Message from the Director: Release of Department of Justice Opinions

CIA Home > News & Information > Press Releases & Statements > Message from the Director: Release of Department of Justice Opinions RSS Message from the Director: Release of Department of Justice Opinions Statement to Employees by Director of the Central Intelligence Agency Leon E. Panetta on the Release of Department of Justice Opinions

This afternoon, the Department of Justice is releasing a series of opinions that its Office of Legal Counsel provided CIA between 2002 and 2005. They guided CIA’s detention and interrogation program, which ended this past January. Over the life of that initiative, CIA repeatedly sought and repeatedly received written assurances from the Department of Justice that its practices were fully consistent with the laws and legal obligations of the United States. Those operations were also approved by the President and the National Security Council principals, and were briefed to the Congressional leadership.

As this information is revealed, it is important to understand the context in which these operations occurred. In the wake of September 11th, the President turned to CIA—as Presidents have done so often in our history—and entrusted our officers with the most critical of tasks: to disrupt the terrorist network that struck our country and prevent further attacks. CIA responded, as duty requires.

Although this Administration has now put into place new policies that CIA is implementing, the fact remains that CIA’s detention and interrogation effort was authorized and approved by our government. For that reason, as I have continued to make clear, I will strongly oppose any effort to investigate or punish those who followed the guidance of the Department of Justice.

The President and the Attorney General have also made clear that there will be no investigation or prosecution of CIA personnel who operated within the legal system. In addition, the Department will provide legal representation to CIA personnel subject to investigations relating to these operations.

This is not the end of the road on these issues. More requests will come—from the public, from Congress, and the Courts—and more information is sure to be released. We cannot control the debate about the past. But we can and must remain focused on our mission today and in the future. The President and the rest of our citizens are counting on all of us to help disrupt, destroy, and dismantle al Qa’ida—and to learn the plans of our other adversaries. We have an obligation to this nation and to each other to do all we can to protect America.

This is an exceptional organization of talented men and women, dedicated to our national security. It is an extraordinarily capable organization that quietly defends our country while following its laws and upholding its values. For that reason, I am proud to stand beside you as your Director. And for that reason, this President—and future Presidents—will continue to ask us to undertake the hard missions that only we can. This is an opportunity for CIA to begin a new and great chapter in our history of service to the nation.

You need to be fully confident that as you defend the nation, I will defend you.

The President has sent a letter to the officers of CIA, which I share with you now:

I want to take this opportunity to thank you for the work you are doing for the country. Your work has informed every President dating back to President Truman and it protects our people. I have come to rely on your service and I believe strongly that it is vital to the security of our country. Given the threats, challenges, and opportunities facing America, the CIA remains as critical today as it has ever been to our Nation’s security. While necessity requires that the country may not know all of your names or the work that you do, all of us enjoy the freedom that you have helped secure.

I also wanted to share with you a decision that I made last night. Later today, the Department of Justice will release certain memos issued by the Office of Legal Counsel between 2002 and 2005. I did not make this decision lightly. As you may know, the release is part of an ongoing court case. I have fought for the principle that the United States must carry out covert activities and hold information that is classified for the purposes of national security and will do so again in the future. But the release of these memos is required by our commitment to the rule of law.

Much of the information contained in the memos has been in the public domain, and the previous Administration has acknowledged portions of the program – and some of the practices – associated with them. My judgment on this is a matter of record. I have prohibited the use of these interrogation techniques, and I reject the false choice between our security and our ideals.

In releasing these memos, the men and women of the CIA have assurances from both myself, and from Attorney General Holder, that we will protect all who acted reasonably and relied upon legal advice from the Department of Justice that their actions were lawful. The Attorney General has assured me that these individuals will not be prosecuted and that the Government will stand by them.

The men and women of our intelligence community serve courageously on the front lines of a dangerous world. Their accomplishments are unsung and their names unknown, but because of their sacrifices, every single American is safer. They need to be fully confident that as they defend the Nation, I will defend them. We will protect their identities as vigilantly as they protect our security.

This is a time for reflection, not retribution. We have been through a dark and painful chapter in our history. But at a time of great challenges and disturbing disunity, nothing will be gained by spending our time and energy laying blame for the past. The national greatness that you so courageously and capably uphold is embedded in America’s ability to right its course in concert with our core values, and to move forward with confidence.

