Ed Lueckenhoff sent an email stating that "I have been told that all interrogation techniques previously authorized by the Executive Order are still on the table but that certain techniques can only be used if very high-level authority is granted." However, he then stated "We will consider as abuse any physical beatings, sexual humiliation or touching, and other conduct clearly constituting abuse." Lueckenhoff then stated "have been very careful to instruct our personnel to use only standard interview techniques which we would utiliie back home in our regular work. We have also instructed our personnel not to participate in interrogations by military personnel which might include
techniques authorized by Executive Order but beyond the bounds of standard FBI practice." and stated "[If] an FBI employee knows or suspects a non-FBI personnel has abused or is abusing or mistreating a detainee, the FBI employee must report the incident."
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From BALD, GARY M (CTD) (FBI) 1 To Capron', Valerie E ,(0GC) (FBI) I II cc CUMMINGS, ARTHUR M, (CTD) (FBI) , 1 Subject RE BOC E-Mail, Priority, May 22, 2004, Lueckenhoff, Request for Guidance regarding OGC EC, dated 5/19/04,
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Agreed - Good idea I
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FroM Capron', Valerie E (OGC) (FBI) I
Sent Tuesday, June 01, 2004 3 41 PM 1 I
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To BALD, GARY M (CTD) (FBI) , Subject RE BOC E-Mail, Priority, May 22, 2604, Lueckenhoff, Request for Guidance regarding OGC EC, dated 5/19/04,
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Gary,
Based on meet= this 'am, does it make sense to put this on hold until Art comes back and a decision is madel
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Onginal From BALD, GARY M (CTD) (FBI) Sent Monday, May 31, 2004 11 48 AM To Capron!, Valerie E '(OGC) (FBI) Subject RE BOC E-Mail, Priority, May 22, 2004, Lueckenhoff, Request for Guidance regarding OGC EC, , dated 5/19/041
UNCLASSIFIED
NON-RECORD
Val;
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From Capron!, Velene E (Div09) (FBI)
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b5 -1 J 1 b6 -1 b7C -1 I i I Can you let me know your thoughts on his concern for the definition of abuse" Thx Gary ' 1 Original Messdge From LUECKENHOFF, EDWARD H (DL) (FBI) Sent Saturday, May 22, 2004'2 08 PM To BRIESE, M C ;(Div13) (FBI) 'Cc BALD, GARY M (biv13) (FBI)1 1(0103) (FBI) (Div13) (FBI), HARRINGTON, T J (Div13) (FBI), BATTLE, FRANKIE (Div13) (FBI ) , (Div10) (FBI) I . Subject BOC E-Mail, Priority,' May 22, 2004, Lueckenhoff, Request for Guidance regarding OGC EC, dated 5/19/04 ,
Chris We have questions regarding the attached OGC EC
b6 -1 b7C -1 Since DOSC Iland my arrival in Iraq, we have been very careful to instruct our personnel to use only standard interview techniques which we would utiliie back home in our regular work We have also instructed our perSonnel not to participate in interrogations by military personnel which might include techniques authorized by Executive Order but beyond the bounds of standard FBI practice This instruction has been included in our in-briefs to all three rotations, periodically in staff meetings, and in one-on-one conversations
b6 -1 b7C -1 Insofar as DOSCl 1 land hare aware, no BOC employee duhng our three rotations witnessed the abuge at Abu Gharayb that ls now the subject of the ongbing investigations, nor any conduct anywhere in the theater that went beyond the parameters set by the applicable Executive, Order Although we have no reason to belieire any of our personnel disobeyed our instructions and participated in interrogations that utilized techniques beyond the bounds of FBI practice but within the parameters of the Executive Order (e g , sleep depriVation„I stress positions! ldud male, etc ), some of our personnel were in the general vicinity of interrogations in which such:tactics were being used, and because of their proximity to the sites of these interrogation's, heard or saw things which would be indicative of interrogations utilizing the techniques authorized by the Executive Oider Examples are loud music, interrogators yelling at subject& pnsoners:with hoodsion their heads, etc
We emphatically do not equate any of these things our personnel witnessed with the clearly unlawful and ,sickening abuse at Abu G that'has come to light I The things our personnel witnessed (but did not participate in) were authorized by the Presidentiunder Executive Order I can safely say that none of the employees during our three rotations witnessed the abuse at Abu G The investigation into the abuse 'began before we amved in Iraq (January 10) and the offending parties had been removed from their positioris in the prison by then I Nonetheless, 'Might of OGC's EC, I wish to make clear our personnel have been present at various facilities when interrogation techniques made lawful by the Executive Order, but outside standard FBI practice, were utilized While our personnel did not participate in these interi-ogations, they heard/sawlindications that such interrogations were underway
