C06238939 1 4 c 1 Approved for Release 2014 09 11 006238939 - a I 1 4 c '1otcszexen Isosea f x1 - 5 August 2003 MEMORANDUM FOR THE RECORD Uf 599 - Review of Interrogation Program on 29 July 2003 SUBJECT 1h Isl On 29 July-2001 the no and CIA Genera1 Counsel attended a meeting in the office of national Security Adviser Condoleezza Rice to discuss current past-and future CIA policies'and practices concerning the interrogation of certain detainees held by CIA in the wake of the 11 September 2001 attacks on the United States and in the Nation's war on terror The meeting was an outgrowth o the DCI's 3 July 2003 memorandum to Dr Rice requesting a reaffirmation oi the policies and practices The meeting was attended by the DCI CIA General Counsel Scott w Muller the Attorney General Acting Assistant Attorney General Office of Legal Counsel Patrick Philbin Dr Rice White House Counsel Alberto Gonzales Counsel to the National Security Council NSC John Bellinger-and the Vice President 2 The DCI started the meeting by stating that wanted a reaffirmation of its policies and practices 1 in light of recent White House statements and the resulting media which had created the impression that certain previously authorized interrogation techniques are not used by US personnel and are no longer approved as-a matter of US pgligy and zj inu__ light of the fact th the annual review of as in'process 1 4 c 3 whiter the DCI's introduction Mr Muller_ distributed to each participant a set of briefing slides entitled CIA-interrogation Program 29 July 2003 A copy is I attached hereto as Attachment A Mr Muller walked through the slides with the group page by page explaining orally the substance of what was on each page Each page was raviewed with'the exception of pages 16-17 3 5 c 0065631 Approved for Release 2014 09 11 006238939 C06238939 t4un Approved for Release 2014 09r11 C06238939 1 SQBJECT Review of Interrogation Program on 29 July 2003 i4u$ 4 L Near the outset of the discussion of Legal Anthorities page 2 the Attorney General forcefully reiterated the view of the Department of Justice that the techniques being employed by CIA were and remain lawful and do not violate either the anti-torture statute or US obligations under the Convention Against Torture and Other Cruel Inhuman and Degrading Treatment He said that he had reviewed the 25 June 2003 letter to Senator Leahy from General Counsel William J Haynes II and had reviewed with Patrick Philbin the facts relating to actual CIA interrogations in the past year Having done so he said that CIA practices were entirely lawful and that he agreed with the statement that had been made with respect to those policies and practices in the Haynes letter In the week preceding the meeting CIA had givan'Philbin Bellinger and Gonzales a full briefing'on the facts contained in the slides and in advance-of the meeting Philhin had reviewed all the pertinent facts with the Attorney General 'In the course of the discussion the Attorney General and Pat Philbin gave a explanation of the law and the applicable legal principles Their explanation squares completely with the understanding under which CIA has been operating See previous ajxc Memoranda for the Record by Scot Counsel John 'Rig'zo 3_5 c and related materials 5 There'Was a discussion of the 27 June_2003 ashington Post article reporting that the Administration had pledged not to use 'stress and duress techniques in interrogating_detainees The Vice President asked how the press_ could have gotten such an impression and Huller mentioned both -the President's statement in February 2002 concerning humane' treatment of detainees and the various occasions including 26 June 2003 on which the White House press office had stated that US treatment of'detainees was humane i Judge Gonzales informed the Vice President that the President's February 2002 policy is applicable on1y to the Armed Forces Referring to the statements from the Deputy White House press secretary in response to questions from the washington Post on the oceasion of the President's 26 June 2003 proclamation on United Nations International Day in Support of Victims of Torture Bellinger explained that the press officer had gone off script and had mistakenly gone back to old' talking points The DCI stated 2 0060002 11Kc Approved for Release 2014I09I11 006238939 C06238939 1 4 0 Approved for Release 2014109111 006238939 1 SUBJECT on 29 July 2003 that it was important for the White House to cease stating that US 60vernment practice were humane as that term is'easily susceptible to misinterpretation Bellinger undertook to insnre that the White House press office ceases to make statements on the subject other than that the US is complying with its obligations under US law In or about March Bellinger had made a similar temmitment and reported to the undersigned and to Judge Gonza1es that he had informed Press Secretary Ari Fleischer that the white House press office should not state either that the US was complying with the Geneva Conventions-- which are inapplicable--or was treating all detainees' humanely ' I 6 TISln-There was a brief discussion of the recent letter to Dr Rice from Senator Arlen Specter The Attorney General strongly advised-that the statements in the 25 June 2003 letter to senator Leahy he reaffirmed Addressing the purported misinterpretation of US policy reported in the ashington Post and concern that merely reaffirming the Leahy letter in light of the other statements m de on 26 June and the reporting could be read as acknowledgement of the erroneous view of Administratio _policy reflected in that reporting the Attorney General proposed that the response to-Senator Specter emphasize that the statements in the Haynes response to the Leahy letter were responses_to specific legal questions and had been carefully and-narrowly crafted There was agreement that this approach properly implemented was appropriate 7 In connection