<p>This letter is the CIA's response to questions raised by Daniel Levin, OLC, regarding the use of waterboarding. The letter describes the CIA's limits in administering the technique. [OLC Vaughn Index #72]</p>
. T ()OEMT/ HANDLE VIA . amtrafladigImmAgNy j NA: ommy ec MshingWAC,20Mi 5 August 2004 Transmitted by Secure Facsimile Dan Levin Acting Assistant Attorney General Office 'of Legal Counsel . Department of Justice Washington, DC 20530 Dear Mr. Levin; ( ) This letter responds to the questions you and members of your office raised in a meeting yesterday with officers from the DCI Counterterrorist Cilter regarding use of the waterboard as an interrogation technique. Specifically, you asked whether the Agency had limits inplace for the duration of each application of water, for each session of .the waterboard, for how many waterboard sessions may-be held in any one day and for how many days the waterboard technique could be applied. Answers to your questions follow_ ) Our gaidelines, a, Approvals for use of the waterboard last for only 30 days. During that 30-day period, the waterboard may not be used on more than 20 days during that 30-day period. b. The number of waterboard sessions on a given day may not exceed four. c. A waterboard Paession" is the period of time in which & subject is strapped to the waterboard before being removed, It May involve multiple applications of water. You were informed yesterday that our Office of Medical Services had established a 20-minute time limit for wsterboard sessions. That was in HANDLE VIA TOPA1CP.ET/ DOJ OLC 001093 TOP.,aKe5;Ti, EANDLZ'V/A . 170/NTLY Dan Levin, Esq. error. OHS has not established any time limit for a watefbcard session, d. An °application" during a waterboard session is the time period in which water is poured on the cloth being held on the subject's face. • Under the DCI interrogation guidelines the time of total contact of water with the face will not exceed 40 seconds. The vast majority of applications are less than 40. seconds, many for fewer than 10 seconds. Individual applications lasting 10 seconds or longer will be limited to no more than 10 apolications during any one waterboard session_ (W/POU0) If you have any questions, or Would like briefings, please contact! , He will obtain answers and/or arrange those briefings.. Sincerely, Associa Gene al Counsel HANDLE VI ' } TO ECRET// /MR1 DOJ OLC 001094