Ensuring Lawful Interrogations

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In simple terms

This executive order revoked the prior Bush-era interrogation framework, mandating that all U.S. government interrogations in armed conflicts comply with the Army Field Manual and Common Article 3 of the Geneva Conventions. It ordered closure of CIA detention facilities, required Red Cross access to detainees, and established an interagency task force to review interrogation and transfer policies.

Federal Register Open PDF 74 FR 4893

Record & deadlines

Jan 22, 2009Signed
Signed by the President
Jan 27, 2009FR published
Published in the Federal Register · 74 FR 4893
Federal Register PDF
Date TBD
CIA closure of detention facilities
Jul 21, 2009
Special Task Force report to President on interrogation and transfer policies

Key directives

Revoke Executive Order 13440 and all inconsistent CIA directives from 9/11/2001 to 1/20/2009
Mandate Army Field Manual 2-22.3 as sole authorized interrogation standard for all agencies in armed conflicts
Prohibit reliance on DOJ interrogation interpretations issued between 9/11/2001 and 1/20/2009
Order CIA to close all detention facilities 'as expeditiously as possible'
Require Red Cross notification and access to all detained individuals
Establish Special Interagency Task Force on Interrogation and Transfer Policies

Who is ordered

Prior policyRollback

revokeExecutive Order 13440 of July 20, 2007
revokeCIA executive directives, orders, and regulations from September 11, 2001, to January 20, 2009, concerning detention or interrogation
otherDepartment of Justice interpretations of law governing interrogation issued between September 11, 2001, and January 20, 2009

Related orders

What to expect

Immediate

Revocation of EO 13440 and inconsistent CIA directives
Army Field Manual becomes binding standard for all agencies
Prohibition on enhanced interrogation techniques
CIA detention facilities ordered closed

Near term (90d)

Task Force convenes and begins review
Agencies align internal directives with new standards
Red Cross access procedures implemented

Long term

Task Force report due
Potential revision of interrogation framework for non-military agencies
Structural shift in U.S. detention and interrogation policy

Risks & tensions

Vague 'as expeditiously as possible' timeline for CIA facility closures creates implementation uncertainty
Task Force may recommend different standards for non-military agencies, potentially creating dual-track system
FBI exemption for voluntary-statement techniques preserves some flexibility but could create interagency inconsistency
Prohibition on pre-2009 DOJ interpretations removes legal cover but may complicate interrogator training and confidence