Email Between FBI Officials [all redacted] re: DOJ OG Review of Detainee Issues

A chain of six emails regarding a military defense investigator's request to the FBI's Counterterrorism Division for FBI emails about detainee abuse. The investigator had been appointed to work on the defense team for one of the Abu Gharib prison guards facing trial who has been in the news.

Doc_type: 
Email
Doc_date: 
Monday, January 10, 2005
Doc_rel_date: 
Thursday, October 29, 2009
Doc_text: 

Message
F~om:
Sent:
To:
Cc:
L--__ ----IkOGC)(FBI) ,
Monday, January 24, 2005 11 :38 AM I kOGC) (FBI)
1 j(OGC)(FBI)
Subject: DOJ IG Review'of Detainee Issu,es
SENSlll\'e 8l::JT ~IIGb.ASSIEIEP
NON-RECORD '
Julie Thomas asked me to look into something for her the week be~een Christmas and 'New Years related to the
subject inquiry you're working on. The 5 attached emails all pertain. "
A military defen~e inv~stigator, Army Staff Serg~anr-l called Counterterrorism Divis'lon on 1"2/27/04, a~~ing
about FBI emails about detainee abuse. CTO appa~eferred this matter to OGC, and I have a copy of an
email froni Ito Ju)ie Thomas dated 12/28/04, in Whict-C:}asks Julie to handle the matter. Julie asked
me to do some research on"court-martial discovery rules (reflected in 2 of the attachments), and then asked me to
call[::::::]reflected in the other 3 a~tachments.), since I'd been and am, still a Marine JAG.
The long and short of it was thaDwas working for the defense team for Army Specialis~
recently convicted at Ft. Hood, TX. The defense attorneys had a~ked him to look into FBI emLa-,-ls.-..I..,. .to.. la. .,..,...,h'-m.. ..t.o tell
them to make a proper discovery request through the trial counsel (prosecutor). I didn't know at the time when b 6
the court-martial was to begin, but we now know it began shortly thereafter. No one from the p'rosecution or
. defense ever contacted me ,again about this matter. I assume this discovery issue became fo~ ~efense
"' ' team an item they didn't have time to pursue, or didn't feel it worthwhile ~o pursue, in the limited"arytount 9f time
before trial began. '
Please confirm whether you need' from me a, paper copy o~ 112/28/04 email to Julie Thomas. Perhaps
others have ;3lready provided it to you. 1...------1 b6
Thanks
1
§eNSI i)"e Bt:.IT t:.IUGbbSSIFIED .
. , )
FBI0073570GC
FB ii3 lct:2t).{.)t1 # 1 0 FBI-0000061
DOJOIG 006287
Message Page 1 pf2
r-"l
I(OGC){FBI) "
From: .1. ... ____- ---II(OGc) (FBI) b6
Sent: Monday, January 10, 2005 11:32 AM
To:, OGC)(FI?I)
. Subject: R'E: Spcialis 1...-_---1
§ENSIII\IE sur tmCbASS!EIEq
NON-RECORD
Ok.
;;~~tina! MessaaeT~~C)(FBI)
Sent: Monday, January 10,20058:57 AM
To: THOMAS, JUUE F. (OIC) (FBI)
Subject:. Spcialis
!ENS! i IslE aWT l·meLASSIEIED
NON-RECORD
Julie,
Thid kourt:-martial began on Friday w/v.oir dire and empanelfing members. I assume opening
statements are today. If we haven't heard anything more from the trial, or defen'se, counsel abo,ut producing
e-mails by now, I suspect we won't be hearing from them at all.
D
mnOrig;'nal Message-----
From~ tOGC)(FBI),
Sent: Tuesday, December 28,20043:32 PM
To: THOMAS, JUUE ~. (OGel (FBI)
Subject: Investigato
lENSIT1'rt'E 9' 'T YW1! ASSIFIER
ON-RECORD
Julie,
. ,
I spoke wi liwc=J Fltl nne email you gave me had tWo digits transposed) after first
callind ho ch'eck on his i(jentity. That second number turned out to be the 221 st MP
Co., US Army, at Ft. Eustis, VA.. The investigator who answered there identifiec::e:::::ps an active
duty Staff sygeant.~and possibly one who'd been selected for promotion to Sergeant First Class,
and said tha uties allowed him to travel to Iraq and elsewhere as he saw fit to interview.
witnesses. " '
Dstated that he'd been appOinted to work on,the defense team for Specialistl ' I
one of the Abu. G,br.al.b...crison guards facing trial who's been in the news. The military defense
counsel, CaptainL-j and civil,ian defense counsell Ihad apparently encouraged him
to call the FBI asking about emails. I recognizedl Iname from the news and the Marine
Corps legal community. I believe he's a retired or· Reserve Marine, and among the small cottage
in~ustry of regular civilian defense counsels in high profile courts-martial. .
FBI0073580GC
FBI-0000062
b7C
DOJOIG 006288
. Message .
