Internal FBI Email re: Review of QFR Response re: Treatment of Detainees

Message Page 1 of 1 .1._
ALL INFOPNATIM CONTAINED
- IS UJCLASSIFIED
DATE Oa-07-2079 BY 65179 DI
From:• Caproni, Valerie E..(0GC)(FBt) •
Sent: Monday, October 1.8, 2004 11:02 AM
To: I 10CA) (FBI) . .
b6
b7C."
b5
Subject RE: Review of QFR response re: treatment of detainees '
UNCLASSIFIED
NON-RECORD
b6
b /c2
•
Original Message •
. From:) I(OCA) (FBI) .
Sent: Mo•nday, October 18, 2004 10:55 AM
To: Caproni, Valerie E. (OGC) (FBI)
Subject: RE: Review of QFR response re: treatment of detainees.
UNCLASSIFIED
NON-RECORD .
b .
b;C:
• b2
- b6
. b7C.
I •
. Office of Congressional 'Affairs
.1FH.RitilrtincL12:30m 7252
Original Message
Caproni, Valerie. E. (OGC)(FBI)
Sent: Thursda Oct ber 07„2004 8:42 AM
To (OCA) (FBI)
Su ject: RF: Review of QFR response re: treatment of detainees
UNCLASSIFIED
NON-RECORD
h6
b7C
FB1024487CBT
ok
----Original Message
Froml LOCA) (FBI)
Sent: Wednesday, October 06, 2004 6:18 PM
—01G —REQ 02/18/05—PART 13 istouot182
2/1/%05
Caproni, Valerie E: .(0GC) (FBI) • •
Iwe cannot answer that all who saw reported. We
„know 'about aggressive techniques because at least some agents who saw things reported what they saw to their
bosses. Early on, one'reason the director pulled us out of participating in aggressive technint IPS is that hp
became aware that such techinques were being uded.I
UNCLASSIFIED
•NON-RECORD
• I should. have looked at my notes before] left your office
Thanks. •
DOJOIG013538
message ' Page 2 of 13,
To: Caproni, Valerie' E. (OGC) (FBI) . .
. Subject: RE: Review of QFR response re: treatment of detainees
UNCLASSIFIE6. •
NON-RECORD
Although sometimes we go to pretty extraordinary means to obtain information to respond to
questions, where the problematic conduct is not ours (we may just have been witnesses), I
-don't think we h.ave an obligation to do much- more than provide the information wQhave. J.
did note that caveat, but I think Eleni will be OK.with it. Obviously, she'll have a•chance for
review before this goes further, so I'll be hearing from her if she.objects. Possibly she!s•mPre
interested in getting these out the door at this point. Congress can ask again if they aren't.
satisfied.
• I'll Jet you-know if I've pegged that • wrong. '
b2
b6
Office of Congressional Affairs. b70
iPH Riiilriinn P om 7252
Original Message
From: Caproni, Valerie E. (OGC) (FBI)
Sent: Wednesday, October 06, 2004 6:11. PM b6
Tol IOCA) (FBI) . b7C
Subject: RE: Review of QFR response fe: treatment of detainees
. UNCLASSIFIED
NON-RECORD .
----Original Message---- I:" 6
From4 LOCA) (FBI) -
Sent: Wednesday, October 06, 2004 6:03 PM
. To: Caproni, Valerie E. '(OGC) (FBI)
• Subject: RE: Review of QFR response re: treatment of detainees
UNCLASSIFIED
NON-RECORD
II hate to keep asking for more, but if yoLi
could'provide a claSsitied answer that would be great. I'll still provide -
everything we can.in the unclassified document.
Thanks.
b2
Office of Congressional Affairs 'br7C
IPq loom 7252 b5
Original Message
From: Caproni, Valerie - E. (OGC) (FBI)
Sent: Wednesday, October 06, 2004 6:01 PM
FBIO24488CBT
OIG-REQ 02/18/05-PART 13 FRI000018.3'
2/1/2005 DOJOIG013539
ailV JJ USI,. Page 3 of
b6
b7C
• 'b5
UNCLASSIFIED
• NON-RECORD
Valerie:
• Thanks for continuing to work on this.
b2
b6
b7C
rOffice of Congressional Affairs ial_aualinafoom 7252
• b6
b7C
i0:1 kOCA) (FBI) b5
Subject: RE: Review of QFR response re: treatment of detainees
UNCLASSIFIED •
NON-RECORD
If we are separately providing a
•classified answer, there is a classified answer relative to certain
knowledge we have of goings on in Afghanistan. "
. Original Message b6 ••
Fromi I(OCA),(FBI) . b7C
• Sent Wednesday, October 06, 2004 5:53 FM
To: Caproni, Valerie E. (OGC) (FBI) • : .
