These emails are to clarify an Electronic Communication (EC) sent by the FBI's Office of the General Counsel to field agents informing them that they must report incidents of abuse that they know of or become aware of. The initial email requests guidance on describing torture and abuse since rules on enhanced interrogation techniques was issued to deal with hardened Taliban and Al Qaeda. The email states "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." and "We emphatically do not equate any of these things our personnel witnessed with the clearly unlawful and sickening abuse at Abu Ghraib prison that has come to light. The things our personnel witnessed (but did not participate in) were authorized by the President under Executive Order. I can safely say that none of the employees during our three rotations witnessed the abuse at Abu Ghraib prison."
ti(MSG014 RTF Page 1
b6 -1. 1
b7C -1
1
From BALD, GARY M (CTD) (FBI) I
c
To Capron', Valene E ,(0GC) (FBI)
cc CUMMINGS, ARTHUR M, (CTD) (FBI)b6 -1 Subject RE BOC E-Mail, Pnonty, May 22, 2004 Request for Guidance regarding OGC b7C -1 EC, dated 5/19/04
UNCLASSIFIED
NON-RECORD
Agreed - Good idea
----Original Messge----
Froin Capron', Valene E (OGC) (FBI)
Sent Tuesday, June 01, 2004 3 41 PM
To BALD, GARY M (CTD) (FBI)
b6 -1 , Subject RE BOC E-Mail, Pnonty, May 22, 2604, Request for Guidance regarding OGC b7C -1 EC, dated 5/19104,
UNCLASSIFIED
NON-RECORD
.W4A;gPA4144*CgOCPt:14.0440:Aic7 .40Ti
Gary,
Based on meeting this am, does it make sense to put this on hold until Art comes back and a decision is made/
b5 -3
LI
VC I
Onginal Message
From BALD, GARY M (CTDj (FBI)
Sent Monday, May 31, 2004 11 48 AM
To Capron% Valerie E .(OGC) (FBI)
b6 -1 Subject RE BOC E-Mail, Pnonty, May 22, 20041 Request for Guidance regarding OGC 1 EC,.dated 5/19/04'
b7C -
UNCLASSIFIED , NON-RECORD
Val
b5 -3 b6 -1 b7C -1 -----Original message--From Capron', VEilene E (Div09) (FBI) Gary
DETAINEES-1638
/1g
1
DOJFBI-002230
{(MSG014 RTF Page 3 I
b6 -1 b7C -1
b5 -1 I Can you let me know your thoughts on his concern for the definition of abuse? Thx Gary Messioe---From Sent Saturday, May 22, 2004'2 08 PMI(DL) To BRIESE, M C :(Div13) (F61)
b6 -1
.Cc BALD, GARY M (1:613) (FBI)! 1(Div13) (FBI) liDiv13)
b7C -1 (FBI), HARRINGTON, T J (Div13) (FBI), BATTLE, FRANKIE (Div13)
(Div10) (FBI)
Subject BOC E-Mail, Priority,' May 22, 20041 I Request for Guidance regarding OGC EC,
dated 5/19/04
Chris We have questions regarding the attached OGC EC
i
b6 -1 Since DOSCI-1.-land my a:mval in Iraq, we have beep very careful to instruct our personnel to use
b7C -1 only standard interview techniques which we would utilize 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, penodically in staff meetings, and in
, . 1
one-on--one conversations , I b6 -1 Insofar as DOSCr —land hare aware, no BOC employee during our three rotations witnessed the abuie at Abu Gharayb that is how the subject of the ongbing investigations, nor any conduct anywhere in
b7C -1
the the ater that went beyond the parameters set by the applicable Executive ,Order Although we have no reason to belieVe 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 Oder (e g , sleep depriVation,:stress positions! !dud music, 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 wtich would be indicative of interrogations utilizing
the techniques authonzed by the Executive Oder Examples are loud music, interrogators yelling at
subjectS, 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 !The things our personnel witnessed (but did not partiCipate in) were authonzed by the Presidentiunder Executive Order I can safely say that none of
the employees during our three rotations wanes* 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' Nonetheless, in light 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 interrogations, they heard/sawindications 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 suspectsinon-FBI personnel has abused or is abusing or mistreating a detainee, the FBI employee must report the incident '
Thisiintruction begs the question of what constitutes "abuse " We assume this does not include lawful interrogation techniques authorized by ExecutivaOrder We are aware that pnor to a revision in policy last week, an Executive, Order signed by Presideht 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
1
DETAINEES-1640
;1 DOJFB1-002232
({MSG014.,RTF Page ji
b6 -1 '
b7C -1
Sent Tuesday, May 25;2004 1 54 PM To BALD, GARY M (Div13) (FBI) Subject' RE BOC E-Mail, Pnonty, May 22, 2004 Request for Guidance regarding OGC
b6 -1 EC, dated 5/19/04
b7C -1
UNCLASSIFIED
NON-RECORD '
Gary, ,
b5 -3
b5 -3
I
VC
engin! Message--
From BALD, GARY M (Div13) (FBI)
Sent TUesday, May 25, 2004 10 13 AM
To earironi, Valerie E (Div09) (FBI)
b6 -1
Subj0Ce FW BOCiE-Mail, Pnonty, May 22, 2004 Request for Guidance regarding OGC b7C -1 EC, dated 5/19/04
UNCLASSIFIED
NON-RECORD I
Val - Sorry, I can see now why you did not receive this Gary
--Ondinal Massada--
From BALD, GARY M (Div13) (FBI)
Se t' Monday. May 24. 2004 10 25 AM
To I(DL) FBI BRIESE IM C iv13) (FBI)
b6 -1 Cc I(Div13) (FBI) (Div13) (FBI), HARRINGTON, T .1
b7C -1 (Diy13)1(FE11), BATTLE, FRANKIE (Div13) (FBI) (Div10) (FBI)
Subject RE BOC E-Mail, Pnonty, May 22, 2004 Request for Guidance regarding OGC
EC. dated 5/19/04
UNCLASSIFIED
NON-RECORD
b5 -1 Val -I am forwardinons email for your consideration I
b6 -1
b7C -1
DETAINEES-1639 gv3q
DOJFBI-002231
b6 -1 b7C -1
b6 -1 b7C -1
b2 -1
b6 -1
b7C 1
-
b6 -1 b7C -1
b6 -1 b7C -1
b6 -1 b7C -1
b2 -1
{(MSGO -14
Executive Order I have been told that all interrogation techniques previously authonzed 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 authorization stress positions, MWDs, sleep management, hoods, stripping (except for health inspection), and environmental manipulation (e g , loud music)
UACB, we will stillinot report the use of these techniques as "abuse" since we will not be in a positron to know whether, or not, the authonzahon 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 problemiif 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 re solved, with specific guidance being crafted and
communicated clearly to our personnel We cannot have our personnel embedded with military units
abroad ,which 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
mander--Baghdad
--Original Message--
From, I(Div10) (FBI) '
Sent Saturday, May 22, 20048 53 PM
To i (DL) (FBI);
Subject FW EC for dissemination
Original Message--
Froml (
C
LDiv13) (FBI)
Sent Thu 5/20/2004 6 00 I
1(Div10) (FBI)
^
Cc
Subject EC for disseminations
UNCLASSIFIED
NON-RECORD
This EC has been forwarded perp request Please disseminate as appropriate
Thanks.
II/ISLU.
UNCLASSIFIED
UNCLASSIFIED
DETAINEES-1641
i&4
DOJFBI-002233