e _4-3------------ b 1 C05431975 ' ---------- ----------------- ---- --- ---of - ' PRlliTED Monday December06 004 AT b 3 CODEWORD ' b 5 16 15 DOC 22 TOPSEc ltET HANDLE VIA 30 Noverilber 20q4 cHANNELS Memorandum for the Record EVENT PLACE FOR SUBJECT MEMBERBRlEFlNG B-405 CAPITOL HPSCI INTERROGATIONS A' ITENDEES ASSOCIATION bCII OCA DATE 07m12oo4 TIME 14 15 _STATUS COMPLEJ'ED- ' 'NAME ROLE' SUPfORT MOSKOwrrz STAN Ptjvirr JAMES J M nno L KEY C 2004-00730' BRIEFER SUPPORT GC MULLER SCOTI GOSS PORTER R'FL BRIEFER 'HPSCl HPSCi HPSCIISTAFF HARMMf JANE D-CA REP IG HELGERSON JQHN ' HPSCI ClIAIRMA f STAFF STAFFB SUPPORT' jlxecutiye Summary Summary Text _ S This briefing at the reque it'of D OCA There were three purposes One was for the IG to present his recen report on interrogations and to an w r quos tions The second was for an update on the status 'of the interrogation ' process 'The third purpose was to aUow the General Counsel to infanD them of the legal nd policy issues that had re ently arisen and'give an appreciation of where all that'stood ' was ' D OCA beg the me ting l Y outlining the three' pW'p'Qses of the'meeting ne 10 then briefed his report He said that at r t much went righrlvith the debriefing and interrogation program although the program was put together quickly He briefed from the paper attached He said that there was considerable substantive succesS thousands of reports had been written interrogatii ns ad led to the' exposure and defeat of terrorist cells and terrorists ' Chaitman Gas asked how many' of the reports were strategic and how many were ''tactical'' ' o ' The G iridic ted he was not sure Ms Hannan asked when did we begain llsing ' 'enhanced teahniques The DDO responded that it began with Abu Zabayda The 10 indicated that the interrogations were legal including the use f -enhanced techniques The General Counsel said that effort was working effectively under the DOl I August 2002 ' memo which was the legal foundation for the dellriefings and interrogations The IG indicated that the 1 August memo did no address Article 1 6 of the Convention Against Torture and Other Cruel Inhuman or Degrading Treatment or Punishment AThe article 16that required signatory Sstates to ptevent any territory B bject to their jurisdiction actS of cruel inhuman and degrading treatment or punishment not ainolll ting to torture The que itio was whether CIA's 1 use oflli enhanced techniql es wotil transgress U S 'ohligations under Article 16 The IG indicated he was a1BO bothered in that the DOli August document dill not addresS interrogations as we carned them out He said that for the trSl i i in TOP SECPET C05431975 TUPSECREt mostpaC11 10 l'letainees' were well handled except for the event In No embe 2003 in'which a CIA officer brandished a handgun in front of a detainee He indicated that was the event previously reported to the Chairman and Ranking Democratic Member The DOJ the IG indicated took naactlon on that case It was Ton tnJe that none of the detainees who had died had been subjected to the enhanced techniques The t lhdi alqi that ail deaths we e comrnunicaied 10 the two 0J U1littees j L-__ -r__ ____ ________ IThec Jde thin AIgllanistanl Un which David Passaro a CIA cimtrac tor was involved Passaro was recently indicted on four counts of assault He allegedly beat a person who subsequentlY died It took a period Of time for DOJ t6 move to the indictment because people who needed to be interviewed were sca ered The IG saiil the common link in these cases isthat the Agency 'officers lacked timely guidance training experience arid judgment i'J S-l I The G then turned to the waterbo ard issui He said Iliat tWee people had been interrogated with the waterboard On ane the IG felt it had been used excessivelv be and what the IG thought was the agre ment with DOJ Khalid Sheikh Mohammed KSM got 183 applications IThe IG in'dieated the guidance in cables 'sent to the field evolved over tiine and that the guidance did not get to every body who was involved In debriefing interrogations 'In Janu Iy 2003 the DC o ou rl puin nce seven months 'after the first debriefi gs began ann addre o tl onlv those detained' I Harman asked if we were talkipg about the I IShe- askei why the DCI guidance was late The IG'i dicated that guidance hatl gone out earlier but the real guidance was in Janu Y of2oo3 The DDO explained that aiter 9 11 we were thrown into a fury'of at-tivitv There waS lots of confusiQn over interrogatipns the enhanced program a d what was full '1 authorized AI Ifor instaUe e no one was auth6rized to do interrogations This was also true allL- -____ J indicated th'teverY Instance of wrongdoing was promptiy reported and investigated by the IG He in there was instapce of the IG beitig kept in the dark I e He reaction to the Attorney General's seeming withdrawal bf an earlier opinion that enhanced interrogations did not s lack the conscience arid that tho techniques theraiare were constitutional I IThe Chairman asked whetherl bad stood down in their activities The IG said no Rep Harman noted that thel flid not specify intmn tion ' ann onlv authorized capture and detention She asked whether we had questioned detainees before the I The GC said yes but enlianced techniques had been used efore Abu Zabayda and there was o I Abu Zabayda alid enhanced tecimiques which started in August 2002 In August 2002 lliere was a lengthy unclassified opinion by' DOJ generally discussing interrogations In a separate and classified opinion addressed to John Rizza aOc pOJ concluded the' len eOOc CIA tech lies which included the waterhoard were legal for use with Abu Zabayda - page 2 op C05431975 TOP SEeItE'F 3 l The GC laid out the legal analysk The Attomey-GenernIhad consist tly advised the NSC Pri cipals that the CIA techniques did not violate US statutes mel all obligations under the treaties including Article 16 of the Torture' Convention and would not violate U S constitution standards were those'standards to apply to'aliens ovenieas But the AG's willingness to stand behind these prior statements changed after DoJ'sthe lengthy unclasSified legal memo on interrogations leaked and after the Abu'Ghurayrabib scandal CIA is now seeking to'have DoJ reaffirm its prior written opinion that CIA's techniques doid not vjolate e torture-statute and to issue a n ew written opinion on Article 16 of the Convention Against Torture nnd U S constitutio al standards At the same time CIA is seeking renewed policy approval f oll thee NSC Frinci pals to contimie using the enh mced interrogation techniques 1 W II' RJ 1 lY loskOWm Director of Congression' 1 Mf Distribution J o DAC Official OCA Record J -GC I'D OeA Follow-up AcUon lte IDS A ddltlon I rn orma tion I ' c0543 975 -------------------------------- CO 5431975 ' 1 Cli' soeefI B'fl 2 T P SECRE C0543197 - ' r- ii TOP 3ECI1B'I' ' i 6 1 7 ' 8 9 10 - 3 1'OP SECREti'1 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