http://www.nytimes.com/2007/03/25/washington/25interrogate.html?em
<http://www.nytimes.com/2007/03/25/washington/25interrogate.html?em&ex=11749
68000&en=3dbf71a08a246270&ei=5087%0A>
&ex=1174968000&en=3dbf71a08a246270&ei=5087%0A
C.I.A. Awaits Rules on Terrorism Interrogations
 A sharp debate within the Bush administration over the future of the
<http://topics.nytimes.com/top/reference/timestopics/organizations/c/central
_intelligence_agency/index.html?inline=nyt-org> Central Intelligence
Agency’s detention and interrogation program has left the agency without the
authority to use harsh interrogation techniques that the White House said
last fall were necessary in questioning terrorism suspects, according to
administration and Congressional officials. 

The agency for months has been awaiting approval for rules that would give
intelligence operatives greater latitude than military interrogators in
questioning terrorism suspects but would not include some of the most
controversial interrogation procedures the spy agency has used in the past. 

But the internal debate has left the C.I.A. program in limbo as top
officials struggle over where to set boundaries in the treatment of people
suspected of being involved in terrorist activities. Until the debate is
resolved, C.I.A. interrogators are authorized to use only interrogation
procedures approved by the Pentagon. 

The C.I.A.’s proposed interrogation rules are part of the first major
overhaul of the agency’s detention and interrogation program since the
agency began jailing terrorism suspects in 2002. The agency has already
decided to abandon some past interrogation techniques — among them
“waterboarding,” which induces a feeling of drowning — that human rights
groups and some lawmakers have argued are torture. 

Although it is unclear whether the C.I.A. has any prisoners in custody, the
White House has not repeated its earlier statements that the secret prisons
are empty. The C.I.A.’s proposed interrogation methods remain highly
classified, but they may include exposure to extreme temperatures and sleep
deprivation. 

Much of the debate over the interrogation rules has not been made public. A
draft of an executive order providing broad guidelines for interrogators was
rejected this year by State Department officials, who argued that the
language was too expansive and could leave the Bush administration open to
challenges, including some from American allies, that the White House was
legalizing practices that violated a provision of the Geneva Conventions.

The Supreme Court ruled last year that all prisoners in American captivity
must be treated in accordance with Common Article 3 of the Geneva
Conventions, which prohibits the humiliating and degrading treatment of
prisoners.

The struggle is evidence of shifting dynamics within the administration and
a rethinking of some of the most polarizing policies enacted after the Sept.
11, 2001, attacks to fight terrorism worldwide. 

Late last year, Defense Secretary
<http://topics.nytimes.com/top/reference/timestopics/people/g/robert_m_gates
/index.html?inline=nyt-per> Robert M. Gates forced a debate within the
administration about whether to close the military prison at Guantánamo Bay,
Cuba, and now some senior officials are questioning how far the C.I.A.
interrogation program should go beyond the Army Field Manual for
interrogations, which the Pentagon uses to train military interrogators. 

It has been six months since President Bush signed a bill authorizing the
secret C.I.A. interrogations — a measure the White House promoted as a
critical tool to obtain information from high-level terrorism suspects.

Several officials said the C.I.A. had not yet needed to press the White
House for the legal authority because there was no one in C.I.A. custody who
had required the “enhanced” interrogation techniques. 

Still, C.I.A. officials have maintained that it is important to get the
detention program on a solid legal footing and to give clarity to operatives
in the field about what is permissible and what is not. 

“At the end of the day, the director — any director — of C.I.A. must be
confident that what he has asked an agency officer to do under this program
is lawful,” the agency’s director, Gen.
<http://topics.nytimes.com/top/reference/timestopics/people/h/michael_v_hayd
en/index.html?inline=nyt-per> Michael V. Hayden, wrote in a note to agency
employees last September. “That’s the story here.”

Some officials said that while the C.I.A. would probably be able to get
legal approvals if the agency captured someone it wished to interrogate,
doing so could take precious time. The intelligence value of detainees
sometimes diminishes quickly. 

“You want established, clear rules in place,” said one American official
with knowledge of the debate over interrogations. “You don’t want agency
officials having to call back to headquarters for ‘Mother may I?’ ”

The Supreme Court decision forced the White House to press Congress for new
authority both to try terrorism suspects using military commissions and to
detain and interrogate high-level suspects in secret C.I.A. jails abroad. 

When President Bush signed the Military Commissions Act last October, the
White House released a statement calling the C.I.A. detention program “one
of the most successful intelligence efforts in American history.” The new
authority, Mr. Bush said, will “ensure that we can continue using this vital
tool to protect the American people for years to come.” 

But since passage of the bill, top officials have been wrestling with the
executive order and a separate legal opinion from the Justice Department’s
Office of Legal Counsel that would authorize the C.I.A. interrogation
techniques and explain why the techniques comply with the standards of the
Geneva Conventions. 

Gordon D. Johndroe, a spokesman for the
<http://topics.nytimes.com/top/reference/timestopics/organizations/n/nationa
l_security_council/index.html?inline=nyt-org> National Security Council,
said the executive order was expected in “the next few weeks.”

“The administration has been engaged in a deliberative and thoughtful
interagency process,” Mr. Johndroe said. “This process required additional
time as new officials, including the defense secretary, director of national
intelligence and White House counsel were brought into the deliberations.”

The Military Commissions Act states that the president “shall” issue an
executive order setting out broad guidelines for the interrogation of
detainees. Administration officials said the Justice Department had already
determined that the language did not compel the White House to issue such an
order, but that the administration still planned to complete the document. 

Some human rights groups remain skeptical that, even with the Justice
Department’s blessing, the new interrogation rules would meet international
standards governing the treatment of detainees. 

Specifically, they point to a series of Office of Legal Counsel memos
written in 2002 in which Justice Department lawyers took a broad view of
what is permissible under international conventions barring torture, and
said they feared that the office could again authorize interrogation
techniques that violate international law. 

“I would hope that the O.L.C. has learned its lesson and that they’re not
trying to split hairs and draw fine distinctions to undermine the spirit of
U.S. law,” said John Sifton, a researcher with
<http://topics.nytimes.com/top/reference/timestopics/organizations/h/human_r
ights_watch/index.html?inline=nyt-org> Human Rights Watch. 

Some lawmakers have expressed anger that the White House, after pushing
Congress to pass the Military Commissions Act last year, has yet to issue
the executive order. 

“Given the speed with which this bill was pushed through Congress last year,
the president should have lived up to his obligations under the law by now,”
said Senator John D. Rockefeller IV of West Virginia, chairman of the Senate
Intelligence Committee, in an e-mail message. 

“Providing legal clarity for our interrogators was one of the key factors in
my decision to support the Military Commissions legislation,” Mr.
Rockefeller said.

Both Mr. Rockefeller and Representative Silvestre Reyes, the Texas Democrat
who is chairman of the House Intelligence Committee, have questioned the
need for the C.I.A.’s secret prison network and have pledged to make
oversight of the agency’s detention and interrogation program a priority
during this session of Congress. 

The interrogation of high-level terrorism suspects in C.I.A. prisons is one
of the most criticized aspects of the Bush administration’s response to the
Sept. 11 attacks. 

The prison network was cloaked in secrecy until President Bush confirmed its
existence during a speech last September, when he announced that the 14
remaining inmates in C.I.A. prisons would be transferred to the military
prison at Guantánamo Bay. 

But President Bush defended the C.I.A.’s interrogation techniques as “safe
and lawful and necessary,” and said the spy agency would continue to detain
and question high-level terrorism suspects in the future. 

 



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