A. Background on CIA Effectiveness Representations

A. Background on CIA Effectiveness Representations

¶From 2002 through 2009, in order to obtain policy authorizations and legal approvals, the CIA made a series of representations to officials at the White House,^10491049 Xhe.se representations were also made by the CIA to other elements of the executive branch, to include the Office of the Director of National Intelligence. As described in this Study, the Department of Justice first approved the use of the CIA's enhanced interrogation techniques on August 1, 2002. the Department of Justice, and the Congress, asserting that the CIA's enhanced interrogation techniques were uniquely effective and necessary to produce otherwise unavailable intelligence that the U.S. government could not obtain from other sources.^10501050 From 2003 through 2009, the CIA's representations regarding the effectiveness of the CIA's enhanced interrogation techniques provided a specific set of examples of terrorist plots "disrupted" and terrorists captured that the CIA attributed to information obtained from the use of its enhanced interrogation techniques. CIA representations further asserted that the intelligence obtained from the use of the CIA's enhanced interrogation techniques was unique, otherwise unavailable, and resulted in "saved lives." Among other CIA representations, see: (1) CIA representations in the Department of Justice Office of Legal Counsel Memorandum, dated May 30, 2005, which relied on a series of highly specific CIA representations on the type of intelligence acquired from the use of the CIA's enhanced interrogation techniques to assess their legality. The CIA representations referenced by the OLC include that the use of the CIA's enhanced interrogation techniques was "necessary" to obtain "critical," "vital," and "otherwise unavailable actionable intelligence" that was "essential" for the U.S. government to "detect and disrupt" terrorist threats. The OLC memorandum further states that "[the CIA] ha[s] informed [the OLC] that the CIA believes that this program is largely responsible for preventing a subsequent attack within the United States." (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 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.) (2) CIA representations in the Department of Justice Office of Legal Counsel Memorandum dated July 20, 2007, which also relied on CIA representations on the type of intelligence acquired from the use of the CIA's enhanced interrogation techniques. Citing CIA documents and the President's September 6, 2006, speech describing the CIA's interrogation program (which was based on CIA-provided information), the OLC memorandum states: 'The CIA interrogation program— and, in particular, its use of enhanced interrogation techniques—is intended to serve this paramount interest [security of the Nation] by producing substantial quantities of otherwise unavailable intelligence. ...As the President explained [on September 6, 2006], 'by giving us information about terrorist plans we could not get anywhere else, the program has saved innocent lives.'" (See Memorandum for John A. Rizzo, Acting General Counsel, Central Intelligence Agency, from Steven G. Bradbury, Principal Deputy Assistant Attorney General, Office of Legal Counsel, July 20, 2007, Re: Application of the War Crimes Act, the Detainee Treatment Act, and Common Article 3 of the Geneva Conventions to Certain Techniques that May Be Used by the CIA in the Interrogation of High Value al Qaeda Detainees.) (3) CIA briefings for members of the National Security Council in July and September 2003 represented that "the use of Enhanced Techniques of one kind or another had produced significant intelligence information that had, in the view of CIA professionals, saved lives," and which warned policymakers that "[t]ermination of this program will result in loss of life, possibly extensive." (See August 5, 2003 Memorandum for the Record from Scott Muller, Subject: Review of Interrogation Program on 29 July 2003; Briefing slides, CIA Interrogation Program, July 29, 2003; September 4, 2003, CIA Memorandum for the Record, Subject: Member Briefing; and September 26, 2003, Memorandum for the Record from Muller, Subject: CIA Interrogation Program.) (4) The CIA's response to the Office of Inspector General draft Special Review of the CIA program, which asserts: "Information [the CIA] received... as a result of the lawful use of enhanced interrogation techniques ('EITs') has