I~
USDOJ Seal

U.S. Department
Depar1ment of
of Justice
Office
of Legal Counsel
Office of
Otlice
Office of the
the A.;sislant
Assistant Attorney General

WaslJingcoll,
Washington,D.C.
D.C. 20530
20530

June 11,2009

lYfEMORANDUM
ATTORJ.~EY GENERAL
MEMORANDUM FOR THE ATTORNEY

Re: Withdrawal ojOjfice
of Office ofLegal
of Legal Counsel
Counsel Opinion
Sections 3(a) and 3(b) of Executive Order 13491 (2009) set forth restrictions on the use
of interrogation methods. In section 3(c) of that Order, the President further
further directed that "unless
the Attorney General with appropriate consultation provides further
nJrther guidance, officers,
employees, and other agents of the United States Government may not, in conducting
interrogations, rely upon any interpretation of
interrogation ....
of the law governing interrogation
. . issued by the
of Justice between September 11,
11, 2001,
2001, and January 20,
2009," We have previously
Department ofJustice
20,2009."
the Office
noted that this direction encompasses, among other things, four opinions of
oftlle
Offlce of
of Legal
15, 2009. See Memorandum for the Attorney General,
Counsel, which we withdrew on April 15,2009
J. Barron, Acting Assistant Attorney General, Office
Legal Counsel, Re:
from David 1.
Office of
ofLegal
Withdrawal afOffice
of Office of
of Legal
Legal Counsel Opinions (April 15,2009).
15, 2009). We have now determined
Withdrawal
determined that
of our Office. See Memorandum for John A.
it also encompasses another opinion of
A Rizzo, Acting
General Counsel, Central Intelligence Agency, from Steven G. Bradbury, Principal Deputy
Assistant Attorney General, Office of Legal Counsel, Re: Application
Application of
of the War Crimes
Crimes Act,
the Detainee
Detainee Treatment Act, and Common Article 3 of
of the Geneva Conventions 10
to Certain
Certain
the
that May Be Used by the CIA
CIA in the Interrogation
Interrogation of
of High-Value
High-Value al Qaeda Detamees
Detainees
Techniques thaI
(July 20, 2007). ~
.

of this opinion for possible public release, the Office
In connection with the consideration of
has now reviewed this additional opinion and has decided to withdraw it. It no longer represents
of Legal Counsel
Counsel. (
the views of the Office of

David J. Barron
Acting Assistant Attorney General