This opinion evaluated interrogation techniques. It is referred to as "Bybee Two" after Jay S. Bybee, who was then head of the Office of Legal Counsel. It was withdrawn and replaced in 2005. That replacement memo also is top-secret.
Rizzo was asked about the memo during his confirmation hearings to become general counsel of the CIA.
Rizzo told Sen. Carl Levin, D-Mich., that he had requested "Bybee Two" and had provided the Office of Legal Counsel with the proposed interrogation practices it wanted approval to conduct.
"My office was the vehicle for getting that to DOJ [Department of Justice]," he said.
Levin asked Rizzo if the definition of torture in the first memo written by Yoo was the basis for "determining whether the interrogation techniques evaluated in the second Bybee memo were legal under the anti-torture statute?"
Rizzo replied, "Well, they were — as you know, they were issued on the same day, and in many respects, they play off each other. I, frankly, was more concerned and relied more heavily on the classified guidance of the second Bybee memo that was addressed specifically to us."
Rizzo's nomination for general counsel ultimately failed because some Democratic senators were concerned that he refused to object to the memos.
He told senators the CIA program was conducted "in a humane fashion."