Subject: RE:. Review of QFR .response•re: treatment of detainees
So, we can either provide caveats in the unclassified
response or provide additional.information in a classified
response. Thanks for picking Up on that- I certainly didn't
mean to create exposure for us. Pm less concerned about .
other agencies, since this is our response and they receive •
QFRs of their own if Congress is concerned about their
conduct, but I'm happy to be kinder and gentler.
•
FBIO24489CBT
. '01G —R%R3/18/05 —PART 13 FBI0000184
j I
DOJOIG013540
Message Page 4 of 13—._
Original Message
From: Caproni, Valerie•E. (OGC) (FBI) .
• Sent: Wednesday, October 06, 2004 5:42 PM bee.
To rOCA) (FBI) . • b7C
.SUbjc-t: RE: Review of QFR response re:. treatment of •
. detainees ..
UNCLASSIFIED
NON-RECORD
I used track changes so you can see. the changes..As
• indicated, there is a piece I need . to follow up on before this
. can be finalized.
. Original Message • ,b6
. From1 1(OCA) (FBI) • 107c.
Sent: Monday, October 04, 2004 6:50 PM
To: Caproni, Valerie E. (OGC) (FBI). •• •,
Subject: RE: Review of QFR response re: treatment
of detainees
UNCLASSIFIED
NON-RECORD
Ahhh. But unfortunately the 2 "yeses" mean we •
should tweak thatjast paragraph to reflect the '
witnessing and reporting.. Can you add that tour . .
•-list of.tWeaks:?. '
Thanks. .Sorry not to let well enough alone..
. .
Office of Congressional Affairs
JEH Building Room 7252 ..
Original Message----
From: Caproni, Valerie E. (OGC) (FBI) .
Sent: Monday, October 04, 2004 6:19 PM
To:I tOCA) (FBI)
Subject: RE: Review of QFR response . re:
treatment of detainees
UNCLASSIFIED
NON-RECORD •
b6
b7C
yes, nb, yes•but I am not entirely sure haw .
long after the observation]. ..
That last paragraph should-be shown to Tom
Harrington just to make sure that it is •
unclassified: I think it is, but I am now not
100% sure.
•
Also,•I probably need to tweek the paragraph
on the survey of GTMO as that is now
OIG—REQ 02/18/05—PART 13
2/1/2.0h5
FB1024490CBT FBI0000185
b6
b7C .
DOJOIG013541
Message Page 5 of
b6
Original Message----- -
FroM:1 LOCA)" _(FBI)
Sent: Monday, October 04, 2004'5:32
To: Caproni,'Valerie E. "(0GC) (FBI)
" Subject: Review of QFR response re:
treatment of detainees •
UNCLASSIFIED
NON-RECORD
. Valerie:
A couple of months ago, you provided
a respons.e. to a. Congressional
Question for the'Record re: the FBI's
treatment of detainees (Q 1.0 of the
Director's 5/20/04 QFRs). Eieni asked.
me to pin down a couple of specifics in
the last paragraph of that response.
Below is the entire response, following
by Eleni's questions. Could you help
me fill in the blanks?, . . •
complete.
Thanks for your assistance.
I -
:Office of Congressional Affairs
•JEH Building loom -7252
I • '
•b2
:b6
b7C.:
From the
time they
enter the -
FBI
Academy, .
FBI ' •
Agents are
taught that
statements;
including • .
confessions
whether
obtained in
the United—
States or
abroad,
must be
,voluntary,
must be •
FBIO24491 CBT
OIG—REQ 02/18/05 —PART 1.‘3 •
211/2005
FBt00001?6
DOJOIG013542
Message •Page 6 of
FBIO24492CBT
. obtained.
'without
the
goyernmen•
. resorting •
to
outrageous .
behavior,
and must
• be
obtained •
consistent •
with the
Fifth and „
Sixth
Amendmer
to the
• While
these baSic
• principles
• :have been • -
taughtfor • •
ye•ars
because;_ :
.the) are .„
the
foundation •
for
• :insuring
.• that the '
results of
an
interview
can be
admitted • .
into
evidence
M a
criminal
trial, in
n-lost
respect's'
they are
just as
important
•When the. •
sole goal •
•of the .
interview .
is to gain
OIG-REQ 02/18/05-PART 13 — FBI0000187
2/1/2005 DOJOIG013543
Message Page 7 411_
intelligence '•
rather than .
evidence
for use at
trial.
