Washington, DC, April 3, 2012 – The State Department today released a February 2006 internal memo from the Department's then-counselor opposing Justice Department authorization for "enhanced interrogation techniques" by the CIA. All copies of the memo (Document 1), which reflect strong internal disagreement within the George W. Bush administration over the constitutionality of such techniques, were thought to have been destroyed. But the State Department located a copy and declassified it in response to a Freedom of Information Act request by the National Security Archive.
The author of the memo, Philip D. Zelikow, counselor to then-Secretary of State Condoleezza Rice, described the context of the memo in congressional testimony on May 13, 2009, and in an article he had previously published on foreignpolicy.com site on April 21, 2009.
"At the time, in 2005 [and 2006]," he wrote, "I circulated an opposing view of the legal reasoning. My bureaucratic position, as counselor to the secretary of state, didn't entitle me to offer a legal opinion. But I felt obliged to put an alternative view in front of my colleagues at other agencies, warning them that other lawyers (and judges) might find the OLC views unsustainable."
OLC refers to the Justice Department's Office of Legal Counsel.
"My colleagues were entitled to ignore my views," he continued. "They did more than that: The White House attempted to collect and destroy all copies of my memo. I expect that one or two are still at least in the State Department's archives."
Zelikow attached two other memos to his May 2009 congressional testimony (Document 3) that were publicly released at that time (Document 4 and Document 5), but his February 2006 memo remained classified. In later public statements, Zelikow argued that the latter document should also be released since the OLC memos themselves had already been opened to the public by the Obama administration. read more with document links>>>