DOS Memo Re: Talking Points on Detainee Treatment and Interrogations

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This memo is to address questions and concerns over the status and treatment of Guantanamo detainees. The memo states that: 1) the U.S. does not permit, tolerate or condone torture; 2) Detainees get excellent medical care; 3) the Al-Qaeda operatives are committed to killing Americans and others; and 4) the detainees are not criminals awaiting trial, but enemy combatants and are being held under detention to prevent them from carrying out their agenda to commit acts of terror.

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Tuesday, March 18, 2003
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Tuesday, June 7, 2005
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071656 SOURCE: CBLEXCLS.004625 DRAFTED BY: IO/FO:JBRACKEN 03/18/2003 .202-647-3901 APPROVED BY: IO/FO:KRHOLMES IO/SHA:JCPERRY IO/FO:JSWIGERT CIA/GC:SMULLER DOD/GC:EDAVIDSON DOJ/OLC:JKOESTER L/PM: JDOLAN . PM/ISO:KBJERKEBEK DRL:MLA:TGFOELLER S/WCI:PROSPER G:NBIBBINS P:SSUl:I D:ABARRY
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o P 182206Z MAR 03 FM SECSTATE WASHDC TO USMISSION GENEVA IMMEDIATE USMISSION USUN NEW YORK IMMEDIATE INFO NSC WASHDC PRIORITY 0000 USEU BRUSSELS PRIORITY USMISSION USNATO PRIORITY
CON FlO E N T I A L STATE 071656
E.O. 12958: DECL: 03/17/2008 TAGS: PHUM, AORC SUBJECT: POINTS RE: NON-USE OF TORTURE OR OTHER CRUEL PUNISHMENT
CLASSIFIED BY: 10 PDAS J. SWIGERT REASON 1.5 (D).
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UNITED STATES DEPARTMENT OF STATE REVIEW AUTHORITY: SHARON E AHMAD

UNCLASSIFIED
DATE/CASE ID: 29 MAR 2005 200303827
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2. (SBU) IF-ASKED GUIDANCE.
KEY POINTS ON DETAINEE TREATMENT
Z THE'UNITED STATES DOES NOT PERMIT, TOLERATE, OR CONDONE
TORTURE. PERIOD. PRESIDENT BUSH REAFFIRMED THIS TO U.N.
HIGH COMMISSIONER FOR HUMAN RIGHTS SERGIO VIEIRA DE MELLO ON
MARCH 3RD OF THIS YEAR. TORTURE IS A VIOLATION OF U.S. LAW.
ALLEGATIONS OF TORTURE ARE THOROUGHLY INVESTIGATED.
Z THIS FUNDAMENTAL PRINCIPLE REMAINS TRUE DESPITE THE
ATROCITY COMMITTED AGAINST OUR PEOPLE ON SEPTEMBER II, 2001,
BY THOSE WHO OBSERVED NO INTERNATIONAL LEGAL NORMS, WHO
DISREGARDED THE ~W OF ARMED CONFLICT, AND WHO HAD NO REGARD
FOR THE LIVES OF THOUSANDS OF INNOCENT AMERICANS OR THE
ANGUISH OF THEIR FAMILIES.
Z DETAINEES IN U.S. CONTROL GET EXCELLENT MEDICAL CARE.
SINCE DETENTION OPERATIONS BEGAN WE HAVE TREATED WOUNDS
SUSTAINED IN BATTLE AND RELIEVED PAIN AND SUFFERING THAT
PRE-DATES DETENTION. ALL DETAINEES ARE TREATED CONSISTENT
WITH APPLICABLE UNITED STATES LAW AND INTERNATIONAL LAW
AGAINST TORTURE, DESPITE THE TOTAL DISREGARD FOR ALL OF
THESE, AS WELL AS BASIC STANDARDS OF HUMAN DECENCY, ON THE
PART OF OUR ATTACKERS.
