of detention at certain CIA facilities overseas are consistent with the Detainee Treatment Act of 2005. The memorandum concludes that conditions at issue are consistent with the requirements of the Detainee Treatment Act.
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This legal memorandum from Steven Bradbury to John Rizzo examines the 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 to interrogate high value al-Qaeda detainees. The memorandum concludes that the CIA's six proposed interrogation techniques would comply with the Detainee Treatment Act and War Crimes Act and that Common Article 3 permits the CIA to proceed with the proposed interrogation program.
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This legal memorandum from John Yoo to Alberto Gonzales addresses treaties and laws applicable to the conflict in Afghanistan and the treatment of persons captured by U.S. armed forces. The memorandum concludes that these treaties do not protect members of al-Qaeda or the Taliban militia. The memorandum takes no view on whether the President should decide that the U.S. armed forces should adhere to standards of conduct in Afghanistan, particularly with respect to the treatment of prisoners.
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This National Security Council memo discusses the use of the CIA's proposed EITs in the interrogation of high-value al Qaeda detainees. The memo divides the proposed EITs into two categories, "conditioning" and "corrective" and concludes that these techniques are consistent with the McCain Amendment.
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This OLC summary contains advice to the Counsel to President, CIA, and DOD on the use and legality of interrogation techniques in the war against terrorism.
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This National Security Council memo summarizes the OLC's three May 2005 opinions for the CIA on the legality of its interrogation techniques.
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This memo discusses and summarizes the OLC opinions issued in 2002 and 2003 about the legal standards for interrogations of detainees.
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Army PowerPoint presentation on the flow of detanees once captured on the field of battle.
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This memo concerns the legal investigation and determination by the Air Force Office of Special Investigations following the discovery of photos depicting detainees bound, hooded and apparently abused while in custody. The photos were discovered when an Air National Guardsman placed photos in for developing and the pics were seen by the developers at the base. The Sergeant admitted taking the pics. Photos redacted.
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Memorandum referring to joint comments on draft OLC memorandum; all other contents redacted.
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Draft FBI memo divided into sections headed "Guantanamo" "Iraq" and "Afghanistan", with an additional section headed "Unknown Location." Memo also includes a redacted log of listings with "Date" and "Event" columns that include the words "Referral/Direct."
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Legal Analysis of Interrogation Techniques. Contents redacted.
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An OLC memo from John Yoo to John Rizzo regarding "what is necessary to establish the crime of torture." The memo states that an individual must act with the "specific intent" to inflict severe mental pain or suffering to have committed torture, and that "specific intent" can be negated by a showing of "good faith," including evidence of efforts to determine the long-term impact of conduct. [The redacted name at the end of the memo is "Jennifer Koester," which we know from a separately released version of the memo - ACLU-RDI 4575.] [OLC Vaughn Index #1]
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This document (identical to ACLU-RDI 4590, 4592, and 4593) is an undated draft memo from the OLC analyzing whether the CIA interrogation program would violate Article 16 of the Convention Against Torture. The document argues that they do not violate U.S. obligations because the interrogations take place outside of the jurisdiction of the United States. It also concludes that even if the Convention did apply, the CIA interrogation program does not "shock the conscience," and therefore would not violate the CAT. The document states that the interrogation techniques are not "beyond the pale" because SERE techniques are used on U.S. troops during training. [OLC Vaughn Index #112]
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This document (identical to ACLU-RDI 4589, 4592, and 4593) is an undated draft memo from the OLC analyzing whether the CIA interrogation program would violate Article 16 of the Convention Against Torture. The document argues that they do not violate U.S. obligations because the interrogations take place outside of the jurisdiction of the United States. It also concludes that even if the Convention did apply, the CIA interrogation program does not "shock the conscience," and therefore would not violate the CAT. The document states that the interrogation techniques are not "beyond the pale" because SERE techniques are used on U.S. troops during training. [OLC Vaughn Index #113]
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This document (identical to ACLU-RDI 4589, 4590, and 4593) is an undated draft memo from the OLC analyzing whether the CIA interrogation program would violate Article 16 of the Convention Against Torture. The document argues that they do not violate U.S. obligations because the interrogations take place outside of the jurisdiction of the United States. It also concludes that even if the Convention did apply, the CIA interrogation program does not "shock the conscience," and therefore would not violate the CAT. The document states that the interrogation techniques are not "beyond the pale" because SERE techniques are used on U.S. troops during training. [OLC Vaughn Index #134]
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This document (identical to ACLU-RDI 4589, 4590, and 4592) is an undated draft memo from the OLC analyzing whether the CIA interrogation program would violate Article 16 of the Convention Against Torture. The document argues that they do not violate U.S. obligations because the interrogations take place outside of the jurisdiction of the United States. It also concludes that even if the Convention did apply, the CIA interrogation program does not "shock the conscience," and therefore would not violate the CAT. The document states that the interrogation techniques are not "beyond the pale" because SERE techniques are used on U.S. troops during training. [OLC Vaughn Index #136]
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This draft memo addresses the application of the Geneva Conventions to the conflicts with al Qaeda and the Taliban, in Afghanistan and in Iraq. The memo primarily analyzes which prisoners qualify as prisoners of war. The document concludes that al Qaeda members and the Taliban do not qualify, while people captured in Iraq "before the end of occupation (June 28, 2004)" do. [OLC Vaughn Index #137]
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This document is an undated draft memorandum analyzing whether the McCain Amendment would prevent the CIA from using its "enhanced interrogation techniques." The memo concludes that the McCain Amendment would not do so because (1) the program is not arbitrary, and (2) the program does not "shock the conscience." The analysis relies in part on the use of similar techniques in SERE training. [OLC Vaughn Index #138]
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An undated CIA memo arguing that the CIA's interrogation program does not violate the Convention Against Torture, 18 U.S.C. §§ 2340-2340A, or 18 U.S.C. § 2441. Part of the memo relies upon the contention that so long as interrogators act with a good-faith belief that they will not cause "severe physical or mental pain or suffering," they do not violate these principles. According to the memo: "A good faith belief need not be a reasonable belief; it need only be an honest belief." [OLC Vaughn Index #151]
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Summary of OLC legal advice to the Counsel to the President, the CIA, and the DoD regarding the CIA's and DoD's interrogation programs. [OLC Vaughn Index # 159]
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An undated draft memo analyzing whether the CIA's detention and interrogation program violates the Convention Against Torture, and concluding that it does not. The memo acknowledges that it is a "close question," but concludes that, because the interrogations are applied to only a select number of detainees and always in conformity with medical safeguards, the interrogations do not shock the conscience. The memo states that "given the vague nature of the shocks-the-conscience test and the lack of precedent in this context, we cannot predict with confidence whether a court would agree with our analysis."
