The Senate Intelligence Committee Report on Torture: Committee Study of the Central Intelligence Agency's Detention and Interrogation Program (122 page)

2305.
██████ 10496 (162014Z FEB 03).

2306.
Memorandum for John Rizzo, Acting General Counsel, Central Intelligence Agency, from Jay Bybee, Assistant Attorney General, Office of Legal Counsel, August 1, 2002, Interrogation of al Qaeda Operative (DTS #2009-1810, Tab l).

2307.
[REDACTED] 73208 (231043Z JUL 02); email from: ██████ to: [REDACTED], [REDACTED], █████, subject: Addendum from [DETENTION SITE GREEN], [REDACTED] 73208 (231043Z JUL 02); July 23, 2004, at 07:56:49 PM. See
also
email from: [REDACTED]; to: [REDACTED]; subject: Re: [SWIGERT and DUNBAR]; date: August 8, 21, 2002, at 10:21 PM.

2308.
Letter from Assistant Attorney General Jack L. Goldsmith III to Director Tenet, June 18, 2004 (DTS #2004- 2710). In an August 2003 interview with the OIG, ███ CTC Legal, █████, stated that “every detainee interrogated is different in that they are outside the opinion because the opinion was written for Zubaydah.” The context for █████’s statement was the legality of the waterboarding of KSM.
See
interview of ██████ by [REDACTED], [REDACTED], and [REDACTED], Office of the Inspector General, August 20, 2003.

2309.
Memorandum for John Rizzo, Acting General Counsel, Central Intelligence Agency, from Jay Bybee, Assistant Attorney General, Office of Legal Counsel, August 1, 2002, Interrogation of al Qaeda Operative (DTS #2009-1810, Tab 1).

2310.
Department of Justice Office of Professional Responsibility; Report, Investigation into the Office of Legal Counsel’s Memoranda Concerning Issues Relating to the Central Intelligence Agency’s Use of ‘Enhanced Interrogation Techniques’ on Suspected Terrorists, July 29, 2009, pp. 140–41 (DTS #2010-1058).

2311.
Memorandum for John Rizzo, Acting General Counsel, Central Intelligence Agency, from Jay Bybee, Assistant Attorney General, Office of Legal Counsel, August 1, 2002, Interrogation of al Qaeda Operative (DTS #2009-1810, Tab I).

2312.
██████████ 1396 ██████; █████ 1299 (█████ JAN 04); ██████ 1308 (████ JAN04) ██████ 1312 (████ JAN 04); █████ 1530 (██████ 04).

2313.
Memorandum for John Rizzo, Acting General Counsel, Central Intelligence Agency, from Jay Bybee, Assistant Attorney General, Office of Legal Counsel, August 1, 2002, Interrogation of al Qaeda Operative (DTS #2009-1810, Tab 1).

2314.
█████ 10536 (151006Z JUL 02); ALEC ███ (182321Z JUL 02). After the use of the CIA’s enhanced interrogation techniques on Abu Zubaydah, █████ reported that “[d]uring the most aggressive portions of[Abu Zubaydah’s] interrogation, the combination of a lack of hygiene, sub-optimal nutrition, inadvertent trauma to the wound secondary to some of the stress positions utilized at that stage and the removal of formal, obvious medical care to further isolate the subject had an overall additive effect on the deterioration of the wound.” See ███ 10679 (250932Z AUG 02).

2315.
See
Volume III, including detainee reviews of Abu Hazim and Abd al-Karim.

2316.
As described later, the CIA sought OLC approval for these techniques on July 30, 2004, almost two years after the August 1, 2002, memorandum.
See
letter from ████ CTC Legal ██████ to Acting Assistant Attorney General Levin, July 30, 2004 (DTS #2009-1809).

2317.
Letter from Assistant Attorney General Jack L. Goldsmith, 111 to Director George Tenet, June 18, 2004 (DTS #2004-2710). As described above, the CIA’s presentation to the NSC principals undercounted the frequency with which KSM and Abu Zubaydah were subjected to the waterboard.

2318.
Letter from Assistant Attorney General Goldsmith to CIA General Counsel Scott Muller, May 27, 2004.

2319.
CIA Office of Inspector General, Special Review - Counterterrorism Detention and Interrogation Program, (2003-7123-IG), May 2004.

2320.
May 25, 2004, Talking Points for DCI Telephone Conversation with Attorney General: DOJ’s Legal Opinion Re: CIA’s Counterterrorist Program (CT) Interrogation. This position was confirmed in a June 10, 2004, letter (Letter from Assistant Attorney General Jack L. Goldsmith III, to Scott Muller, General Counsel, Central Intelligence Agency, June 10, 2004).