It is a core American value that we are a Nation of laws, and the CIA protects and upholds that principle under extraordinarily difficult circumstances every day. My Administration will always act in accordance with the law, and with an unshakeable commitment to our ideals. That is why we have released these memos, and that is why we have taken steps to ensure that the actions described within them never take place again.

Posted: Apr 16, 2009 03:54 PM Last Updated: Apr 16, 2009 03:54 PM Last Reviewed: Apr 16, 2009 03:54 PM

April 16, 2009

Note: The following text is a quote:

http://www.usdoj.gov/opa/pr/2009/April/09-ag-356.html

Department of Justice Releases Four Office of Legal Counsel Opinions

In connection with ongoing litigation, the Department of Justice today released four previously undisclosed Office of Legal Counsel (”OLC”) opinions – one that OLC issued to the Central Intelligence Agency in August 2002 and three that OLC issued to the CIA in May 2005.

“The President has halted the use of the interrogation techniques described in these opinions, and this administration has made clear from day one that it will not condone torture,” said Attorney General Eric Holder. “We are disclosing these memos consistent with our commitment to the rule of law.”

Holder also stressed that intelligence community officials who acted reasonably and relied in good faith on authoritative legal advice from the Justice Department that their conduct was lawful, and conformed their conduct to that advice, would not face federal prosecutions for that conduct.

The Attorney General has informed the Central Intelligence Agency that the government would provide legal representation to any employee, at no cost to the employee, in any state or federal judicial or administrative proceeding brought against the employee based on such conduct and would take measures to respond to any proceeding initiated against the employee in any international or foreign tribunal, including appointing counsel to act on the employee’s behalf and asserting any available immunities and other defenses in the proceeding itself.

To the extent permissible under federal law, the government will also indemnify any employee for any monetary judgment or penalty ultimately imposed against him for such conduct and will provide representation in congressional investigations.

“It would be unfair to prosecute dedicated men and women working to protect America for conduct that was sanctioned in advance by the Justice Department,” Holder said.

After reviewing these opinions, OLC has decided to withdraw them: They no longer represent the views of the Office of Legal Counsel.

###

09-356

Note: The following text is a quote:

http://www.whitehouse.gov/the_press_office/Statement-of-President-Barack-Obama-on-Release-of-OLC-Memos/

THE BRIEFING ROOM

THE WHITE HOUSE

Office of the Press Secretary

____________________________________________________________________________
FOR IMMEDIATE RELEASE April 16, 2009

Statement of President Barack Obama on Release of OLC Memos

The Department of Justice will today release certain memos issued by the Office of Legal Counsel between 2002 and 2005 as part of an ongoing court case. These memos speak to techniques that were used in the interrogation of terrorism suspects during that period, and their release is required by the rule of law.

My judgment on the content of these memos is a matter of record. In one of my very first acts as President, I prohibited the use of these interrogation techniques by the United States because they undermine our moral authority and do not make us safer. Enlisting our values in the protection of our people makes us stronger and more secure. A democracy as resilient as ours must reject the false choice between our security and our ideals, and that is why these methods of interrogation are already a thing of the past.

But that is not what compelled the release of these legal documents today. While I believe strongly in transparency and accountability, I also believe that in a dangerous world, the United States must sometimes carry out intelligence operations and protect information that is classified for purposes of national security. I have already fought for that principle in court and will do so again in the future. However, after consulting with the Attorney General, the Director of National Intelligence, and others, I believe that exceptional circumstances surround these memos and require their release.

First, the interrogation techniques described in these memos have already been widely reported. Second, the previous Administration publicly acknowledged portions of the program – and some of the practices – associated with these memos. Third, I have already ended the techniques described in the memos through an Executive Order. Therefore, withholding these memos would only serve to deny facts that have been in the public domain for some time. This could contribute to an inaccurate accounting of the past, and fuel erroneous and inflammatory assumptions about actions taken by the United States.

In releasing these memos, it is our intention to assure those who carried out their duties relying in good faith upon legal advice from the Department of Justice that they will not be subject to prosecution. The men and women of our intelligence community serve courageously on the front lines of a dangerous world. Their accomplishments are unsung and their names unknown, but because of their sacrifices, every single American is safer. We must protect their identities as vigilantly as they protect our security, and we must provide them with the confidence that they can do their jobs.

Going forward, it is my strong belief that the United States has a solemn duty to vigorously maintain the classified nature of certain activities and information related to national security. This is an extraordinarily important responsibility of the presidency, and it is one that I will carry out assertively irrespective of any political concern. Consequently, the exceptional circumstances surrounding these memos should not be viewed as an erosion of the strong legal basis for maintaining the classified nature of secret activities. I will always do whatever is necessary to protect the national security of the United States.