Z THE UNITED STATES IS STRONGLY COMMITTED TO PROTECTING
AND ADVANCING HUMAN RIGHTS. OUR DETAINEE POLICY IS NO
EXCEPTION. WE HAVE BEEN A CLEAR AND CONSISTENT OPPONENT OF
TORTURE THROUGHOUT THE WORLD. WE HAVE BEEN VOCAL ON THIS
ISSUE AND UNWAVERING IN OUR EFFORTS TO URGE GOVERNMENTS TO STOP THE PRACTICE.
Z A NUMBER OF DETAINEES ARE SENIOR AL-QA'IDA OPERATIVES OR OTHERS COMMITTED TO KILLING AMERICANS AND OTHERS. THEY HAVE BEEN, AND WILL CONTINUE TO BE, QUESTIONED AGGRESSIVELY IN ORDER TO PROTECT THE LIVES OF AMERICANS AND OTHERS. HOWEVER, U.S. GOVERNMENT PERSONNEL ARE NOT PERMITTED TO TORTURE DETAINEES OR PARTICIPATE IN TORTURE BY OTHERS. THEY
CONDUCT THEMSELVES IN A MANNER THAT COMPLIES WITH APPLICABLE LAW.
Z FALSE AND IRRESPONSIBLE ALLEGATIONS THAT THE UNITED STATES IS TORTURING DETAINED ENEMY COMBATANTS TRIVIALIZE THE
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REAL TORTURE, WHETHER OF POLITICAL ENEMIES, MEMBERS OF DIFFERENT ETHNIC GROUPS, OR THOSE SIMPLY BRAVE ENOUGH TO SPEAK THEIR MINDS UNDER TOTALITARIAN REGIMES, THAT STILL ALL TOO COMMON IN MANY COUNTRIES AROUND THE WORLD. IS
Z DETAINEES IN THE WAR ON TERRORISM ARE NOT CRIMINALS AWAITING TRIAL ON CRIMINAL CHARGES. THEY ARE ENEMY COMBATANTS. THE RIGHT OF STATES TO DETAIN THEIR ATTACKERS, AND THOSE AFFILIATED WITH THEM, FOR THE DURATION OF A CONFLICT IS UNCHALLENGED. THE DETENTION OF AN ENEMY COMBATANT IS NOT AN ACT OF PUNISHMENT BUT ONE OF SECURITY AND MILITARY NECESSITY. IT SERVES THE IMPORTANT PURPOSE OF PREVENTING AN ENEMY COMBATANT FROM CONTINUING TO FIGHT AGAINST US. THE CRIMINAL JUSTICE SYSTEM SIMPLY IS NOT RELEVANT TO ENEMY COMBATANTS DETAINED IN A WAR.
Z IN ANY CASES DETAINEES TO OTHER RECEIVE ASSURANCES WHERE THE UNITED STATES TRANSFERS COUNTRIES FOR DETENTION, WE SEEK AND THAT DETAINEES WILL NOT BE TORTURED.
(IF ASKED ABOUT SPECIFIC TRANSFEREE COUNTRIES)
Z I WILL NOT DISCUSS TRANSFER OF DETAINEES TO TERRORISM. SPECIFIC DETAILS CONCERNING ANY THIRD COUNTRIES IN THE WAR ON
SUGGESTED RESPONSES TO SPECIFIC QUESTIONS (IF ASKED)
NOTE: RESPONSES IMMEDIATELY CONDITIONS AT GUANTANAMO. BELOW IS FOR USE IF ASKED ABOUT
CAN YOU ASSURE US CATEGORICALLY THAT AL-QA'IDA AND TALIBAN DETAINEES AT GUANTANAMO ARE CONSISTENTLY TREATED HUMANELY AND IN FULL ACCORD WITH THE GENEVA CONVENTION AND ALL OTHER INTERNATIONAL LAW?
Z AS OUR GOVERNMENT HAS PREVIOUSLY STATED, THE UNITED STATES ARMED FORCES HAVE TREATED, AND WILL CONTINUE TO TREAT, ALL INDIVIDUALS DETAINED AT GUANTANAMO HUMANELY AND, TO THE EXTENT APPROPRIATE AND CONSISTENT WITH MILITARY NECESSITY, IN A MANNER CONSISTENT WITH THE PRINCIPLES OF THE THIRD GENEVA CONVENTION OF 1949, EVEN THOUGH NEITHER AL-QA'IDA NOR TALIBAN DETAINEES AT GUANTANAMO ARE ENTITLED TO POW STATUS.