almost certainly saved countless American lives inside the United States and abroad. The evidence points clearly to records indicate was provided to White House officials on June 1, 2005. The Intelligence Assessment at the SECRET//NOFORN classification level was more broadly disseminated on June 3, 2005. On March 31, 2009, former Vice President Cheney requested the declassification of this Intelligence Assessment, which was publicly released with redactions on August 24, 2009. (11) CIA memorandum entitled, "Future of CIA's Counterterrorist Detention and Interrogation Program," dated December 23, 2005, from CIA Director Porter Goss to Stephen J. Hadley, Assistant to the President/National Security Advisor, Frances F. Townsend, Assistant to the President/Homeland Security Advisor, and Ambassador John D. Negroponte, the Director of National Intelligence, Attachment, "Impact of the Loss of the Detainee Program to CT Operations and Analysis." (12) CIA briefing document dated May 2, 2006, entitled, "BRIEFING FOR CHIEF OF STAFF TO THE PRESIDENT 2 May 2006 Briefing for Chief of Staff to the President Josh Bolten: CIA Rendition, Detention and Interrogation Programs." (13) CIA briefing document entitled, "Detainee Intelligence Value Update," dated 11 July 2006, internal document saved within CIA records as, "DNI Memo Intel Value July 11 2006.. .TALKING POINTS FOR DCI MEETING." (14) CIA document dated July 16, 2006, entitled, "DRAFT Potential Public Briefing of CIA's High-Value Terrorist Interrogations Program," and "CIA Validation of Remarks on Detainee Policy," drafts supporting the September 6, 2006, speech by President George W. Bush acknowledging and describing the CIA's Detention and Interrogation Program, as well as an unclassified Office of the Director of National Intelligence release, entitled, "Summary of the High Value Terrorist Detainee Program." (15) CIA classified statement for the record, Senate Select Committee on Intelligence, provided by General Michael V. Hayden, Director, Central Intelligence Agency, 12 April 2007, and accompanying Senate Select Committee on Intelligence hearing transcript, entitled, "Hearing on Central Intelligence Agency Detention and Interrogation Program." (16) CIA fax from CIA employee [REDACTED] to U.S. Senate Committee on Appropriations, Subcommittee on Defense, with fax cover sheet entitled, "Talking points," sent on October 26, 2007, at 5:39:48PM,entitled, "Talking Points Appeal of the $ [Redacted] Million reduction in CIA/CTC's Rendition and Detention Program." (17) "DCIA Talking Points: Waterboard 06 November 2007," dated November 6, 2007, with the notation the document was "sent to DCIA Nov. 6 in preparation for POTUS meeting." (18) CIA Briefing for Obama National Security Team- "Renditions, Detentions, and Interrogations (RDI)" including "Tab 7," named "RDG Copy- Briefing on RDI Program 09 Jan. 2009," prepared "13 January 2009." (19) CIA briefing documents for Leon Panetta, entitled, "Tab 9: DCIA Briefing on RDI Program- 18FEB.2009" and graphic attachment, "Key Intelligence and Reporting Derived from Abu Zubaydah and Khalid Shaykh Muhammad (KSM)." The documents include "DCIA Briefing on RDI Program" agenda, CIA document "EITs and Effectiveness," with associated documents, "Key Intelligence Impacts Chart: Attachment (AZ and KSM)," "Background on Key Intelligence Impacts Chart: Attachment," and "supporting references," to include "Background on Key Captures and Plots Disrupted." (20) CIA document faxed to the Senate Select Committee on Intelligence on March 18, 2009, at 3:46PM, entitled, "[SWIGERT] and [DUNBAR]" (DTS #2009-1258). See also CIA representations detailed in OLC 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; and OLC memorandum for John A. Rizzo, Acting General Counsel, Central Intelligence Agency, from Steven G. Bradbury, Principal Deputy Assistant Attorney General, Office of Legal Counsel, July 20, 2007, Re: Application of the War Crimes Act, the Detainee Treatment Act, and Common Article 3 of the Geneva Conventions to Certain Techniques that May Be Used by the CIA in the Interrogation of High Value al Qaeda Detainees.Show full note The CIA further represented that the CIA's enhanced interrogation techniques "saved lives" and "enabled the CIA to disrupt terrorist plots, capture additional terrorists, and collect a high volume of critical intelligence on al-Qa'ida."1031 The Department of Justice used these representations of effectiveness to assess the fact that without the use