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