Z EVEN THOUGH THE GUANTANAMO DETAINEES ARE NOT ENTITLED TO POW RIGHTS AND PRIVILEGES, THEY ARE PROVIDED, AS A MATTER OF POLICY, MANY PRIVILEGES SIMILAR TO POWS. AS EXAMPLES, ALL DETAINEES AT GUANTANAMO ARE PROVIDED: THREE MEALS A DAY THAT MEET MUSLIM DIETARY REQUIREMENTSj ADEQUATE SHELTER AND WATER;
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EXCELLENT MEDICAL AND DENTAL CARE ON A PAR WITH THAT PROVIDED TO U.S. ARMED FORCES; CLOTHING AND SHOES; SHOWERS, SOAP, AND TOILET ARTICLES; THE OPPORTUNITY TO WORSHIP; AND THE MEANS TO SEND AND RECEIVE MAIL, SUBJECT TO SECURITY SCREENING.
Z SINCE DETENTION OPERATIONS BEGAN WE HAVE TREATED WOUNDS SUSTAINED IN BATTLE AND TREATED AILMENTS IN DETAINEES THAT PRE-DATE CAPTURE.
Z OR THE MENTAL GUANTANAMO DETAINEES ARE NOT ABUSE OR CRUEL TREATMENT. SUBJECTED TO PHYSICAL
Z THE INTERNATIONAL COMM.ITTEE OF VISITED AND WILL CONTINUE TO BE ABLE THE RED CROSS HAS TO VISIT THE DETAINEES.
Z DETAINEES MAY RAISE CONCERNS ABOUT THEIR CONDITIONS AND WE ATTEMPT TO ADDRESS THOSE CONCERNS CONSISTENT WITH SECURITY AND OPERATIONAL REQUIREMENTS. IS THIS TRUE FOR ALL U.S. DETAINEES ANYWHERE IN THE WORLD? Z I AM NOT GOING TO GO FURTHER INTO THE DETAILS OF U.S. AND ALLIED EFFORTS TO FIGHT THE WAR ON TERRORISM, INCLUDING OUR DETENTION POLICIES.
Z THE TOLERATES UNITED STATES NEITHER PERMITS, CONDONES, NOR TORTURE, WHICH WOULD BE A VIOLATION OF U.S. LAW.
HOW DO YOU RESPOND TO SPECIFIC ALLEGATIONS THAT DETAINEES ARE SUBJECTED TO SLEEP DEPRIVATION, BEING FORCED TO STAND FOR LONG PERIODS OF TIME, AND HAVING BRIGHT LIGHTS SHINED ON THEM?
Z AGAIN, I AM NOT GOING TO DISCUSS THE DETAILS OF HOW WE FIGHT THE WAR ON TERRORISM. U.S. GOVERNMENT PERSONNEL ARE NOT PERMITTED TO TORTURE DETAINEES OR PARTICIPATE IN TORTURE BY OTHERS. THEY CONDUCT THEMSELVES IN A MANNER THAT COMPLIES WITH APPLICABLE LAW.
DOES THE UNITED STATES DELIBERATELY HAND OVER DETAINEES FOREIGN POWERS KNOWING THEY WILL BE TORTURED DURING INTERROGATIONS? TO
Z IN CASES WHERE THE UNITED STATES TRANSFERS DETAINEES TO OTHER COUNTRIES FOR DETENTION OR QUESTIONING ON OUR BEHALF, WE SEEK AND RECEIVE ASSURANCES THAT DETAINEES WILL NOT BE TORTURED.
(IF ASKED ABOUT SPECIFIC TRANSFEREE COUNTRIES)
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Z I WILL NOT DISCUSS ANY SPECIFIC DETAILS ABOUT CONDUCT OF THE WAR ON TERRORISM, INCLUDING DETAILS ANY TRANSFER OF DETAINEES TO .THIRD COU~TRIES. THE CONC ERNING

IF THE UNITED STATES REFUSES TO CHARGE DETAINEES WITH CRIMES, AREN'T YOU LEGALLY REQUIRED TO RELEASE THEM?
