LETTER TO DAN LEVIN FROM <SANITIZED> REQUESTING INTERIM APPROVAL TO USE CERTAIN TECHNIQUES

• Document Type: FOIA
• Collection: FOIA Collection
• Document Number (FOIA) /ESDN (CREST): 06064161
• Release Decision: RIPPUB
• Original Classification: U
• Document Page Count: 7
• Document Creation Date: March 9, 2023
• Document Release Date: February 27, 2020
• Case Number: F-2009-01030
• Publication Date: August 25, 2004

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FAX COVER SHEET
Central Intelligence Agency
Washington, DC 20505
25 August 2004
To:
DOJ Command Center
For Dan Levin
Organization:
Phone:
Fax:
Office of Legal Counsel
U.S. Department of Justice
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From:
Organization:
Phone:
Fax:
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Legal Group
DCI Counterterrorist Center
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Number of pages (including cover sheet): 6
Comments: (SHiNtF) Dan, Per our phone conversation
earlier this week, a letter requesting interim approval to use
certain technniques. Thank you.
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NOFORN/AtR.V_____
Washington, ac. 20505
25 August 2004
Transmitted by Secure Facsimile
Dan Levin
Acting Assistant Attorney General
Office of Legal Counsel
Department of Justice
Washington, DC 20530
Dear Mr. Levin:
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(TS/1(b)(3) //NF, In furtherance of our telephone
conversation earlier this week, please provide the Central
Intelligence Agency with your legal conclusion that utilizing
the following interrogation techniques with detainee Janat Gul
would not violate any U.S. statute, including 18 U.S.C. � 2340A,
nor would it violate the U.S. Constitution or any treaty
obligation of the United States, including Article 16 of the
Convention Against Torture and Other Cruel, Inhuman, or
Degrading Treatment or Punishment, adopted Dec. 10, 1984, S.
Treaty Doc. No. 100-20 (1988)(entered into force June 26, 1987):
Dietary manipulation (so long as the intake is calculated
to maintain the general health of.the detainee)
Nudity
Water Dousing
Abdominal Slap.
As discussed in our previous correspondence regarding Gul, his -
interrogation takes place outside territory subject to the
jurisdiction of the United States.
(TS/) //NF, Janat Gu1 has been in U.S. custody
for approximately 20 days. During that time, as permitted by
legal guidance from the Attorney General and in accordance with
policy direction from the 20 July 2004 National Security Council
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Dan Levin, Esq.
Principals' Committee, Gul has been questioned by CIA debriefers
or interrogators. During a nine-day period, and following
completion of medical and psychological examinations that found
no medical contraindications to employment of interrogation
techniques, CIA interrogators used one or more of the following
authorized interrogation techniques with Gul (with two
interrogation sessions held on some days): attention grasp,
walling, facial hold, facial slap, wall standing, stress
positions, and sleep deprivation. Sleep deprivation was
effected using standing and sitting positions over a six-day
period, allowing during that time only seven hours of sleep
before the termination of the sleep deprivation period on 9 '
August 2004. CIA interrogators started Gul on another period of
sleep deprivation on 23 August 2004.
(TS/ /NF, CIA interrogators assess Gul not to
be cooperating, and to be using a sophisticated
counterinterrogation strategy. CIA interrogators also assess
the further use of the authorized techniques �is unlikely to move
Gul to cooperate absent concurrent use of the following
additional measures: Dietary manipulation; Nudity; Water
Dousing; and Abdominal Slap.
(TS/ //NF, CIA interrogators and CIA
Headquarters believe that Gul knows information concerning
imminent threats to the United States as well as information
that might assist in locating senior al-Qa'ida operatives whose
removal from the battlefield could severely disrupt planned
terrorist attacks against the United States. Recall from our
earlier correspondence that Gul has had longstanding access to
senior leaders in al-Qa'ida, the Islamic Movement of Uzbekistan,
members of the former 'Taliban regime, and (less directly) the
al-Zarqawi network centered in Iraq. Given Gul's network for .
moving money, people, and materials, until his recent arrest he
was well positioned to support al-Qa'ida's chief of external
operations, Abu Faraj al-Libi, whom CIA believes to be
overseeing the pre-election threat.