This is a time for reflection, not retribution. I respect the strong views and emotions that these issues evoke. We have been through a dark and painful chapter in our history. But at a time of great challenges and disturbing disunity, nothing will be gained by spending our time and energy laying blame for the past. Our national greatness is embedded in America’s ability to right its course in concert with our core values, and to move forward with confidence. That is why we must resist the forces that divide us, and instead come together on behalf of our common future.

The United States is a nation of laws. My Administration will always act in accordance with those laws, and with an unshakeable commitment to our ideals. That is why we have released these memos, and that is why we have taken steps to ensure that the actions described within them never take place again.

Note: The following text is a quote:

http://www.whitehouse.gov/the_press_office/Remarks-by-the-President-to-CIA-employees-at-CIA-Headquarters/

THE BRIEFING ROOM

THE WHITE HOUSE

Office of the Press Secretary

For Immediate Release
April 20, 2009

REMARKS BY THE PRESIDENT
TO CIA EMPLOYEES

CIA Headquarters
Langley, Virginia

3:41 P.M. EDT

THE PRESIDENT: Thank you, everybody. (Applause.) Thank you. Thank you. (Applause.) Well, thank you for the extraordinary welcome. And thanks, for those of you who prepared from the CIA gift shop — (laughter) — the t-shirts, the caps, the water bottles. (Laughter.) Michelle and the girls will appreciate that very much. (Laughter.)

It is a great honor to be here with the men and women of the CIA. I’ve been eager to come out here to Langley for some time so I can deliver a simple message to you in person on behalf of the American people: Thank you. Thank you for all the work that you do to protect the American people and the freedom that we all cherish.

The CIA is fundamental to America’s national security. And I want you to know that that’s why I nominated such an outstanding public servant and close friend, Leon Panetta, to lead the agency. He is one of our nation’s finest public servants, he has my complete confidence, and he is a strong voice in my national security team, as well as a strong advocate for the men and women of the CIA.

I also benefit from the counsel of several agency veterans — chief among them, Steve Kappes, who’s stayed on to serve as Leon’s Deputy, and he’s done outstanding work. (Applause.) I have to add just as an aside, by the way, I just met with a smaller group of about 50 so we could have a dialogue, and all of you look really young. (Laughter.) And so to have a graybeard literally and figuratively — (laughter) — like Steve Kappes here I think is absolutely critical.

I also want you to know that we have one of your own, John Brennan, who is doing a terrific job as my advisor for counterterrorism and homeland security. And we are very grateful for the work that he does and the insights that he brings from his long years of service here at the CIA.

And I’d be remiss if I didn’t mention the extraordinary former CIA officer and Director of Central Intelligence, Bob Gates, who is also part of our Cabinet and every once in a while gives me a few tips. (Applause.)

Let me share with you just a few thoughts about the situation in which we find ourselves. First, I want to underscore the importance of the CIA. When the CIA was founded, you were focused on one overarching threat: the Soviet Union. And for decades, the CIA carried out a critically important mission. With the end of the Cold War, some wondered how important the CIA would be to our future. Now we know.

Here in the 21st century, we’ve learned that the CIA is more important than ever, for, as Leon mentioned, we face a wide range of unconventional challenges: stateless terrorist networks like al Qaeda, the spread of catastrophic weapons, cyber threats, failed states, rogue regimes, persistent conflict, and now we have to add to our list piracy.

The CIA is unique in the capabilities of collection, analysis and operation that you bring to bear. So you are an indispensable tool, the tip of the spear, in America’s intelligence mission and our national security. It is because of you that I can make good decisions. You prove that the key to good intelligence is not simply technology — it’s the quality of the men and women who have signed up to serve.

You’re on the front lines against unconventional challenges. You help us understand the world as it is. You support the work of our troops and our diplomats and law enforcement officers. You disrupt terrorist plots and you’re critical to our efforts to destroy terrorist networks. You serve capably, courageously, and from here in Virginia to dangerous outposts around the globe, you make enormous sacrifices on our behalf. So you should be proud of what you do.

Second, you need to know that you’ve got my full support. For decades, the American people have counted on you to protect them. I know that I’ve come to personally count on your services; I rely on your reporting and your analysis, which finds its way onto my desk every single day.

