OLC Memo: Status of Interrogation Advice

<p>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: &quot;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.&quot; The document also addresses whether the CIA's actions would &quot;shock the conscience, if that standard applies.&quot; The answer to this question is redacted. The letter also makes mention of &quot;24 specific techniques&quot; which were approved for use by the DOD.&nbsp;[OLC Vaughn Index #89]</p>

Doc_type: 
Legal Memo
Doc_date: 
Wednesday, September 1, 2004
Doc_rel_date: 
Sunday, August 23, 2009
Doc_text: 

TOP S CRETE _ _{ JNq RN/MR - MEMORANDUM TO:{ATTORNEY GENERAL DEPUTY ATTORNEY GENERAL FROM:{Dan Levin Acting Assistant Attorney General RE:{Status of Interrogation Advice DATE:{September , 2004 You have asked for an update on the status of interrogation advice. A. GENERAL ADVICE- 1,{Previously Given a..{The primary prior general advice was an unclassified August 1„ 2002 memorandum from Jay Bybee to Judge Gonzales interpreting the torture statute. It contains discussion of a variety of matters that are not necessary to resolving any issues raised to date. 2.{Current Pending a. B.{CIA ADVICE 1.{Previously Given a.{The primary prior advice was a classified August 1, 2002 memorandum from Jay Bybee to John Rizzo discussing ten techniques under the torture statute (attention grasp, walling, facial hold, facial slap (insult slap), cramped confinement, wall standing, stress positions, sleep deprivation, insects placed in a confinement box, and the waterboard). TOPXCRE{ 10F VAIR ti DOJ OLC 001106 TOP S NO RN/MR Current/Pending a. The Attorney General reaffirmed the conclusion as to nine of the techniques (excluding the waterboard) in a July 22, 2004 letter to John McLaughlin. b. In addition, I have written letters as to three detainees to date: r- ithe waterboard is currently subject to the following limits: no more than two sessions a day; sessions on no more than 5 out of 30 days; sessions last no more than two 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] r c. d. CIA has also requested an opinion on whether any of their techniques would "shock the conscience" if that legal standard auntie(' TOPy/RETC DOJ OLC 001107 TOPXCRE'( )Q7/RN/MR C, DOD ADVICE 1.{Previously Given a. There was a classified March 14, 2003 opinion to William Haynes from John Yoo which contains extensive discussion of the torture statute and other matters that is not necessary to resolve any issue. b. In addition, we approved 24 specific techniques the use of which the .Secretary of Defense approved. Although it is not entirely clear to. me when that was done it was reaffirmed, for example, in a July 7, 2004 letter from Jack Goldsmith to Scott Muller (referring to approval of both CIA and DOD techniques) and also in a July 17, 2004 fax by Jack. • 2.{Current/Pending a. TOP S CRE ; NOF RN/MR IC DOJ OLC 001108

Doc_nid: 
6872
Doc_type_num: 
62