with the 'Safeguards' discussion in the briefing slides pages Hr Bellinger explained that CIh's intent and'good faith were important elements of the legal analysis and that the safeguards were intended to reflect that good faith in spirit and reality Mr 9hilbin explained at this point that under the-Eighth Amendment it has critical to look at the purpose of the acts He said that certain_Human Rights groups were citing Eighth Amendment cases including Department of Justice briefs and aclaiming that Fstress and duress' techniques violated_the Eighth Amendment per g3 He explained that those cases including one involving the shackling of a prisoner were inapplicable 3 We- ooswcs 1 4m Approved for Release 2014 09 11 006238939 C06238939 1403 1 '1 1 4 0 'raise concerns was the waterboard Approved for 006238939 SUBJECT Review of Interrogation Program on 29 July 2003 because among other things they involved wanton and maliciouS' punishment whereas the interrogations at issue were undertaken for very different and legitimate purposes 8 -trsi Dr Rice asked about the entry page 7 'Infractions remedied two incidents no harm ' she asked if there had not been a death in connection with the interrogation programs Hr Muller stated that there had been two deaths--both reported to the Inspector General the Criminal Division and Congress--butithat neither had involved the Interrogation Program authorized interrogation personnel engaged in or authorized to engage in interrogations as part of the Interrogation Program or detainees who were the authorized subject of enhanced techniques - 9 st 'Mr Muller explained that the senior leadership of the Intelligence Committees had been briefed The Vice President asked it this included the new leadership Muller stated that it did Mr Muller also stated that CIA intended to do another briefing after the recess 10 In conneCtion with page 8 Interrogation Hethods'l Hr Huller stated that the technique-most likely to Dr Rice asked for a description of the procedure which Mr Huller gave -noting that the Attorney General opinion authorized administrations of up to - 40 seconds 11 1 Mr -Huller summarized the'material on pages 9-12 of the briefing slides stating that they showed that the detainees subject to the use of Enhanced Techniques of one kind or another hadlproduced significant intelligence information that had in the View of CIA professionals saved lives 12 Hr Muller reviewed page 13 of the slides noting in particular_that'three individuals had been the subject of the waterboard The Vice President asked about the relationship between the column entitled 'Sessions' and the column entitled Hr Muller explained Dr Rice commented specifically on the number of times that KSM had been waterboarded 119 Mr Muller stated his understanding that a number of the uses had been for less than the permitted 4 1 4 c Approved for Release 2014 09f11 006238939 0058904 C06238939 1 4 c 1 1 4m -J discussions -Hr Muller'and Hr Bellinger agreed Approved for Release 2014 09 11 006238939 SUBJECT Review of Interrogation Program on 29 July 2003 1 I 40 seconds Patrick Philbin stated that the Attorney General Opinion authorized repetitions of the procedure and the Attorney General stated that he was fully aware of the facts and that CIA was well within' the scope of the opinion and authority given to CIA by that opinion The-Vice President commented on the value of what KSM had provided and noted that KSH had obviously been a tough customer' _ 13 I The DCI stated that it was important for CIA to know that it was executing Administration policy and not merely acting lawfully The Vice President stated and Dr -Rice and the Attorney'General agreed that this was the case hr Muller gtateduthat_ his left the issue of how to deal with the annua mleview process There was a brief discussion of that process in which John Bellinger stated in response to a question from the-Vice President that there was no requirement for a full meeting of the NSC'Principals Judge Gonzales stated that he was certain that Don General Counsel Haynes and by implication the Secretary o Defense was clearly aware of the substance of CIA's program based_on among other review of similar techniques and numerous_ At an earlier meeting-on this subject Judge Gonzales had stated that when the techniques'were first authorized Dr Rice had discussed them with the Secretary of Defense After distussion the Vice President Dr Rice and the Attorney General agreed with the DCI's concurrencel that it was not necessary or advisable to have a full Principals Committee meetinoito r yiew an reaffirm the Program Instead as part of the process some combination of Dr Rice the Vice'President and or Judge Gonzales would inform the President that the CIA was conductinojntertqoations using techniques that could be controversial but that the Attorney General had reviewed and approved them as lawful under US law 3 5 c Scott w M'uller 5 0069 -os 1 4 c Approved for Release 006238939 Approved for Release 2014 09 11 006238939 Hem-1- 1 SUBJECT Review of Interrogation Program on 29 July 2003 mummuu 5 migust 200 In a telephone conversation on 4 August Hr Bellinger informed Hr Muller that Dr Rice was now of the View that the Secretary of State and the Secretary of Defense should be briefed prior to I A plan 1 4 c will be proposed in the next few days 3-5 c H miller MM- -W cosmos 1 4 c Approved for Release 2014 09 006238939 C06238 939 Approved for Release 2014 09 11 006238939 1 4 c SUBJECT Review Interrogation Program on 29 July 2003 i 3 5 c I 4 August 2003 s Scot t re Interrogations oc 3 5 c Distribution 3 Orig - GC signer DDCI EXDIR DDO pgocn SDGC I I 3 5 c I 1 1 4 c - Approved for Release 2014 09111 006238939 0088097 This document is from the holdings of The National Security Archive Suite 701 Gelman Library The George Washington University 2130 H Street NW Washington D C 20037 Phone 202 994-7000 Fax 202 994-7005 nsarchiv@gwu edu