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 The memo, authored by John Yoo, was subsequently rescinded, amidst widespread criticism.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
Environment
Press release
Position on the Cool Corridors Act of 2025

The Federation of American Scientists supports H.R. 4420, the Cool Corridors Act of 2025, which would reauthorize the Healthy Streets program through 2030 and seeks to increase green and other shade infrastructure in high-heat areas. 

07.29.25 | 1 min read
read more
Emerging Technology
Blog
What’s Progress and What’s Not in the Trump Administration’s AI Action Plan

The current lack of public trust in AI risks inhibiting innovation and adoption of AI systems, meaning new methods will not be discovered and new benefits won’t be felt. A failure to uphold high standards in the technology we deploy will also place our nation at a strategic disadvantage compared to our competitors.

07.28.25 | 6 min read
read more
Government Capacity
Policy Memo
Bringing Transparency to Federal R&D Infrastructure Costs

Using the NIST as an example, the Radiation Physics Building (still without the funding to complete its renovation) is crucial to national security and the medical community. If it were to go down (or away), every medical device in the United States that uses radiation would be decertified within 6 months, creating a significant single point of failure that cannot be quickly mitigated.

07.25.25 | 8 min read
read more
Environment
Policy Memo
A Certification System for Third Party Climate Models to Support Local Planning and Flood Resilience

The federal government can support more proactive, efficient, and cost-effective resiliency planning by certifying predictive models to validate and publicly indicate their quality.

07.24.25 | 8 min read
read more