Latest GTMO Detainee Decision

DOJOIG 006347
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THOMAS, JULIE F. (OGG) (FBI)
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Subject: Latest GTMO detainee decision
·UNCl:.ASSIFIED
2/3/2005
FBI FO#lO
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DOJOIG 006348
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THOMAS, JULIE F. (OGG) (FBI)
From: ~OGC)(FBI) .
Sent: Friday, January 21, 2005 7:44 AM·
To: . KELLEY, PATRICK W. OGG FBI)
·Cc:
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.__-.-------.....Ll.,;;O;..;;-GC) (FBI);..__ ___ _
,__ ______ __.CTD) (FBI).__ ____ __.
Subject: RE: DOJ IG.REVIEW OF DETAINEE ISSUES
°SENSITIVE BdT tJIWLASSIFIEQ
NON-RECORD
The Counter Intelligence Law Unit (CILU), National Security Law Branch (NSLB), OGG, point o.f contact for the
captioned DOJ/IG detainee review matter isl I Please rFivjew the 01 /19/2005 e-mail messagpll:.cw...,
patrjck K0 !! 0 v, OGG Chief of Staff, and respond according!y',to AGC [ I Many thanks, L__J
I f. · · · . · · · · ·
-----Original Message-----
From: KELLEY, PATRICK W. (OGC)'(FBI)
Sent: Wednesday, January 19, 2005 4:41 PM
To: HQ-Div09-0GC;I l(OGC) (FBI)
~ubje~: DOJ IG 'REVIEW OF DETAINEE ISSUES .
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14GbASSIFIE,9
NON-RECORD .
, . .
This requires the atten.tion of and action by each OGC employee:
'. .
The DOJ OIG has initiated a review of issues relating to tt:ie· actions of FBI employees regarding alleged
abuse of detainees at Guantanamo Bay, Abu Ghraib prison and other venues controlled by the U.S. ·
military. These issues include: (1) whether F'BI employees witnessed incidents of detain~e abuse, to
whom they reported such observations, and how those reports were handled by the FBI; (2) whe.ther any
· FBI employee.participated in any incident of detainee abuse; (3) whether the FBI took inappropriate action
• or inappropriately retaliated against any FBI employee who repor:ted any incident of abuse; and (4) whether
the FBI timely reported any allegation of miscondu9t by any FBI employee in .connection with detainee
abuse to the appropriate eintities. In corraucting this review the OIG plans to contact directly various FBI
components including the Office of the General Counsel.
To facllitat~ this inquiry within OGC, I have been appointed our point-of-contact. ·I I of. ~SLB has
agre_ed to assist me in this effort. The OIG bas requested copies of "all documents and either materials"
relating to -- · · ·
-Any inquiries or all~gations made to the FBI regarding FBI employees' parti9ipation in or knowledge of
detainee abuse; . · · · .
- The FBl's handling, investigation, or disposition of any inquiries or allegations referred to above;
- Any communications by the FBI with .any prosecutors or military entities concerning any FBI
employees' state.of knowledge or participating in detainee abuse; .
- Questions raised by Critical Incident Response G(oup behavioral scientists about detainee
interrogation techniques;
- The investigation by Inspector Kim Mertz into FBI knowledge of detainee abuse at Abu Ghraib and all
internal FBI communications reflecting or related to a(ly ·discussion of whether to refer mattes arising fr.om
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FBI FO#lO
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DOJOIG 006349
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the inquiry to FBI OPR and/or the OIG;
- The "Special Inquiry" conducted by the FBI Inspection Division regarding the state of knowledg.e of any
FBI employee regarding abuse of detainees at Guantanamo Bay and all internal FBI communications ·
·reflecting or related to any discussion of whether to refer matters arising from the inquiry to FBI OPR
and/or the OIG; and . ·
- Any inquiry about any FBI employee who may have knowledge of prisoner abuse by Special Forces
personnel· in Afghanistan. ·
Obviously, OGG may not have many of the responsive documents or may only have copies of documents
which may have already been provided to the OIG through other avenues. We are coordinating with the
· Inspection Division and FOIA sections to determine what has already been P\QVided.
In the interim, each Unit Chief is instructed to appoint a· unit POC and provide his/her name and number to
I I by ell)aif. Each OGC employee is ·instructed to search for, ide~tity, and preserve all possibly
responsive "documents and materials" even if such materials are mere copies produced by other FBI
divisions or government agencies. In this context, the phrase "documents and other materials" should be
given its widest possible interpretation to include email, memos, EC's, drafts, and so forth. Employees
finding responsive· material should arrange it chronologically; index it by title and date, m.ake and retain a
copy, and provide it to the unit POC with a cover recording their name, unit, and telephone number.
Employees should not withhold any responsive materials because it is thought to be privileged, classified,
proprietary, or otherwise sensitive. Rather, such materials must be included and provided to the unit Poe ..
Employees, however, may attach separate pages to such materials setting forth sqch concerns and ·
supporting, rationale. ·
Employees who fail to loc~te ariy responsive material after diligent search shall provide the unit'POC a
writing to that effect. The POC shall prese;ve such notic~s together with any responsive materials.
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Further guidance will be issued a later date. Questions 11Jay be addressed to .l. . __. ...l. at extensioQ.
or to me at 8067.
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FBI 0088390GC
FBI ~Yi£85
FBI-0000248