of such techniques, we and our allies would [have] suffered major terrorist attacks involving hundreds, if not thousands, of casualties." (See Memorandum for: Inspector General; from: James Pavitt, Deputy Director for Operations; subject: re (S) Comments to Draft IG Special Review, "Counterterrorism Detention and Interrogation Program" 2003-7123-IG; date: February 27,2004; attachment: February 2 4 , 2 0 0 4 , Memorandum re Successes of CIA's Counterterrorism Detention and Interrogation Activities.) (5) CIA briefing documents for CIA Director Leon Panetta in February 2009, which state that the "CIA assesses that the RDI program worked and the [enhanced interrogation] techniques were effective in producing foreign intelligence," and that "[m]ost, if not all, of the timely intelligence acquired from detainees in this program would not have been discovered or reported by other means." (See CIA briefing documents for Leon Panetta, entitled, "Tab 9: DCIA Briefing on RDI Program- I8FEB.2009" and graphic attachment, "Key Intelligence and Reporting Derived from Abu Zubaydah and Khalid Shaykli Muhammad (KSM)," including "DCIA Briefing on RDI Program" agenda, CIA document "EITs and Effectiveness," with associated documents, "Key Intelligence Impacts Chart: Attachment (AZ and KSM)," "Background on Key Intelligence Impacts Chart: Attachment," and "supporting references," to include "Background on Key Captures and Plots Disrupted.") (6) CIA document faxed to the Senate Select Committee on Intelligence on March 18,2009, entitled, "[SWIGERT] and [DUNBAR]" (DTS #2009-1258), which provides a list of "some of the key captures and disrupted plots" that the CIA had attributed to the use of the CIA's enhanced inteiTogation techniques, and states: "CIA assesses that most, if not all, of the timely intelligence acquired from detainees in this program would not have been discovered or reported by any other means." See Volume II for additional CIA representations asserting that the CIA's enhanced interrogation techniques enabled the CIA to obtain unique, otherwise unavailable intelligence that "saved lives." 1051

¶Among other documents that contain the exact, or similar CIA representations, see: (1) CIA memorandum for the Record, "Review of Interrogation Program on 29 July 2003," prepared by CIA General Counsel Scott Muller, dated August 5, 2003; briefing slides entitled, "CM Interrogation Program," dated July 29, 2003, presented to senior White House officials with additional briefings using die slides as documented in September 4, 2003, CIA Memorandum for the Record, Subject: Member Briefing; and September 26,2003, Memorandum for the Record from Scott Muller, Subject: CIA Interrogation Program. (2) CIA memorandum to the CIA Inspector General from James Pavitt, CIA's Deputy Director for Operations, dated February 27, 2004, with the subject line, "Comments to Draft IG Special Review, 'Counterterrorism Detention and Interrogation Program' (2003-7123-IG)," Attachment, "Successes of CIA's Counterterrorism Detention and Interrogation Activities," dated February 24, 2004. (3) CIA Directorate of Intelligence. "Khalid Shaykh Muhammad: Preeminent Source on Al-Qa'ida," dated July 1 3 ^ 0 0 4 ; fax to the Department of Justice, April 2 2 , 2 0 0 5 , entitled, " [Redacted] Materials on KSM and Abu Zubaydah. [Redacted] " This report was widely disseminated in the Intelligence Community and a copy of this report was provided to the Senate Select Committee on Intelligence on July 15, 2004. On March 31,2009, former Vice President Cheney requested the declassification of this Intelligence Assessment, which was publicly released with redactions on August 24, 2009. (4) CIA memorandum to "National Security Advisor," from "Director of Central Intelligence/^ubiect: "Effectiveness of the CIA Counterterrorist Interrogation Techniques," included in email from: [Redacted] to:

¶[Redacted] [Redacted] and [Redacted] subject: techniques"; date: December 6, 2004, at 5:06:38 PM. The email references the attached "information paper to Dr. Rice explaining the value of the interrogation techniques." (5) CIA Memorandum for Steve Bradbury at Office of Legal Counsel, Department of Justice, dated March 2,2005, from [Redacted] [Redacted] Legal Group, DCI Counterterrorist Center, subject: "Effectiveness of the CIA Counterterrorist Interrogation Techniques," (6) CIA briefing for Vice President Cheney, dated March 4, 2005, entitled, "Briefing for Vice President Cheney: CIA Detention and Interrogation Program." (7) CIA Talking Points entitled, "Talking Points for 10 March 2005 DCI Meeting PC: Effectiveness of the High-Value Detainee Interrogation (HVDI) Techniques." (8) CIA "Briefing Notes on the Value of Detainee Reporting" faxed from the CIA to the DepartmentofJustice on April 15, 2005, at 10:47 AM. (9) CIA fax to DOJ Command C e n t e r ^ l a t e c ^ p r i m , 2005, f o [Redacted] Office of Legal Counsel, U.S. Department of Justice, from [Redacted] [Redacted] Legal Group, DCI Counterterrorist Center, re:

