Haynes Memo of Nov 27, 2002

by William James Haynes II and Donald Rumsfeld

(Stamped) UNCLASSIFIED

General Counsel of the Department of Defense

1600 Defense Pentagon

Washington, DC 20301-1600

SECRET/NOFORN

FOR: SECRETARY OF DEFENSE

FROM: William J. Haynes II, General Counsel (Signature)

SUBJECT: Counter-Resistance Techniques

The Commander of USSOUTHCOM has forwarded a request by the Commander of Joint Task Force 170 (Now JTF GTMO) for approval of counter-resistance techniques to aid in the interrogation of detainees at Guantanamo Bay (Tab A).

The request contains three categories of counter-resistance techniques, with the first category the least aggressive and the third category the most aggressive (Tab B).

I have discussed this with the deputy, Doug Feith and General Myers. I believe that all join in my recommendation that, as a matter of policy, you authorize the commander of USSOUTHCOM to employ, at his discretion, only Categories I and II and the fourth technique listed in Category III ("Use of mild, non-injurious physical contact such as grabbing, poking in the chest with the finger, and light pushing").

While all Category III techniques may be legally available, we believe that, as a matter of policy, a blanket approval of Category III techniques is not warranted at this time. Our Armed Forces are trained to a standard of interrogation that reflects a tradition of restraint.

RECOMMENDATION: That SECDEF approve the USSOUTHCOM Commander's use of those counter-resistance techniques listed in Categories I and II and the fourth technique listed in Category III during the interrogation of detainees at Guantanamo Bay.

SECDEF Decision:

Approved___(Signature of Rumsfeld)__ Disapproved ________ Other _________

(Handwritten note by Rumsfeld) However, I stand for 8-10 hours a day. Why is standing limited to 4 hours? - D.R.

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