Email from OJAG to DOD re: Commanding General's response to detention operations

Email includes the Commanding General's guidance regarding probable cause review of detainees.

Doc_type: 
Email
Doc_date: 
Friday, April 23, 2004
Doc_rel_date: 
Tuesday, December 20, 2005
Doc_text: 

Page 1 of 1
-G3 OPS EOC Org Account
From: InfillittPT (MNB-N) SJA
Sent:FFriday, April 23, 2004 11:19 PM
To:F PT (MNB-N) FRAGO
Cc:FHam, Carter BG MNB-N) CDRAllifir COL of Staff;a1.11111.COL (MNB -N)
DEP CDR . T -N C OIC . A -N) Deputy C-3 . TC (MNB-N) Provost Marshal; C (MNB-N) C3; fileRafair
3/2 In an ry Brigade XO
Subject: CG's Response to Detention Ops FRAGO
M1111111111
Per CG's guidance this morning, forward attachment to CJTF-7.
WNW

CPT, JA Deputy Legal Advisor
023088
9/28/2004 (0°13Li cb
DOD-044811

I strongly non-concur with the requirement to conduct a probable cause review for detainees within 72 hours of detention. The ability to conduct an investigation in order to develop probable cause for continued detention in a hostile environment within 72 hours is unlikely. Therefore, the likely consequence will be a necessity to develop probable cause during the targeting process. This will greatly reduce the number of operations and will affect our ability to disrupt NCF activities. Moreover, the logistical challenge of preparing and transporting the detainee packet from the battalion holding area to the Detention Review Authority can often require 24 to 48 hours, not withstanding any investigation that must be conducted. The 72 hour probable cause requirement will result in many targets with potential intelligence value being released without a reasonable time to acquire information.
023089
DOD-044812

Doc_nid: 
4132
Doc_type_num: 
67