The document is an internal FBI email, regarding release procedures for BL #'s 28, 32, 33, and 34 and includes questions to be resolved about the process. The document also includes information on an NCIS investigation into allegations of abuse made by detainees against military personnel.
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PSM was going to forward the Presidential Directive to yoU
---Oriainal Mpscanp-----,
fromi 1 (MM) (FBI) ,.
Sent: Tuesday, Sectembqr 28, 2004 2:22 PM
To:I_ KCI-DXFBI)i tCTD) (FBI- I
Subject: HVD release procedure
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(CID) (FBI) P 7 C
TiaA0Iiiii0 •
NON-RECORD
'Gentlemen,
•
As you are aware AUSA Lopez attendned a meeting at the Pentagon earlier today regarding thefelease of
;BL #'s 28, 32, 33, and 34:
•All of the interested parties, except DIA, agreed that BL#'s 28, 32, and 33 should be released conditionally: -
and that BL # 34 should be released without conditions. DIA indicated that they need more time to
conclude their interviews with several of the detainees.
•
Despite this agreement, several questions were.raiseciwhich 'wili require resolution prior to the release of
BL#'s 28, 32, 33, and 34.,
First,,the Iraqi role jri the release process must beclarified;
Second, release conditions must be determined; and
Third; prior to determining release conditions, legal authority to impose release conditions'must be ' •
identified. Additionally, authority to enforce.release conditions must be determined. (A consensus seemed -
to emerge that actual enforcement of any release conditions may be unrealistic, even if legally enfot :Ceable).
indicated that these issues would be addressed at the meeting next week.
•
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These are the issues.
-UNC
************
14DA'SSI
"NON-RECORD
As we discussed at the meeting this morning, NCIS has been conducting an investigation into allegations
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of abuse made by detainees egainsCmilitary personnel. The allegations, include military personnel in
. Afghanistan, Pakistan, and Gitmo.'As part of this investigation, NCIS investigators have directly contacted
FBI personnel regarding interviews they conducted with terrorism detainees. The latest agent contacted was
•• assigned to the Las Vegas Division who . then-contacted NSLB through his Division Counsel. I spoke with •.
the NCIS investigator about this interview beforehand and,she was under the impression tnat other agents ,
were also being contacted as part of . the NCIS investigation. However, this is the only interview about which
NSLB has been contacted. (The Las Vegas Agent was not a target, he was contacted because he was
present for an NCIS debriefing of a detainee who described abuse being committed by military personnel.) I
have also been advised that Army CID is contacting us regarding a similar investigation for incidents in Iraq.
The issues raised by.such requests include whether an Agent is a target or witness, whether the questions
will touch upon classified information, and releasing documents/reports to the interviewers. No policy
currently exists for responding to these requests. But, I have spoken to the Inspection Division and they. • . .
would like to be advised of and be present for these interviews. NSLB.would also like to be contacted to
' review all the issues triggered by-the interview. So, if anyone is contacted about an Agent being interviewed
regarding past interviews/contact with detainees, please let me know so that I can adviselhe appropriate
personnel.
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Assistant General Counsel National Securi
teltd Internal #:I 'Pager.
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aw Branch Counter Terrorism 'Law Unit 1 LX 1 b6
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UD
. .
. . **r*****:*************** •
. Valerie: Since the move to LX has taken over responsibility for these types of Iraq . Unit
matters. Your e-mail is timely in tha is giving training to agents next Monday who are being rotated . to
. Iraq. I have passed your message on tol land have asked him:to respond. CTS has put together some b 6
"advice" relating to FBI conduct in these extraterritorial situations. FBI operatori are not that happy with the. • b7C
advice. We are curently working with the Iraq Unito modify recomendations: If you ornwould like
to see a copy of the protocol, we can provide it to you.. I will find who 'is covering Afghanistan and get your email
to them- as well.
----Original Message—
From: Caproni, Valerie E:(0GC) (FBI)
To GC) (FBI)
Cc (OGC) (FBI)j
-Sent: Fri 8, 2004 11:17 AM
I(OGC) (FBI)
Subject: battlefield advice
SirbicaS11
•NON-RECORD
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