general counsel, steven preston said the following."my understanding is that the department of justice did not always have accurate information about the detention and interrogation program. and that the actual conduct of that program was not always consistent with the way the program had been described by the department of justice. a particular note, he said, i understand that in a number of instances, enhanced interrogation techniques, specifically water boarding, were applied subl sty eied subs frequently than applied than d.o.j. i cannot say what d.o.j. would or would not have considered material at the timement i can tell you, if i were in a comparable situation, i would consider information of this nature to be material. >> do you agree with mr. preston that inaccurate information was material to issues on the program? >> senatosenator, based on my r of the section of the report, i completely agree with steven preston's assessment that they fell a little short of the current practices that are followed in interaktss tweenlctn olc

general counsel, steven preston said the following. "my understanding is that the department of justice did not always have accurate information about the detention and interrogation program. and that the actual conduct of that program was not always consistent with the way the program had been described by the department of justice. a particular note, he said, i understand that in a number of instances, enhanced interrogation techniques, specifically water boarding, were applied subl sty eied subs frequently than applied than d.o.j. i cannot say what d.o.j. would or would not have considered material at the timement i can tell you, if i were in a comparable situation, i would consider information of this nature to be material. >> do you agree with mr. preston that inaccurate information was material to issues on the program? >> senatosenator, based on my r of the section of the report, i completely agree with steven preston's assessment that they fell a little short of the current practices that are followed in interaktss tweenlctn ol

i think steven preston's other assessment that it likely would have -- it certainly would have changed his judgment, i think it likely would have changed my judgment as well, but i'm not sure what my judgment would have been in the first place. >> okay, now i asked you about whether or not inaccurate information was supplied, and your answer was something fell well short. so now my question, though, is was inaccurate information supplied? >> yes. based on my reading of the report, it seems that inaccurate information was supplied. >> now, i think you made a reference, i believe it was to senator feinstein's question, about legal opinions that go from the olc to the, i presume, to the president or to the white house. and i think your question or your answer was that these are predecisional opinions. now, i don't know whether you've gone into that any further, i had to leaf, but let me -- i had to leave, but let me pursue that issue a little bit more. at some point there's a decision which is made by a president or by someone in the executive branch, presumably the president. at that poi

president for these respected positions, and i also want to express our thanks to their predecessors, steven prestonand philip goldburg, for their service. last week the committee approved this report on the september 12 benghazi terrorist attacks. this report includes findings and recommendations that are relevant to both the cia and the state department and including the bureau of intelligence and research. there are many lessons to be learned from benghazi, and i encourage both of you to read this report carefully once it is released, as i know you will. ambassador of the bureau of intelligence and researchas

i know on some occasions steven preston provided the committee with a, an oral briefing as well as a written paper explaining the legal basis for classified matters and i would, of course, be comfortable doing that as well, whatever would best serve the committee's understanding of the legal basis. in terms of what is appropriate, i think that -- >> many what else wouldn't be appropriate, what would not be appropriate for this committee to see? >> well, i'm not sure not having sort of insight into what types of documents that the cia has and generally provides or doesn't provide to the committee, but it would seem that the absolutely the presumption would be that it would be appropriate to share. there may be situations where there's privileged material, and so -- >> what kind of privilege? be more specific. >> where there could be attorney/client-privileged material, for example, where there could be another way, though, of making sure that the committee was informed. so, for example, sort of a white paper type approach instead of providing the actual deliberations within the agency

i know that steven preston provided an opinion and a written statement for providing classified matters. whatever are in the best interests of the understanding of the legal basis in terms of what is appropriate, i think that -- >> what else would be appropriate? what would not be appropriate for this committee to see? >> i'm not sure. i'm not having insight into what types of documents that the c.i.a. has. and generally provides or wouldn't provide. it would seem that it would be appropriate to share. maybe situations where there's privileged material. >> what kind of privilege? executive? >> where there could be attorney-client privileged material, for kmampl, where there could be another way, though, of making sure that the committee was informed. so, for example, a white-paper type of approach instead of providing the actual deliberations with a summary of that. it's still true to the underlying reasoning. >> any other documents that aren't appropriate? >> i just really don't know the universe of documents that we could be talking about. >> as i said, wrapped up in the attorney clie