This memo is a lengthier version of a similar memo produced by the government (see the related documents linked on the right). [OLC Vaughn Index #163]
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An OLC summary of three OLC opinions issued to the CIA in May 2005 regarding the legality of the CIA's interrogation program. Those three opinions are listed as "Related Documents." [OLC Vaughn Index # 164]
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This undated draft OLC memo summarizes OLC opinions regarding interrogation of detainees. Much of it is similar to the other OLC memos concerning the CIA's interrogation program, with several exceptions. For example, on page 2, the memo notes disagreement with the Inspector General and the CIA's Office of General Counsel "about whether OLC endorsed a set of bullet points that OGC produced in the spring of 2003, summarizing legal principles that were said to apply to interrogations of detained terrorists outside of the United States." The memo also denies that the Attorney General "approved 'expanded use of the techniques.'" Rather, it states, "the Attorney General did approve the use of approved techniques on detainees other than Abu Zubaydah, but the techniques were not otherwise 'expanded' in any way." The memo also states that "we expect demands for the release of OLC opinions that have not become public. The Department believes that these opinions should remain confidential." [OLC Vaughn Index #174]
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This September 25, 2009 OLC memo from John Yoo finds that in response to the 9/11 terrorist attacks, the President has the constitutional power to 1) retaliate against any person, organization, or state suspected of involvement in these attacks as well as foreign states suspected of harboring or supporting such organizations and 2) deploy military force against terrorist organizations or foreign states suspected of harboring or supporting them, whether or not they can be specifically linked to the 9/11 terrorist attacks.
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The memo discusses whether a change to the FISA law would render it unconstitutional under the Fourth Amendment. Specifically it considers and concludes that changing the law from requiring that foreign intelligence gathering be “the purpose” to “a purpose” would not violate the Fourth Amendment. Apparently, the memo is criticized and partly repudiated in Steven Bradbury’s 1/15/09 memo relating to the status of certain OLC opinions.
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This memo considers the use of military force to prevent or deter terrorist activity domestically and concludes that, “the President has both constitutional and statutory authority to use the armed forces in military operations, against terrorists, within the United States. We believe that these operations generally would not be subject to the constraints of the Fourth Amendment . . . .” The memo is criticized and partly repudiated in Steven Bradbury’s 10/6/08 memo.
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A memo from John Yoo to John Bellinger analyzing whether the President may suspend certain articles of the ABM treaty. The concludes that in both cases proposed, the president may suspend the articles.
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November 2001 memo from Yoo and Delahunty to Gonzales summarizing treaties and laws applicable to the conflict in Afghanistan and to the treatment of persons captured by U.S. Armed Forces.
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This Jan. 22, 2002 memo from Jay Bybee (OLC) to Alberto R. Gonzales (Counsel to Pres. George W. Bush) and William H. Haynes II (General Counsel of the DOD) responds to a request for advice on the effect of the War Crimes Act and the Geneva Conventions on the treatment of individuals detained by the U.S. Armed Forces during the conflict in Afghanistan. The OLC concludes that these treaties do not apply to the conditions of detention and trial procedures for members of al Qaeda. The OLC also concludes that the President has sufficient grounds to suspend U.S. treaty obligations towards Afghanistan on the basis that Afghanistan was a failed state.
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This February 7, 2002 OLC memo from Jay Bybee finds that the President has "reasonable factual grounds" to determine that no members of the Taliban militia are entitled prisoner of war status under Article 4 of the third Geneva Convention (1949).
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An OLC memo concluding that, “the President has plenary constitutional authority, as the commander in chief, to transfer such individuals who are held and captured outside the United States to the control of another country.” The memo is criticized and partly repudiated in Steven Bradbury’s 1/15/09 memo regarding the status of certain OLC opinions.
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An OLC memo concluding that Congress cannot interfere with the President's exercise of his authority as Commander in Chief to control the conduct of operations during war, including his authority to promulgate rules to regulate military commissions. The memo is criticized and partly repudiated in Steven Bradbury’s 1/15/09 memo regarding the status of certain OLC opinions.
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An OLC memo concluding that “the military has the legal authority to detain [Jose Padilla] as a prisoner captured during an international armed conflict,” and that the Posse Comitatus Act poses no bar.
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An OLC memo concluding that the “the President’s authority to detain enemy combatants, including U.S. citizens, is based on his constitutional authority as Commander in Chief” and that the Non-Detention Act cannot interfere with that authority. The memo is criticized and partly repudiated in Steven Bradbury’s 1/15/09 memo regarding the status of certain OLC opinions.
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An OLC memo from John Yoo to John Rizzo regarding "what is necessary to establish the crime of torture." The memo states that an individual must act with the "specific intent" to inflict severe mental pain or suffering to have committed torture, and that "specific intent" can be negated by a showing of "good faith," including evidence of efforts to determine the long-term impact of conduct. [The redacted name at the end of the memo is "Jennifer Koester," which we know from a separately released version of the memo - ACLU-RDI 4575.][OLC Vaughn Index #1]
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This August 1, 2002 memo from Jay Bybee to Alberto Gonzales discusses standards of conduct for interrogations under the Convention Against Torture and Other Cruel, Inhuman, and Degrading Treatment or Punishment as implemented by 18 U.S. C. §§ 2340-2340A of the United States Code.
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This August 1, 2002 OLC memo from Jay Bybee to John Rizzo discusses whether certain proposed conduct in the interrogation of Abu Zubaydah would violate the prohibition against torture found at Section 2340A of title 18 of the U.S. Code. The memo finds that the proposed conduct would not violate this prohibition.
