Torture Foia Database

An OLC memo from John Yoo to John Rizzo regarding "what is necessary to establish the crime of torture."  The memo states that an individual must act with the "specific intent" to inflict severe mental pain or ...

Refers to Iraq matter. All content redacted.

Refers to mistake of law. All other content redacted.

This legal memo from the Office of Legal Counsel (OLC) of the Justice Department to the Department of Defense analyzes the legal standards governing military interrogations of "alien unlawful combatans" held outside the United ...

This is a heavily redacted version of an OLC memo later released in less-redacted form (at ACLU-RDI 4548).  This unredacted portions of this version of the memo from the OLC to the CIA discuss the anti-torture statute 18 U.S.C. 2340, ...

The memo discusses whether a change to the FISA law would render it unconstitutional under the Fourth Amendment. Specifically it considers and concludes that changing the law from requiring that foreign intelligence gathering be “the ...

This memo considers the use of military force to prevent or deter terrorist activity domestically and concludes that, “the President has both constitutional and statutory authority to use the armed forces in military operations, against ...

A memo from John Yoo to John Bellinger analyzing whether the President may suspend certain articles of the ABM treaty.  The concludes that in both cases proposed, the president may suspend the articles.

An OLC memo concluding that, “the President has plenary constitutional authority, as the commander in chief, to transfer such individuals who are held and captured outside the United States to the control of another country.” ...

An OLC memo concluding that Congress cannot interfere with the President's exercise of his authority as Commander in Chief to control the conduct of operations during war, including his authority to promulgate rules to regulate military ...

An OLC memo concluding that “the military has the legal authority to detain [Jose Padilla] as a prisoner captured during an international armed conflict,” and that the Posse Comitatus Act poses no bar.

An OLC memo concluding that the “the President’s authority to detain enemy combatants, including U.S. citizens, is based on his constitutional authority as Commander in Chief” and that the Non-Detention Act cannot interfere ...

An OLC memo advising “that caution should be exercised before relying in any respect” on John C. Yoo’s October 23, 2001 memo, Authority for Use of Military Force to Combat Terrorist Activities Within the United States. ...

An OLC memo stating that "the purpose of this memorandum is to confirm that certain propositions stated in several opinions issued by the Office of Legal Counsel in 2001-2003 respecting the allocation of authorities between the President ...

An OLC memo concluding that the CIA’s proposed interrogation plan for Abu Zubaydah — which contemplates methods including “insects placed in a confinement box” and “the waterboard” — does not violate ...

An OLC memo concluding that the CIA’s interrogation techniques do not violate the torture statute if used individually.

An OLC memo addressing whether certain enhanced interrogation techniques used by the CIA are consistent with the United States's obligations under Article 16 of the United Nations Convention Agsinst Torture and Other Cruel, Inhuman or ...

An OLC memo addressing whether the combined use of "enhanced interrogation techniques" (including waterboarding) violates the prohibition on torture.  The memo concludes that it would not.

An OLC memo addressing whether the CIA may use 6 "enhanced interrogation techniques" in the interrogation of high value detainees: (1) dietary manipulation, (2) extended sleep deprivation, (3) facial hold, (4) attention grasp, (5) ...

An OLC memo from Steven Bradbury to John Rizzo analyzing whether certain conditions of confinement used by the CIA in covert overseas facilities are consistent with Common Article 3 of the Geneva Conventions.  The conditions are: (1) ...

A letter providing legal advice regarding whether the conditions of detention at certain oversears CIA facilities are consistent with the applicable standards of the DTA.  It concludes that the conditions of confinement did not constitute ...

A letter from the OLC providing legal advice regarding the continued use of sleep deprivation on a detainee. It concludes that continued use would be consistent with all applicable law, and that "the continuation of the technique ...

A letter from the OLC providing legal advice regarding the continued use of sleep deprivation on a detainee.  It concludes that continued use would be consistent with all applicable law, and that "the continuation of the ...

A letter from the OLC providing legal advice regarding the continued use of sleep deprivation on a detainee. It concludes that continued use would be consistent with all applicable law, and that "the continuation of the technique … ...

An OLC memo withdrawing the interrogation memo of July 20, 2007.

A letter from Jack Goldsmith to John Helgerson requesting time to review the descriotion of the OLC's advice in the Special Review before it is sent to Congress.  [OLC Vaughn Index #26]

A letter from Jack Goldsmith to Scott Muller regarding the CIA Inspector General's Special Review of the CIA's interrogation program.  The letter expresses concern at the fact that, according to the Special Review, aspects of the CIA's ...

This letter from Jack Goldsmith to Scott Muller relates to Muller's request that OLC "reaffirm three pages of bullet points" titled "Legal Principles Applicable to CIA detention and Interrogation of Captured Al-Qa'ida ...

This letter from Jack Goldsmith to Scott Muller relates to Muller's request that OLC "reaffirm three pages of bullet points" titled "Legal Principles Applicable to CIA detention and Interrogation of Captured Al-Qa'ida ...

This letter from Goldsmith to Director Tenet requests that the CIA Inspector General’s report be returned to the IG so that edits may be made to the report’s summary of the Attorney General’s statements at a July 2003 meeting ...

This letter from Goldsmith to Muller addresses the use of interrogation techniques on a certain high-value detainee and is a follow-up to 2 previous memos approving 33 techniques (an OLC memo approved 9 and a memo from Secretary Rumsfeld ...