\ Dacknowledg~-"s in(;!xpe'rience in court-martial procedUrer';j said this was only the second
. ',or third time he was aware of that an f\l:m,lL.a.c;:cused had been appointed a defense investigator (I
doubt that - but it definitely sounds IikeL-jfirst time). I' explained my OGC position to him, and
that I myself had been both a trial counsel and defense counsel in the ~arine Corps. I tolc) him I
coul~n't comment on whether the FBI had any emails or documents' responsive to his phone call of
yesterday to CTD, and that while the FBI"didn't have a dog in the fight" in Ico"urt-martial, we
would insist that his defense team follow proper procedures to request documents: Therefore, he
needed to tell his defense counsel bosses to make a formal written discovery request to the trial
counsel handling the case. He understood that, and said it, was his impression that the FB) was only
in~erested in justice.
He asked whether his defense counsel could call me, and I said of course they could, but 'I'd only tell
. them the same thing - to'make a formal request through the trial counsel.' Someone had already .
given him Valerie Caproni's name as the GC, and as the person to write to to request documents,
but I reminded him again noUo write her directly, but to go through the TC.
FYI: the general court-martial is no~ held at Ft. Hood, TX, asl.'-__ .....Ilcommand has rotated
~ome, and the CG of III Corps, L TGL-Jis the convening authority. o
§SNSI i lifE B' 'T I weI ASSIFIEjJ
" .
FBI0073590GC
FBI-O'000063
DOJOIG 006289
• i ~', ~, ~ ~ .~. '. ". l .. ," "\,'
"Message Page 1 of2
, '
~1
I(OGC){FBI)
From: kOGC)(FBI)
Sent: Monday, January 10, 2005 8:57 AM
To: THOMAS, JULIE F. (OGe) (FBI)
Subject: ~pcialis~ I
§ENSI! HiE (1!I3T I3IICI A$siFJ~D "
NON·RECORD ' "
Julie,:
Thir---bourt-martial began on Friday wi voir'dire and empaneliing members. I assume opening statements
are toaay.11we haven't heard anything more from the trial or defense counsel about producing e-mails by now, I
suspect we won't be hearing from them at all. . ' ' . . .
, " ,'.
-~---Original Message-----
From~ KOGC)(FBl)
Sent: Tuesday, December 28, 2004 3 :32 PM
To: THOMAS, JUUE F ~ (FBI)
. Subject: InvestigatorL-j
SENSITIVE BUT UNCLASSIFIED
NON-RECORD
Julie,
, .
i spoke w/lnv.D atl kthe email yol,l gave me had two digits transposed) after first calling
I Ito check on hIS IdentItY. That second number turned out to be the 221st MP Co., US Army,
at Ft. Eustis, VA. The investigator who answered there identifiecC::Jas an active duty Staff Sergeant, , "
.. and possibly one who'd been selected fo~ promotion to .Sergeant Fi"rst Class, and said thac:::::Jduties
allowed him to travel to Iraq and elsewhere as he saw fit to interview witnesses.
Dstated that he'd been appointed to work on the defense team for Specialist lone of
the Abu Ghraib prison guards fa . about emails, (recognize name rom t e news and the Marine Corps legal community. I
believ:e he's a retired or Reserve anne, and among the small cottage industry of regular civilian defense
counsels in high profile cou,rts~martial.. . . .
Dacknowledged his inexperience in court~martial procedure, and said "this was only the seco~d or third
time he was aware C' n ~rmy accused had been appointed a defense investigator (I doubt that - but it
definitely sounds lik first time). I explaIned my OGC position to him, and that I myself had been b7C
both a trial counsel an e ense counsel in the Marine Corps .. I told him I COUldn't comment on whether the
FBI had any emails or docume~ts r~:.onte to his phone cali of yestenjay to eTQ, and that while the FBI
"didn't. have a dog in the fight" i court-martial, we would insist that his defense' team follow·proper
procedures to request documents. erefore, he needed to tell his defense counsel bosses to make a
formal written discovery request to the trial counsel handling the case. He understood that, and said it was
his impression that the FBI was only interested in justice.
. .
He asked whether his defense counsel could call me, and I said of course, they could, I:?ut I'd only tell them
the same thing - to make a formal request throygh the trial counsel. Someone had already given him
Valerie' Caproni's name as the GC, and as the person to write to to request documents, but I remi,nded him
FBI-0000064
FBI0073600GC
DOJOIG 006290
Message
again not, to write her dired.--'but to go through the Te.
FYI: the general court-marti and the CG of 11\ Corp,s, L T . .
