Secret memo shows harsh CIA tactics approved

'Saved American lives'
That unsigned memo defends interrogations but warns those authorizing them to be fully aware of the then-emerging international and U.S. legal debate surrounding the issue. It appears to serve as groundwork to defend the legality of interrogations — including waterboarding — if necessary.

"Intelligence gained using the interrogation techniques has saved Americans lives and property," the unsigned memo states.

It pointed to the August 2002 Justice Department opinion that concluded "interrogation techniques including the waterboard do not violate the torture statute."

For several years, the Bush administration relied on the findings in that 2002 opinion to maintain its interrogations did not amount to torture — and therefore had not violated any U.S. or international treaties on how detainees are treated.

However, the one-page undated memo highlights legislation by Sen. Dick Durbin, D-Ill., prohibiting cruel, inhuman or degrading treatment of detainees. The amendment was approved by the Senate in June 2004 and was part of a 2005 military budget bill that became law in October 2004.

It also notes a 2004 Supreme Court decision — which found that terror suspects held at Guantanamo Bay could challenge their detention in U.S. courts — that "raises possible concerns about judicial review of the program, and these issues."

The Bush administration maintains waterboarding was legal when it was used by CIA interrogators in 2002 and 2003 against top al-Qaida detainees Khalid Sheikh Mohammed, Abu Zubaydah and Abd al-Rahim al-Nashiri. CIA Director Hayden said waterboarding was used, in part, because of widespread belief among U.S. intelligence officials that more catastrophic attacks were imminent.

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