¶[Redacted] Materials of KSM and Abu Zubaydah, included CIA Intelligence Assessment "Khalid Shaykh Muhammad: Preeminent Source on Al-Qa'ida," and CIA document, "Materials of KSM and Abu Zubaydah.; (10) CIA Intelligence Assessment, "Detainee Reporting Pivotal for the War Against Al-Qa'ida," June 2005, which CIA m i i i III i [Redacted] [Redacted] 1 mi inn i whether the CIA's enhanced interrogation techniques were legal;^10521052 See section of this summary addressing representations to the Department of Justice, as well as 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; 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; and Memorandum for John A. Rizzo, Acting General Counsel, Central Intelligence Agency, from Steven G. Bradbury, Principal Deputy Assistant Attorney General, Office of Legal Counsel, July 20, 2007, Re: Application of the War Crimes Act, the Detainee Treatment Act, and Common Article 3 of the Geneva Conventions to Certain Techniques that May be Used by the CIA in the Interrogation of High Value Al Qaeda Detainees.Show full note policymakers at the White House used these representations—and the legal analysis by the Department of Justice—to assess whether the CIA interrogation program should be approved as a matter of policy;^10531053 Among other documents, see. the August 5, 2003, CIA Memorandum for the Record from Scott Muller from a July 29,2003, National Security Council Principals Meeting with the subject, "Review of Interrogation Program on 29 July 2003," as well as the accompanying briefing slides, "CIA Interrogation Program, July 29, 2003"; March 4, 2005, Briefing for Vice President Cheney: CIA Detention and Interrogation Program. CIA document, dated March 4, 2005, entitled, "Briefing for Vice President Cheney: CIA Detention and Interrogation Program"; CIA document, dated May 2, 2006, entitled, BRIEFING FOR CHIEF OF STAFF TO THE PRESIDENT 2 May 2006 Briefing for Chief of Staff to the President Josh Bolten: CIA Rendition, Detention and Interrogation Programs; CIA document entitled, "DCIA Talking Points: Waterboard 06 November 2007," dated November 6, 2007, with the notation the document was "sent to DCIA Nov. 6 in preparation for POTUS meeting"; and CIA Briefing for Obama National Security Team- "Renditions, Detentions, and Interrogations (RDI)" including "Tab 7," named "RDG Copy- Briefing on RDI Program 09 Jan. 2009," prepared "13 January 2009."Show full note and members of Congress relied on the CIA representations in overseeing and assessing the program, providing funding, and crafting related legislation.^10541054 Among other documents, see: (1) CIA testimony to the Senate Select Committee on Intelligence (SSCI) on April 24, 2002, regarding Abu Zubaydah's initial interrogation; (2) CIA written answers to Committee Questions for the Record, dated August 15, 2002, regarding results of Abu Zubaydah's interrogations; (3) CIA testimony to SSCI on September 5, 2002, regarding covert detention facilities and results of Abu Zubaydah's interrogation; (4) CIA cable documenting September 27, 2002, briefing to Chairman Bob Graham and Vice Chairman Richard Shelby and their staff directors regarding the CIA's enhanced interrogation techniques in the interrogations of Abu Zubaydah; (5) CIA Memorandum for the Record documenting February 4, 2003, briefing to SSCI Chairman Pat Roberts and Committee staff directors regarding the CIA's Detention and Interrogation Program; (6) CIA testimony to SSCI on March 5, 2003, regarding the capture and initial interrogation of KSM; (7) CIA witness testimony to SSCI on March 19,2003, regarding KSM's interrogation; (8) CIA witness testimony to SSCI on April 1, 2003, regarding KSM's capture; (9) April 3, 2003, Intelligence Community Terrorist Threat Assessment regarding KSM threat reporting, entitled "Klialid Shaykh Muhammad's Threat Reporting—Precious Truths, Surrounded by a Bodyguard of Lies," provided to the SSCI on April 7, 2003; (10) CIA testimony to SSCI on April 30, 2003, regarding