Emails between Janice K. Fedarcy, Frankie Battle and Others re: Washington Post Article on Interrogation Techniques at Guantanamo

Message Page 1 015
•
;; ,~
b6 -1 b7C -1
, " I(I~) (FBI) b6 -1
From: I{I,R) (FBI) "
b7C -1
-
I Sent: To:
7C -1

, Cc: Fedarcyk. Jariiqe K. (IR) (FBI) ,
Subject: FW: WP Articles re GTMO
U,NCLASSIFIEO
NON..RECQRD
.' ," '0
1"
,FYI b6 -1' , , ,
----Original Mesgge----,b7C -1

• I
I From' --.J (Oiv13) (FBI)
,Sent: Friday, May 21, 2004 2:40 PM " , ' , ,
To: HARRINGTON, T J. (Oiv.13} (FBI); BATTlE, FRANKIE (Oiv13) (FBI)I ICIR) (FBI) ,
Subject: FW: WP Articles re GTMO ' " " ' ~--------.......

GTMO techniques -Sec Def'and Director Mueller.,
.'"~W~-~;'~::::~4I;j'(:ffi;" "r'_.'_r_,_:_'~_.:_'_'_..... !...,~,., '" ,#,~" I
"'
To:1 HDiv13) (FaIll tDiv13) (~r:oIUoI}I_____..,.?~(DiV13) b6 -1 (FBI);I I(Oiv13) (FBI)) kOiv13) (FBI)( r b7C -1 Subject: WP Article
UNCL~_S.sIl:l.fP
NON:RECQ.BO
FYI...
UNCLASSIFIED
rWN-RECORD

. \
~nterrogation !actics Detailed
, , '
~~·tiifoa.u~i(jf.~~tArUj(n
iUbl.;ih::ti'.li}ICi.)'SS:I iIi:b
~T~~.~2.9";2 ~n'.: :.Ir~ ~ 6~S~J:D.lfil abt/64.£! D~-'CJ~ ,i5:.!.
9/26/2004

DETAINEES-2698
. Message
Page 2of5
,
.f
"
Rumsfeld Approved Harsh Procedures At Guantanamo, Officials Say
. .
, . (~J'
The Washington Post
By Bradley Graham
May 21. 2004

GUANTANAMO BAY, CUBA --To'extract information from'.
, suspected terrorists held at Guant~namo,Bay; Cuba; DefenS'e Sec~etary Donald H~ Rumsfeld approved harsh il11terrogatlon' techniques in late '200~that were not in acC'ord~nce'with standard U.S. military doctrine, defense' ;fficial.$ ~aidy~.sterday.. . : ,... ... .
. .... . ..
, The' approva'lled'to ~ggressive questio~ing of ent least one' prisoner thought to , hav~ information at the time about possible terrorist acts~ . Interrogators learned about a planned attack from him and about terrorist financing, one of~~ial ~aid, without elabo~ating on the i~forniati~n or identifying the' '. prisoner. But in early January 2003, the harsher ,methods were halted, and
" Rumsfeld ordered ,a review .of tactics that c.,?uld be' applied in questioning
1...prisoners 'a~ the ''Guantanamo 'Bay .military· pr~o.i1, thec?fficials said. The .
.'r~view was promp~d In part by concerns raised by military lawyers' about . ,
some of the procedures., Lawr.ence DiRita, Rumsf~ld's chief spokesman, said
, . the defense secretary wanted a more. systematic approach to the interrogation

