Letter from David M. Hardy Section Chief Record/Information Dissemination Section FBI to Alex Adbo National Security Project ACLU Foundation re: OIG Investigation - Interrogation of Detainees (Talking Points)

This document is a cover letter to the ACLU enclosing 1 released page for a FOIA request. The letter also identifies exemptions made in documents under the Freedom of Information/Privacy Acts (FOIPA), Title 5, United States Code, Section 552/552a. An explanation of the exemptions is also attached.

Doc_type: 
Letter
Doc_date: 
Wednesday, August 12, 2009
Doc_rel_date: 
Tuesday, August 11, 2009
Doc_text: 

u.s. Department of Justice
Federal Bureau of Investigation
Washington, D.C. 20535
August 12, 2009
MR. ALEX ABDO
NATIONAL SECURITY PROJECT
AMERICAN CIVIL LIBERTIES UNION FOUNDATION
18TH FLOOR
125 BROAD STREET
NEW YORK, NY 10004 2400
Subject: OIG INVESTIGATION - INTERROGATION OF
DETAINEES (TALKING POINTS)
FOIPA No. 1129748- 000
Dear Mr. Abdo:
The enclosed documents were reviewed under the Freedom of Information/Privacy Acts (FOIPA), Title
5, United States Code, Section 552/552a. Deletions have been made to protect information which is exempt from
disclosure, with the appropriate exemptions noted on the page next to the excision. In addition, a deleted page
information sheet was inserted in the file to indicate where pages were withheld entirely. The exemptions used to
withhold information are marked below and explained on the enclosed Form OPCA-16a:
Section 552
0(b)(1 )
0(b)(2)
o(b)(3) _
0(b)(4)
0(b)(5)
~(b)(6)
0(b)(7)(A)
0(b)(7)(B)
~(b)(7)(C)
~(b)(7)(D)
0(b)(7)(E)
0(b)(7)(F)
0(b)(8)
0(b)(9)
Section 552a
0(d)(5)
00)(2)
0(k)(1 )
0(k)(2)
0(k)(3)
0(k)(4)
0(k)(5)
0(k)(6)
0(k)(7)
1 page(s) were reviewed and 1 page(s) are being released.
o Document(s) were located which originated with, or contained information concerning other
Government agency(ies) [OGA]. This information has been:
o referred to the OGA for review and direct response to you.
o referred to the OGA for consultation. The FBI will correspond with you regarding this
information when the consultation is finished.
You have the right to appeal any denials in this release. Appeals should be directed in writing to
the Director, Office of Information Policy, U.S. Department of Justice,1425 New York Ave., NW,
Suite 11050, Washington, D.C. 20530-0001. Your appeal must be received by OIP within sixty (60)
days from the date of this letter in order to be considered timely. The envelope and the letter should
MR. ALEX ABDO
NATIONAL SECURITY PROJECT
AMERICAN CIVIL LIBERTIES UNION FOUNDATION
18TH FLOOR
125 BROAD STREET
NEWYORK, NY 100042400
Dear Mr. Abdo:
u.s. Department of Justice
Federal Bureau of Investigation
Washington, D.C. 20535
August 12,2009
Subject: OIG INVESTIGATION -INTERROGATION OF
DETAINEES (TALKING POINTS)
FOIPA No. 1129748- 000
The enclosed documents were reviewed under the Freedom of Information/Privacy Acts (FOIPA), Title
5, United States Code, Section 552/552a. Deletions have been made to protect information which is exempt from
disclosure, with the appropriate exemptions noted on the page next to the excision. In addition, a deleted page
information sheet was inserted in the file to indicate where pages were withheld entirely. The exemptions used to
withhold information are marked below and explained on the enclosed Form OPCA-16a:
Section 552 Section 552a
D(b)(1) D(b)(7)(A) D(d)(5)
D(b)(2) D(b)(7)(B) DO)(2)
D(b)(3) ~(b)(7)(C) D(k)(1)
~(b)(7)(D) D(k)(2)
D(b)(7)(E) D(k)(3)
D(b)(7)(F) D(k)(4)
D(b)(4) D(b)(8) D(k)(5)
D(b)(5) D(b)(9) D(k)(6)
~(b)(6) D(k)(7)
1 page(s) were reviewed and 1 page(s) are being released.
D Document(s) were located which originated with, or contained information concerning other
Government agency(ies) [OGA]. This information has been:
D referred to the OGA for review and direct response to you.
D referred to the OGA for consultation. The FBI will correspond with you regarding this
information when the consultation is finished.
