u.s.
U.S. Department
Department of
of Justice
Justice

USDOJ Seal

Office
Office of
of Legal
Legal Cqunsel
Counsel

-----------------_.
Office of
of the
the Principal
Principal Deputy
Deputy Assistant
Assistant A1tomcy
Attorney General
General
Office

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

November 7,
7, 2007
2007

Counsel
Associate General Counsel
Central Intelligence Agency
Agency

De~

)

We are in receipt of
of your November 7,2007,
7, 2007, letter regarding the interrogation of
and our Office
Office has had various discussions with you today and yesterday_
yesterday.
of 1700 EST.,
E.S.T., November 7,2007,~ill
7, 2007,
will
You have informed us that as of
have been
subjected to
the
technique,
as that technique is
the
technique, as
sUbjected
Office has concluded that
the
application of
bfthe
. described in CIA guidelines. This Office
technique
complies with applicable legal
techilique for a period of
o~complies
subject to specified
specified conditions and safeguards. See
See Memorandum
Memorandum tor
for John A.
requirements, subject
Rizzo, Acting General Counsel, Central Intelligence Agency, Application
Application ofthe
of the War Crimes Act,
the Detainee
Detainee Treatment
Act, and
Treatment Act,
and Common Article 3 ofthe
of the Geneva
Geneva Convention
Convention to Certain
Certain
the Interrogation
Interrogation ofHigh
of High Value
Value Detainees
Detainees (July
(July 20,
20,
• Techniques that MayBe
May Be Used by the CIA
CIA in the
2007).. In that
thatopinio
we recognized
reeo . edthat
that the
the CIA
CIA contemplated
contemplated the possibility of
of applying the
2007).
opinion, we
We advised, however, that "should the CIA
technique for up to
to
We
advised,
determine that it would be necessary for the Director of
the CIA to approve an extension_
extension
ofthe
with respect
respect to
t.o a particular detainee, this Office
Office would provide additional
with
guidance on the
application of
legal standards to the facts of
that particular
case." Id,
the:application
oflega!
ofthat
particular ea.<;e."
Id at 8 n.7.
Under
after
seeking
Under CIA guidelines.,
guidelines, the Director
Director would approve extensions of
o~afteT
seeking·
. guidance from this Office
Office as to the legality of suchan
such an additional period, considering the current
psychological condition
condition of
of the detainee and the need for
for such an extension.
physical and psychological

Yesterday
Yesterda . we
we advised
advised you
au that the Director
Director could
could legally
legally authorize
authorize extending
extending the
1700 E.S.T., November 7,2007.
until 1700
Today
you
have
requested
further
legal
guidance
with,
regard
to an additional extension
au h.ave T~qU. ested fu:-ther
?Ui~ance witI~itiona~ext~~~
. oda
to
authonze
the
contmued
applicatIOn
ofthe_techll1que
to
authorize the continued application of the
technique _ _.•
1700 E.S.T;,
E.S.T~ November
November 8,
8,2007.
As set
set forth
forth below,
below, we
we conclude
conclud,e that
that the
the additional
until 1700
2007. As
period of
of authorization
authorization requested
requested would
would comply
comply with
with all applicable
applicable legal
legal standards, including
induding the
period

. This
This memorandum
memorandum is.
is. classified
classified in its entirety.
,

federal anti-torture statute;
statute, the War Crimes Act,
Act, the Detainee Treatment Act, and Common
Common
as interpreted by the President in Executive Order 13440
13440
Article 33 of the Geneva Conventions, as
20, 2007).
2007).
(July 20,
You have informed us that medical and psychological personnel have examined
examined _
_
and determined him not to be suffering
suffering from any physical or psychological
psychological
described
as "alert, cooperative,
cooperative,
contraindications. Psychological personnel have describe~as
and as exhibiting "no evidence of incoherence,
oriented, and responsive to all questions" arid
inattention, or confusion." See Letter f
for Steven
G. Bradbury,
Attorney
inattention.,
o
~Acting Assistant Attorney
Associate Associate General Counsel
Counsel,
General, Office of Legal Counsel, from
Central
Intelligence
Agency
at
3
(Nov.
7,
2007).
According
to
psychological
personnel
.Centrallntelligence
7,2007).
personnel,_
impaired."
Id at 4. intact,"
During and his
psychological
examination
didand judgmentindiccate
memory
"appear[s]
"capacity for common
sense reasoning
is' not
impaired." Id at 4. Durin
s cholo .cal examination
did indicate

In

In addition, you have
have informed us of
of the important need for continuing the technique.

~emains
resolute in
remains
in resisting interrogation.,
interrogation, and ell\.
CIA. professionals believe him to continue
to adhere to a well-developed, robust, and capable resistance strategy.
strate . The CIA continues to
believe tha
that

assess information
may a possess
information on

Based on your report, we conclude that the requested
would would be
consistent with aU
applicable
law.
_
d
o
e
s
not
appear
to
be.
suffering
all
does not
be suffering from the physical and
the applicable
applicable legal
legal constraints.
constraints. The
The
psychological conditions that wou!di:Piicate
would implicate any ofthe
continuation ofthe
of the technique, based on the information
information you have provided us, also would be in
close service ora
persoIUlel will
of a highly important governmental
governmental need. We understand that CIA personnel
administer the technique under the procedures and safeguards
safeguards described in
in this Office's
Office's July 20,
opinion.. Specifically,
Specifically, we understand that the technique will be immediately
immediately discontinued if
if
2007 opinion.
at any time during
during the period of
of extension,
extension> any of
of the psychological
psychologicaJ or medical
medical contraindications
present themselves, as described in the July 20 opinion.
.
.
if we may be of
of further
further assistance.
Please let us know if

Steven G. Bradbliry
Bradbury
Assistant Attorney
Attorney General
Principal Deputy Assistant

2·