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email stated that covert facilities would be operated "in a manner consistent with, but not pursuant to, the formal provision of appropriately comparable Federal instructions for the operation of prison facilities and the incarceration of inmates held under the maximum lawful security mechanisms." 's email recognized the CIA's lack of experience in running detention facilities, and stated that the CIA would consider acquiring cleared personnel from the Department of Defense or the Bureau of Prisons with specialized expertise to assist the CIA in operating the facilities.[1] On September 27, 2001, CIA Headquarters informed CIA Stations that any future CIA detention facility would have to meet "U.S. POW Standards."[2]
In early November 2001, CIA Headquarters further determined that any future CIA detention facility would have to meet U.S. prison standards and that CIA detention and interrogation operations should be tailored to "meet the requirements of U.S. law and the federal rules of criminal procedure," adding that "[s]pecific methods of interrogation w[ould] be permissible so long as they generally comport with commonly accepted practices deemed lawful by U.S. courts.[3] The CIA's search for detention site locations was then put on hold and an internal memorandum from senior CIA officials explained that detention at a U.S. military base outside of the United States was the "best option."[4] The memorandum thus urged the DCI to "[p]ress DOD and the US military, at highest levels, to have the US Military agree to host a long-term facility, and have them identify an agreeable location," specifically requesting that the DCI "[s]eek to have the US Naval Base at Guantanamo Bay designated as a long-term detention facility.[5]
Addressing the risks associated with the CIA maintaining a detention facility, the CIA memorandum warned that "[a]s captured terrorists may be held days, months, or years, the likelihood of exposure will grow over time," and that "[m]edia exposure could inflame public opinion against a host government and the U.S., thereby threatening the continued operation of the facility." The memorandum also anticipated that, "[i]n a foreign country, close cooperation with the host government will entail intensive negotiations."[6] The CIA memorandum warned that "any foreign country poses uncontrollable risks that could create incidents, vulnerability to the security of the facility, bilateral problems, and uncertainty over maintaining the facility."[7] The memorandum recommended the establishment of a "short-term" facility in which the CIA's role would be limited to "oversight, funding and responsibility." The
- ↑ Email from: to: [REDACTED]; subject: EYES ONLY – Capture and Detention; date: September 28, 2001, at 09:29:24 AM.
- ↑ DIRECTOR (272119ZSEP 01)
- ↑ November 7, 2001, Draft of Legal Appendix, "Handling Interrogation." See also Volume I.
- ↑ Memorandum for DCI from J. Cofer Black, Director of Counterterrorism, via Deputy Director of Central Intelligence, General Counsel, Executive Director, Deputy Director for Operations and Associate Director of Central Intelligence/Military Support, entitled,"Approval to Establish a Detention Facility for Terrorists."
- ↑ Memorandum for DCI from J. Cofer Black, Director of Counterterrorism, via Deputy Director of Central Intelligence, General Counsel, Executive Director,Deputy Director for Operations and Associate Director of Central Intelligence/Military Support, entitled, "Approval to Establish a Detention Facility for Terrorists."
- ↑ Memorandum for DCI from J. Cofer Black, Director of Counterterrorism, via Deputy Director of Central Intelligence, General Counsel, Executive Director,Deputy Director for Operations and Associate Director of Central Intelligence/Military Support, entitled, "Approval to Establish a Detention Facility for Terrorists."
- ↑ Memorandum for DCI from J. Cofer Black, Director of Counterterrorism, via Deputy Director of Central Intelligence, General Counsel, Executive Director, Deputy Director for Operations and Associate Director of Central Intelligence/Military Support, entitled, "Approval to Establish Detention facility for Terrorists."
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