USDOJ Seal

u.s. Department
Department of
of Justice
U.S.
Office
Office of
of Legal Counsel

Office
Office of the
the Assistant Attorney General

[fushing/on,
Washington, D.C.
D.C.20530
20530

August 26, 2004

John A. Rizzo, Esq.
Esq.
Acting General Counsel
Counsel
Central Intelligence Agency
Agency
Washington, D.C. 20505
20505
Dear John:
John:
_
You have asked our advice regarding whether
whether the use of
of four
particular interrogation techniques (dietary
(d~ulation,
manipulation, nudity, water dousing, and abdominal
of
would violate any United States statute
slaps) in the ongoing interrogation ot~ould
obligation of
ofthe
(including 18 U.S.c.
U.S.C. § 2340A), the United States Constitution, or any treaty obligation
the
that
a high-value al Qaeda operative who is believed
United States. We understand that_a
believed to
information concerning an Imminent
imminent terrorist
terroris tthreat
possess infonnation
threat to the United States. This letter
techniques
outside territory subject
confirms our advice that the use of these techniques~utside
subject to United
of these provisions. We will supply, at a later date, an
States jurisdiction would not violate any of
opinion that explains the basis for this conclusion. Our advice is based on, and limited
limited by, the
conditions:
following conditions:
---!alhe
use of these techniques will conform
roode iJ_
The
conform to: (i) the representations made
in
_letters
letters to me of July 30,2004
30, 2004 (and attachment) and August 25, 2004; and (ii) the
representations made by CIA officials, including representatives of
of the Office
Office of
of Medical
13, 2004 meeting. Based on that meeting, we understand
Services, during our August 13,2004
understand that
ambient air temperature is the most important determinate for hypothermia in water
water dousing.
Additionally, we were informed that the Agency has based the safety
safety margins set forth
fonh in its
water of
of comparable
water dousing procedures on experience with actual extended submersion in water
41 degrees may be used for short periods of
temperature. Thus, although water as cold as 41
of time,
of these factors and the comparatively slllilll
small amount of
water used, especially compared
in view ofthese
ofwater
to submersion, we were advised that the dousing technique as it will be employed
to
employed poses virtually
no risk of hypothermia or any other serious medical condition. We were further
further advised
advised that the
dousing technique is designed to get the detainee's attention and it is not intended
intended to cause, and
does not cause, any appreciable pain.
2. There is no material change in the medical and psychological facts and assessments for

;'

,.;7 L.,

v-

_in

~

~

in
the the attachment to your August 2 letter, and i~ugust
in
August
25, 2004,
contraindications to the use of
ofthese
letter, in.eluding
including that there are no medical ~chological
or psychological contraindications
these
techniques as you plan to employ them on

on_

3. Medical officers
officers will be present to observ~henever
observe whenever water dousing and/or
subject to dietary manipulation
abdominal slaps are used and will closely monitor him while he is subject
detentio~
(in addition to the normal monitoring orhim
of him throughout his detention)
to ensure that he does not
that can sustain a normal
sustain any physical or mental harm. This includes making sure tha~an
body temperature after dousing and that his intake of
of fluids
fluids and nutrition are adequate.
ugust 25,
25,2004,
4. We understand the
statements
in
August
2004, letter that the
measures are "designed ... to weake
hysical ability and mental desire to resist
weaken
physical
"water dousing sessions, in conjunction
interrogation over the long run" (Letter at 3), and that ''water
motivation to resist
with sleep deprivation, facilitates in weakening a detainee's ability and motivation
consistent with the prior representations we have received
interrogations" (Letter at 4), to be consl'ltent
received -i.e.,
these
techniques
are
not
physically
painful
and
are
not
intended
to,
or
expected
to,
cause any
expected
i.e.,·
tcclmiques
harm. Rather, they are intended to reduce
desire to continue
physical or psychological harm..
reduce~esire
continue to
counter-interrogation techniques he has been utilizing to date. Indeed,
engage in the counter-interrogation
Indeed. you
subtle" than some of
consider these four techniques to be "more subtle"
of the interrogation
interrogation measures used
3.)
to date (Letter at 3.)

~ We express no opinion on any other uses of
of these techniques,
tCMlChniues,

nor do we address any techniques other than these four or any conditions under which
orr
Department of
o· Justice's
usticc's
other detainees are held. Furthermore, this letter does not constitute the Department
policy approval for use ofthe
of the techniques in this or any other case.

Sincerely,

~-

Daniel Levin
Acting Assistant Attorney
Attorney General