Go To Overview Pages l g 1 Chronology Pages 0 62 3 8 9 4 3 Approved for Rte-tease 2014 09f1 1 006238943 I The Director 1 4 0 _Wtshingloo D C 20505 4 June 2004 14533on FOR The National Security AdVis or i 4 o SUBJECT Roview of CIA Intergogation Progfam 14 6 1 Wi i Action Requested This memorandum requests opportunity the National Security Council Principals and the apponney General in particular affirm on its continuing legal a d Pdlicy Sapport to 14 9 and-duressintarmgmon as part of it5 in orr3 tion program of High-Value Dominoes 5 43m - 2 To datet as reflected in contamporaneo waocun ntation CIA has relied in good faith on the undefsgonding_tnat the Depargmeng pf Jnopice had concluded that the techniqye anthorized to others oonoistent with the of to the Conntitution In the past week hiczmovor_a ye have boon informed'b the Department of Justice that it has not completed its legal analysis of that issue and that all it'is prepared to say at thi rnoiht in that the requircmonc$ 0f the Constitution do not applf to o liens oVerseas This position raises serious questions about the appropriateness of utilizing the Attorney General approved interrogation techniques in future cages In addition it raises serious questions about the continued validity-Of the Administration's previous public statements including in particular the 25 June 2003 statement made on behalf of the Adndnistration by Department of Defense General Counsel William J Haynes zr po Sgnotor Eotpick Leahy to she it saves-sail - 3 50 det ai e s ra may imm mw WMMv 3 E0 13526 i fwmmem Olga 31 Approved for Release 2014 09 11 006238943 Go To Overview Pages 1 g C06238943 ea 4o 1 4 0 1 4 0 continuing worldwide counterterrOrist efforts In Congress 1 4 c h u _ H mmi am I SUBJECT Review of CIA-Interrogation Program with the prevent the cruel unusual and inhumane Eteetmeni or punishment prohibitea- iey' em Fifth Eighth a'na-jpourteenth 'Amendmept's 'ti-ci the Constitdtion of the U itea etetes i emphaeis'adaearg 3- I'Background- As you know beginning in' September zodiwt eminstice'Department authorized CIA in its - discretiOn to employ on selected HVDs what have been termed 'etress and duress techniques including sleep deprivation stress positions and physical contact such as facial and hdeminal slaps and the waterboard which for the purposes of brevity this memo will hereafter-refer to as the 'Progrem ' In carrying out the Program CIA has reserved use of these and other such similar techniques to elicit ongoing threat information from-the most hardcore senior terrorist figures theeqheye been captured- men such as_Khelid Sheik mnhammad 3bu rzubeyd hjrane'nambali From the outsee the pelicg to employ these xe iewed and endotsedfbg genie e ministration Peli w kei f in Aegean 2992 the VEE he esieehti the Oeunsel to G eraeaa giyopawese rieied and with Eh iast y argthe'me b is bf the Prin i ai ' o iotee'wefe b igfed the beui nhtion l'n the of the dongfessional IntelligeHce comhitCEes of the exiStenoeVana'h ture of the gain in'September 2003 4 TTSJ Reason for Seeking Principals' Review I continue tombeliei wthat we can maintain the secrecy and compartmentation of our program That said it is obvioue that the recent public revelations of-mistreatment o Iraqi detainees at Abu Gharaib'prison have generated intense scrutiny in the Congress and the media about the legal and policy standards the Adndnistration has followed eith respect to detainees it has held in Ireq grewing out of the war and its aftermath Perhaps inevitably this focus is now expanding beyond detainees in Iraq to those detainees being held by the US elseWhere as part of its the intelligence committees have signaled their intention to review all existing Administration poliCies and practices in its 2 wwm_wu wmwum 35 Go To Overview Pages 1 g ChronOlOgy Pages Approved for Release 2014 09 11 C06238943 14 2 3 5 c m a 1 4 6 SUBJECT Fm Review'of cm InterrOQation Program treatment'of detainees worldwide -indeed Senator Leehy Sent a letter tb me some months-ago seeking-AdmihiStration clarification on this very issue that has to be responded to and more such letters are sure to come now Moreover as you are well aware -in the wake of the Abu Gharaib revelations the International-Committee of the Red Cross tone is pressing for an AdminEStratioo reaponse to two letters it sent earlier this year asking specific and pointed questions about the treatment accorded particular detainees to whom the ICRC has not been granted accessw including KSM and other HVDs-who remain in CIA custody and undet thesame timeJ - 1 _mh n ftbemeaea 1th aiming ch 1 i has 1x c I 1 1 1 outside of the Iraq arena to include mm 5 of the Program - S Finally I am concerned because in recent days the OffiCe of Legal'Counsel the Department - of Justice has equivooated on one of the bedrock'legal principles we understood to have been established up to noww that the_2rogrem'is not at odds with the Administrationfs policy steted in a letter to 33t0 h 3h s1359 year gg el a i goblic all detai geSZEBdon ogt ellzintefiogetionsq wherever they mey_% mom leemmer 7 If the CDC iS'how willing -apgly t9 eiiens Principals need to knowithat FESpeoialiy since that was a-k y part of the Program l briefing the J 1_4u3 6 i j Given all of this increased scrutiny now upon us in E em ke of the recent revelations about trEatmERt of prisoners in Iraq and all of'the questions the AdministratiOn is being asked I strongly beliBVe that_the Administration needs to new review its previous legal and policy positions with'respect to detainees to assure that we all speak in a united and unambiguous voice abOut the continued wisdom and efficacy of those positions in light of the current controvers I believe-just gna have as obligation to all of the era ohgoing war'ageipst terrorism Go To Overview Pages__1 2 3 Chronology Pagos 2 2 2 1911 0 62 3L8 9 4 3 Approved for Release 006238943 1 403 3 35 6 Tor-seem Mom I 11 4 0 SW 3m Review of cm Interroyhtion Program those giving their efforts towards locating captering and interrogating terrorist leaders 4 0 governmexgt tor all of these reasons I respectfully reques't a Principal Meeting at the earliest unpertunity to review and reaffirm the 111311 of its aspects 1 4 c 3 5 13 wmm_ 0191 mm Approved for Release 2014109111 006238943 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