• '-
There are, • '
however,
other
schools of
ithoUght •
regarding
the hest
means•of
obtaining •
inforrnatior •
from
re.c alcitrant
individuals
Those
various •
schools of
.thought- •
have : •
• :formed the
. . ", - bastS- 6f • •
•disagreeme
• .over the •
.interrogatic •
. techniques:
to .be used,' •
against
captured ,
and
•, suspected
• of .
involvemer
in •
terrorism. -
against the
United'
States.
. .
During
early 200., •
there were.
disagreeme
in
Guantanam
between
FBIO24493CBT
OIG-REQ 02/18/0813ARI1 13 2.BM:106343.8
- 2;1/2005 DOJOIG013544
.1.YIGJJel.gC Page 8 of 13,
the FBI
and•
Departmerr •
of Defense
- (DOD)
concerning
the
interrogatic
planthat
. -would be •
used for a
particular ..
detainee,
and more .
general . ,
disagreeme
• regarding
the
efficacy of
rapport
building
techniques .
as opposed...
to more . .
aggressive
giterrogadc
techniques.
Ultimately, '
however:
the
detainees •
were in the
custody of
DOD, not
the FBI,
and DOD •. •
made the
final
decision
concerning •
the .
interrogatic
techniques
• to. be used.
As a
matter of
policy, the:'
Director of
FBI
determined
FB1024494CBT
OIG-REQ 02/18/05-PART 13 FBI0000189
2/1/2005 • DOJOIG013545
Message Page 9 of la,—
reeggarrddileeSsss .
of the
legality.of
aggressive..
techniques •
if utilized
at an •
installation
such as
Guantanam
FBI
personnel • • •
would not
participate
in.such
interrogatic
techniques.
The FBI is
in the
. :process of
surveying .
• all FBI.
... personnel -
:who have
— been in
Glipntanarn •
to
determine •
whether:
any
witnessed• •
inistreatme:
of
detainees.
As of now,
the FBI is •
aware of
three
incidents .
treatment
-that we . .
believe . .
should
have been
investigate(
• by DOD.,
Those
incidents
FBIO24495CBT
- OIG-REQ 02/18/05-PART 13 FBI0000190
2/1/2005 • DOJOIG013546
Message Page 10 of 13—,
were
orally • •
Conveyed.
to • . .
members •
of the
DOD .•
Office of
General '
Counsel in • .
.early 2003,
and a. .%
followup
report was
written .
recently.
Should
an,y .
additional
incidents •
become
IcnOWn as
a result of
. the current
survey,. • , •
allose
:incidents
will be
reported to•
•DOD..
As to
shortly . •
'after the
•publication
of the • •
abuses at " • •
. Abu
Ghraib
prison, the
FBI •
surveyed'
all•Agents
who.r-ifere
at the
prison •
during the
time
period of
abuse as
identified
FBIO24496CBT
OIG—REQ. 02/18/05—PART 13 FBI0000191
"1/1 ,frnAl1C . DOJOIG013547
in General.
Taguba's
report.
That
survey , •
. .
revealed
no . .
knowledge
by FSI
.•
employees
. of the sort .
of abuses
.that have
been
publicized•.
FBI
Agents
..were
aware,
however,,
of
detainees,
being
.subjected '
to sleep
. depavation
and to
being held
' in
environmei
• • harsh • -
conditions. •
In .
Afghanistai
FBI "
Agents
were
aware of
battlefield
"interrogatic
that used
techniques
--that would
not be •
appropriate
in the
•United
StateS for •
-use with
criminal
Meisage Page 11 of 1.3,
FB1024497CBT
' OIG-REQ 02/18/05 —PART 13 FBI0000192
,/1/2011i DOJOIG013548
Message. . Page 12 of 13
b5
• 1)6
UNCLASSIFIED b7C
UNCLASSIFIED
•
UNCLASSIFIED• '
•
UNCLASSIFIED
UNCLASSIFIED
UNCLASSIFIED
UNCLASSIFIED
UNCLASSIFIED .
UNCLASSIFIED
FBIO24498CBT
OIG—REQ 02/18/05—PART 13 FBI00001.93
/^) !NAG' DOJOIG013549
Message • Page 1.3 of
. .
UNCLASSIFIED
UNCLASSIFIED .
. UNCLASIFIED '
•UNCLASSIFIED
FBIO24499CBT
..OIG-REQ '02/18/05-PART. 13 •
2/1/2005
FB1000014 .
DOJOIG013550