Z THE UNITED STATES AND ITS COALITION PARTNERS ARE AT WAR WITH AL-QA'IDA AND ITS SUPPORTERS; A WAR WHICH WE DID NOT START. INTERNATIONAL LAW HAS LONG RECOGNIZED THE RIGHTS OF STATES TO DEFEND THEMSELVES AND DETAIN ENEMY COMBATANTS UNTIL THE CESSATION OF HOSTILITIES. THIS HAS BEEN THE PRACTICE OF THE U.S. AND ITS ALLIES IN EVERY MODERN WAR.
Z IN THIS, AS IN ALL WARS, IT IS IMPOSSIBLE TO PREDICT WHEN HOSTILITIES WILL END. DESPITE OUR EFFORTS, AL-QA'IDA AND ITS SUPPORTERS CONTINUE TO ATTEMPT TO ATTACK U.S.
CITIZENS AND INTERESTS, OUR FRIENDS AND ALLIES.
Z AL-QA'IDA AND ASSOCIATED TERRORIST GROUPS STILL PRESENT A VERY REAL THREAT TO U.S. CITIZENS, SPECIFICALLY TARGETING CIVILIANS, AND CONTINUE TO WAGE WAR AGAINST US.
Z THE UNITED STATES HAS THE RIGHT UNDER INTERNATIONAL LAW -AND THE RESPONSIBILITY UNDER OUR CONSTITUTION -TO PROTECT AND DEFEND OUR PEOPLE AGAINST FURTHER ATTACKS.
Z OUR ACTIONS IN THE WAR ON TERRORISM, INCLUDING CONTINUED DETENTION OF ENEMY COMBATANTS, BENEFIT NOT ONLY OUR PEOPLE, BUT ALL PEOPLE WHO COULD BECOME TARGETS.
Z SOME HAVE ERRONEOUSLY CLAIMED THAT THE UNITED STATES IS VIOLATING DOMESTIC AND INTERNATIONAL LAWS THAT PROHIBIT THE
"INDEFINITE" DETENTION OF INDIVIDUALS WITHOUT TRIAL. THIS
FAULTY ASSUMPTION HAS LED SOME TO PRESSURE THE U.S. GOVERNMENT TO' EXPEDITE INTERROGATIONS AND INVESTIGATIONS, AND QUICKLY DECIDE THE FATE OF ALL ENEMY COMBATANTS. THERE IS BROAD AUTHORITY UNDER THE LAWS AND CUSTOMS OF WAR TO DETAIN ENEMY COMBATANTS, WITHOUT ANY REQUIREMENT TO BRING CRIMINAL CHARGES WHILE HOSTILITIES LAST. CRIMINAL LAW PROVISIONS, WHETHER IN THE U.S. OR ELSEWHERE, SIMPLY ARE NOT RELEVANT HERE.
Z AL-QA'IDA IS A TERRORIST ORGANIZATION, UNLAWFULLY ENGAGED IN AN ARMED CONFLICT TARGETING CIVILIANS AND MILITARY PERSONNEL AND OBJECTS AROUND THE WORLD. AL-QA'IDA'S CONDUCT FLAGRANTLY VIOLATES EVEN THE MOST FUNDAMENTAL LAWS AND
E'gge; 5

IDJCLJt~~IPIYD
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CUSTOMS OF WAR. IN ADDITION TO UNLAWFULLY TARGETING
CIVILIANS, AL-QA'IDA'S METHODS AND MEANS OF WAGING WAR ARE AT
ODDS WITH EVERY REQUIREMENT APPLICABLE TO LAWFUL ARMED FORCES.