. SENSlllI'e BijT 1:IUebASSIF!Sp
E'BI CILU#lO
1/3112005
FBl0073610GC
~BI-0000065
b7C
DOJOIG 006291
Messag~ Page 1 of 1
. r"
'I~~~==I(~=G~C)~(F_BI~)_) ____ ~ _ ~~ _ ~ _______ ~~
From: L...-__- --rtOGC)(FBI)
Sent: Tuesday, December 28, 2004 3:32 PM
To: . THOMAS, JULIE F. (OGC) (FBI)
Subject: InvestigatoD
SE~ISITIVE eo I UNCLASSIFiED
NON·RECORD
Julie,
b6
~e w/lnv.1 kthe email you'gave me had two digits transposed) after·first callingL..I·~_. ....I. .·
L..Jto check on his identity. That second number turned out to be the 221st MP Co., US Army, at Ft. Eustis,
VA. The investigator who answered there identifiedC]as an active d~ff Sergeant, and P9ssibly one b7e
who'd been selected for promotion to Sergeant First Class, and said thaL-Jduties allowed him ~o travel to Iraq
and elsewhere as he saw fit to interview witnesses. ,
c:::::::Jstated that he'd been 'ap~ointe~ t~ work on the defense team for speciaiis' one of the Abu
Ghraib prison guards facing trial who's been in the news. The military defense counsel, Captain and b6
civilian defense counseU I had apparently encouraged him to call the ~BI asking about emails. I
recognized Iname from the news and the Marine Corps legal community. I believe he's a retired or _
Reserve Marine, and among the small cottage industry of regular Civilfan defense counsels in high profile courtsmartial.
' ,
" ,
c:::Jacknowledged his ine~perience in court-martial procedure, and said this was o,nly the second or third time
he was aware of that an Army accused had been appointed a defense investigator (I doubt that - but it definitely
sounds IikeC:Jfirst time). I explained my OGC position to him, and that I myself had been both a trial counsel
and defem~e counsel in the Marine, Corps. I, told him I couldn't comment on whether t~e FBI had any emails or
documents responsive to his phone call of yesterday to'CTD, and that while the FBI "didn't have a dog in the fight"
inl court-martial, we would insist that his defense team follow proper procedures to request documents.
Therefore, he' needed to tell his defense counsel bosses to make, a formal 'written discovery request to the trial
counsel.handling 'the case. He und,erstood that, and said it was his impression that the FBI was only interested in
justice: ' ,
He asked whether his defense counsel cpuld call me, and I said 'of course they could, but I'd only tell them the
same thing - to make a formal request through the trial counsel. S.omeone had already given hill) Valerie
Caproni's name as, the GC, and as the person to write to to request documents, but I reminded him again not to
. write her directly, bu.t to go through, the TC.
. FYI: the general co~al is now being held at Ft. Hood, TX, as1. .. . ..--....I command has rotated home, and the
CG of III Corps, LT~is the convening authoritY. '
D
J?ENSIIIVE BUT UNCI ASSIFlEQ
FBI0073620GC
FBI-0000066
bie
\
DOJOIG 006292
,,' Message
Page 2 ?f'2
SENSI! WE aUT \:ING! ASSIFIEE
FBI0073660GC
FBI-OOOOQ70
DOJOIG 006293
Message
, '\ '\".'.' .
, (.
THOMAS; J~L1E F. (OGI.c) (FBI)
From: I' ... ;. ........ -- ... _... 'i(~~~) (~~I_)m ..
Sent: Tuesday, December 28, 2004 8:36 AM
To: . THOMAS, JULIE F: (OGC) (FBI); Caproni, yalerie E. (OGC) (FBI)'
S.ubject: FW: Call re: defense for detainees MP
UNCLASSIFIED
NON-RECORD '
Julie: please review and take what eve~ action you believe approf:)riate. Thanks,
-----Or:iQinal MesSage----- .
From~ lecrD) (FBI) ,
Sent: Monday, December 27,20042:51 PM '
To: I I (OGC) (fBI)
Sul;lject: FW: Call,re: defense for detainees MP
',UNCLASSIFIED
NON-RECORD
'~~~-~~lgiO: MessaQe----- k ~) (FBI). •
Sent: Mqn ay, December 27,20042:'50 PM
'To: Caproni, Valerie E. (OGC) (FBI) ,
, ';Subject: FW: Call re: 'defenseJor detainees MP
. iUNCLASSIFIED
'NON-RECORD
I just .learned that Spike is'out on leave· so am'forwarding the following information:
-----Original Message~---- .
From:1 IecrD) (FBI)·
Sent: Monday, December 27,20042:47'pM
To: BOWMAN, MARION E. (OGC) (FBI)
Cc: HARRINGTON, T J. (CTD) (FBI)
Subject: Call re: defense for detainees MP
UNCLASSIFIED
NON-RECORD
,Page 1 of2
Spike,'we got a call today at CTD (had Gary Bald's name) from 000 Investigatorr!who said he is on the
defense team for an MP prison guard. He asked about "FBI emails" .regarding d'~s in Iraq, wanting to b7C
know the contents of the emails. I of course would not comment and said that Mr Bald was not available and'took
his information so that someone 'could c,all him' back.! laid me is' at home on leave and can be reached
there. DAD Harrington suggested I pass this'info on to you to handle as appropriate.
InvestigatorC:]home phone: 1... . ___- --I b6
DsaiCi his ereds can be verified by callinglL...-___ ---I
b2
FBI0073670GC
FBI-0000071
DOJOIG 006294
Message
Thanks ...
I
UNCLASSIFIED
UNCLASSIFIED
UNCLASSIFIED
. ' "
UNCLASSIFIED
)
FBI0073680GC
FBI CILTJ#lO, 'FBI-0000072
DOJOIG 006295

Doc_nid: 
11505
Doc_type_num: 
67