2321.
May 24, 2004, Memorandum for the Record from ████████, ███ Legal Group, DCI Counterterrorism Center, Subject: Memorandum of Meeting with the DCI Regarding DOJ’s Statement that DOJ has Rendered No Legal Opinion on Whether the CIA’s Use of Enhanced Interrogation Techniques would meet Constitutional Standards; email from: ██████, C/RDG; to: [REDACTED]; cc: Jose Rodriguez, [REDACTED], ███████, [REDACTED], [REDACTED], ███████; subject: Interim Guidance for Standard and Enhanced Interrogations; date: May 25, 2004.

2322.
June 4, 2004, Memorandum for Deputy Director for Operations from Director of Central Intelligence Re: Suspension of Use of Interrogation Techniques. On June 2, 2004, George Tenet informed the President that he intended to resign from his position on July 11, 2004. The White House announced the resignation on June 3, 2004

2323.
Janat Gul’s interrogation is detailed in Volume III and more briefly in this summary.

2324.
Letter from Assistant Attorney General Ashcroft to General Counsel Muller, July 7, 2004 (DTS #2009-1810, Tab 3); July 2, 2004, CIA Memorandum re Meeting with National Security Advisor Rice in the White House Situation Room, Friday 2 July Re: Interrogations and Detainee Janat Gul; July 6, 2004, Memorandum from Condoleezza Rice, Assistant to the President for National Security Affairs, to George Tenet, Director of Central Intelligence, Re: Janat Gul.

2325.
July 29, 2004, Memorandum for the Record from CIA General Counsel Scott Muller Re: Principals Meeting relating to Janat Gul on 20 July 2004.

2326.
The one-paragraph letter did not provide legal analysis or substantive discussion of the interrogation techniques. (
See
letter from Attorney General John Ashcroft to Acting DCI John McLaughlin, July 22, 2004 (DTS #2009-1810, Tab 4).).

2327.
Letter from ███ CTC Legal █████ Acting Assistant Attorney General Daniel Levin, July 30, 2004 (DTS #2009-1809).

2328.
OMS GUIDELINES ON MEDICAL AND PSYCHOLOGICAL SUPPORT TO DETAINEE RENDITION, INTERROGATION, AND DETENTION, May 17, 2004, OMS Guidelines on Medical and Psychological Support to Detainee Interrogations, First Draft, March 7, 2003. The evolution of OMS Guidelines is described in Volume III of the Committee Study.

2329.
Interview Report, 2003-7123-IG, Review of Interrogations for Counterterrorism Purposes, ████████, April 14, 2003.

2330.
Email from: [REDACTED] (███████); to: ██████; subject: Memo; date; March 15, 2004.
See
detainee reviews of Abu Hudhaifa and Muhammad Umar ‘Abd al-Rahman aka Asadallah.

2331.
OMS Guidelines on Medical and Psychological Support to Detainee Interrogations, “First Draft,” March 7, 2003; ██████████ 28246 █████; Interview Report, 2003-7123-IG, Review of Interrogations for Counterterrorism Purposes ██████, April 5, 2003; Interview Report, 2003-7123-IG, Review of Interrogations for Counterterrorism Purposes █████, April 30, 2003; Memorandum for [REDACTED] from [REDACTED] ████████████████████████, November █, 2002, Subject: Legal Analysis of [REDACTED] Personnel Participating in Interrogation at the CIA Detention Facility in █████████████ “[DETENTION SITE COBALT]”). For example, Ridha al-Najjar was reported to have undergone “hanging,” described as “handcuffing one or both of his wrists to an overhead horizontal bar” for 22 hours each day for two consecutive days.
See
Memorandum for [REDACTED], November █, 2002, Subject: Legal Analysis of [REDACTED] Personnel Participating in Interrogation at the CIA Detention Facility in ████████ (aka “[DETENTION SITE COBALT]”. See
also
████ 10171 (101527Z JAN 03), indicating that Abd al-Rahim al-Nashiri “remained in the standing position, with hands tied overhead, overnight.”

2332.
█████████ interview of ████████ [CIA OFFICER 1], December 19, 2002; CIA Interrogation Program Draft Course Materials, March 11, 2003, pg. 28; CTC/RDG Interrogation Program, December 15, 2003, pg. 10. DIRECTOR ███ (251609Z JUL 02). See
also
“Standard Interrogation Techniques,” attachment to email from: ███████; to: Scott W. Muller, John Rizzo, [REDACTED], ███████; subject: revised interrogation discussion; date: July 19, 2004.

2333.
August 11, 2004, Letter from [REDACTED], Assistant General Counsel, to Dan Levin, Acting Assistant Attorney General, Office of Legal Counsel; August 27, 2004, Memorandum for the Record from [REDACTED] Re: Meeting with Department of Justice Attorneys on 13 August, 2004, Regarding Specific Interrogation Techniques, Including the Waterboard.