Z WE CANNOT HAVE 'AN INTERNATIONAL LEGAL SYSTEM IN WHICH
HONORABLE SOLDIERS WHO ABIDE BY THE LAW OF ARMED CONFLICT AND
ARE CAPTURED ON THE BATTLEFIELD MAY BE DETAINED AND HELD
UNTIL THE END OF A WAR, BUT TERRORISTS WHO VIOLATE THE LAW OF
ARMED CONFLICT MUST BE RELEASED AND ALLOWED TO CONTINUE THEIR
BELLIGERENT, UNLAWFUL, OR TERRORIST ACTIVITIES. SUCH A LEGAL
REGIME WOULD SIGNAL TO THE INTERNATIONAL COMMUNITY THAT IT IS
ACCEPTABLE FOR ARMIES TO BEHAVE LIKE TERRORISTS.
WHY DOES THE UNITED STATES STILL REFUSE TO GRANT ALL
DETAINEES "FOW STATUS?" DOESN'T THIS VIOLATE ARTICLES 4 AND
5 OF THE THIRD GENEVA CONVENTION?
Z MEMBERS OF THE TALIBAN AND AL-QA'IDA ARE NOT ENTITLED
TO PRISONER OF WAR STATUS UNDER THE THIRD GENEVA CONVENTION.
THAT PRIVILEGE EXTENDS ONLY TO SOLDIERS WHO THEMSELVES
OBSERVE THE LAW OF ARMED CONFLICT AND COMPLY WITH THE
PROVISIONS OF THE GENEVA CONVENTIONS.
Z IT IS IMPORTANT TO THE RULE OF LAW THAT WE NOT ACCORD
AL-QA'IDA AND THE TALIBAN, OR ANY OTHERS WHO FAIL TO ABIDE BY
THE LAW OF ARMED CONFLICT, THE RIGHTS AND PRIVILEGES OF THOSE
WHO DO. DOING SO WOULD DISSERVE THE WORLD'S INTERESTS BY
DIMINISHING THE PRINCIPLES EMBODIED IN THE GENEVA CONVENTIONS
AND COULD EVEN ENCOURAGE ARMIES TO BEHAVE LIKE TERRORISTS.
Z NONETHELESS, DETAINEES ARE KEPT SAFE, AND ARE PROVIDED
WITH EXCELLENT MEDICAL CARE AND NUTRITION. DESPITE WHAT THE TERRORISTS DID TO INNOCENT AMERICANS AND OTHERS -AND ARE CONSTANTLY PLOTTING TO DO AGAIN -U.S. GOVERNMENT PERSONNEL ARE NOT AUTHORIZED OR PERMITTED TO TORTURE THEM.
Z THE US WILL NOT WAVER IN ITS COMMITMENT TO PROTECT ITS
CITIZENS, FRIENDS, AND ALLIES. WE WANT TO FIND THOSE
INDIVIDUALS RESPONSIBLE FOR PAST ATTACKS, PREVENT FUTURE ATTACKS, AND DEFEAT TERRORISM AND TERRORIST ORGANIZATIONS,
INCLUDING AL-QA'IDA AND ITS SUPPORTERS.
QUESTIONS HAVE BEEN RAISED ABOUT SPECIFIC CASES OF MISTREATMENT, INCLUDING THE REPORTED DEATHS OF TWO DETAINEES UNDER U.S. CONTROL IN AFGHANISTAN
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Z U.S. OFFICIALS INVESTIGATE INJURIES TO DETAINEES. REPORTS OF MISTREATMENT OR
Z ON DECEMBER 17, 2002, THE UNITED STATES ANNOUNCED THAT IT HAD INITIATED AN INVESTIGATION INTO THE DEATHS OF TWO DETAINEES HELD BY U.S. ARMED FORCES IN AFGHANISTAN. THIS INVESTIGATION IS ONGOING AND WE WILL NOT DISCUSS ANY DETAILS ABOUT IT.
Z U.S. ARMED FORCES TREATMENT OF DETAINEES. ARE WELL TRAINED IN THE PROPER

WHY HAVE SOME DETAINEES BEEN RELEASED? WILL MORE DETAINEES BE RELEASED?
Z AS APPROPRIATE, THE UNITED STATES MAY RELEASE
INDIVIDUALS WHO NO LONGER POSE A THREAT TO OUR COUNTRY OR OUR
INTERESTS, OR WHO OTHERWISE NO LONGER REQUIRE DETENTION UNDER
U.S. CONTROL.
