Letter from David M. Hardy Section Chief Record/Information Dissemination Section FBI to Nahal Zamani ACLU Foundation re: OIG Investigation - Interrogation of Detainees

This document is a cover letter to the ACLU enclosing 842 released documents 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.

Friday, May 1, 2009
Thursday, April 30, 2009

DOJOIG 003852
Dear Mr. Abdo:
u.s. Department of Jnstice
Federal Bnreau of Investigation
Washington, D.C. 20535
June 3, 2009
FOIPA No. 1126749· 000
The enclosed documents were reviewed under the Freedom of Information/Privacy Acts (FOIPA), Title 5,
United States Code, Section 5521552a. 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:
!!(b)(1 )
Section 552
0(b)(3) _______ _
847 page(s) were reviewed and 847 page(s) are being released.
Section 552a
0(k)(1 )
o (k)(2)
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 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 ide nt, references usually contain information similar to the information processed in the main file(s).
ACLU-RDI 6156 p.1
DOJOIG 003853
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.
.. See additional information which follows.
Sincerely yours,
David M. Hardy
Section Chief
Dissemination Section
Records Management Division
Enclosed is the third interim release regarding your Freedom of Information Act (FOIA) request. The
documents, in this release package, are from OIG Questionnaires, Par! IV (sections 1 & 2), and Par! V (section 1). This
material has been placed on a CD for your convenience. Your request for a fee waiver will be addressed at a later date.
ACLU-RDI 6156 p.2
DOJOIG 003854
(b)(1) (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;
(b)(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 infonnation 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 infonnation 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, infonnation 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 infonnation and data, including maps, concerning wells.
information compiled in reasonable anticipation of a civil action proceeding;
material reporting investigative efforts pertaining to the enforcement of criminal law including efforts to prevent, control, or reduce
crime or apprehend criminals;
information which is currently and properly classified pursuant to an Executive order in the interest of the national defense or foreign
policy, for example, infonnation involving intelligence sources or methods;
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 his/her identity
would be held in confidence~
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;
required by statute to be maintained and used solely as statistical records;
investigatory material compiled solely for the purpose of detennining 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;
testing or examination material used to detennine individual qualifications for appointment or promotion in Federal Government service the
release of which would compromise the testing or examination process;
material used to detennine 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.
ACLU-RDI 6156 p.3