USDOJ Seal

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

- - - - - - - - - - - - - - - - - - - - --------._--------Officc
Office of
of the
the Principal
Principal Deputy
Deputy Assistant
Assistant Attorney General
General

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

November 6, 2007

Associate General Counsel
Counsel
Al'sociate
Central Intelligence Agency
Agency

Dear

in receipt of yourNovember
interrogation of
are Wein arcreceipt
November 6, 2007, letter regarding the interrogation
of
and our Office has had various discussions with
w~
you today and yesterday.
of 1700 E.ST,
E.S.T., November 66, 2007,_will
2007,
will
have been
You have informed us that as ofl700
subjected to
subjected
technique, as that technique is
guidelines.
Office has concluded that
application of
described in CIA gm
e meso This Office
that_application
of the
technique
complies with applicable legal
tecImique
requirements, subject to specified
specified conditions and safeguards. See
See Memorandum
Memorandum for
for John
John A.
Intelligence Agency, Application
the War Crimes
Rizzo, Acting General Counsel, Central lntelligence
Application of
ofthe
Crimes Act,
Detainee Treatment
Treatment Act, and
and Common Article
of the Geneva
Geneva Convention
Certain
the Detainee
Article 3 of
Convention to Certain
Techniques that May
May Be
Be Used by the CIA
CM in the Interrogation
High Value Detainees
Techniques
Interrogation of
ofHigh
Detainees (July 20,
recognized
CIA contemplated
contemplated the possibility
2007). In that opinion, we reco'
ed that the ciA
possibility of
of applying
applying the
for
We
technique for
We advised, however, that "should
"should the CIA
determine that It
it WOll
would bee necessary for the Director of
of the CIA to approve an extension
extension _
with
respect to a particular detainee, this Office
_
with respect
Office would
would provide
provide additional
guidance on the application oflegal
of legal standards to the facts of
that particular
~cation
ofthat
particular case."
ca..<;e." Id.
Id. at
at 8 n.7.
Under CIA guidelines, the .Director
Director would approve extensions of
after
of
after seeking
from this Office
Office as to the legality of
guidance from
of such an additional
additional period, considering
considering the
the current
current
and psychological condition ofthe
of the detainee and the need for such
an extension.
physical and.psychological
suchan
extension_ You
requested legal guidance
with regard to an extension
to _ t
to o authorize
have requested
guidan~
extension of
of up t o
autholize the
application of the
technique
until
17001700 E.S.T., November
2007.
continued applicationofthe_echnique
until
November 7,
7,2007.
We

)

below, we conclude that
As set forth bdow,
that the additional
additional period of
of authorization
authorization requested
the federal
would comply with all applicable legal standards, including
inc1udingthe.
federal anti-torture
anti-torture statute, the
War Crimes Act, the Detainee Treatment
Act,
and
Common
Article
3
of
the Geneva
Treatment
Common Arti.c1e3 oftlle
Geneva
by the President
13440 (July 20,
Conventions, as interpreted by
President in Executive
Executive Order
Order -13440
20, 2007).
2007). You
You

is

memorandum is classified
classified in its entirety.
This memorandum

~/

have informed
informed us that medical and psychological personnel have examined_and
examined
and
determined him not to be suffering
cont~ _
suffering from any physical or psychological contraindications.
remains in control of
of his bodily
movements and has been observed pacing and kneeling while
bodilymovcments
shackled
sbackled in the standing position. In addition, psychological personnel have described him as
suffering from no mental impairments. The Agency's medical and
"alert and oriented" and suffering
psychologicalersonnel
that
i'
'ng, .or
experiencing,
or has
psychological
personnel have noted no indications
that
is
experienced,

In addition, you have informed
informed us of
of the important need for continuing the technique:
remains
interrogation, and CIA professionals
-'emains
resolute in resisting iI+terrogation,
professionals believe him to be
strategy.. The CIA
CIA continu'
continuest to
adhering to a well-developed, robust, and capable resistance strate
believe that
rna ossess informati n )

auld the
be
Based.
Based, on your report, we conclude that the
consistent with all applicable law. _ d o does
e s not appear to bee su
ering from the physical and
suffering
psycholo!:,rical conditions that would implicate any of
psychological
of the applicable legal constraints. The
ofthe
continuation of
the technique, based on the information
information you have provided us, also would be in
close service ofa
govemmentalneed.
of a highly important governmental
need. We understand that CTA
CIA personnel will
administer the technique under theprocedures
the procedures and safeguards described in this Office's
Office's July 20,
. 2007 opinion. Specifically,
we
understand
that
the
technique
will
be
immediately
discontinued if
jf
Specifically,
of extension, any of
of the psychological or medical contraindicatioDs
at any time during the period of
contraindications
present themselves, as described in the July 20 opinion.

)

Please let us know if
if we may be of
of further
further assistance.

Steven G. Bradbury
principal Deputy Assistant Attorney General
Principal

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