detainee reporting; (11) CIA testimony to SSCI on June 25, 2003, regarding KSM interrogation; (12) CIA testimony to SSCI on July 30, 2003, regarding CIA detainee threat reporting; (13) CIA testimony to SSCI on September 3, 2003, regarding [Redacted] authorities, including CIA detention authorities; (14) CIA prepared briefing for Chairman Pat Roberts and Vice Chairman John D. Rockefeller IV entitled, "CIA Interrogation Program: DDO Talking Points, 04 September 2003"; (15) CIA witness testimony to SSCI on May 12, 2004, regarding CIA role in abuses at Abu Ghraib prison; (16) SSCI staff notes for July 15,2004, CIA briefing to Chairman Pat Roberts and Vice Chairman John D. Rockefeller IV regarding the status of the CIA interrogation program; (17) CIA testimony to SSCI on September 13, 2004, regarding CIA and the abuses at Abu Ghraib prison; (18) Hand-written notes of Vice Chairman John D. Rockefeller IV recording a briefing by Jose Rodriguez on March 7, 2005; (19) CIA Memorandum for the Record, Subject: Sensitive Issue -Counterterrorism, October 31, 2005, regarding briefing for Senate Majority Leader Bill Frist regarding the Detainee Treatment Act, and email exchanges between John Rizzo, [Redacted] [Redacted] subject: "Re: Immediate Re: Sen. Frist required for briefing on impact of McCain Amendment"; date: October 31, 2005, and associated records concerning CIA briefings for Senators John McCain, Thad Cochran, Ted Stevens, and John Cornyn; (20) SSCI Memorandum for the Record, March 8, 2006, documenting CIA briefing of March 7, 2006, to staff on status of the CIA's Detention and Interrogation Program; (21) CIA Director Porter Goss testimony to the SSCI on March 15, 2006, regarding the status of the CIA's Detention and Interrogation Program; (22) CIA Director Michael Hayden testimony to the SSCI on September 6, 2006, regarding the CIA's Detention and Interrogation Program, prior to Senate consideration of the Military Commissions Act of 2006; (23) CIA Director Michael Hayden testimony to the SSCI on November 16, 2006, regarding the CIA's Detention and Interrogation Program, following passage of the Military Commissions Act of 2006; (24) CIA Director Michael Hayden testimony to the SSCI on April 12, 2007, regarding the CIA's Detention and Interrogation Program and a report of the International Committee of the Red Cross; (25) CIA fax from CIA employee [REDACTED] to U.S. Senate Committee on Appropriations, Subcommittee on Defense, with fax cover sheet entitled, "Talking points," sent on October 26, 2007, at 5:39:48 PM. Document faxed entitled, "Talking Points Appeal of the [Redacted] Million reduction in CIA/CTC's Rendition and Detention Program"; (26) CIA Director Michael Hayden testimony to the SSCI on December 11,2007, regarding the public revelation of the CIA's m i 11 in i [Redacted] 11111111111 destruction of videotapes of the interrogations of Abu Zubaydah and 'Abd al-Rahim al-Nashiri; (27) CIA Director Michael Hayden public testimony to the SSCI on February 5, 2008, regarding waterboarding and CIA interrogations, prior to Senate vote on February 13, 2008, on the Fiscal Year 2008 Intelligence Authorization Act that would have prohibited any member of the U.S. Intelligence Community from using interrogation techniques not authorized by the U.S. Army Field Manual.Show full note

¶MI 11111 I [Redacted] I M I HIM I

¶In CIA presentations to the executive and legislative branches, the CIA represented that other parties had consented to, or endorsed, the CIA's interrogation program. As an example, during a policy review of the CIA's enhanced interrogation techniques in July 2003, the CIA informed a subset of the National Security Council principals that the use of the CIA's enhanced interrogation techniques was "approved by the attorney general," and was "fully disclosed to the SSCI and HPSCI leadership." In the same presentation, the CIA represented that the CIA interrogation program "had produced significant intelligence information that had, in the view of CIA professionals, saved lives." The CIA then provided examples of "attacks averted" as a direct result of the CIA interrogation program, and warned policymakers that "[germination of this program will result in loss of life, possibly extensive."^10551055 Memorandum for the Record: "Review of Interrogation Program on 29 July 2003." Memorandum prepared by CIA General Counsel Scott Muller, dated August 5, 2003, and briefing slides entitled, "CM Interrogation Program," dated July 29, 2003, presented to senior White House officials. Those attending the meeting included the director of the CIA, George Tenet; the CIA general counsel, Scott Muller; Vice President Cheney; National Security Advisor Condoleezza Rice; White House Counsel Alberto Gonzales; Attorney General John Ashcroft; Acting Assistant Attorney General, Office of Legal Counsel, Patrick Philbin; and counsel to the National Security Council, John Bellinger.Show full note

