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UNCLASSIFIED (TS////NF) In May 2003, a senior CIA interrogator would tell personnel from the CIA's Office of Inspector General that SWIGERT and DUNBAR's SERE school model was based on resisting North Vietnamese "physical torture" and was designed to extract "confessions for propaganda purposes" from U.S. airmen "who possessed little actionable intelligence." The CIA, he believed, "need[ed] a different working model for interrogating terrorists where confessions are not the ultimate goal."

(TS////NF) After the July 2002 meetings, the CIA'sCTC Legal,, drafted a letter to Attorney General John Ashcroft asking the Department of Justice for "a formal declination of prosecution, in advance, for any employees of the United States, as well as any other personnel acting on behalf of the United States, who may employ methods in the interrogation of Abu Zubaydah that otherwise might subject those individuals to prosecution." The letter further indicated that "the interrogation team had concluded" that "the use of more aggressive methods is required to persuade Abu Zubaydah to provide the critical information we need to safeguard the lives of innumerable innocent men, women and children within the United States and abroad." The letter added that these "aggressive methods" would otherwise be prohibited by the torture statute, "apart from potential reliance upon the doctrines of necessity or of self-defense." This letter was circulated internally at the CIA, including to SWIGERT; however, there are no records to indicate it was provided to the attorney general.

(TS////NF) On July 13, 2002, CTC Legal,, and the CIA's acting general counsel, John Rizzo, met with attorneys from the National Security Council and the Department of Justice Office of Legal Counsel (OLC), as well as with Michael Chertoff, the head of the Department of Justice Criminal Division, and Daniel Levin, the chief of staff to the FBI director, to provide an overview of the CIA's proposed interrogation techniques and to ask for a formal, definitive DOJ opinion regarding the lawfulness of employing the specific CIA interrogation techniques against Abu Zubaydah.

(TS////NF) The CIA attorneys described the 12 proposed interrogation techniques and told the Department of Justice and National Security Council attorneys that Abu Zubaydah continued to withhold critical intelligence on the identities of al-Qa'ida personnel in the United States and planned al-Qa'ida attacks. The CIA attorneys also told the group that CIA officers were complemented by:

UNCLASSIFIED
 * "expert personnel retained on contract who possess extensive experience, gained within the Department of Defense, on the psychological and physical Page 33 of 499