Military Justice, III Corps

This document is a letter from the US Army trial counsel responsible for prosecuting Specialist [redacted] and Sergeant [redacted] "in connection with detainee abuse at the Baghdad Central Confinement Facility." The letter mentions a New York Times article reporting the existence of an FBI report documenting "the presence of certain FBI employees" at the facility, and requests that the FBI provide a copy of the report and a list of FBI personnel at Abu Ghraib.

Doc_type: 
Legal Memo
Doc_date: 
Thursday, November 4, 2004
Doc_rel_date: 
Tuesday, July 7, 2009
Doc_text: 

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ALL FBI CO • A: =T--
HEFEI2d 12 UNCLASSIFIED
DATE 07-68-2009 BY 65179 D1}1/N.35
REPLY TO
ATTENTION OF
• DEPARTMENT OF THE ARMY
HEADQUARTERS, III CORPS
VICTORY BASE, IRAQ
APO AE 093424400
November 4, 2004
Military Justice, Ill: Corps
Federal Bureau of Investigation
Office of General Counsel
ATTN: ASsistant General Counsel b6 Per FBI
b7C
Dear'
On the behalf of the Government, I have been appointed the United States Army trial
land Sergeant (SGTj counsel responsible for prosecuting Specialist (SPCJ
and in connection with detainee•abuse at the Baghdad Central Confinement Facility, Abu
Ghraib, Iraq. Both of these defendants have already been arraigned with trial dates set for
. January 7, 2005 and February 1, 2005 respectively_ Under the provisions of Rules for Courts-
Martial (RCM) 701 and relevant military case law, the Government must release relevant specific
information designated in a defense discovery request.
Recently, an article was published in the New York Times that reported the existence of
an internal Federal Bureau of Investigation (FBI) report that documented the presence of certain
FBI employees' at the Baghdad Central Confinement Facility, Abu Ghraib (See New York
Times, "F.B.I. Saw inmates Treated Harshly at Abu Ghraib", Neil A. Lewis, October 26, 2004).
This report also seemed to document that FBI personnel mayhave witnessed abuse of detainees
at Abu Ghraib.. Based upon this report, the defense counsel for' Ihas requested a copy
of this investigation in. writing. Moreover, the defense counsel in both cases have requested the
names of all FBI employees that performed interrogations at the Baghdad Central Confinement
Facility, Abu Ghraib, Iraq during the relevant timeframe of the military's investigation from
October 1, 2003 through December 31, 2003.
• As the Government representative, I am requesting that your agency provide a copy of
this report and the list of MBI personnel at Abu Ghraib during this time period: The Government
believes that the release of the report, to include any witness statements taken during the
preparation of the report, is an essential step in expeditiously resolving these cases. Given the
upcoming trial dates and the potential need for dialogue based on this disclosure, the
Government would request that you provide this information by no later than November.19,
2004.
FBI0101510GC
FBI CTLU#1 #8 FBI-0000925 •
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DOJOIG012710
11/05/04 07:47 FAX 7036968403 USALSA JALS-ZX
If you would lik e concerning t s discovery request, I can be reached at
(w) (703) 696-3208, (c) or via e-mail at
Thank you for your consideration and assistance in this important and time sensitive matter.
Sincerely,
Captain, Judge Advocate
Trial Counsel

Doc_nid: 
11697
Doc_type_num: 
62