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This memorandum from the Office of the Assistant Attorney General to Alberto Gonzales examines the legal standards of conduct for interrogations under the Convention Against Torture and Other Cruel, Inhuman and Degrading Treatment or Punishment.
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This August 1, 2002 memo from John C. Yoo to Alberto Gonzales discusses standards of conduct for interrogations under the Torture Convention and under the Rome Statute establishing the International Criminal Court.
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An OLC memo concluding that the CIA’s proposed interrogation plan for Abu Zubaydah — which contemplates methods including “insects placed in a confinement box” and “the waterboard” — does not violate the torture statute.
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This is a heavily redacted version of an OLC memo later released in less-redacted form (at ACLU-RDI 4548). This unredacted portions of this version of the memo from the OLC to the CIA discuss the anti-torture statute 18 U.S.C. 2340, considering the specific intent requirement. The document itself is heavily redacted but shows that the Justice Department authorized alternative interrogation methods after concluding that those carrying out these procedures would not have the specific intent to inflict severe physical pain or suffering. The memo defines prolonged mental harm as substantial mental harm of sustained duration, e.g. harm lasting months or even years after the acts were inflicted upon the prisoner. The memo is signed by Jay Bybee, although John Yoo, an OLC lawyer, is widely known to have drafted the memo.
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An OLC memo concluding that the CIA’s proposed interrogation plan for Abu Zubaydah — which contemplates methods including “insects placed in a confinement box” and “the waterboard” — does not violate the torture statute.
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Legal analysis of interrogation techniques sent from FBI Behavioral Analysis Unit (BAU) to FBI legal counsel.
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This cable describes the enhanced interrogation techniques that interrogation teams can employ, pending approval and sets forth federal law which limits the use of these techniques by U.S. government personnel and requires that interrogation techniques "will not engender lasting and severe mental or physical harm to the detainee".
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This is a moderately redacted cable which summarizes the mechanics and legal basis for use of enhanced interrogation techniques on detainees. The cable states that "our attorneys have presented our legal analysis to the legal adviser to the NSC, to the OLC at the DOJ, and to the Criminal Division at Justice, and the counsel to the president has been briefed as well."
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DOD Memo from an assistant legal advisor. The memo is redacted, however, it appears to disagree with aggressive techniques approved by the Secretary of Defense, Joint Chiefs of Staff and Southern Command, stating that the CITF policy precludes participation in aggressive interrogation techniques and only approves rapport building interview strategies.
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This legal memo from the Office of Legal Counsel (OLC) of the Justice Department to the Department of Defense analyzes the legal standards governing military interrogations of "alien unlawful combatans" held outside the United States. It concludes (1) that the Fifth and Eighth Amendments do not extend to "alien enemy combatants" held abroad; (2) that federal criminal law does not apply; (3) that, even if criminal laws do apply, they would conflict with the Commander-in-Chief authority of the President; (4) that obligations imposed by the Convention Against Torture mirror those imposed by the federal torture statute; (5) that "cruel, inhuman, or degrading treatment or punishment" is coextensive with the Fifth and/or Eighth Amendments; (6) that the President is free to override any customary international law that applies; and (7) that the defenses of self-defense and necessity could provide a defense to prosecution.
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A letter from Scott Muller, general counsel of the CIA, to John Yoo, OLC, enclosing a list of legal principles applicable to the CIA's detention and interrogation of detainees, including the use of the "enhanced interrogation techniques." Many of the principles listed appear in the OLC's interrogation memos of August 2002. [OLC Vaughn Index #17]
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A list of bullet points discussing legal principles applicable to the CIA's detention and interrogation of detainees, including the use of the "enhanced interrogation techniques." Many of the principles listed appear in the OLC's interrogation memos of August 2002. This list appears to be a final version of a similar, draft list sent to the OLC on April 28, 2003 (ACLU-RDI 4563). [OlC Vaughn Index #19]
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This is a U.S. Army Foreign Claims form for monetary compensation. The claimant is an Iraqi citizen whose son was shot and killed by U.S. forces. Claimant states his son was a night patrol guard in Annana Village, and on July 16, 2003, U.S. Marines attacked the village and claimant was shot six (6) times. The son was taken to the hospital and later to Abu Ghraib prison. There was an offer of $1,000 compensation to settle the claim. A letter to his mother that "it appears US forces were negligent in shooting your son. In addition, he should have been released from the hospital and instead was arrested and transported to Abu Ghraib prison." Payment was approved and made to claimant to settle claim.
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A list of bullet points discussing legal principles applicable to the CIA's detention and interrogation of detainees, including the use of the "enhanced interrogation techniques." Many of the principles listed appear in the OLC's interrogation memos of August 2002. This list appears to be a final version of a similar, draft list sent to the OLC on April 28, 2003 (ACLU-RDI 4563). [OlC Vaughn Index #19]
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The investigative file details a complaint made by a Private First Class (PFC), alleging that his unit members engaged in unlawful behavior.
The PFC first alleged that while on patrol his platoon sergeant, a Sergeant First Class, ordered soldiers to fire upon unarmed and non-hostile civilians, including women and children. He stated that at least one person appeared injured-their arm was severed. The PFC also alleged that unit members placed enemy prisoners of war (EPWs) on the tops of their utility vehicles (HMMWV), in between the brush guard and hood, and drove the vehicles with the EPWs in that position. He also stated that unit members beat the EPWs. He stated that he heard a section lost control on an Iraqi and beat him half to death, so badly that the hood of the HMMWV was covered in blood.
Finally, the PFC alleged that on numerous occasions, members of his unit stole property ('bricks' of money, Iraqi service medals, and other items) from the homes of Iraqi citizens.
The memo includes sworn statements from the officers involved, the investigating officer's recommendations and a legal memo from an Administrative Attorney.
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This Charge Sheet describes charges brought against Soldiers who staged a mock execution on an Iraqi boy (13-17 years old) by driving him to a field and firing live rounds near his head. They claim it was done to scare him off from looting. The boy was then released to find his way home on foot. The detention of the Iraqi boy, who was thought to be a looter, was found to be outside the scope of the Unit's patrol area and a dereliction of their duties.