~ You have the right to appeal any denials in this release. Appeals should be directed in writing to
the Director, Office of Information Policy, U.S. Department of Justice, 1425 New York Ave., NW,
Suite 11050, Washington, D.C. 20530-0001. Your appeal must be received by OIP within sixty (60)
days from the date of this letter in order to be considered timely. The envelope and the letter should
ACLU-RDI p.1
DOJOIG004837
Enclosure(s)
be clearly marked "Freedom of Information Appeal." Please cite the FOIPA Request Number
assigned to your request so that it may be easily identified.
o The enclosed material is from the main investigative file(s) in which the subject(s) of your request
was the focus of the investigation. Our search located additional references, in files relating to other
individuals, or matters, which mayor may not be about your subject(s). Our experience has shown,
when ident, references usually contain information similar to the information processed in the main
file(s). Because of our significant backlog, we have given priority to processing only the main
investigative file(s). If you want the references, you must submit a separate request for them in
writing, and they will be reviewed at a later date, as time and resources permit.
o See additional information which follows.
Sincerely yours,
David M. Hardy
Section Chief
Record/Information
Dissemination Section
Records Management Division
Enclosure(s)
be clearly marked "Freedom of Information Appeal." Please cite the FOIPA Request Number
assigned to your request so that it may be easily identified.
o The enclosed material is from the main investigative file(s) in which the subject(s) of your request
was the focus of the investigation. Our search located additional references, in files relating to other
individuals, or matters, which mayor may not be about your subject(s). Our experience has shown,
when ident, references usually contain information similar to the information processed in the main
file(s). Because of our significant backlog, we have given priority to processing only the main
investigative file(s). If you want the references, you must submit a separate request for them in
writing, and they will be reviewed at a later date, as time and resources permit.
o See additional information which follows.
Sincerely yours,
David M. Hardy
Section Chief
Record/l nformation
Dissemination Section
Records Management Division
ACLU-RDI p.2
DOJOIG004838
EXPLANATION OF EXEMPTIONS
SUBSECTIONS OF TITLE 5, UNITED STATES CODE, SECTION 552
(b)(l) (A) specifically authorized under criteria established by an Executive order to be kept secret in the interest of national defenseor
foreign policy and (B) are in fact properly classified to such Executive order;
(b)(2) related solely to the internal personnel rules and practices of an agency;
(b)(3) specifically exempted from disclosure by statute (other than section 552b ofthis title), provided that such statute(A) requires that the
matters be withheld from the public in such a manner as to leave no discretion on issue, or (B) establishes particular criteria for
withholding or refers to particular types ofmatters to be withheld;
(b)(4) trade secrets and commercial or financial information obtained from a person and privileged or confidential;
tb)(5) .inter-agency or intra-agency memorandums or letters which would not be available by law to a party other than an agency in litigation
with the agency;
(b)(6) personnel and medical files and similar files the disclosure ofwhich would constitute a clearly unwarranted invasion of personal privacy;
(b)(7) records or information compiled for law enforcement purposes, but only to the extent that the production ofsuch law enforcement
records or information ( A ) could be reasonably be expected to interfere with enforcement proceedings, ( B ) would deprive a person
of a right to a fair trial or an impartial adjudication, ( C ) could be reasonably expected to constitute an unwarranted invasion ofpersonal
privacy, ( D ) could reasonably be expected to disclose the identity of confidential source, including a State, local, or foreign agency or
authority or any private institution which furnished information on a confidential basis, and, in the case ofrecord or information compiled
by a criminal law enforcement authority in the course of a criminal investigation, or by an agency conducting a lawful national security
intelligence investigation, information furnished by a confidential source, ( E ) would disclose techniques and procedures for law
enforcement investigations or prosecutions, or would disclose guidelines for law enforcement investigations or prosecutions if such
disclosure could reasonably be expected to risk circumvention ofthe law, or (F) could reasonably be expected to endanger the life or
physical safety of any individual;
(b)(8) contained in or related to examination, operating, or condition reports prepared by, on behalf of, or for the use of an agency responsible for
the regulation or supervision offinancial institutions; or
(b)(9) geological and geophysical information and data, including maps, concerning wells.
