Go To Overview Pages Approved for Release 2014l09 1 l 006238947 DCI Taming-rams CIA Detainee Issues i 2 July 200 4 Pring'gals Meaning 2 twinge Limes As mentioned in the pregelec oo threatgortion our takedown la key al- 1 4 9 Qa'ida facilitator we have 0112 wa or some time He has 0 mm gingiy admitted his identity low after-repeat eing but'ho still claims he is only a poor rug merchant con icted with a terrorist 1 1 4m a Our of cers with ama f rt that heeis eonnten-intenogation' techniques including feigmiig'i s claiming an inability to cemprehend questions having dif culty recalling details and denying eeteblished facts 1 e y IoSt'hi ' m mm etnmee who in nephew of Khalid Shaykh Muhammn positively identi tied I 1 'andeeijd he was a member of 1 4 As with other similar cos FT hate indieer that they would hand over 1 to us on at least a temporeef'l'yliesm 0 Under other circumstances earlier in this war we would have immediately-asked 1 4 6 f to givel W to us and we would have rendered him to another site 1 403 9 We-are not rendering detainees new because we deem want to 119 111 them without - being able to use some of our most e e tive tooia for Mg inteiligc'nee them It has been eome time since we disepssed our prom indeteil Before we go on let me discuss the types of enhaneed techniques-we havensed in the past 0 You should note that we do not nee all of these techniquee inali cieenmetances - Om inten'ogatom and design debrie ng packages eqhanced' techniquee are only are of these packages and we employ them only when we nd that-the detainee re nes to provide inf amnion In addition - these-teohn'iques are used in a gt'adt'lated fashion The Waterboatd te hn'ique fer exemtsle has been used in oniythree signi cant eases Aha Zubaydah and 'Nashiri It was used in thee cases because time were the hardest individuals we had to erotic-with I have a handout for you that iays out in detail sweetly wimt teehniques we employ 0142-78601 I Approved for Reiease 2014 09 11 006238947 Go To Overview Pages 1 g Pages 1 2 is g in Z 8 29 m9 ll c06338947 1 403 1 4 0 1 4 c Approved for Reieasez 2014 09 11 006238947 Our eitpetionoehnn repeatedly shosyn how important these techniques are to leading detainees to reveal infonno on In the case fer eitample he'initiaily re ned to cooperate we initiated useofenhanced meaoures did he reveal actionable information His information resultedin the discovery of operatives in the United Qanda aniopetativeiwho was task with investigating howto Blow op go stationo ihnn and fa mechaninn for alaQn- ida into the United States Paraoha Abu Zubaydah was simila y uncoopem x e'p or to thei tihtion of enhanoeti intenogation teChztiqucs He treated his debriefets with contempt in the early stages of debrie ng - After the use of interrogation measures he grew ovez time into perhapsour most cooperative detainee paSsing information on individualeonoh as Jose Padilla and Rn'mzi bin al-Sh ib h that led to their capone This Will thmhoothelast mninih coming weeks and months that we have this insue to deal with some of thekey playersrin this plot who are operating out of These are the indiVidua'is-whom our someway are actually iotegral to direction - Senior anQa-iidn planners such as Abe ij al Liiai Abd mango alohaqi zand Abu operate out of the nil-tat areas and our informatiOn suggests that Edismptionopcrations are notyetforeing-thcm tooto'p plotting - - We ex'p oot to for the pmposes of locating I and capturin such as those just mentioned - I request the Principals review and provide direction as niatterof law and 1 1 1 4 0 nsoof the ll range moment-trons techniques 33am I To make a fuliy' infomeddedsiom te PrinCipals should be apprised of the fOlldWi g issues That it continuesto bethe Attorney Generai s Opinion that CiA's use of its interrogation techniques do not violate US law prohibiting torture ice the Torture Statute -- That-it continues to be the Attorney Generai'o opinion that these intmogation techniques do not violate any other law s or treaty obligations including Article 16' of the Convention Against Torture which prohibits cruel inhuman or degrading treatment or punishment short of torture - Approved for Reiease 306238947 Go To Overview Pages_l_a 2 Chronology Pages Q Q 2 3 2 l_0 11 c06g38947 Approved for Release 2014IOQI11 006238947 0 Whether the AG's opinions are based solely fact that aliens oVers eas have no rights under Article 16 and the US Constitution or whether he IS proposed to state that these intendgation techniques do not violate the substantive standards of conduct enunciated by courts under the Fifth Bight and Fourteenth Athendmonts to the US Constitution These some standardsaro applied by the US under Article 16 of the Convention Against Torture This later point is particularly important to the CIA o icers who participate tn the interrogation ptogram These of oets may decline to participate timber-if the Attorney General refuses to pmVido them this legal advice Once the Attorney Generziiprovidcs his legalconclusions request the Principal's to determine whether the Agency should continue to use its current interrogation techniques If the-Attorney General declines to address the midpoint You should ask the Principals to We CIA's interrogolion