Letter from Michael Garcia, Sean Lane, and Peter Skinner to Melanca D. Clark re: FOIA document review

DOJ letter regarding ACLU, et al., v. Department of Defense, et al., which states that the CIA has re-reviewed documents concerning waterboarding and produced redacted versions of some of those documents. Letter also mentions that on May 12, 2008, the Court preliminarily overruled certain of CIA's FOIA exemption invocations.</p>

Friday, May 23, 2008
Thursday, May 22, 2008

U.S. Department of Justice United States Attorney Southern District of New York 86 Chambers Sireet, 5th Floor New York, New York 10007 May 23, 2008 BY FEDERAL EXPRESS Melanca D. Clark, Esq. Gibbons, Del Deo, Dolan, Griffinger & Vecchione, P.C. One Riverfront Plaza Newark, N.J. 07102 Re:.ACLU, et al., v. Department of Defense, et al., No. 04 Civ. 4151 (AKH); Dear Ms. Clark: The CIA has re-reviewed the records that were the subject of the parties' Third Cross-Motion for Summary Judgment to determine whether there are documents, or portions of documents, that may be produced in light of the Director of the Central Intelligence Agency's February 5, 2008 disclosures to the Senate Select Committee on Intelligence concerning the CIA's past use of an interrogation technique known as waterboarding. We are enclosing redacted versions of those documents where the CIA determined that there is segregable information that can he produced. The cover sheet attached to the front of each redacted document identifies a document number, which corresponds to the numbers used for the document descriptions in the Seventh Dorn Declaration. The last document, which was not addressed in the Seventh Dorn Declaration, is a redacted version of the final report of the CIA's Office of Inspector General concerning its review of the CIA's interrogation and detention program. In addition, at the May 12, 2008 in camera presentation, the Court preliminarily overruled certain of the CIA's FOIA exemption invocations. The Court, however, is permitting the CIA to file a supplemental classified declaration further explaining those exemptions. The Court will review that classified declaration ex parte and in camera, on June 17, 2008, and will then finalize its preliminary rulings. If those rulings require the production of additional information, the CIA will request a stay while it determines whether to appeal those rulings. A court reporter transcribed those portions of the May 12, 2008 proceeding that did not concern classified information. With leave of the Court, the CIA has reviewed that transcript to verify that no classified information was inadvertently transcribed. We have notified the Court that the transcript is not classified. It is our understanding that the Court intends to file the transcript on the docket. CIA 15 Melanca D. Clark, Esq. May 23, 2008 Page 2 Thank you for your attention to these matters. Very truly yours, MICHAEL J. GARCIA 94-1.States Attorney By: SEAN H. LANE PETER M. SKINNER Assistant United States Attorneys Telephone: (212) 637-2737 Enclosures CIA 16