proc.ess.· . .
As a result of the review, which lasted three months and involved. .'
......... .~._cC?l)$ider4lbl~~~rgu.mentamong legcd~xp~i1s.JntJLHgeJ)~,pf(acials~lJ~to,ther~,~.,_. ;'~~.. a'set of interrogation gUideifnes emerged for the Guaritanamo Bay prison that , . Rumsfeld approved in April 2003. Those' procedures were less c'oercive than the ones that he had autho~ized the previous ~(Jtumn; the officials said. 'The ' Washington Post reported the existence of the April 2003 policy earlier this month, But yesterday's briefing for reporters at the Pentagon provided new details about how it evolved and disclosed Rumsfeld's role in approving it. The revised measures were implemented by Maj. Gen. Geoffrey D. Miller, Guantanamo Bay's commander at the time. Miller provided them to U.S. commanders in Iraq last summer as a model for developme.nt of a separate -­and further reduced --set of techniques for the questioning of detainees there.
In provi'ding the tim~line, Pentagon officials said it reflected their efforts, in
. \ the wake of the Abu Ghraib prison. scandal, to reconstruct the origins of U.S .
. policy on interrogation of detainees in Iraq as well as other captives in the war
J on terrori~m. Officials declined to detail the lis~ of appro'ved measures, which

DETAINEES-2699
Message Page 3 of5
remains classified. But sources familiar with the list have said it includes such techniques· as disrupting the sleep patterns of detainees and exposing . themt'? heat, cold, loud musi~, bright.lig~ts· and other "sen.Sory aS$ault." The

·Abu Ghralb prison scandat has highlighted confusion, at. least in lower military ranks, about what types of interrogation techniques were permitted and under whose'authoritY~ .
It also.has ignited open disagreement among generals ov~rwhat the proper relationship should be be"t\veen guards and interrogators at military detention centers. And it has raised.questions about whether even some approved. U.S. interrogation pr~cedures are hi compliam;e with' international law on the' treatment Qf detainees. Many of-the seeds of these controversies were' planted with establishment of the Guantanamo Bay detention facility in 2002 to' hold capti.ves from·the Taliban mi.litia an~ the al Qaeda terrorist network. In . earty 2002, President B'ush designated thQse captives. "unlawful enemy.­
· corrib~tants" 'and de~ided ~o treat them "consistent with" b.ut 'not subject to the 'Geneva Conventions. That opened the door to use of interrogation. procedures harsher than u.s. soldiers had been trained to perform under standard doctrine. . .
!lBy the faU of 2002, some questions were being 'raised about what the limits . -~\ should be on interrogation technlqu~s," a mHitary'lawyer~one of three .. · officials at.the Pentag'()n briefing, s,li~.yeste.rday. ·"You·.had int~Uigence ~). officials that wer~.tugging in a direction that might have been different from · la~ercs, and that's fair," .~dded OiRita, the only official·in.the .brlefing who
. agreed to be named. "This is a process that involyes, by defi.nition, some tension." During the review in early 2003, whlc~ was led by WiliiamJ. Haynes! the Pentagon's general :counsel, senior military legal officers objected to · some interrogation techniques being con·sidered. by' an interagency ~orking . .
. J. ..:•. ~
'~'9roup~heoffi-cers:cOTnPlarne'd th'at lhe·teChiilllues~aidn.offlf'W1lW'eiistin~r""'·" .,q
. doctrine. . . . .
But the final policy approved by Rumsfeld "did not raise any legal objections," the military lawyer said. "What the secretary ultimately authorized is far less than what some people in the organization would have liked," said a civilian defense attorney involved in the process. Asked the extent to which U.S. troops at Guantanamo Bay used the earlier authority from Rumsfeld in 2002 to conduct more aggressive interrogations, DiRita said that period was still being assessed under a recent directive from Rumsfeld to determine how current guidelines evolved. "We're still learning about this," DiRita said. "But it appears that a range of techniques were authorized --a very" small number" and were used in "a ve'ry few cases."
~
,
.,
.:
,
'C)I2M20()4
DETAINEES-2700
Message Page 4 of5
.,
..
·FBI Chief Tells Of Interrogation. Suspicions

".-.
of .
The Washington fost
U
By Susan Schmidt
May 21., 2004 .