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This Army memorandum concerns dismissing certain charges against certain soldiers involved in detainee abuse to avoid Court-Martial proceedings and the legal consequences of such an action. The contents of the memo refers to the soldiers accepting a voluntary discharge from the service as an alternate disposition in order to avoid a Court-Martial.
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This Army memorandum concerns dismissing certain charges against a soldier involved in detainee abuse to avoid Court-Martial proceedings and the legal consequences of such an action. The contents of the memo refers to the soldier accepting a voluntary discharge from the service as an alternate disposition in order to avoid a Court-Martial.
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Instructions for Article 15 counseling for soldiers. A soldier reported that once stateside they saw several photos of Iraqi prisoners, and specifically Iraqi women, in custody and possibly in a state of undress. The matter was reported, investigated and these are the recommendations for counseling. This relates to ACLU RDI 64.
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This Memo from the Army is dismissing, with prejudice, charges brought in a Court-Martial proceeding in exchange for the soldier pleading guilty to two (2) charges brought in an Article 15 proceeding. The investigation was in regards to allegations that a soldier pointed his weapon at a detainee and said "Bang" or words to that effect, and that he struck a detainee in the face with his hand, and an admission of punching the detainee and stomping his feet.
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This letter from Lt. General McKiernen directs action on the charges against Sergeant McKenzie. Specifically, the charges are referred for trial by a General Court-Martial.
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This is a U.S. Army Foreign Claims form for monetary compensation. The claimant is an Iraqi citizen whose father was arrested in Iraq by U.S. forces, taken to Abu Ghraib prison and died while in custody. He claims that the body of his father was recovered from a local police station and had evidence of abuse and maltreatment.
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This document is a completed Claim form by family of an Iraqi citizen who died in U.S. custody. The gentleman was arrested on April 25, 2003. On November 11, 2004, the family visited him at Baghdad International Airport (BIAP) and his health was good. The family was told on Feb. 17, 2004 by the Red Cross that the father (the detainee) had died on January 31, 2004. According to reports, there were bruises on his face, wounds and signs of surgery on his head.
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Letter signed by Lt. General McKiernan dismissing, with prejudice, all charges against Sergeant Scott A. McKenzie. No other information provided.
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FBI Memo re: Interview/Interrogation -1/27/2004- AGC- Attorney Client Privileged Material. Entire document redacted. The following was in this description box, not clear where the information came from, because the document is completely redacted and does not mention detainee or Iraq:[Concerns the interview and interrogation of a detainee in Iraq.]
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A letter from the CIA to OLC requesting that the OLC reaffirm its analyses in several previously issued memos relating to interrogation. The letter states that "we rely on the applicable law and OLC guidance to assess the lawfulness of detention and interrogation techniques." The letter also sets forth the CIA's views on "three additional interrogation techniques, and two uses of water not involving the waterboard." The two uses of water are water "pouring, flicking, or tossing" (PFT) and water dousing. The "three additional interrogation techniques" appear to be redacted. [OLC Vaughn Index #22]
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A letter from the CIA to OLC requesting that the OLC reaffirm its analyses in several previously issued memos relating to interrogation. The letter states that "we rely on the applicable law and OLC guidance to assess the lawfulness of detention and interrogation techniques." The letter also sets forth the CIA's views on "three additional interrogation techniques, and two uses of water not involving the waterboard." The two uses of water are water "pouring, flicking, or tossing" (PFT) and water dousing. The "three additional interrogation techniques" appear to be redacted. [OLC Vaughn Index #22]
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A letter from the CIA to OLC requesting that the OLC reaffirm its analyses in several previously issued memos relating to interrogation. The letter states that "we rely on the applicable law and OLC guidance to assess the lawfulness of detention and interrogation techniques." The letter also sets forth the CIA's views on "three additional interrogation techniques, and two uses of water not involving the waterboard." The two uses of water are water "pouring, flicking, or tossing" (PFT) and water dousing. The "three additional interrogation techniques" appear to be redacted. [OLC Vaughn Index #22]
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A CRS report analyzing the law relating to the detention of two American citizens (Yaser Hamdi and Jose Padilla) as alleged "enemy combatants."
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An OLC memo analyzing the Geneva Convention Relative to the Protection of Civilian Persons in the Time of War ("GC"). The memo provides three opinions. Part I concludes that "GC governs the occupation of Iraq." Part II discusses GC's general criteria for inclusion and exclusion related to "protected person" status. Part III determines that Al Qaeda operatives "are not entitled to 'protected person' status."
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Letter from Detainee's counsel to Army Claims Service for alleged abuse, torture and other mistreatment by U.S. Army in Iraq. The attorney is making the claim under the Military Claimns ack and seeks compensation in excess of $100,000.00. The claimant states that he was wrongly arrested in the spring of 2003 and detained at Camp Bucca, Iraq. In addition to physical abuse and mental trauma, the gentleman states that his money and personal property were taken from him and not returned.
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Memo from FBI General Counsel Valerie Caproni to all field office personnel reiterates FBI policy that "no attempt be made to obtain a statement by force, threats, or promises." Approved by John S. Pistole and Valerie E. Caproni.
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A letter from Jack Goldsmith to Scott Muller regarding the CIA Inspector General's Special Review of the CIA's interrogation program. The letter expresses concern at the fact that, according to the Special Review, aspects of the CIA's interrogations appeared to have differed from the program as described to the OLC in 2002. [OLC Vaughn Index #28]
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Memo is broken up in different sections. One section is entitled potentially relevant federal criminal statutes.
Another section is entitled potential issues to be discussed at May 4, 2004, [the contents are redacted].
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An OLC memo from Jack Goldsmith to John Helgerson, the CIA's Inspector General, expressing disagreement with the Special Review's representation of OLC opinions on two points -- whether John Ashcroft (Attorney General) authorized "expanded use" of the CIA's interrogation techniques, and whether the OLC endorsed a document titled "Legal Principles Applicable to CIA Detention and Interrogation of Captured Al-Qa'ida Personnel." The memo includes an addendum with suggested changes to the Special Review.
