Internal FBI Email re: Call from Baghdad

The document is an internal FBI email, regarding whether the FBI's operations in Iraq were primarily for intelligence-gathering or also for the collection of evidence for prosecutions. The email also includes information on a case in which an FBI agent was instructed by the CIA to not read HVD-1 (Saddam Hussein) any rights, including Miranda rights and Geneva Convention rights.

Tuesday, January 20, 2004
Tuesday, June 14, 2011

( On . 07-27-2009
1(0GC) (FBI) b7C
, Sent: , iPqrfav .lani Ian,9p , 2004 10.:10 AM.
. To: . I
Subject: FVV:ARE: Call from Baghdad
• .b7C
..b6 •
I assume that would include regs related to not videotaping and anything else you or
came across. I know is home sick to make sure that - you've covere t
entire field of regs.
Original Message
From:. Caproni, Valerie E- '
Sent: - Tuesday, January 20, 2004 6:24 AM b6
Subject: FW: RE: Call from Baghdad
The latest from Baghdad. Per .Chris' question: any MAOP issues other than advice-of rights?
If so, let's try to do everything in one document.' •
Original Message .
Sent: Tuesday, January 29. 2004 6:34 AM
To: Caproni, - Valerie E.;I
Subject: FW: RE: Call from Baghdad >42510,/iT
Update from Baghdad. John' '
. Original Message .
From: Bald, Gary M.-
'Sent:..Monday, , January 19, 2004'3:1i PM
Ta: Briese, M Chris
Subject: RE:-RE: Call from Baghdad ••• Chris - Provided CIA and others' the interview proCess agree,. I will approve.,
use of video and audio to record the interviews'. of .BND #1. ',Grob
Original Message
From: Briese, M Chris .
Sent: Monday, January 19, 2004 3:14 PM
To: Bald, Gary M. - -
• Subject: Fwd.: RE: Call from aBadg3hDd=matZ.1: -
Gary, FBIO23335CBT
OIG—REQ 02/18/05—PART 8
F137_00 001.91

insulation from testimo( -hbuld our agents interpretat( interviews. ever be
questioned in court.
If so the court could review the tape. They seemed to,like that point.
The only other isslips was fhp rennrts offir,pr
The intell IIRs to the IC has not been decided. We may see if we can alternate, as an. •
option. Horefullvi 1 rmn wnrk i h nui- from 1-1F.rm poir•
I 'the. day aft- Pr T observed, since their translator had worked the
1)2 night. I I Only IIObserved. I 1
b6 - I Ion Thursday. The first
b7C set of prints were not good since his hands were rough from. being in a hole. He seemed to
We are working through some logistical issues•, like housing, commo, transportation. etc.
19 Nothing major.' Iso we
will' likely have to make .some runs back here at.BOC: That is not a•problem, since the'. •
agency sleeping and working quarters are:not co-located with the detentiOn facility.
In the attache•e-mail it mentions MAOP waivers. Are their any other iseues like'that
that need to be addressed? I I .
In the field it is usually•SAC authority. I don't know if that applies here.
I visited Abu Gharaib(sp) prison today. They. have possibly '20 AQ there, but.none
cobfirmed, although one looks pretty good. He will be at the top of the list for us to.
interview. I got a look at the gallows too (dot being used anymore). Pretty chilling. The
drive there, and back is not fun. Too close to the locals.
I am getting tired, so I won't be on line for long, it is about 11 pm.
Everyone hard-here. It is a •truly outstanding "effort ip. difficult
conditions. ' _ •

