DECISION BRIEF FOR THE PRESIDENT OF THE UNITED

DECISION BRIEF FOR THE PRESIDENT OF THE UNITED STATES WITH RECOMMENDED COURSE OF ACTION: OPTIONS FOR INTERROGATION OF AYMAN AL ZAWAHIRI CLASSIFIED - TOP SECRET

SITUATION: AYMAN AL ZAWAHIRI CAPTURED IN PAKISTAN, REFUSES COOPERATION WITH AMERICAN INTERROGATORS • Egyptian national, Al Qaeda (AQ) operational commander, top lieutenant to Osama bin Laden • Wanted by FBI for his role in planning many of the most significant terror attacks of past decade • 1998 U. S. embassy attacks; 2000 USS Cole attack; September 11, 2001 • Sentenced to death in his native Egypt for anti-government activity • Captured in Quetta, Pakistan, on 5 October in a joint U. S. Pakistani operation • Has refused to speak with American investigators The Purpose of This Brief is to Explore U. S. and Allied Options for Interrogation of Ayman al Zawahiri CLASSIFIED - TOP SECRET

POTENTIAL COURSES OF ACTION • COA #1: DO NOT USE COERCIVE INTERROGATION TECHNIQUES. RENDER ZAWAHIRI TO U. S. FOR TRIAL BY MILITARY COMMISSION. • COA #2: RENDER ZAWAHIRI TO EGYPT FOR DETENTION/TRIAL. • COA #3: DO NOT USE COERCIVE INTERROGATION TECHNIQUES. RENDER ZAWAHIRI TO U. S. FOR TRIAL IN CIVILIAN COURT. • COA#4: DETAIN ZAWAHIRI INDEFINITELY AND INTERROGATE FOR INTELLIGENCE PURPOSES (POSSIBLE USE OF ENHANCED TECHNIQUES). We Recommend COA #3. CLASSIFIED - TOP SECRET 3

Recommended Course of Action “What makes the United States special … is precisely the fact that we are willing to uphold our values and our ideals even when it’s hard, not just when it’s easy, even when we are afraid and under threat, not just when it’s expedient to do so. ” -- President Barack Obama, April 2009 • RENDER ZAWAHIRI TO STAND TRIAL IN CIVILIAN COURT IN THE SOUTHERN DISTRICT OF NEW YORK • RECOMMEND ALL NORMAL COURSES OF ACTION, AS THEY APPLY IN ANY CIVILIAN CRIMINAL TRIAL, CLASSIFIED - TOP SECRET BE APPLIED 4

WHY TRY ZAWAHIRI IN CIVILIAN COURT? LEGAL: Intelligence: • PROHIBITION AGAINST • Public trial will have adverse psychological “ENHANCED” impact on AQ operatives INTERROGATION still at large TECHNIQUES – CONSTITUTION – EXECUTIVE ORDER 13491 – INTERNATIONAL CONVENTIONS • PRECEDENT FOR TRYING TERROR SUSPECTS IN FEDERAL COURT • CIA is losing the opportunity to gain valuable intelligence on AQ Political: • Short Term: Harsh backlash domestically (particularly severe if there is another attack) • Long Term: Reverse the course of recent history; return to American values • Ayman Al-Zawahiri’s interrogation might lead us to capture Nasser al. Ansi – CIPA Short-Term Political and Intelligence Risk is Outweighed by Long Term Benefits of Return to Rule of Law CLASSIFIED - TOP SECRET 5

The Way Ahead: Recommended Execution How Would You Like to Proceed? IF WE PURSUE THE RECOMMENDED COURSE OF ACTION: • INFORM MEMBERS OF CONGRESS OF ZAWAHIRI’S CAPTURE. BRIEF SENIOR MEMBERS ON DEVELOPMENTS AND YOUR DECISION. • INFORM PAKISTANI AND EGYPTIAN GOVERNMENTS TO LET THEM KNOW OF YOUR DECISION WITHIN THE NEXT 24 HOURS. • INFORM ALLIED COUNTRIES OF THIS DEVELOPMENT AND HOW WE WILL PROCEED WITHIN THE NEXT 24 HOURS. • CRAFT A MESSAGE FOR THE AMERICAN PUBLIC WHICH ANNOUNCES A GREAT SUCCESS ON THE BATTLEFIELD AN EVEN MORE IMPORTANT SUCCESS UPHOLDING OUR VALUES AND WAY OF LIFE. CLASSIFIED - TOP SECRET 6

BACKUP SLIDES 7 CLASSIFIED - TOP SECRET

ALTERNATIVE COA #1: TRY ZAWAHIRI IN MILITARY COMMISSION SYSTEM Cons: PROS • AUTHORIZED BY CONGRESS (MILITARY COMMISSIONS ACT OF 2006) • Only three successful Military Commission against suspected terrorist since 9/11 - 145 convictions in civilians courts • Bad PR: military commissions perceived as harmful to U. S. image abroad • HEARSAY EVIDENCE ADMISSIBLE • Classifying Zawahiri as a war criminal reinforces image of AQ as legitimate war • EASIER TO INTRODUCE HIGHLY CLASSIFIED INFORMATION AND TESTIMONY • Disregards the aforementioned criminal indictment against him in the southern district of New York City DO NOT RECOMMEND. 8 CLASSIFIED - TOP SECRET

ALTERNATIVE COA #4: DETAIN ZAWAHIRI INDEFINITELY AND INTERROGATE FOR INTELLIGENCE PURPOSES PROS Cons • MORE LIKELY TO OBTAIN INTELLIGENCE FROM ONGOING INTERROGATIONS • LIKELY TO DISRUPT AQ ORGANIZATIONAL PROCESSES IN THE NEAR-TIME DUE TO UNCERTAINTY ABOUT ZAWAHIRI’S COOPERATION • Likely to tarnish image of United States when information becomes publicly known • Limited evidence that enhanced interrogation techniques, if utilized, provide accurate information • Given imminent closure of Guantanamo, challenge to locate facility for indefinite detention • LEGAL ARGUMENT CAN BE MADE TO DETAIN INDEFINITELY (AUMF, GENEVA CONVENTIONS) DO NOT RECOMMEND. CLASSIFIED - TOP SECRET 11/01/2009 9

DIFFERENCES BETWEEN MILITARY COMMISSION AND CIVILIAN TRIAL MILITARY COMMISSION Civilian Trial • SIGNALS INTENTION TO TREAT TERRORISM AS A VIOLATION OF LAWS OF WAR • HEARSAY EVIDENCE ADMISSIBLE • Signals intention to treat terrorism as a law enforcement issue • Hearsay evidence inadmissible • Unanimous conviction required • CONVICT WITH TWO-THIRDS MAJORITY 10 CLASSIFIED - TOP SECRET