SUBSECTIONS OF TITLE 5, UNITED STATES CODE, SECTIO~ 552a
(d)(5) information compiled in reasonable anticipation of a civil action proceeding;
0)(2) material reporting investigative efforts pertaining to the enforcement of criminal law including efforts' to prevent, control, or reduce
crime or apprehend criminals;
(k)( 1) information which is currently and properly classified pursuant to an Executive order in the interest ofthe national defense or foreign
policy, for example, information involving intelligence sources or methods;
(k)(2) investigatory material compiled for law enforcement purposes, other than criminal, which did not result in loss of a right, benefit or
privilege under Federal programs, or which would identify a source who furnished information pursuant to a promise that hislher
identity would be held in confidence;
(k)(3) material maintained in connection with providing protective services to the President ofthe United States or any other individual
pursuant to the authority ofTitle 18, United States Code, Section 3056;
(k)(4) required by statute to be maintained and used solely as statistical records;
(k)(5) investigatory material compiled solely for the purpose ofdetermining suitability, eligibility, or qualifications for Federal civilian
employment or for access to classified information, the disclosure ofwhich would reveal the identity ofthe person who furnished
information pursuant to a promise that hislher identity would be held in confidence;
(k)(6) testing or examination material used to determine individual qualifications for appointment or promotion in Federal Government
service the release ofwhich would compromise the testing or examination process;
(k)(7) material used to determine potential for promotion in the armed services, the disclosure of which would reveal the identity ofthe
person who furnished the material pursuant to a promise that hislher identity would be held in confidence.
FBI/DOJ
EXPLANATION OF EXEMPTIONS
SUBSECTIONS OF TITLE S, UNITED STATES CODE, SECTION SS2
(b)(l) (A) specifically authorized under criteria established by an Executive order to be kept secret in the interest of national defense or
foreign policy and (B) are in fact properly classified to such Executive order;
(b )(2) related solely to the internal personnel rules and practices of an agency;
(b)(3) specifically exempted from disclosure by statute (other than section 552b of this title), provided that such statute(A) requires that the
matters be withheld from the public in such a manner as to leave no discretion on issue, or (B) establishes particular criteria for
withholding or refers to particular types of matters to be withheld;
(b)(4) trade secrets and commercial or financial information obtained from a person and privileged or confidential;
'(1))(5) inter-agency or intra-agency memorandums or letters which would not be available by law to a party other than an agency in litigation
with the agency;
(b)( 6) personnel and medical files and similar files the disclosure of which would constitute a clearly unwarranted invasion of personal privacy;
(b )(7) records or information compiled for law enforcement purposes, but only to the extent that the production of such law enforcement
records or information ( A ) could be reasonably be expected to interfere with enforcement proceedings, ( B ) would deprive a person
of a right to a fair trial or an impartial adjudication, ( C ) could be reasonably expected to constitute an unwarranted invasion of personal
privacy, ( D ) could reasonably be expected to disclose the identity of confidential source, including a State, local, or foreign agency or
authority or any private institution which furnished information on a confidential basis, and, in the case of record or information compiled
by a criminal law enforcement authority in the course of a criminal investigation, or by an agency conducting a lawful national security
intelligence investigation, information furnished by a confidential source, ( E ) would disclose techniques and procedures for law
enforcement investigations or prosecutions, or would disclose guidelines for law enforcement investigations or prosecutions if such
disclosure could reasonably be expected to risk circumvention of the law, or ( F ) could reasonably be expected to endanger the life or
physical safety of any individual;
(b )(8) contained in or related to examination, operating, or condition reports prepared by, on behalf of, or for the use of an agency responsible for
the regulation or supervision of financial institutions; or
(b )(9) geological and geophysical information and data, including maps, concerning wells.
SUBSECTIONS OF TITLE S, UNITED STATES CODE, SECTIO~ SS2a
(d)( 5) information compiled in reasonable anticipation of a civil action proceeding;
0)(2) material reporting investigative efforts pertaining to the enforcement of criminal law including efforts' to prevent, control, or reduce
crime or apprehend criminals;
(k)( 1) information which is currently and properly classified pursuant to an Executive order in the interest of the national defense or foreign
policy, for example, information involving intelligence sources or methods;
(k)(2) investigatory material compiled for law enforcement purposes, other than criminal, which did not result in loss of a right, benefit or
privilege under Federal programs, or which would identify a source who furnished information pursuant to a promise that hislher
identity would be held in confidence;
(k)(3) material maintained in connection with providing protective services to the President of the United States or any other individual
pursuant to the authority of Title 18, United States Code, Section 3056;
(k)(4) required by statute to be maintained and used solely as statistical records;
(k)(5) investigatory material compiled solely for the purpose of determining suitability, eligibility, or qualifications for Federal civilian
employment or for access to classified information, the disclosure of which would reveal the identity of the person who furnished
information pursuant to a promise that hislher identity would be held in confidence;
(k)(6) testing or examination material used to determine individual qualifications for appointment or promotion in Federal Government
service the release of which would compromise the testing or examination process;
(k)(7) material used to determine potential for promotion in the armed services, the disclosure of which would reveal the identity of the
person who furnished the material pursuant to a promise that hislher identity would be held in confidence.
FBIIDOJ
ACLU-RDI p.3
DOJOIG004839

Doc_nid: 
11473
Doc_type_num: 
69