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(b)(3) (TS// //NF, The CIA interrogators believe that
Janat Gul maintains a tough, Mujahidin fighter mentality and has
conditioned himself for a physical interrogation (i.e., facial
slaps and walling). The CIA interrogators believe, therefore,
that using more subtle interrogation measures designed more to
weaken Gul's physical ability and mental desire to resist
interrogation over the long run are likely to be more effective.
The interrogators, thus, seek approval to add the four agove-
mentioned techniques to Gul's interrogation plan in order to
reduce markedly Gul's strong resistance posture and provide an
opportunity for the interrogation team to obtain his
cooperation.
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Dan Levin, Esq.
(TS// Y/NF, The interrogation team has carefully
analyzed Gul's responsiveness to different areas of inquiry and
opine that his resistance increases when questioned about
matters that may connect him to al-Qa'ida or evidence he has
direct knowledge of operational terrorist activities. This is
the case even when he is presented with credible information to
the contrary, for instance, transcripts and/or recordings of his
own telephone conversations in which he makes reference to
senior al-Qa'ida leader 'Abd al-Hadi al-Iraqi. Sometimes when
pressed with this evidence, Gul will usually admit to the
information or the phone call, but will minimize his involvement
and never admit to helping al-Qa'ida. Gul also asserts
frequently memory difficulties. In light of Gul's claim of
memory difficulties, the CIA psychologist on-scene administered
an intelligence and memory examination to Gul and opined that
Gul was at least of average intelligence and that his memory is
grossly in tact. The psychologist further opined that Gul was
attempting to feign memory problems as part of his interrogation
resistance strategy. The psychologist's opinion is based in
part of the fact that Gul's memory responses were inconsistent
and did not follow the pattern of true memory impairment. For
example, when asked after a 20-minute delay to recall the names
of three objects, Gul initially replied that he was never asked
to remember these objects (a response quite atypical, even for
people with memory loss). However, later, he recalled two of
the objects in a conversation with a CIA interrogator.
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Dan Levin, Esq.
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(b)(3) (TS/ /NF, Dietary manipulation. There are two
reasons to modify Gul's diet. First, providing him solid food
at regular intervals detracts from the effectiveness, of
interrogation techniques, especially sleep deprivation. It
detracts from interrogation measures because it sends
conflicting signals to the detainee; provides him an abundance
of nutrition to maintain his strength against interrogation;
removes the possibility of holding out regular, hot meals as an
incentive to or reward for his cooperating; and allows him
mentally to break up his sleep deprivation into periods between
meals when he must either be unshackled so he can feed himself,
or be handfed by detention facility personnel. Second,. Gul is a
heavy man (carrying nearly 300 pounds on a 5'9" frame). .Gul's
weakness for food may be a vulnerability of his. He appears. to
the interrogation team to take solace in the food he is
provided, eating every last bit. Therefore, we seek to modify
his diet to one of only liquid food (e.g., cans of Ensure)
sufficient to maintain his health.
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(TS/, /NF, Nudity. The interrogators believe
that Gul has a fear of being naked because he has expressed
concern when he had been showered that someone may look at him.
Thus, removal of his clothing would add to his psychological
discomfort and stress in order to wear down his resistance to
interrogation. Gul will not be paraded in front of or exposed
to other detainees or any detention facility personnel beyond
those present for purposes of his hygiene, feeding, and
interrogation. In other words, it is Gul's fear of others
seeing him naked, not actually exposing him to others while
naked, that we seek to exploit.
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(b)(3) (TS/, //NF, Water Dousing. Past experience with
interrogated indicates that focused
water dousing sessions, in conjunction with sleep deprivation,
facilitates in weakening a detainee's ability and motivation to
resist interrogations. The interrogation plan would call for
Gul to be water-doused strictly in accordance with the protocol
described in the enclosure to my letter of 30 July 2004.
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detainees who have been
(TS/ //NF, Abdominal Slap. Gul has a very large
stomach. The interrogation team assesses that the use of
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Dan Levin, Esq.
abdominal slaps would be an effective additional method of
violating Gul's personal space (thus displaying total
interrogator control over Gul).
(U//FOU0) If you have any questions, or would like
briefings, please contact me and I will obtain answers and/or
arrange the required briefings.
Sincer 1
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0000037
SUBJECT: (TS// /NF) Letter to Dan Levin Requesting
Interim Approval to Use Certain Techniques
(25 August 2004)
Distribution:
Orig - Addressee,
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