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An OLC memo from Jack Goldsmith to John Helgerson, the CIA's Inspector General, expressing disagreement with the Special Review's representation of OLC opinions on two points -- whether John Ashcroft (Attorney General) authorized "expanded use" of the CIA's interrogation techniques, and whether the OLC endorsed a document titled "Legal Principles Applicable to CIA Detention and Interrogation of Captured Al-Qa'ida Personnel." The memo includes an addendum with suggested changes to the Special Review.
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This letter from Rizzo, Acting General Counsel, to Philbin forwards a copy of John Yoo's memo of July 13, 2002 addressing "what is necessary to establish the crime of torture." [OLC Vaughn Index #49]
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This June 23, 2004 memo from Jack Goldsmith (OLC) to Scott W. Muller (General Counsel of the CIA) is a response to Muller's question of whether a redacted "terrorist operative" is a "protected person" and whether his [redacted] would violate the Geneva Convention.
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This June 23, 2004 memo from Jack Goldsmith (OLC) to Scott W. Muller (General Counsel of the CIA) is a response to Muller's question of whether a redacted "terrorist operative" is a "protected person" and whether his [redacted] would violate the Geneva Convention.
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This letter from Scott Muller to John Bellinger concerns further discussions that clarified the approval of certain interrogation techniques. He writes, "the authorized techniques are those previously approved for use with Abu Zubaydah (with the exception of the waterboard) and the 24 approved by the Secretary of Defense on 16 April 2003." [OLC Vaughn Index #43]
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This letter from Goldsmith to Muller addresses the use of interrogation techniques on a certain high-value detainee and is a follow-up to 2 previous memos approving 33 techniques (an OLC memo approved 9 and a memo from Secretary Rumsfeld approved 24). This letter emphasized that approval is conditioned on adherance to the safeguards and limitations set forth in the memos and in the Army Field Manual. [OLC Vaughn Index #48]
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This letter from Goldsmith to Muller addresses the use of interrogation techniques on a certain high-value detainee and is a follow-up to 2 previous memos approving 33 techniques (an OLC memo approved 9 and a memo from Secretary Rumsfeld approved 24). This letter emphasized that approval is conditioned on adherance to the safeguards and limitations set forth in the memos and in the Army Field Manual. [OLC Vaughn Index #48]
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This memo by Alberto Mora, General Counsel of the Navy, gives the chronology of his opposition (and the opposition of other members of the Navy) to the harsh interrogation techniques authorized for use at Guantanamo Bay by Secretary of Defense Rumsfeld. The memo describes in significant detail Mora's exchanges with Jim Haynes, the General Counsel of the Department of Defense, as well as the efforts of senior members of the Defense Department to overrule Mora's objections to the use of harsh interrogation techniques.
[This memo was first published by the New Yorker on February 27, 2006.]
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This document is a Department of State Congressional Correspondence Tasker.
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In the letter to Acting CIA Director McLaughlin, Attorney General Ashcroft confirms his advice that the use of certain interrogation techniques (other than waterboarding) in the interrogation of a particular detainee outside territory subject to U.S. jurisdiction would not violate the Constitution or any statute or treaty obligation the U.S. is a signatory to.
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This letter from Acting Assistant Attorney General Levin to Muller regards whether a certain detainee may be subjected to waterboarding. Levin asks the CIA to provide specific details of the technique in practice, including "whether the technique on which we would now opine differs in any respect from the one considered in our earlier memorandum." [OLC Vaughn Index #65]
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The purpose of the memo was to provide updated information on the courts-martial involving allegations of military police's abuse against detainees in Abu Gharib Prison in Iraq. It outlines courts-martial on seven military police charged with abuse. The soldiers involved are from the 372nd Military Police Company. Details the status of their courts-martial.
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(A CIA affidavit states that this was a 1-page memo dated Aug. 4, 2004 from CIA to OLC and that it contained "communications from the CIA to OLC on a matter in which the CIA requested legal advice from OLC.") The document itself shows that the CIA relied on the Justice Department's conclusion that certain interrogation techniques, "including the waterboard," did not violate the torture statute. The document also indicates that, after the Supreme Court decided Rasul v. Bush in June 2004, the CIA was concerned about the possibility that its actions would ultimately be subject to judicial review. [Oridinally identified in the ACLU's litigaiton as OLC 70]
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Army memo discussing an August 5, 2004 court martial of alleged murder of Iraqi detainee. The panel found the soldier not guilty of murder, but guilty of the lesser included offense of voluntary manslaughter and sentenced him to a dishonorable discharge; forfeiture of all pay and allowances; reduction to Private (E-1); and three years confinement. This case does not involve misconduct inside the Abu Ghraib prison detention facility.
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This letter from Levin to Rizzo addresses the use of waterboarding on a specific detainee. It concludes that "although it is a close and difficult question, the use of the waterboard technique in the contemplated interrogation of [redacted] outside territory subject to the United States jurisdiction would not violate an United States statute." [OLC Vaughn Index #74]
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This letter from Levin to Rizzo addresses the use of waterboarding on a specific detainee. It concludes that "although it is a close and difficult question, the use of the waterboard technique in the contemplated interrogation of [redacted] outside territory subject to the United States jurisdiction would not violate an United States statute." [OLC Vaughn Index #74]
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An OLC memo to the CIA addressing whether the use of four enhanced techniques, "dietary manipulation, nudity, water dousing, and abdominal slaps," in the interrogation of [redacted] would violate the law. The letter concludes that use of the techniques would not violate any U.S. statutes, the U.S. Constitution, or any U.S. treaty obligation. [OLC Vaughn Index #85]
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An OLC memo to the CIA addressing whether the use of four enhanced techniques, "dietary manipulation, nudity, water dousing, and abdominal slaps," in the interrogation of [redacted] would violate the law. The letter concludes that use of the techniques would not violate any U.S. statutes, the U.S. Constitution, or any U.S. treaty obligation. [OLC Vaughn Index #85]
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The September 2004 memorandum from Daniel Levin to the Attorney General and Deputy Attorney General provides an update on the status of interrogation advice. The memo includes previously given and current/pending advice for the CIA and DOD.
