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CONTACT: media@aclu.org
ACLU Also Seeking Justice Department Memo Authorizing CIA Interrogation
Techniques
NEW YORK -- In the wake of controversy over CIA “extraordinary rendition”
policies and secret prisons, the American Civil Liberties Union has asked a
federal court to reconsider its previous decision to uphold the CIA’s refusal to
admit even the existence of two key documents on interrogation techniques and
detention facilities abroad.
“As the Bush administration seeks to exempt the CIA from a proposed ban on
torture, the American public has a right to know what interrogation techniques
the CIA considers lawful and appropriate,” said ACLU Executive Director Anthony
D. Romero. “President Bush himself has said, ‘we do not torture.’ If that’s the
case, why does the government continue to fight tooth and nail to withhold
documents that would shed light on CIA interrogation techniques?”
The two documents in question are a directive signed by President Bush
granting the CIA the authority to set up detention facilities outside the United
States and outlining interrogation methods that may be used against detainees,
and a Justice Department memorandum specifying interrogation methods that the
CIA may use against top Al-Qaeda members.
The ACLU argues that the CIA improperly invoked a legal argument known as the
“Glomar” response, under which it can refuse to confirm or deny the existence of
the documents requested under the Freedom of Information Act. In legal papers
previously filed before the court, the CIA claimed that to even admit that the
agency has an interest in detainee interrogations would be damaging to national
security. However, in a legal motion filed late Friday, the ACLU argued that the
CIA’s claims are not valid because its own director, Porter J. Goss, has
publicly acknowledged that the CIA does in fact participate in the interrogation
of detainees.
“By its own admission, the CIA has publicly acknowledged that it conducts
detainee interrogations following the Justice Department’s legal advice,” said
Amrit Singh, an attorney with the ACLU. “Yet, in sworn declarations before a
court of law, the agency argued that confirming even an interest in
interrogation techniques would cause damage to national security. Not only is
this argument meritless, it is also misleading.”
Goss was quoted by several media outlets in November defending the CIA’s
participation in interrogations, saying that the agency uses interrogation
techniques that are “unique” and “innovative.” He has also acknowledged that the
agency uses or has used methods that would be prohibited under Senator John
McCain’s proposal to ban “cruel, inhuman or degrading” treatment of detainees.
Judge Alvin K. Hellerstein previously ruled that the CIA could invoke
“Glomar” with respect to those two documents, but that the agency improperly
invoked “Glomar” with respect to a separate Justice Department memorandum
interpreting the Convention Against Torture, which had also been
requested by the ACLU. Based on Goss’ recent statements, the ACLU is asking
Judge Hellerstein to reconsider his decision with respect to the two documents
for which he upheld the CIA’s “Glomar” response.
On November 22, the CIA informed Judge Hellerstein that it would not appeal
the decision on the Convention Against Torture memorandum, unless the ACLU
decides to appeal the rulings on the other two documents.
The ACLU’s motion is online at: www.aclu.org/natsec/warpowers/22585lgl20051212.html
To date, more than 77,000 pages of government documents have been released in
response to the ACLU's Freedom of Information Act lawsuit. The ACLU has been
posting these documents online at www.aclu.org/torturefoia.
