LETTER TO CARL LEVIN FROM MICHAEL V. HAYDEN RE LETTER REGARDING YOUR INTEREST IN THE SO-CALLED "SECOND BYBEE MEMO"

• Document Type: FOIA
• Keywords: MEMBERS
• Keywords: CONGRESS
• Collection: FOIA Collection
• Document Number (FOIA) /ESDN (CREST): 0001525417
• Release Decision: RIPPUB
• Original Classification: U
• Document Page Count: 3
• Document Creation Date: June 24, 2015
• Document Release Date: January 4, 2011
• Case Number: F-2007-02022
• Publication Date: July 12, 2007

(b)(3)
The Honorable Carl Levin
(19 June 07)
Distribution:
Orig - Addressee
1 - D/OCA
1 - COS/OCA
1 - IMO/OCA (Official File Copy)
1 - DAC
APPROVED FOR RELEASE^
DATE: 12-07-2010
 THE DIRECTOR
CENTRAL INTELLIGENCE AGENCY
WASHINGTON, D.C. 20505
The Honorable Carl Levin
Chairman
Committee on Armed Services
United States Senate
Washington, D.C. 20510
12 July 2007
Thank you for your 3 May 2007 letter regarding your
interest in the so-called "second Bybee memo."
As you may recall, during my testimony before the
Senate Select Committee on Intelligence (SSCI) on
6 September 2006, Senator Feingold asked me a question
regarding SSCI Members' access to a CIA Inspector General
(IG) Report from May 2004 regarding CIA's interrogation
program. In response to Senator Feingold's question, I
made clear that I supported access by all Senators to the
entire IG report, which included the second Bybee memo as
an attachment. I did, however, state that "there is an
attachment to that report that is not mine, and that's the
DOJ opinion. But with regard to the CIA IG Report, I'll
turn it over to the Committee leadership as to how they
want to share it with the Members".
Subsequent to my testimony, I learned that CIA's
General Counsel notified the Department of Justice (DOJ) in
2004--before sending the IG Report--that the second Bybee
memo would be attached to the report and sent to Committee
leadership. The DOJ posed no objection at that time.
Since my testimony before you in September, the Department
of Justice (DOJ) has stated that if SSCI leadership has
taken up my offer and "opened up" the IG report to the full
Committee, then DOJ will not block the attached opinion
from being disseminated. I hope this clears up any
confusion on this matter.
Sincerely,
Michael V. Hayden
General, USAF
UNCLASSIFIED
 UNCLASSIFIED
US Classification//Non US//SCI//Codeword//FGI//Dissem Controls//Non-Intell//Declass (as appropriate)
EXECUTIVE CORRESPONDENCE ROUTING SHEET
OCA 2007-00345
4. Subject Response to Senator Levin, Chairman, Commitee on Armed Services, U.S.I Senate
RE: Second Bybee Memo
5a. Response to DAC # (OdDlnating Office to Complete)
1 02646
6. Justification / Summary (Required for Immediate and Priority Actions/
? Routine Q Priority Immediate
7. Coordination
Coordinated with D/OCA, DD/OCA, COS/OCA
f UL 11 20
PUL 112
Christopher Walker
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