¶When the CIA was asked by White House officials to review and provide further evidence for the effectiveness of the CIA's enhanced interrogation techniques in 2004, the CIA responded that it was "difficult, if not impossible" to conduct such a review, but assured White House officials that "this program works," "the techniques are effective," and the program produces "results."^10561056 CIA talking points for the National Security Council entitled, "Talking Points for 10 March 2005 DCI Meeting PC: Effectiveness of the High-Value Detainee Interrogation (HVDI) Techniques," dated March 4, 2005, for a March 8, 2005, meeting. See also CIA Memorandum for National Security Advisor Rice entitled, "Effectiveness of the CIA Counterterrorist Interrogation Techniques," dated December 2004. The "results" provided by the CIA consisted of the "disruption" of specific terrorist plots and the capture of specific terrorists. The CIA further represented that the information acquired as a result of the CIA's enhanced interrogation techniques was unique and "otherwise unavailable."^10571057 p r o m 2003 through 2009, the CIA's representations regarding die effectiveness of the CIA's enhanced interrogation techniques provided a specific set of examples of terrorist plots "disrupted" and terrorists captured that the CIA attributed to information obtained from the use of its enhanced interrogation techniques. CIA representations further asserted that the intelligence obtained from the use of the CIA's enhanced interrogation techniques was unique, otherwise unavailable, and resulted in "saved lives." Among other CIA representations, see-. (1) CIA representations in the Department of Justice Office of Legal Counsel Memorandum, dated May 30, 2005, which relied on a series of highly specific CIA representations on the type of intelligence acquired from the use of the CIA's enhanced interrogation techniques to assess their legality. The CIA representations referenced by the OLC include that the use of the CIA's enhanced interrogation techniques was "necessary" to obtain "critical," "vital," and "otherwise unavailable actionable intelligence" that was "essential" for the U.S. government to "detect and disrupt" terrorist threats. The OLC memorandum further states that "[the CIA] ha[s] informed [the OLC] that the CIA believes that this program is largely responsible for preventing a subsequent attack within the United States." (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 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.) (2) CIA representations in the Department of Justice Office of Legal Counsel Memorandum dated July 20,2007, which also relied on CIA representations on the type of intelligence acquired from the use of the CIA's enhanced interrogation techniques. Citing CIA documents and the President's September 6, 2006, speech describing the CIA's interrogation program (which was based on CIA-provided information), the OLC memorandum states: 'The CIA interrogation program— and, in particular, its use of enhanced interrogation techniques—is intended to serve this paramount interest [security of the Nation] by producing substantial quantities of otherwise unavailable intelligence. ... As the President explained [on September 6, 2006], 'by giving us information about terrorist plans we could not get anywhere else, the program has saved innocent lives.'" (See Memorandum for John A. Rizzo, Acting General Counsel, Central Intelligence Agency, from Steven G. Bradbury, Principal Deputy Assistant Attorney General, Office of Legal Counsel, July 20,2007, Re: Application of the War Crimes Act, the Detainee Treatment Act, and Common Article 3 of the Geneva Conventions to Certain Techniques that May Be Used by the CIA in the Intenogation of High Value al Qaeda Detainees.) (3) CIA briefings for members of the National Security Council in July and September 2003, which represented that "the use of Enhanced Techniques of one kind or another had produced significant intelligence information that had, in the view of CIA professionals, saved