Memorandum for John A. Rizzo, Senior Deputy General Counsel, Central Intelligence Agency, Re: Application of 18 U.S.C. §§ 2340-2340A to the Combined Use of Certain Techniques in the Interrogation of High Value al Qaeda Detainees [May 10, 2005]   [open pdf - 6MB]

This U.S. Department of Justice, Office of Legal Counsel Memorandum for John Rizzo, Acting General Counsel of the Central Intelligence Agency was recently declassified and discusses the legality of torture and interrogations techniques. The following is taken from the memo: "In our Memorandum for John A, Rizzo, Senior Deputy General Counsel, Central Intelligence Agency, from Steven G, Bradbury, Principal Deputy Assistant Attorney General, Office of Legal Counsel Re: Application of 18 U.S, C. §§ 2340-2340A to Certain Techniques That May Be Used in the Interrogation of a High Value al Qaeda Detainee (May 10, 2005)('Techniques'), we addressed the application of the anti-torture statute, 18 U.S.C, §§ 2340- 2340A, to certain interrogation techniques that the CIA might use in the questioning of a specific a1 Qaeda operative. There, we considered each technique individually. We now consider the application of the statute to the use of these same techniques in combination. Subject to the conditions and limitations set out here and in Techniques, we conclude that the authorized combined use of these specific techniques by adequately trained interrogators would not violate sections 2340-2340A. Techniques, which set, out our general interpretation of the statutory elements, guides us here. While referring to the analysis provided in that opinion, we do not repeat it, but instead presume a familiarity with it. Furthermore, in referring to the individual interrogation techniques whose combined use is our present subject, we mean those techniques as we described them in Techniques, including all of the limitations, presumptions, and safeguards described there."

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