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An OLC memo from Daniel Levin (Acting Assistant Attorney General) to John Ashcroft (Attorney General) and James Comey (Deputy Attorney General), updating them on the status of interrogation advice. The letter contains sections for general advice and advice specific to the CIA. In the CIA section, it discusses the following limits on waterboarding: "no more than two sessions a day; sessions on no more than 5 out of 30 days; sessions last no more than 2 hours each; no single application can exceed 40 seconds and no more than 6 applications exceeding 10 seconds in any one session; no more than 12 minutes total application per day." The document also addresses whether the CIA's actions would "shock the conscience, if that standard applies." The answer to this question is redacted. The letter also makes mention of "24 specific techniques" which were approved for use by the DOD. [OLC Vaughn Index #89]
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Letter from Daniel Levin to John Rizzo discussing whether the use of twelve interrogation techniques in the interrogation of Ahmed Khalfan Ghailani would violate any U.S. statute, the U.S. Constitution, or any treaty obligation of the U.S.
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An OLC memo to the CIA addressing whether the use of "twelve particular interrogation techniques (attention grasp, walling, facial hold, facial slap (insult slap), cramped confinement, wall standing, stress positions, sleep depravation, dietary manipulation, nudity, water dousing, and abdominal slap) in the interrogation of [redacted] would violate any United States Statute (including 18 U.S.C. §2340A), the United States Constitution, or any treaty obligation of the United States." The letter concludes that "the use of these techniques on [redacted] outside territory subject to United States jurisdiction would not violate any of these provisions." [OLC Vaughn Index #88]
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An OLC memo to the CIA addressing whether the use of "twelve particular interrogation techniques (attention grasp, walling, facial hold, facial slap (insult slap), cramped confinement, wall standing, stress positions, sleep deprivation, dietary manipulation, nudity, water dousing, and abdominal slap in the interrogation of Sharif al-Masri would violate any United States Statute (including 18 U.S.C. §2340A), the United States Constitution, or any treaty obligation of the United States." The letter concludes that "the use of these techniques on al-Masri outside territory subject to United States jurisdiction would not violate any of these provisions."
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An OLC memo to the CIA addressing whether the use of "twelve particular interrogation techniques (attention grasp, walling, facial hold, facial slap (insult slap), cramped confinement, wall standing, stress positions, sleep deprivation, dietary manipulation, nudity, water dousing, and abdominal slap in the interrogation of Sharif al-Masri would violate any United States Statute (including 18 U.S.C. §2340A), the United States Constitution, or any treaty obligation of the United States." The letter concludes that "the use of these techniques on al-Masri outside territory subject to United States jurisdiction would not violate any of these provisions."
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An OLC memo to the CIA addressing whether the use of "twelve particular interrogation techniques (attention grasp, walling, facial hold, facial slap (insult slap), cramped confinement, wall standing, stress positions, sleep depravation, dietary manipulation, nudity, water dousing, and abdominal slap in the interrogation of [redacted] would violate any United States Statute (including 18 U.S.C. §2340A), the United States Constitution, or any treaty obligation of the United States." The letter concludes that "the use of these techniques on [redacted] outside territory subject to United States jurisdiction would not violate any of these provisions." [OLC Vaughn Index #79]
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This document is the Charge Sheet against Sergeant Scott A. McKenzie for his Court Martial on abusing Iraqi detainees. It includes the charges; Articles of the UCMJ he is accused of violating; details of the charges; Sgt. McKenzie's plea to each charge; and findings up until the point of the charge sheet being produced.
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Tribunal determined that the detainee in question has been accurately classified as an "Enemy Combatant" and that he willingly joined the Taliban and fought against American armed forces. The detainee denied all allegations against him, stating that he had never been to Afghanistan and that any admissions he made in Guantanamo Bay were the result of torture and threats.
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This document is a memo regarding an investigation into allegations of detainee abuse. Investigation was initiated due to a letter from a detainee, alleging that he was "taken from Camp Cropper to an unknown location during the beginning of Jun 03, where he was abused by several different individuals." The memo notes that the detainee was treated for "several abrasions to his body and an injury to his chest."
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The document is an internal FBI memorandum sent from the General Counsel to all divisions, regarding an appropriate course of action in response to requests received from military criminal investigative services to interview FBI personnel regarding observations made while interacting with military personnel overseas, namely detainee abuse and criminal misconduct by military personnel.
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This document is a letter from the US Army trial counsel responsible for prosecuting Specialist [redacted] and Sergeant [redacted] "in connection with detainee abuse at the Baghdad Central Confinement Facility." The letter mentions a New York Times article reporting the existence of an FBI report documenting "the presence of certain FBI employees" at the facility, and requests that the FBI provide a copy of the report and a list of FBI personnel at Abu Ghraib.
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This index lists this document as: LTC [redacted] email 22 Dec 04 containing ISN [redacted] Allegations but is also emboldened with "Attorney work-product" written on its first page. The memo addresses allegations related to incidents that took place during the months of August through October 2003. In particular, the memo alleges that the detainee was coerced into signing a false statement implicating himself in the Millennium Bomb Plot at LAX airport.
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This document is the first page of a memorandum concerning government responsibilities relating to torture under the U.N. Convention Against Torture (CAT) and 18 U.S.C. §§ 2340-2340A.
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This December 30, 2004 OLC memo from Daniel Levin interprets the federal criminal prohibition against torture. This memo supersedes the August 2002 memorandum ("Standards of Conduct under 18 U.S.C. §§ 2340–2340A") in its entirety.
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Department of Justice Office of Legal Council on Standards of Conduct for Interrogation under 18 U.S.C. §§ 2340-2340A. This memo superceding the August 2002 memo interpreting the anti-torture statute. The memo disagrees with the previous memo's conclusions that torture is limited to pain equivalent in intensity to the pain accompanying serious physical injury, such as organ failure and that severe physical suffering could in no circumstances be distinct from severe physical pain under the torture statute. The memo does not, howeover, address the issue of intent.