lives," and which warned policymakers that "[tjermination of this program will result in loss of life, possibly extensi ve." (See August 5,2003 Memorandum for the Record from Scott Muller, Subject: Review of Interrogation Program on 29 July 2003; Briefing slides, CIA Interrogation Program, July 29,2003; September 4, 2003, CIA Memorandum for the Record, Subject: Member Briefing; and September 26,2003, Memorandum for the Record from Muller, Subject: CIA Interrogation Program.) (4) The CIA's response to the Office of Inspector General draft Special Review of the CIA program, which asserts: "Information [the CIA] received... as a result of the lawful use of enhanced interrogation techniques ('EITs') has almost certainly saved countless American lives inside the United States and abroad. The evidence points clearly to the fact that without the use of such techniques, we and our allies would [have] suffered major terrorist attacks involving hundreds, if not thousands, of casualties." (See Memorandum for: Inspector General; from: James Pavitt, Deputy Director for Operations; subject: re (S) Comments to Draft IG Special Review, "Countertenorism Detention and Interrogation Program" 2003-7J23-IG; date: February 27, 2004; attachment: February 24, 2004, Memorandum re Successes of CIA's Countertenorism Detention and Intenogation Activities.) (5) CIA briefing documents for CIA Director Leon Panetta in February 2009, which state that the "CIA assesses that the RDI program worked and die [enhanced interrogation] techniques were effective in producing foreign intelligence," and that "[mjost, if not all, of the timely intelligence acquired from detainees in this program would not have been discovered or reported by other means." (See CIA briefing documents for Leon Panetta, entitled, "Tab 9: DCIA Briefing on RDI Piogram- 18FEB.2009" and graphic attachment, "Key Intelligence and Reporting Derived from Abu Zubaydah and Khalid Shaykh Muhammad (KSM)," including "DCIA Briefing on RDI Program" agenda, CIA document "EITs and Effectiveness," with associated documents, "Key Intelligence Impacts Chart: Attachment (AZ and KSM)," "Background on Key Intelligence Impacts Chart: Attachment," and "supporting references," to include "Background on Key Captures and Plots Disrupted.") (6) CIA document faxed to the Senate Select Committee on Intelligence on March 18, 2009, entitled, "[SWIGERT] and [DUNBAR]" (DTS #2009-1258), which provides a list of "some of the key captures and disrupted plots" that the CIA had attributed to the use of the CIA's enhanced intenogation techniques, and states: "CIA assesses that most, if not all, of the timely intelligence acquired from detainees in this program would not have been discovered or reported by any other means." See Volume II for additional CIA representations asserting that the CIA's enhanced intenogation techniques enabled the CIA to obtain unique, otherwise unavailable intelligence that "saved lives."Show full note These specific CIA claims played an especially important role in the Department of Justice's legal review of the CIA's enhanced interrogation techniques.^10581058 See Volume II for detailed infonnation. The OLC's May 30, 2005, memorandum relied on the CIA's representations in determining that the CIA's enhanced intenogation techniques did not violate the Fifth Amendment's prohibition on executive conduct that "shocks the conscience," indicating that this analysis was a "highly context-specific and fact-dependent question." The OLC also linked its analysis of whether the use of the CIA's enhanced interrogation techniques was "constitutionally arbitrary" to the representation by the CIA that the program produced "substantial quantities of otherwise unavailable actionable intelligence." (See Memorandum for John A. Rizzo, Senior Deputy General Counsel, Central Intelligence Agency, from Steven G. Bradbury, Principal Deputy Assistant Attorney General, Office o f L e g a ^ o u n s e l ^ a ^ 0 ^ 0 0 5 ^ e : Application of United States 1 1 1 1 1 1 1 1 1 1 1Show full note Department of Justice documents stated that an analysis of the legality of the CIA's enhanced interrogation techniques was a "highly context-specific, fact-dependent question" and highlighted the importance of the CIA representation that the CIA's enhanced interrogation techniques produced "substantial quantities of otherwise unavailable actionable intelligence," and were "largely responsible for preventing a subsequent attack within the United States."1059