. . .
WASHINGTON,-DC--FBI Director RoberfS.. Mueller III told Congress yesterd'ay that agentS posted 'abroad have . · reported instances of possiP.ly improper conduct in prison
: interrogations overseen by th~ CIA or U.S. military
personnel. .
Mueller, testifying before the Senate Judiciary Committee, ·said FBI agents in Ira·q and Afghanistan have been instructed not to participate in interrogations that involve coercive methods and are.expected to "report up the chain" if they learn of any possibly illegal conduct by others. ,,'We have, upon
· occasion, seerl an are~.where we.may disagree with the handling of a . particular interview," Mueller said. "Where we have seen that, we have brought it to the attention of the authorities who were responsible for that
· particular.indrvidual." Mueller provided no specificsabout"where those )·incidents.occurred·, e~c;:ept to say ,hat'FBI agents conducting ·interrogations at. Abu Ghraib .prison in Baghdad said they did not witness abuse of prisoners: .
)
there by military police or ottwrs.
The CIA's inspector general in· recent weeks referred the deaths last year of three prisoners in CIA custody to the Justice Department for investigation and ·possible prosecution.. Two of those prisoners Yier~ in Iraq, in·cluding one at. ..
..... ..... ·'~·"ADtrOTir8iti~6'e~inrwasin('custo·aYinAfgtlanTstan-~-Ttie"'aeaths-oc·c'd'iied ,~.:... 4"'~ during or afte.... interrogations by CIA officers and contractors. As yet,. Muelle~ . said, the FBI has not been asked to investigate .the deaths. Sen. P~trick J. Leahy (D-Vt.) pressed Mueller about whether the FBl had refused to participate in CIA interviews of high-level detainees "because of the brutality of the interrogation methods being used." Mueller said the FBI requires its agents to adhere to the same interviewing standards it follows for prisoners held in the United States. .
"Senator, it is the Fal's policy to prohibit interrogation by force, threats of ·force or coercion," Mueller said. "Where we have conducted interviews, we have adhered to that policy." Referring to the Defens·e Department and the CIA, Mueller said: "There are· standards that have been established by others, legally, that may well be different from the FBI standards .... That does not
. \
necessarily mean that those standards were unlawful. What I'm saying is that

.they may not conform to the standard that we use in conducting
9/26/2004
DETAINEES-2701
Message Page 50f5
~nvestigations in the FBI." Participation by an agent in interrogations that used force or coercion might be used to discredit hini in other cases, Mueller s~id. He al~o said the FBI.generally takes the view ~hat building a rapport with
. pris·oners.ls more effective in getting information than using fear or force. .
. ..'
.' Mueller.tol~·the.panel thataneg~d priso~er abuse is the responsibility of the . . . Defense Department, and that the Em is not conducting any prisoner abuse..
. investigations in Iraq, Afgh~nistan or Guantanamo Bay ..The Justice and Defen'se deparbnents 'are discussing jurisdictio'nafguidelines for investigating iristances of alleged wrongdoing by civilian contractors. Sen. Charles E. Schumer (D-N.Y.) raise~ questions yester.day about the U.S. goverriment's hiring in Iraq of two civilian·conti'a~tors previously accu.sed of overseeing penal facilities where prisoners ~ere alle~edly mistreated in this country..
One official, L'ane McCotter, resigned in··..1997 under pressure as director of the Utah Corrections Department a'fter an inmate died while shackled n'aked to a restraining chair for 16 hours. S.chumer said In a news relea'se issued yesterday that the other, John Armstrong, 'resigned as head of Connecticut's Corrections Department amic;l allegations that he tolerated and engaged in . sexual harassment of female employees. Neither is accused of wrongdoing in Iraq.
.. -.,
,
1 •
. I .UNCLASSIFIED
llNCLASSIFIED ._." . .;...:
l,J~CLASSIFIED .
I.
W1M2004
DETAINEES-2702
DOJFBI-001366