And I know you’ve got a tough job. I know there’s no margin for error. And I know there are endless demands for intelligence and there is an urgent necessity to collect and analyze information, and to work seamlessly with other agencies to act on it. And what makes it tougher is when you succeed –- as you so often do — that success usually has to stay secret. So you don’t get credit when things go good, but you sure get some blame when things don’t. Now — (laughter) — I got a “Amen” corner out here. (Laughter.)

Now, in that context I know that the last few days have been difficult. As I made clear in releasing the OLC memos — as a consequence of a court case that was pending and to which it was very difficult for us to mount an effective legal defense — I acted primarily because of the exceptional circumstances that surrounded these memos; particularly the fact that so much of the information was public, had been publicly acknowledged, the covert nature of the information had been compromised.

I have fought to protect the integrity of classified information in the past, and I will do so in the future. And there is nothing more important than protecting the identities of CIA officers. So I need everybody to be clear: We will protect your identities and your security as you vigorously pursue your missions. I will be as vigorous in protecting you as you are vigorous in protecting the American people.

Now, I have put an end to the interrogation techniques described in those OLC memos, and I want to be very clear and very blunt. I’ve done so for a simple reason: because I believe that our nation is stronger and more secure when we deploy the full measure of both our power and the power of our values –- including the rule of law. I know I can count on you to do exactly that.

There have been some conversations that I’ve had with senior folks here at Langley in which I think people have expressed understandable anxiety and concern. So I want to make a point that I just made in the smaller group. I understand that it’s hard when you are asked to protect the American people against people who have no scruples and would willingly and gladly kill innocents. Al Qaeda is not constrained by a constitution. Many of our adversaries are not constrained by a belief in freedom of speech, or representation in court, or rule of law. I’m sure that sometimes it seems as if that means we’re operating with one hand tied behind our back, or that those who would argue for a higher standard are naïve. I understand that. You know, I watch the cable shows once in a while. (Laughter.)

What makes the United States special, and what makes you special, is precisely the fact that we are willing to uphold our values and our ideals even when it’s hard, not just when it’s easy; even when we are afraid and under threat, not just when it’s expedient to do so. That’s what makes us different.

So, yes, you’ve got a harder job. And so do I. And that’s okay, because that’s why we can take such extraordinary pride in being Americans. And over the long term, that is why I believe we will defeat our enemies, because we’re on the better side of history.

So don’t be discouraged by what’s happened in the last few weeks. Don’t be discouraged that we have to acknowledge potentially we’ve made some mistakes. That’s how we learn. But the fact that we are willing to acknowledge them and then move forward, that is precisely why I am proud to be President of the United States, and that’s why you should be proud to be members of the CIA. (Applause.)

Third point — third point: I want you to know how much the American people appreciate your service. Sometimes it’s hard to acknowledge sacrifices made by the people whose work or even identity must remain secret. And that’s part of the enormous burden that you carry when you sign up. You make extraordinary sacrifices giving up parts of your life in service to your country. Many of you take long deployments overseas. You miss seeing your families. You miss weekend barbecues and the birthday parties, watching your children grow up. You can’t even exchange in the simplest pleasure of talking about your job or complaining about your job openly. (Laughter.)

There are few signs of patriotism more powerful than offering to serve out of the limelight. And so many of you have signed up to serve after 9/11 — that’s partly why you’re all so young — fully aware of the dangers before you. You serve courageously, but your courage is only known to a few. You accomplish remarkable things, but the credit you receive is the private knowledge that you’ve done something to secure this country.

That’s a sacrifice that’s carved into those marble walls. Those 89 stars stand as a testament to both the men and women of the CIA who gave their lives in service to their country, and to all who dedicate themselves to the mission of this Agency.

Now we must look forward to the future with confidence. All that you’ve achieved, I believe that the CIA’s best days are still yet to come. And you will have my support and appreciation as you carry on this critical work. We live in dangerous times. I am going to need you more than ever, precisely because we’re seeing changes in our foreign policy and we want to send a new message to the world. That requires better intelligence, not less of it. That means that we’re going to have to operate smarter and more effectively than ever.

So I’m going to be relying on you and the American people are going to rely on you. And I hope that you will continue to take extraordinary pride in the challenges that come with the job.

Thank you very much. God bless you, and God bless the United States of America. (Applause.)