Date: 01/19/2004 11:24 am -0500 ('Monday)
From: Bald, Gary M. . .
To: '-Caproni. Valerie E. •
Subject: RE: Call from Baghdad
Thanks- Valerie - I agree, the issue of'intel versus criminal should no lOnger be in our
vocabulary. It is the underlying issue we should focus on. Gary_
Original Message .
From: - Caproni, Valerie E.
Sent: Monday, January 19, 2004 11:21 AM
To: Bald, Gary M.
Subject: RE: Call fromBaghdad •
I let you know if f hear anything further- Also, we will get something to Pistole on
Tuesday to formally waive the provision of MAOP that obligate FBI agents to provide an
advice of rights even in international interviews.
Original Message FBIO23336CBT
OIG- Q 02A18/05-PART 8 FBI0000192
From: Bald, Gary M. (
Sent: Monday-, January ly, 2,004 10:42 AM
To: Caproni, Valerie 'E.
Subject: RE:',Call from Baghdad '
. .
Still some issues tut things are at least civil. We have asked that the sessions be .
audio/video taped. CIA is'awaiting.their HQ's concurrence. .Will let you know if 'things
flare up again (although you will probably hear about it through your channels too). Gary
Original Message
From:• CaprOni, Valerie E.
Sent: Monday, January . 19, 20'04 10:40 AM
To: Bald, Gary M.
Cc:•Briese, M Chris •
Subject: RE:.Call,from—Baghdad
Not sure when.this e-mail came in v. Pistble's. It lOoks like things have been
straightened out and everyone is on the same page. If not, if there is anything OGC'can do
to help, just-give a• call.
Original Message.
From: Bald, Gary M.
Sent: Friday, January 16,-2004 2:57 PM
To:'Caproni, Valerie E.
Cc:. Briese, M Chris
Subject: RE: Call from Baghdad Sit
Valerie - Sorry I did not get back to you sooner. I was at the CIA Much of the day and
when I returned, my email was down. Made the mistake of 'checking - it one more time before.
I left for the day and now it is up There are several.versions of the issues and
the one you described seems to ; be different than.what Chris told Me when .we first spoke.
The bottom line is I -am awaiting clarification—of the Issues from Chris and will discuss
.them with you-when 2 get . theM. Thx.. Gary •
Original Message
From: Caproni, Valerie E..
Sent: Friday, January-16, 2004 12:10 PM:
To: Bald. Gary M. • :
Cc :1
Importance: High ,
I •
-ubject: FW: Call from Baghdad
I need to close the loop With CIA General Counsel on this, so please give me a call when
you get a chance.
Valerie FBIO23337CBT
3 '
:-:01G-REQ 02/18/05-PART 8 .FB10000193
Original Message
From: I
Sent: Friday, January 16, 2004 11:48 AM. b6

Ives in the Middle East Unit when ssAI I telephod from Baghdad and I spoke to him.'
. The problem yesterday arose when the FBI, SSA eta.l, tme with the CIA. The CIA
.136 told the FBI that the FBI was there solely for the purpose of collecting intel, that the
biC FBI would conduct interviews' in the same manner as the CIA, the FBI was not there to
investigate crimes and should not read HVD-1 any legal rights of any type including Geneva
ConVention rights. balked at this sating thatit was his belief that t least:
.,part of , theirtask was to collectevidence and the FBI was FBI.
.t a
guidelines until .they got guidance from FBIHQ to the contrary. .
I told' Iabout the meeting last night in Valerie Caproni's office,' that Valerie
' e
spoke to EAD Pistole, that EAD Pistole said that their prima u ose was to collect
intel, but they still had to presery HVD-1's rights. I told
that it was the
consensus of OGC that he could proceed without reading Miranda rights and, to give a
eneral advisement to HVD-1 that he had rights under the Geneva Convention. I told
however, that he should take guidance from his management at FBIHQ.
also said that they had planned to do 302's but if he was now being told his questions,
• were for intel only that he should prepare classified EC's. I !ended to'donVersatioh.
. saying that he would, wait for written guidance from his chain Of command at FBIHQ.
•• •
01G—REO 02/18/05—PART 8
FE10000 1 94
To: Caproni, Valerie EA I BOWMAN, MARION b7C
Cc :I
Subject: Call from Baghdad .