FBI Interview in the Iraqi Theater of War

This document is a series of emails relating a possible extradition treaty between the US and Iraq and the rules surrounding Miranda rights.

Doc_type: 
Email
Doc_date: 
Wednesday, November 17, 2004
Doc_rel_date: 
Tuesday, June 14, 2011
Doc_text: 

This is in response to your request for advic- nn intaniiPwin
The consensus of opinion in OGC is as follows.
Message
THOMAS, JULIE F. (OGC) (FBI)
Page 1 of 2
ALL INFOP/ TIM CONTAINED
HEREIN I5 UNCLASIFIEU
DATE 07-07-2009 BY G5179 DKH/HJS
From: 10GC) (FBI)
Sent: Wednesday, November 17, 2004 1:25 PM
To: THOMAS, JULIE F. (OGC) (FBI)
Subject: .FW: FBI Interviews in the Iraqi Theater
MIEM7g:B=U-7-W+6 iFiFn
NON-RECORD
Julie: I know of no "memos" (in the strictsense of the word) that my unit has produced on the Miranda warnings
issue overseas. We have provided guidance more informally. I have sent your request to all the attorneys in my
unit and also included' !because he Used to cover the Iraq Unit for CTLU II and I know that he did some h E
research on this issue, Please see below some advice I provided on the topic back in August.
Orininal.Meccana
Froml I (OGC) (FBI)
Sent: Saturday, August 14; 2004 2:03 PM
To: BRIESE, .M C. (CTD) (FBI); I l(CV) (FBI); MAXWELL, RICKY L. (CTD) (FBI);
) .
. Cc: (OGC) (OGA)
Su sect: FBI Interviews in the Iraqi Theater
-
NON-RECORD v6
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FBI]. pptle04
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FBI-0000501 DOJOIG012670
Message Page 2 of 2
With re and to the question r;ether there is currently an extradition treaty in place between the US and Iraq, h
AGC poke with the Iraq Desk at the State Department and was informed that there are currently no b C
treaties in place between the two countries. Absent an extradition treaty, rendition is an option whereby Iraq
could simply turn the suspect over to the US, or we could remove him from the country. '
As you know, the investigative jurisdiction of the FBI is worldwide with respett to any federal offense, subject to
international law as well as certain statutory and regulatory guidelines.
Since you asked questions about the matter nearly a week ago, I did not want to keep you waiting longer for a
response. If you would like a more formal legal opinion on the matter, OGC will be happy to provide one. If you
would like further clarification of jurisdiction or any other matters, please do not hesitate to let us know. Feel free
to contact me at any time with questions on this or other matters.
CUCoL Interterronsm Law unit ll
I
SENSI IFIED
SENS J.*.sjzligioNt • IFIED

FBI0090540GC
FBI voir2m4 FBI-0000502
b6
b7C
DOJOIG012671
FBI0090550GC
d I
Message Page 1 of 3
45- ALL INFORMATION CONTAINED
HEREIN IS LINCLAZIFIED
DATE G7-67-2009 BY 65179 DMH/MJS '
THOMAS, JULIE F. (OGC) (FBI)
b6
From: (OGMFBI) b7 C
Sent: Wednesday, November 17, 2004 1:26 PM •
To: THOMAS, JULIE F: (OGC) (FBI)
Subject: FW: FBI Interviews in the Iraqi Theater
Eft:71:1ffe-LA•BS1FIEIL
NON-RECORD
Julie: Some additional back-and forth on the e-mail I forwarded you on the Miranda advice issue.
Original Message
From:I I (OGC) (FBI)
Sent: Monday, August 16, 2004 11:13 AM
To: BRIESE, M C. (CTD) (FBI)
SUbject: RE: FBI Interviews in the Iraqi Theater
11S SIFTED
NON-RECORD
Chris: That, of course, is the much harder question. If the "suspect" does not waive the right to counsel, and _
DOD is unwilling/unable to provide counsel, then there will need to be a balancing test of whether the intelligence
to be obtained is worth tainting evidence for possible trial. Clearly, such a determination is within your sphere of
decision-making but, I would also urge that you err on the side of caution, and consult with CTS before deciding to
'continue the interviewing ‘ for the intelligence value alone.

-----Original Message
• From: BRIESE, M C. (CTD) (FBI)
Segt: Mnnclay. Anniict 2004 7:43 AM
Toil (OGC) (FBI)
Subject: RE: FBI Interviews in the Iraqi Theater
SENSITIRtg4114:CriFIETD •
WON-RECORD
What is we give them the rights and they don't waive. Can we still interview knowing we can't use it in
court, but we deem the intelligence worth purSuing?
Chris
Ogninnl Mpccnrip
From I (OGC) (FBI)
Sent: Saturday, August 14, 2004 2:03 PM'
• To: BRIESE M C. CT )) (FBI);I I(CV) (FBI); MAXWELL RICKY L. (CTD) (FBI); }b_ )-c.
CTD)(FBI)
(OGC) (OGA)
nterviews in the Iraqi Theater
SE lED
NON-RECORD ,
Chris anc1 IThis is in response to your. request for advice on intelidewin
'The consensus of opinion-in OGC is as follows. If the interview of the

FBI 1FD#/2004 1'BI-0000503
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DOJOIG012672
Message Page 2 of 3
b5
With regard to theuestion of whether there is currently an extradition treaty in place between the
US and Iraq, AGC poke with the Iraq Desk at the State Department and was informed
that there are currently no treaties in place between the two countries. Absent an extradition treaty,
rendition is an option whereby Iraq could simply turn the suspect over to the US, or we could
remove him from the country.
As you know, the investigative jurisdiction of the FBI is worldwide with respect to any federal
offense, subject to international law as well as certain statutory and regulatory guidelines.
Since you asked questions about the matter nearly a week ago, I did not want to keep you waiting
longpr for a response. If you would like a more formal legal opinion on.the matter, OGC will be
happy to provide one. If you would like further clarification of jurisdiction or any other matters,
please do not hesitate to let us know. Feel free to contact me at any time with questions on this or
other matters.
UC bE
b7C
Counterterrorism Law Unit II

Doc_nid: 
11701
Doc_type_num: 
67