END
3:48 P.M. EDT

Note: The following text is a quote:

http://www.whitehouse.gov/blog/09/04/20/What-Makes-the-United-States-Special/

THE BRIEFING ROOM • THE BLOG

Monday, April 20th, 2009 at 7:50 pm
“What Makes the United States Special”

Last week the President released memos issued by the Office of Legal Counsel between 2002 and 2005 as part of an ongoing court case. The memos discussed techniques that were used in the interrogation of terrorism suspects during that period, techniques that President Obama has disavowed. Today the President visited CIA Headquarters in Langley, Virginia to speak to CIA employees directly. Telling them of his great faith in them, and the faith that the American people have in them, he went on to discuss precisely why he has decided to change interrogation policy for the United States:

http://www.frontpagemag.com/Articles/Read.aspx?GUID=C860E5C8-E88A-4C53-9E61-500546583075

“This is Torture?”
By Jacob Laksin
FrontPageMagazine.com | Tuesday, April 21, 2009

SNIPPET: “The Obama administration got one thing right – and a great deal wrong – with its release last week of the so-called “interrogation memos,” a series of legal documents produced by the Bush-era Office of Legal Counsel and detailing some of the harsher interrogation methods used by the CIA against high-level al-Qaeda operatives.

To its credit, the administration vetoed the possibility of legal prosecution for either the memos’ Justice Department authors or the CIA personnel who conducted the interrogations, rejecting appeals from the anti-anti-terror Left, most prominently the ACLU, which had sued for the memos’ release. Despite a backlash from its partisan base, the administration has stood firm on that decision, with White House chief of staff Rahm Emanuel being only the latest figure to affirm that the administration will not be pursuing the “retribution” that many of its supporters demand.

Nevertheless, the administration erred in releasing the memos. The reason has been most compellingly stated by former CIA director Michael Hayden. Hayden points out that disclosing details of U.S. interrogation tactics will only allow terrorist suspects to resist intelligence questioning in the future by revealing “the outer limits that any American would ever go in terms of interrogating an al-Qaeda terrorist.” Hayden’s argument holds true even if the tactics described in the memos are no longer used, and even if, as the administration argues, many of the details had previously been made public in reports on detainee treatment by the Red Cross. Interrogation techniques are effective only to the extent that they confound a detainee’s expectations about the kinds of treatment he may receive. By revealing the precise boundaries of that treatment, and by making them official, the administration has made al-Qaeda’s job that much easier.

The administration’s other mistake was to endorse the view, promulgated by the Left, that the techniques described in the memos deserve to be called “torture.” Even a cursory examination indicates otherwise.”

QUOTE:

http://www.freerepublic.com/focus/f-news/2235499/posts

Obama Damages National Security by “Muddled” “Confused” Policy
Flopping Aces ^ | Wednesday, April 22nd, 2009 at 1:28 pm | Mike’s America
Posted on April 22, 2009 1:59:13 PM PDT by Ernest_at_the_Beach

The damage at CIA may have deadly consequences!

The Politico reports that Obama’s missteps on “torture” are “muddled” and “confused.” The idea that an incoming Administration will investigate and prosecute it’s predecessor is wrong on so many levels. In this case, the direct impact may be felt hardest by those charged with the difficult job of discovering where the next terrorist attack will come.

Slow Roll Time At Langley
By David Ignatius
Washington Post
Wednesday, April 22, 2009

…Sad to say, it’s slow roll time at Langley after the release of interrogation memos that, in the words of one veteran officer, “hit the agency like a car bomb in the driveway.” President Obama promised CIA officers that they won’t be prosecuted for carrying out lawful orders, but the people on the firing line don’t believe him. They think the memos have opened a new season of investigation and retribution.

The lesson for younger officers is obvious: Keep your head down. Duck the assignments that carry political risk. Stay away from a counterterrorism program that has become a career hazard.

Obama tried personally to reassure the CIA workforce during a visit to Langley on Monday. He said all the right things about the agency’s clandestine role. But it had the look of a campaign event, with employees hooting and hollering and the president reading from his teleprompter with a backdrop of stars that commemorate the CIA’s fallen warriors. By yesterday, Obama was deferring to the attorney general whether to prosecute “those who formulated those legal decisions,” whatever that means.
…
For a taste of what’s ahead, recall the chilling effects of past CIA scandals. In 1995, then-Director John Deutch ordered a “scrub” of the agency’s assets after revelations of past links to Guatemalan death squads.

(Excerpt) Read more at floppingaces.net ...

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