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This document was originally released on June 1, 2005 (ACLU-RDI 3547). This OLC memo supercedes the August 2002 memo interpreting the anti-torture statute. The memo disagrees with the previous memo's conclusions that torture is limited to pain "equivalent in intensity to the pain accompanying serious physical injury, such as organ failure," and that "severe physical suffering" could in no circumstances be distinct from "severe physical pain" under the torture statute. The memo does not, howeover, address the issue of intent. The memo also notes that despite the legal disagreements with the previous memo, the OLC does not believe that the conclusions would be different under the new legal standards. [OLC Vaughn Index #96]
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The document is an internal FBI memorandum, regarding Department of Justice protocol for the investigation of terrorism overseas. The memorandum includes information about the standards for the handling of a criminal case in a battlefield zone, but is almost entirely redacted.
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The document is an internal FBI memorandum from the FBI General Counsel, regarding legal advice and opinions about the treatment of prisoners and detainees by FBI personnel. The memorandum is almost entirely redacted, but includes information on FBI policy.
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This May 10, 2005 OLC memo discusses whether certain interrogation techniques designed to be used on a high value al Qaeda detainee comply with the federal prohibition on torture.
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An OLC memo from Bradbury to Rizzo addressing whether the combined use of "enhanced interrogation techniques" (including waterboarding) violates the prohibition on torture. The memo concludes that it would not violate the torture statute if used individually.
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An OLC memo concluding that the CIA’s interrogation techniques do not violate the torture statute if used individually.
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An OLC memo addressing whether the combined use of "enhanced interrogation techniques" (including waterboarding) violates the prohibition on torture. The memo concludes that it would not.
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This May 30, 2005 OLC memo from Steven Bradbury to John Rizzo discusses whether certain enhanced interrogation techniques employed by the CIA in the interrogation of high value al Qaeda detainees are consistent with U.S. obligations under Article 16 of the United Nations Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment. Bradbury concludes that the use of these techniques is consistent with U.S. obligations under Article 16.
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An OLC memo addressing whether certain enhanced interrogation techniques used by the CIA are consistent with the United States's obligations under Article 16 of the United Nations Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment and concluding that “the use of these techniques, subject to the CIA’s careful screening criteria and limitation and its medical safeguards, is consistent with the United States obligations under Article 16.” The primary justification is that the interrogations take place outside the jurisdiction of the United States. Other repeated justifications for these techniques are that there is no risk of serious physical or psychological pain and that "the enhanced techniques are all adapted from techniques used by the United States on its own troops, albeit under significantly different conditions."
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An OLC memo addressing whether certain enhanced interrogation techniques used by the CIA are consistent with the United States's obligations under Article 16 of the United Nations Convention Agsinst Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment and concluding that “the use of these techniques, subject to the CIA’s careful screening criteria and limitation and its medical safeguards, is consistent with the United States obligations under Article 16.” The primary justification is that the interrogations take place outside the jurisdiction of the United States. Other repeated justifications for these techniques are that there is no risk of serious physical or psychological pain and that "the enhanced techniques are all adapted from techniques used by the United States on its own troops, albeit under significantly different conditions."
[On page 7 of this memo, the government disclosed the last name of a detainee - "Gul." Some suspect that this is a reference to Hassan Ghul, whose name was read into the congressional record in 2006 as a “terrorist” who was “no longer a threat to the United States.” See 152 Cong. Rec. H5482 (July 19, 2006). Others have pointed out that it might be a reference to Janat Gul.]
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N/A
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This is a CIA memo CIA concerning the declassification of information relating to the death of Abid Hamad Mahawish Al-Mahalawi.
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A State Department memo addressing whether Article 16 of the Convention Against Torture applies to the CIA's interrogations in foreign countries. The State Department determined that the prohibitions against torture do apply, despite its initial conclusion made in May 2005. The memo states that the "situation has now changed" and that "several of these techniques, singly or in combination, should be considered 'cruel, inhuman, or degrading treatment or punishment' within the meaning of Article 16."
[Memo released Apr. 3, 2012 by the State Department in response to a FOIA request by the National Security Archive]
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An OLC memorandum concluding that revisions of the Army Field Manual 2-22.3 and Appendix M to that manual "are consistent with the requirements of law, in particular with the requirements of the Detainee Treatment Act of 2005." The memo specifically analyzes whether the six interrogation techniques described in Appendix M comport with the Detainee Treatment Act. Only three of those techinques are unredacted in the memo: "Mutt and Jeff"; "False Flag"; and "Separation." The memo also refers to three "Adjustment" techniques.
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This is a CID investigation into the death of Zaidan Kalaf Hassan, an Iraqi civilian who was shot during a search of his residence. It is reported that after the members of "A" Company, 1-8 Infantry breached the outer gates of Mr. Hassan's residence, where they encountered him in the doorway of the house. Mr. Hassan reportedly resisted the soldiers entry in to the house. The Sergeants on the scene describe the conditions of the residence as difficult to see and navigate due to no lighting & the occupancy of several people in the residence. Mr. Hassan was subsequently taken to a back room of the residence to "calm" the chaotic scene in the residence. It is at that point that the Staff Sergeant (SSG) present believed that Mr. Hassan had "something" in his hand. The SSG called for help, and the Sergeant First Class (SFC) on the scene "turned and fired" upon Mr. Hassan, killing him. The SFC stated he shot Mr. Hassan because he believed that Mr. Hassan had a handgun. This file contains: 1) Report of Investigation, (June 6, 2006); 2) Report of Investigation: 1st Supplemental Report, (Oct. 14, 2005); 4) Army Memorandum: Final Report, (May 25, 2005); 5) Army Memorandum of Opinion: Claim of the Hassan Family (Jan. 22, 2004); 4) Army Memorandum of Opinion: Claim of the Hassan Family, (Jan. 18, 2004); and Stipulation of Fact: Court-martial, (March 11, 2005. It is alleged that prior to the raid operation, the Captain in charge of the raid stated that there were certain insurgents that "Should not come back alive" because they were responsible for the recent killing of another Army Captain. The Report could not substantiate the claim of pre-raid orders, and could not determine if the SFC was acting unlawfully when he shot Mr. Hassan.
