Letter from Senator Leahy to John Ashcroft

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Letter seeking response regarding the contradiction between testimony before the Senate Judiciary Committee and media reports regarding the investigation of abuses by contractors at Abu Ghraib.

Doc_type: 
Letter
Doc_date: 
Friday, May 7, 2004
Doc_rel_date: 
Thursday, October 14, 2004
Doc_text: 

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Facsimile Cover Sheet
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COMMITTEE ON THE JUDICARY
WASHINGTON, DC 20 51 0-627 5
May 7, 2004
The Honorable John Ashcroft Attorney General United States Department of Justice 950 Pennsylvania Avenue, N.W. Washington, D.C. 20530
Dear Attorney General Ashcroft:
On Wednesday two of your Assistant Attorneys General appeared before the Senate Judiciary Committee. In light of the reporting about abuses of Iraqi prisoners and the involvement of civilian contractors over the last few days, I asked Mr. Wray what steps the Department was engaging in to investigate these matters, especially in light of congressional enactment of the Military Extraterritoriality Jurisdiction Act four years ago. I understood his response to be that the Justice Department is not currently involved in investigations, that investigations are being conducted by the Defense Department and that the Justice Department is awaiting a referral, if any, from the Defense Department.
The next day's New York Times reported: "The Justice Department is expnriring the involvement of Central Intelligence Agency officers and contract employees in three suspicious deaths of detainees, two in Iraq and one in Afghanistan, federal law enforcement officials said Wednesday." The article proceeds to explain: "The Justice Department inquiry, which has focused first on what laws may have been violated, means CIA. employees or contractors may be prosecuted in civilian courts... The Justice Department's jurisdiction over independent contractors stems from the Military Extraterritoriality Jurisdiction Act, a four-year-old law, untested in court, that gives federal courts jurisdiction over any crimes that may be committed by civilian contractors working with the military abroad."
Friday's Washington Post indicates that you gave a press conference yesterday in which you "declined to discuss any cases under review or to say whether the Pentagon ... has formally referred any cases to his department." It goes on to report that a "senior intelligence officer" indicated that the CIA in February "sent a report to the Justice Department" regarding the death at Abu Gbraib of Mana Jamidi, whose autopsy indicated that internal injuries were the cause of death. It also reports that in July2003 the Justice Department was notified of a case of an Afghani who died in connection with an interrogation "by a retired CIA retiree who was acting as an independent contractor."

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The Honorable John Ashcroft May 7, 2004 Page 2
Needless to say, I am disturbed that I received what appear to be less than a complete and truthful answer. I wanted to give you, and Mr. Wray, an opportunity to explain where the truth lies between his testimony before the Conitnittee, the public reports, and the facts.
I would appreciate your responding by return fax by 10 am. Monday morning. I tharlr you for your prompt attention to this matter.
Sincerely,
Dcnoc-er
cc: The Honorable Christopher Wray
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Facsimile Cover Sheet
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COMMITTEE ON THE JUDICIARY
WASHINC,TON. DC 20510-62/5
May 7, 2004
The Honorable John Ashcroft
Attorney General
United Stales Department of Justice
950 Pennsylvania Avenue, N.W.
Washington, D.C. 20530
Dear Attorney General Ashcroft:
On Wednesday two of your Assistant Attorneys General appeared before the Senate
Judiciary Committee. In light of the reporting about abuses of Iraqi prisoners and the
involvement of civilian contractors over the last few days, I asked Mr. Wray what steps
the Department was engaging in to investigate these matters, especially in light of
congressional enactment of the Military Extraterritoriality Jurisdiction Act four years
ago. I understood his response to be that the Justice Department is not currently involved
in investigations, that investigations are being conducted by the Defense Department and
that the Justice Department is awaiting a referral, if any, from the Defense Department.
The next day's New York Times reported: "The Justice Department is examining the involvement of Central Intelligence Agency officers and contract employees in three suspicious deaths of detainees, two in Iraq and one in Afghanistan, federal law enforcement officials said Wednesday." The article proceeds to explain: -"The Justice Department inquiry, which has focused first on what laws may have been violated, means
C.I.A. employees or contractors may be prosecuted in civilian courts. . The Justice Department's jurisdiction over independent contractors stems from the Military Extraterritoriality Jurisdiction Act, a four-year-old law, untested in court, that gives federal courts jurisdiction over any crimes that may be committed by civilian contractors working with the military abroad."
Friday's Washington Post indicates that you gave a press conference yesterday in which you "declined to discuss any cases under review or to say whether the Pentagon . has formally referred any cases to his department." It goes on to report that a "senior intelligence officer" indicated that the CIA in February "sent a report to the Justice Department" regarding the death at Abu Ghraib of Marta Jainidi, whose autopsy indicated that internal injuries were the cause of death. It also reports that in July 2003 the Justice Department was notified of a case of an Afghani who died in connection with an interrogation "by a retired CIA retiree who was acting as an independent contractor," Needless to say, I am disturbed that I received what appears to be less than a complete and truthful answer. I wanted to give you, and Mr. Wray, an opportunity to explain where the truth lies between his testimony before the Committee yesterday and the public report.
The Honorable John Ashcroft May 7, 2004 Page 2
Needless to say, I am disturbed that I received what appear to be less than a complete and truthful answer. I wanted to give you, and Mr. Wray, an opportunity to explain where the truth lies between his testimony before the Committee, the public reports, and the facts.
I would appreciate your responding by return fax by 10 a.m. Monday morning. I thank you for your prompt attention to this matter.
Sincerely,
cc: The Honorable Christopher Wray

Doc_handwriting: 
Will Moschella 514-4482 Same letter w/ corrected typo. Please disregard original version. CRM93 line ______ from 1st version I am concerned about this URGENT
Doc_nid: 
5024
Doc_type_num: 
69