Z DEFENSE SECRETARY RUMSFELD HAS STATED HIS INTENTION NOT
TO HOLD ANYONE LONGER THAN NECESSARY. TO THAT END, OUR
DEPARTMENT OF DEFENSE HAS PROCEDURES IN PLACE TO ASSESS,
SYSTEMATICALLY AND PERIODICALLY, THE GUANTANAMO DETAINEE
POPULATION AND DETERMrNE, AMONG OTHER THINGS, IF CONTINUED DETENTION IS NECESSARY FOR EACH INDIVIDUAL.
Z THE DEPARTMENT OF DEFENSE HAS ALREADY APPROVED THE RELEASE OF A NUMBER OF DETAINEES AT THE GUANTANAMO BAY DETENTION FACILITY AND ANTICIPATES THAT THERE WILL BE ADDITIONAL DETAINEE RELEASES IN THE FUTURE.
Z IT IS IMPORTANT TO STRESS THAT THE DOD ASSESSMENT
PROCESS IS DELIBERATE, THOROUGH, AND TIME-CONSUMING.
FUNDAMENTALLY, WE MUST ENSURE THAT THE RELEASE OF AN ENEMY
COMBATANT DOES NOT CREATE A SECURITY RISK TO THE UNITED
STATES, ITS ALLIES, OR OTHERS. WE WILL ABIDE BY APPLICABLE
U.S. LAW AND THE LAW OF ARMED CONFLICT, AS APPLICABLE, BUT WE WILL NOT COMPROMISE THE SECURITY OF AMERICANS OR OTHERS WHO MIGHT FALL VICTIM TO INTERNATIONAL TERRORISTS RELEASED PREMATURELY.
Z PRIOR TO ANY RELEASE, CONSISTENT WITH MILITARY
REQUIREMENTS, THE DEPARTMENT OF DEFENSE GENERALLY NOTIFIES THE RECEIVING STATE AND THE ICRC IN ORDER TO ENABLE THEM TO MAKE NECESSARY ARRANGEMENTS PRIOR TO THE DETAINEES, DEPARTURE FROM GUANTANAMO.
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Z BEYOND THAT, THE U.S. GOVERNMENT WILL NOT DISCUSS SPECIFIC TRANSFERS OR RELEASES SO AS TO MAINTAIN THE SAFETY AND PRIVACY OF THOSE WHO HAVE BEEN DETAINED AND ,THE SECURITY OF U.S. OPERATIONS IN THE WAR ON TERRORISM.
IF DETAINEES ARE RELEASED, DOES SHOULDN'T HAVE BEEN DETAINED IN THAT SUGGEST THAT THE FIRST PLACE? THEY
Z NO. THE DETAINEES WERE CAPTURED DURING AN ARMED CONFLICT BECAUSE THEY WERE ENEMY COMBATANTS. THEIR CAPTURE AND DETENTION ON THAT BASIS IS PROPER. DURING THEIR DETENTION, WE ASSESS -AMONG OTHER THINGS -THEIR POTENTIAL TO REMAIN A THREAT TO U.S. SECURITY, AVAILABLE INFORMATION CONCERNING WHETHER THEY MAY HAVE ENGAGED IN THE COMMISSION OF WAR CRIMES, AND THEIR POTENTIAL TO SUPPORT OR PARTICIpATE IN FUTURE ACTS OF TERRORISM OR COMBATANT ACTIVITIES. BASED ON THESE AND OTHER CONSIDERATIONS, WE HAVE CONCLUDED THAT SOME COULD BE RELEASED UNDER CERTAIN CONDITIONS.
Z THOSE DETAINED AT GUANTANAMO WERE SENT THERE FOR A ' REASON. AS WE HAVE STATED NUMEROUS TIMES, WHEN THE ARMED CONFLICT ENDS, AND/OR AN ENEMY COMBATANT IS DETERMINED TO NO LONGER POSE A THREAT, AND HAS NO MORE INTELLIGENCE OR LAW ENFORCEMENT INFORMATION OF VALUE, HE WILL BE RELEASED OR TRANSFERRED TO THE CONTROL OF ANOTHER GOVERNMENT. POWELL
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