Wednesday, April 15, 2009

The Missing Memos

by Dan Nguyen and Christopher Weaver, ProPublica - January 28, 2009 7:00 am EST

The Bush administration’s controversial policies on detentions, interrogations and warrantless wiretapping were underpinned by legal memoranda. While some of those memos have been released (primarily as a result of ACLU lawsuits), the former administration kept far more memos secret than has been previously understood. At least three dozen by our count.

The decision to release them now lies with President Obama. To help inform the debate—and inject an extra dose of accountability—we’re posting the first comprehensive list of the secret memos. (The ACLU first compiled a list, which ProPublica verified and expanded on.) 

Note: Our list is quite inclusive, but we have chosen to leave off some documents, such as early drafts of later memos.  

Click on the headline of each entry to see more information. Or mouse over the timeline and click on a box to jump to the corresponding entry. We’ll update the list if and when more memos are released.

Read about the authors behind the memos.

Check out our latest coverage on the memos.

   

        

       

 

Date

Authors

Title

Subject

Status

7/16/04

Assistant Attorney General, OLC

Memo evaluating a Supreme Court decision

Surveillance

Secret

8/9/04

Daniel Levin

Draft memo on classified intelligence activities

Surveillance

Secret

12/06/04

Daniel Levin

Legal counsel for review of prisoners' status

Detainee Treatment

Secret

12/30/04

Daniel Levin

Rolls back narrow definition of torture

Detainee Treatment

Public

2/4/05

Daniel Levin

Advice on a previous opinion concerning interrogation

Detainee Treatment

Secret

10/04/01

Deputy Assistant Attorney General, OLC

Legal standards for intelligence methods

Surveillance

Secret

11/02/01

Deputy Assistant Attorney General, OLC

Legality of communications intelligence program

Surveillance

Secret

1/9/02

Deputy Assistant Attorney General, OLC

Reauthorization of warrantless wiretapping program

Surveillance

Secret

10/11/02

Deputy Assistant Attorney General, OLC

Legality of communications intelligence activities

Surveillance

Secret

2/25/03

Deputy Assistant Attorney General, OLC

Legal uses of intelligence collected

Surveillance

Secret

9/25/01

Deputy Assistant Attorney General, OLC

Expanding the scope of electronic surveillance

Surveillance

Public

2/7/02

George W. Bush

Humane Treatment of al Qaeda and Taliban Detainees

Detainee Treatment

Public

3/11/04

Jack L. Goldsmith, III

Letter on classified intelligence activities

Surveillance

Secret

3/12/04

Jack L. Goldsmith, III

Memo on classified intelligence activities

Surveillance

Secret

3/15/04

Jack L. Goldsmith, III

Draft memo on classified intelligence activities

Surveillance

Secret

3/18/04

Jack L. Goldsmith, III

Exceptions to Geneva Convention for detainees in Iraq

Detainee Treatment

Public

3/19/04

Jack L. Goldsmith, III

Legal rendition of Protected Persons in Iraq

Detainee Treatment

Public

11/18/03

Jack L. Goldsmith, III; Robert Delahunty

Interpretation of the Geneva Convention

Detainee Treatment

Secret

3/16/04

James B. Comey

Legal guidance on classified intelligence activities

Surveillance

Secret

3/30/04

James B. Comey

Briefing to Ashcroft on the warrantless wiretapping program

Surveillance

Secret

2/1/02

James C. Ho

The Geneva Convention and terrorist groups

Detainee Treatment

Secret

1/11/02

Jay S. Bybee

Administration's power to interpret international law

Detainee Treatment

Secret

1/26/02

Jay S. Bybee

Options for interpreting the Geneva Conventions

Detainee Treatment

Secret

2/7/02

Jay S. Bybee

POW status for Taliban fighters

Detainee Treatment

Public

3/13/02

Jay S. Bybee

RE: The President's Power as Commander in Chief to Transfer Captured Terrorists to the Control and Custody of Foreign Nations

Detainee Treatment

Public

6/13/02

Jay S. Bybee

The authority to board foreign ships at sea

Executive Power

Secret

8/1/02

Jay S. Bybee

Determines whether a specific interrogation was torture

Detainee Treatment

Secret

8/1/02

Jay S. Bybee

Redefines torture

Detainee Treatment

Public

1/22/02

Jay S. Bybee; John C. Yoo

RE: Application of Treaties and Laws to al Qaeda and Taliban Detainees

Detainee Treatment

Public

3/5/02

Joan L Larsen; Gregory F. Jacob

Habeas corpus relief for detainees

Detainee Treatment

Secret

9/25/01

John C. Yoo

President's authority to use military force abroad and in U.S.

Executive Power

Public

11/05/01

John C. Yoo

Deputy Attorney General's authority to approve warrantless wiretapping

Surveillance

Public

12/21/01

John C. Yoo

Criminal charges against American terrorists

Detainee Treatment

Secret

1/24/02

John C. Yoo

U.S. obligations under international law

Detainee Treatment

Secret

1/24/02

John C. Yoo

Options for interpreting the Geneva Conventions

Detainee Treatment

Secret

6/27/02

John C. Yoo

President's authority to detain U.S. citizens

Detainee Treatment;Executive Power

Public

7/22/02

John C. Yoo

Convention Against Torture has limited application in the U.S.

Detainee Treatment

Secret

8/1/02

John C. Yoo

Torture can be prosecuted only if there was 'specific intent' to harm

Detainee Treatment

Public

2/7/03

John C. Yoo

Response to American Bar Association's criticism of detention policy

Detainee Treatment

Secret

3/14/03

John C. Yoo

Constitution doesn't apply at Gitmo and other offshore prisons

Detainee Treatment

Public

10/23/01

John C. Yoo; Robert Delahunty

Fourth Amendment doesn't apply to military operations abroad or in U.S.

Executive Power

Public

11/20/01

John C. Yoo; Robert Delahunty

Laws and treaties regarding treatment of prisoners

Detainee Treatment

Secret

1/14/02

John C. Yoo; Robert J. Delahunty

The War Crimes Act's application to American interrogators

Detainee Treatment

Secret

11/06/01

Patrick F. Philbin

The president's authority to create war crimes tribunals

Detainee Treatment;Executive Power

Public

4/8/02

Patrick F. Philbin

Military commissions not covered by Swift Justice law

Detainee Treatment

Public

5/18/04

Rene L. Lerner; Adrien Silas

Legal advice on McCain anti-torture legislation

Detainee Treatment

Secret

9/8/03

Sheldon Bradshaw

Legal advice on draft legislation

Detainee Treatment

Secret

5/10/05

Steven G. Bradbury

Approval of CIA interrogation techniques

Detainee Treatment

Secret

5/10/05

Steven G. Bradbury

Approval of CIA interrogation techniques

Detainee Treatment

Secret

5/30/05

Steven G. Bradbury

Determination that all CIA interrogations were legal

Detainee Treatment

Secret

6/1/03

The White House

Approval of CIA interrogation techniques

Detainee Treatment

Secret

7/?/2004

White House

Approval of CIA interrogation techniques

This memo reaffirms the White House's support for the CIA's interrogation program, according to a Washington Post report. The actual date of this memo is not known.

How we know: Made public by the Washington Post

Recipient: George Tenet, Director of Central Intelligence

Link to this entry

Detainee Treatment

Secret