Our questions relate to the instruction in the EC to report abuse The EC states that if an FBI employee knows or suspectS1non-FBI personnel has abused or is abusing or mistreating a detainee, the FBI employee must report the incident '
Thisiind,tniction begs the question of what constitutes 'abuse " We assume this does not include lawful interrogation techniques authorized by Executive:Order We are aware that prior to a revision in policy last week, an Executive, MOrder signed by President Bush , authorized the following interrogation techniques among?others sleep "management," use of MWDs (military working dogs), "stress positions" such as half squats, "environmental manipulation," such as the use of loud music, sensory deprivation through, the use of,hoods, etc We assume the OGC instruction does not include the reporting of these authorized interrogation techniques, and that the 'use of these techniques does not constitute 'abuse "
As stated, there was a revision last week in the military's standard operating procedures based on the
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b7C -1 Sent Tuesday, May 25;2004 i 54 PM To BALD, GARY M (Div13) (FBI) Subject' RE BOO E-Mail, Priority, May 22, 2004, ¦ Lueckenhoff, Request for Guidance regarding OGC EC, dated 5/19/04
UNCLASSIFIED
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Original Message--
From BALD, GARY M (Div13) (FBI)
_Sent TUesday, May 25, 2004 10 13 AM . To Capron Valerie E (Div09) (FBI) Subject' FW BOCJE-Mail, Priority, May 22, 2004, Lueckenhoff, Request for Guidance regarding OGC EC, dated 5/19/04
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Val - Sorry, I can she now why you did not receive this Gary
----Original Message—
From BALD, GARY M (Div13) (FBI)
Sent' Monday, May 24, 2004 10 25 AM '
To LECKENHOFF,-EDWARD H (DL) (FBI), BRIESE,iM C (Div13) (FBI)
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(Div13)I(FBI), BATTLE, FRANKIE (Do/16M (Div10) (FBI)
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Subject RE BOC .EMail, Pnonty, May 22, 2004; Lueckenhoff, Request for Guidance regarding OGC
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b5 -1 Val I am forwarding Ed's email for your consideration 1
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b7C -1 Executive Order I have been told that all interrogation techniques previously authorized by the ExeCutive Order are still on the table but that certain techniques can only be used if very high-level authority is granted According to a Task Force 6-26 e-mail stream I have seen, the following techniques can no longer be used absent the high-level aUthonzation stress positions, MWDs, sleep management, hoods, 'stripping (except for health inspection), and envifonmental manipulation (e g , loud music)
UACB„we will stillinot report the use of these techniques as "abuse" since we will not be in a position to know whether, or not, the authorization for these tactics was received from the aforementioned high-level officials
We will consider as abuse any physical beatings, sexual humiliation or touching, and other conduct clearly constituting abuse Yet, there may be a problemuf OGC does not clearly define "abuse" and if OGC does not draW a clear line between conduct that is'clearly abusive and conduct that, while seemingly harsh, is permissible under applicable;Executive Orders and other laws In other words, we know what's permissible for FBI agents but are less sure what is permissible for military interrogators
These are issues that must be addressed and reiolved, with specific guidance being crafted and communicated clearly to our personnel We cannot have our personnel embedded with military units abroad twhich regularly use these interrogation techniques without more explicit and specific guidance
We would appreciate it if CTD worked with OGC regarding these questions, and if guidance could be issued by the earliest possible date
Ed Lueckenhoff On Scene Onimander-Baghdad
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Sent Saturday, May 22, 20048 53 PM b7C -1 - -- To LUECKENHOFF, EDWARD H (DL) (FBI): -Subject FW EC for dissemination
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From! (Div13) (FBI) 136 -1 Sent Thu 5/20/2004 6 00 PM To) I (Divl 0) (F13f)
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Subject EC for disseminationi UNCLASSIFIED NON-RECORD
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This EC has been forwarded pert request Please disseminate as appropriate
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