methods while not amotmting to torture would be found by the Attorney General to violate the substantive standards of the Constitution and 3mm that osm on do they want CIA to use those techniques to interrogatel 1 4 0 Approved for Release 2014109 11 606238947 Go To Overview Pages 1 g 3 Chronology Pages 306238947 1 Qm moem fear Gmidmee Ragammg i I 1 mm 3-69 Approved for Release 2914mm 1 00623894 Go To Overview Pages 3_ Chronology Pages 1 g g E g 2 p a pun L 206238947 Approved for Release 2014109 1 006238947 1 1 4 c Iimgoo ama ail 0 13526 Assessed byiwl source on pr -eieciion plot to be involved in or have information on the plot OnerSithe -B tsemorradical I'Ei mic in Pakistan ties to IMU Taliban and Zarani 1 4 c for Release 2014 0911 1 006238947 Go To Overview Pages 1 2 1 4 0 Qaptured' I Ilin Me 'i debriefings not working - His information is perishable the threat IS imminent and he IS available for rendition and interrogation now Wm Approved for Release 2014i09111 006238947 90 9009 10 Go To Overview Pages 1 g 3 ChronOIOgy Pages 19 29 a 5L 5 g Z g 9 1 5 1 306238947 esossr - Attention Grasp Approved for Retease 2014 0911 00623894 used wise Facial Slap open- handed Facial Hold Sleep Deprivation 0 Walling Stress positions Cramped confinement Waterboard '1 Age 1 4 0 These techniques would be used only after interrogation techniques were used and determined to be inadequate The phase could include diapering for r up to 72 hours is'olation white noise or loud music continuous light or darkness and restricted diet Approved for Release 2014109 006238947 1 Go To Overview Pages g 21 Approved for Release 201409111 c0523394 merg em Pest Exeeri'enee 0_ Interrogations have saved American lives - Of the over 50 CIA detainees - 27 would not cooperate until they were interrogated - 16 of those would not cooperate until they were interrogated with enhanced techniques Use of these techniques against other key detainees have yielded significant threat information - The detainees who have provided the most information are KSM and Abu Zubaydah both of whom were interrdgated with the aid of such techniques including the waterboard 1 SSGGEEO 1 4 c I Approved for Release 2014I09f11 306238947 Go To Overview Pagesl 2 Chronology Pagos 1 2 3 10 1 306238947 Approved for Releasa 2014 0911 1 20623894 1 4 0 Why an Ws tutors - - Our people on the front line need clear consistent and reliable guidance - Transparency Consistency with USG policy statements 1- Withdrawal of 11 August 2002 opinion to White House Counsel - Impact of Hamdi and Rasul decisions We C3 9 Approved for Release 2014109111 006238947 Go To Overview Pages 1 i ChronObgy Pages 1 a 3 23 Z 8Approved for Release 2014l 09f11 C06238947 14 0 T'raesperene - Briefing ot'Principals to ensure renewed understanding of and Policy Support for interrogation Program - Briefings of Intelligence Oversight Committees to obtain reneWed Political Support for the Interrogation Program 1 4 a 0 5633153 Approved for Release 2014IE39I11 306238947 Go To Overview Pages g 3 ChronOIOgy Pages is Z 9 9 9 64 7 Approved for Release 006238947 1 4m Cone etenoy - President s 7 Febr ary 2002 Memorandum - our values as a nation calf for us to treat detainees humanely - DOD June 2003 Letter to Senator Leahy US policy to treat all detainees and conduct all interrogations wherever they mavoccur in a manner consistent with the US Constitution - Durbin Amendment to FY05 NDAA - no' person in the custody or under the physical contra of the United States shall be subject to cruel inhuman or degrading emphasis added 1 4c Mamm- 3 Approved for Release 2014mm 006238947 Go To Overview Pages_ 1 2 Pages 194 Approved for Reiease 2014109111 008238947 eesideretions 0 Are ClA s use of interrogation techniques consistent with expressions of current and deveIOping US Policy President s 7 February 2002 memorandum - DOB 30 Letter to Sen Leahy of 25 June 2003 Durbin Amendment to the FY 2005 NDAA - Will ClAis use of the interrogatibn techniques be found lawful Torture Statute Other US laws and treaty obligations including the Convention Against Torture and its Article 16 - If the Constitutional minimums applied 5 h 14 Amendments mpact of recent Supreme Court decisions on rights of detainees 1 4m zeoee'ro Approved for Reiease 2014103111 006238947 Go To Overview Pages 1 2 3 Chronology Pages Approved for Release 2014mm 1 006238947 1 40 wast steeds to as acne NSC Principals approval including DOJ reaffirming that use of specifically identified interrogation techniques do not violate US law prehibiting torture the Torture Statute reaffirming that C-lA- s Interrogation technit iues do not violate other US laws because the techniques were being used only against foreign nationals outside US Jurisdiction Opining on whether any of CiA s specifically identified interrogation techniques violate - the standards of conduct enunciated by couits under the Fifth Eighth and Fourteenth Amendments to the US Constitution T hose same standards are applied by the US under Article 16 of the Convention Against Torture the and the Administration has so stated on a number of occasions Congressional briefings 63 is Approved for Release 2014109 006238947 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