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This August 31, 2006 OLC memo from Steven Bradbury to John Rizzo discusses whether particular "standards conditions of detention" at certain CIA facilities located overseas are consistent with the applicable standards of the Detainee Treatment Act.
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A letter providing legal advice regarding whether the conditions of detention at certain overseas CIA facilities are consistent with the applicable standards of the DTA. It concludes that the conditions of confinement did not constitute "cruel, inhuman, or degrading treatment or punishment."
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An OLC memo from Steven Bradbury to John Rizzo analyzing whether certain conditions of confinement used by the CIA in covert overseas facilities are consistent with Common Article 3 of the Geneva Conventions. The conditions are: (1) "blocking detainees' vision by covering their eyes with some opaque material," (2) "incommunicado" and "prolonged isolation," (3) "white noise in the walkways of the detention facilities," (4) "full-time illumination of the detainees' cells," (5) "shackling detainees when they are being moved around the detention facilities," (6) "shaving the head and facial hair." The memo concludes that none of the conditions violates Common Article 3.
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A letter providing legal advice regarding whether the conditions of detention at certain oversears CIA facilities are consistent with the applicable standards of the DTA. It concludes that the conditions of confinement did not constitute "cruel, inhuman, or degrading treatment or punishment."
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This memo describes the CIA's rendition, detention, and interrogation program, including the legal authorities under which the program operates and the safeguards and controls that have been undertaken to prevent deviation, improvisation, abuse and errors. The memo asserts that the program has disrupted terrorist plots, enabled the collection of critical intelligence, and led to the capture of additional High Value Targets.
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This DOS Cable from the US Mission Geneva to DOS Washington contains a letter from Special Rapporteur on Extrajudicial, Summary or Arbitrary Executions, Philip Alston, regarding the June 10, 2006 death of Guantanamo Bay detainee Ahmed Ali Abdullah, a citizen of Yemen. The letter expresses skepticism of the family of the detainee that Mr. Ali Abdullah committed suicide, and requests an investigation in to the matter.
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This July 20, 2007 OLC memo from Steven Bradbury to John Rizzo discusses whether the CIA may lawfully employ six enhanced interrogation techniques in the interrogation of "high value detainees who are members of al Qaeda and associated groups. The memo addresses whether the proposed techniques are consistent with the War Crimes Act, as amended by the Military Commissions Act of 2006, the Detainee Treatment Act of 2005, and the requirements of Common Article 3 of the Geneva Conventions.
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An OLC memo addressing whether the CIA may use 6 "enhanced interrogation techniques" in the interrogation of high value detainees: (1) dietary manipulation, (2) extended sleep deprivation, (3) facial hold, (4) attention grasp, (5) abdominal slap, and (6) insult (or facial) slap.
The memo concludes that "Common Article 3 permits the CIA to go forward with the proposed interrogation program, and the President may determine that issue conclusively by issuing an executive order to that effect . . . the CIA's six proposed interrogation techniques, subject to all of the conditions and safeguards described herein, would comply with the Detainee Treatment Act and the War Crimes Act."
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A letter from the OLC providing legal advice regarding the continued use of sleep deprivation on a detainee. It concludes that continued use would be consistent with all applicable law, and that "the continuation of the technique … would be in close service of a highly important governmental need." Although the technique is not specifically named, based on the reference to footnote 7 of page 8 of the July 20, 2007 memo, the technique being discussed is sleep deprivation.
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This DOS Cable from U.S. Geneva Mission to DOS Washington contains a letter from Special Rapporteurs regarding the health and detention conditions of Guantanamo Bay Detention Facility detainees, and specifically, Samil al-Haj, a national of Sudan being held in Guantanamo Bay since June 2002. The letter raises several accusations of maltreatment of the detainees and specifically states that the personnel at Guantanamo Bay were mistreating certain detainees.
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A letter from the OLC providing legal advice regarding the continued use of sleep deprivation on a detainee. It concludes that continued use would be consistent with all applicable law, and that "the continuation of the technique … would be in close service of a highly important governmental need." Although the technique is not specifically named, based on the reference to footnote 7 of page 8 of the July 20, 2007 memo, the technique being discussed is sleep deprivation.
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A letter from the OLC providing legal advice regarding the continued use of sleep deprivation on a detainee. It concludes that continued use would be consistent with all applicable law, and that "the continuation of the technique … would be in close service of a highly important governmental need." Although the technique is not specifically named, based on the reference to footnote 7 of page 8 of the July 20, 2007 memo, the technique being discussed is sleep deprivation.
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An OLC memo advising “that caution should be exercised before relying in any respect” on John C. Yoo’s October 23, 2001 memo, Authority for Use of Military Force to Combat Terrorist Activities Within the United States. The memo notes specific conclusions of the Yoo memo that are incorrect or highly questionable, including the Yoo memo's conclusion that the Fourth Amendment does not apply to domestic military operations designed to deter and prevent future terrorist attacks.
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This January 15, 2009 OLC memo from Steven Bradbury discusses the reasons for the withdrawal of nine OLC memos that were issued in the aftermath of 9/11, specifically why the propositions in these memos are not consistent with the current views of the OLC.
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An OLC memo stating that "the purpose of this memorandum is to confirm that certain propositions stated in several opinions issued by the Office of Legal Counsel in 2001-2003 respecting the allocation of authorities between the President and Congress in matters of war and national security do not reflect the current views of this office." The memo concludes that "the propositions highlighted in the nine opinions identified [in the memo] do not reflect the currrent views of the Office of Legal Counsel and should not be treated as authoritative for any purpose."
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This April 15, 2009 OLC memo from David Barron states the withdrawal of four previous OLC opinions regarding CIA interrogation methods. The decision to withdraw the four opinions was made in connection with the consideration of these opinions for possible public release.
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This June 11, 2009 OLC memo from David Barron states the withdrawal of an additional OLC opinion regarding CIA interrogation methods. The decision to withdraw was made in connection with the consideration of this opinion for possible public release.
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An OLC memo withdrawing the interrogation memo of July 20, 2007.
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