FAS

2003 OLC Memo on Interrogation Declassified

04.02.08 | 1 min read | Text by Steven Aftergood

A 2003 memo from the Justice Department Office of Legal Counsel that appears to authorize abusive interrogation of suspected unlawful combatants outside the United States was declassified this week.

The memo (pdf) concludes that criminal statutes that would preclude torture and other forms of physical abuse “do not apply to properly-authorized interrogations of enemy combatants.” The memo, authored by John Yoo, was subsequently rescinded, amidst widespread criticism.

From a secrecy policy point of view, the document itself exemplifies the political abuse of classification authority. Though it was classified at the Secret level, nothing in the document could possibly pose a threat to national security, particularly since it is presented as an interpretation of law rather than an operational plan. Instead, it seems self-evident that the legal memorandum was classified not to protect national security but to evade unwanted public controversy.

What is arguably worse is that for years there was no oversight mechanism, in Congress or elsewhere, that was capable of identifying and correcting this abuse of secrecy authority. (Had the ACLU not challenged the withholding of the document in court, it would undoubtedly remain inaccessible.) Consequently, one must assume similar abuses of classification are prevalent.

The 81-page memorandum, dated March 14, 2003, is entitled “Military Interrogation of Alien Unlawful Combatants Held Outside the United States.”

publications
See all publications
State & Local Innovation
day one project
Policy Memo
Coloradans Should Require Data Center Measurements They Can Trust

Only through independent monitoring, reporting, and investigation on data centers’ environmental impacts, can we promote public trust, inform the allocation of natural resources, and enable responsible governance on future data center development.

08.26.26 | 12 min read
read more
Emerging Technology
day one project
Policy Memo
Establishing the Colorado Applied AI Workforce Initiative

Jobseekers, employees at smaller organizations, and local public workers need more than a weekend crash course in AI. They need practice choosing useful tasks, protecting data, testing outputs, and explaining where human judgment remains necessary.

08.26.26 | 8 min read
read more
State & Local Innovation
day one project
Policy Memo
How to Plan for Future Generations of Colorado Business Owners

The Colorado Succession Through Apprenticeship Program would turn two problems into one solution: a state-coordinated pipeline that trains graduates to evaluate and operate existing businesses, then connects them to owners ready to show them the ropes and eventually hand over the keys.

08.25.26 | 8 min read
read more
State & Local Innovation
day one project
Policy Memo
Modernizing Permitting to Lower Housing and Construction Costs

Colorado ranks second-to-last in housing affordability. Blame Colorado’s notoriously slow permitting system. It’s time for an upgrade.

08.25.26 | 10 min read
read more