Ensuring Lawful Interrogations (E.O. 13491)

Summary

Makes sure that when the U.S. questions people it has captured, it is done fairly and without cruelty, following specific Army rules.

What problem does this solve?

After September 11, 2001, some U.S. interrogation methods were considered cruel and inhumane. This order stops those practices by requiring all government agencies to follow the Army Field Manual for interrogations and closing secret CIA prisons.

What does this order do?

Requires all interrogations to follow the Army Field Manual

Makes all government agencies use only the interrogation methods listed in the Army Field Manual 2-22.3. This creates one clear standard for how to question detainees.

Closes all CIA detention facilities

Orders the Central Intelligence Agency (CIA) to close any detention facilities it operates as quickly as possible and forbids it from opening any new ones in the future.

Cancels previous executive orders and secret directives

Revokes Executive Order 13440 and any other secret orders, especially those given to the CIA after September 11, 2001, that conflict with these new rules.

Creates a task force to review interrogation policies

Establishes a special group of top officials to study whether the Army Field Manual's techniques are effective for all agencies and to review policies for transferring detainees to other countries.

Guarantees Red Cross access to detainees

Requires all U.S. government agencies to notify and provide the International Committee of the Red Cross timely access to any person detained in an armed conflict.

Rejects past legal opinions on interrogation

Forbids government employees from relying on any legal interpretations about interrogation that were issued by the Department of Justice between September 11, 2001, and January 20, 2009.

Who does this affect?

Individuals detained by the U.S. in armed conflicts
U.S. military and intelligence personnel
Central Intelligence Agency (CIA) employees

What is the real world impact?

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Restores international standing

Aims to repair the United States' reputation by publicly committing to international laws like the Geneva Conventions and banning controversial interrogation techniques.

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Creates a single standard for interrogations

Ensures all government agencies, including the CIA, follow the same set of rules for interrogations, using the Army Field Manual as the baseline to prevent confusion and abuse.

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May limit intelligence gathering

Critics might argue that restricting interrogation methods to only those in the Army Field Manual could prevent officials from getting needed information from dangerous individuals who do not respond to standard questioning.

When does this start?

This order took effect immediately on January 22, 2009, and sets a deadline for a special task force.

Task force report deadline

The Special Task Force on Interrogation and Transfer Policies must give its report to the President within 180 days of the order's date.