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that does not further this government interest, See infra pp 29-31 TOP SECRET REDACTED END PAGE 29
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footnote continued from previous page....the malicious or sadistic infliction of harm. Rather, as discussed in the text, interrogation
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the CIA's practice confirms the program's selectivity. ______________ used the waterboard ___________ detainees to date---KSM,
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to elicit _____ information within the perceived time limit for preventing the attack." "August 2 Rizzo Letter" (attachment). Once again,
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Use of the waterboard is limited ______ further, requiring ________ intelligence that a terrorist attack __________ ... substantial
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or has ____ directly involved in the planning of attacks. January 4 ________ as at 5; supra p. 5, The ______that enhanced techniques
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"senior member of al-Qai'da or [its affiliates]," and the detainee has "knowledge of imminent terrorist ______ against the USA"
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the Memorandum of Notification, ensure that the techniques are not used unless the CIA reasonably believes that the detainee is a
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procedures, which the CIA imposes in addition to the standards applicable to activities conducted pursuant to paragraph four of
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will be used only in the interrogation of the detainees who are most likely to have critical, actionable intelligence. The CIA screening
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value detainees _________________________ ve also greatly increased the CIA's understanding of our enemy and its plans.
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failed to launch a spectacular attack in the West since 11 September 2001," "Effectiveness Memo" at 2, directly furthers that interest,
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vindicate through ___ interrogation program. Indeed, the program, which the CIA believes "has been a key reason that al-Qa'ida has
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see supra p. 9, indisputably pose a grave and continuing threat. "It is 'obvious and unarguable' that no governmental interest is
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United States against United States interests worldwide, as well as its continuing efforts to plan and to _______ such attacks
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TOP SECRET REDACTED PAGE 29 Al Qaeda's demonstrated ability to launch sophisticated attacks causing mass casualties within the
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does not involve or allow TOP SECRET REDACTED PAGE 28.
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purpose of causing harm'") (quoting "Whitley v Albers", 475 U.S. 3 320-21 (1986). The interrogation program we consider
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See 523 U.S. at 852-53 (analogizing the due _______ inquiry to the Eighth Amendment context ___ noting that in both cases "liability
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In addition, "Lewis" suggests that the Court's Eighth Amendment jurisprudence shed at least some light on the due process inquiry
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