2334.
As described in this summary, and in more detail in the Committee Study, the source later admitted to fabricating information related to the “pre-election” threat.

2335.
Letter from ███████, Associate General Counsel, CIA, to Dan Levin, Acting Assistant Attorney General, August 25, 2004 (DTS #2009-1809). For Gul’s rendition,
See
█████ 1512 (█████ 04). According to an August 16, 2004, cable, a CIA interrogator did “not believe that escalation to enhanced measures will increase [Gul’s] ability to produce timely accurate locational and threat information.” (
See
████ 1567 ████ 04).) On August 19, 2004, a cable from DETENTION SITE BLACK noted that the interrogation team “does not believe [Gul] is withholding imminent threat information.”
See
█████ 1574 (██████ 04).

2336.
Letter to John Rizzo, Acting General Counsel, CIA; from Daniel Levin, Acting Assistant Attorney General, August 26, 2004 (DTS #2009-1810, Tab 6). In May 2005, the OLC again accepted the CIA’s representations that a psychological assessment found that Gul was “alert and oriented and his concentration and attention were appropriate,” that Gul’s “thought processes were clear and logical; there was no evidence of a thought disorder, delusions, or hallucinations,” and that there “were not significant signs of depression anxiety or other mental disturbance.”
See
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, May 10, 2005, Re: Application of 18 U.S.C. Sections 2340-2340A to Certain Techniques That May be Used in the Interrogation of a High Value al Qaeda Detainee (DTS #2009-1810, Tab 9).

2337.
█████ 1530 (081633Z AUG 04); █████ 1541 (101228Z AUG 04).

2338.
█████ 1567 (161730Z AUG 04).

2339.
█████ 1574 (191346Z AUG 04).

2340.
Letter to John Rizzo, Acting General Counsel, CIA; from Daniel Levin, Acting Assistant Attorney General, August 26, 2004 (DTS #2009-1810, Tab 6).

2341.
Letter from ███████, Associate General Counsel, CIA, to Dan Levin, Acting Assistant Attorney General, August 25, 2004 (DTS #2009-1809).

2342.
Email from: ██████; to: ██████, ██████, [REDACTED], ████████, ██████; subject: could AQ be testing [ASSET Y] and [Source Name REDACTED]?; date: March ██, 2004, at 6:55 AM; email from: ██████; to ██████; cc: ███████, ███████, [REDACTED], █████; subject: Re: could AQ be testing [ASSET Y] and [Source Name REDACTED]?; date: March ██, 2004, at 7:52:32 AM. The fabricated source reporting is described elsewhere in this summary.

2343.
█████ 1411 (██████ 04).

2344.
Email from [REDACTED]; to: ██████, █████, ██████, ████████; subject: re ALEC ████; November 10, 2004.

2345.
CIA “Comments on Detainees,” December 19, 2004, Notes from a CD from [DETENTION SITE BLACK].

2346.
Email from: [REDACTED] (COB DETENTION SITE BLACK); to: ████████; cc: ██████, █████, ██████; subject: re ██████████; date: April 30, 2005.

2347.
Email from: ██████; to: ███████, ██████, ███████, ███████, and [REDACTED]; subject: questions from OLC for Art 16 opinion; date: April 12, 2005; email from: ██████; to: ████████, █████, ██████, ██████, and [REDACTED]; subject: Re: questions from OLC for Art 16 opinion; date: April 14, 2005.

2348.
April 15, 2005, fax to DOJ Command Center, for ██████, Office of Legal Counsel, U.S. Department of Justice, from ███████. ████ Legal Group, DCI Counterterrorist Center, re: Janat Gul.

2349.
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, May 10, 2005, Re: Application of 18 U.S.C. Sections 2340-2340A to Certain Techniques That May Be Used in the Interrogation of a High Value al Qaeda Detainee.

2350.
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, May 30, 2005, Re: Application of United States Obligations Under Article 16 of the Convention Against Torture to Certain Techniques that May be Used in the Interrogation of High Value Al Qaeda Detainees (DTS #2009-1810, Tab 11).

2351.
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, May 30, 2005, Re: Application of United States Obligations Under Article 16 of the Convention Against Torture to Certain Techniques that May be Used in the Interrogation of High Value Al Qaeda Detainees (DTS #2009-1810, Tab 11), citing
Janat Gul Memo
pp. 1–2.
See
April 15, 2005, fax to DOJ Command Center, for ██████, Office of Legal Counsel, U.S. Department of Justice, from ████████, ████ Legal Group, DCI Counterterrorist Center, re: Janat Gul.