RE: Outline

This is an email chain focusing on the prison transfer and potential of prosecution for one detainee. An official raises broader questions of what it means to participate in the interrogation of a detainee and how the FBI can not implicate itself in the military's interrogation tactics.

Doc_type: 
Email
Doc_date: 
Tuesday, October 12, 2004
Doc_rel_date: 
Tuesday, June 14, 2011
Doc_text: 

. Subject RE: outline .
aliZIAMFTM
NON-RECORD
DATE: 03--
CLASSIFIED BY 65179 DMH/aj3
FEASON: 1.4 SC M
DECLASSIFY EN: C3-1
ALL INFOPNATION CONTAINED
17771I7 IS UNCLASSIFIED EXCEPT
1.11-RE SHOWN OTHEPUISE
First overview of issues outline produced bi and I. Your thoughts?
Counterterrorism Law Unit I LX1, Rm 5S212 b7C"
OGC—CTLU#2# 9 FBI0000750
eitherqor I received the -outline "attaOhement." SMW
--Original Message
From:I 1(0GC) (FBI)
Sent: Tuesday, October 12, 2004 10:18 AM
To:l I(OGC) (FBI);I
• Subject: outline
.MCLASSI n
NON-RECORD
Ch
b6
***************************
FYI
-----Original Message-----
From: Caproni, Valerie'E. (OGC) (FBI)
Sent: Thursda October 21, 2004 1:36 PM
To: OGC) (FBI)
Cc: (OGC) (FBI); THOMAS, JULIE F. (OGC) (FBI)
Subject:. RE: Battlefield Advice
vo.
SEN !ED
NON-RECORD
Thanks. I think there is also an issue of what does it mean to "not participate" in aggressive interrogation
(outside our guidelines) when you are in forward, positions. what happens if the Army beats the stuffing out
of a detainee, gives him to FBI, he starts talking to FBI and then the Army wants him back. Have we just
"participated" in good cop-bad cop with the Army? How long after Army does its thing do we need to wait to
not be viewed as a "participant" in the harsh interrogation.
Or
From: (OGC) (FBI)
Sent: urs ay, do• er 21, 2004 1:27 PM
To: Caproni, Valerie E. (OGC) (FBI)
FB10103900GC
1(0GC)(FBI)
by
b7C
b6
b7C
DOJOIG012745
b6
..b7C
1(0GC) (FBI); THOMAS, JULIE F. (OGC) (FBI)
Subject: Battlefield Advice
MIIITIVE=BUT-UNG
NON-RECORD
Valerie: I wanted to give you a quick update on the status of the advice you requested pertaining to our
agents in Afghanistan and Iraq. I know you really wanted this last week and I apologizefor the del
As you know, (CTLU I - Afghanistan) is working jointly on the advice with
(CTLU II - Iraq) just returned yesterday from the London training for the Iraqi judged nd
are far along in the research and drafting. They are meeting this morning with the military unit and
military officials, and have spoken with agents who have n the ground to get a sense of prior
agent experience in these environments. From talking to the complexities come not with the
targets who the USG may have a viable prosecution interes in (the advice is much easier to provide),
completed by tomorrowl !will give you a full update right after the Iraqi Special Tribunal briefing to
but rather with those tarAetsjo, whom we have a pure intelligence interest. If a draft of the advice is not
ensure that the advice comports with what you have in mind. Thank you.
SENSITAMEW-t-iiNCI ".)
**********************
RECORD 315E
Just keeping you in the loop. As anticipated, we are treating him differently and as such are having him
• removed from the Balad facility to Abu G prison, a more established, long tern facility.
)
b7C
b6
b7C
b6
•b7C:
Original Message----
From: FOWLER, GREGORY A. (SE) (FBI) .
Sent: Monday, November 01, 2004 1:56 PM
To: MAXWEL (FBI)
CTD) (FBI) i
,
FB
(SD) (FBIr I l(CTD
CTD) (FBI); (OGC) (FBI) I(HO) (FBI);[
CTD)(FBI)
Subject: RE: Record checks •
' S )
As anticipate(' sked us to removal (from thi in Balad as soon as possible. They are
concerned about legal lability since he is an AMCIT. Since Cropper is, also apparently . off the list as well •
(US Military-run prison), I"ve asked them to arrange for his transfer to Abu G. That"s about the only
remaining option in country. He can still be interviewed there. He has only been interviewed by FBI SAs.
Building a case for US omsenutinn must start aft-Pr ha is tranqffarrari t i Atli! r Thea n ture of thel
ny information
ootainea oy interview while a detainee is at thi cannot be used as evidence. Th by its nature, is
inherently coercive and no statement or confeSsion would ever be considered voluntary in a US Court.
Witness interviews taken at th have the same issues. However, if they are cooperating and provide
voluntary statements away fro Ihat may be usable, even if it is the same statement. I also believe
Cc:
b6
b7C

FBI0103910GC
OGC:-.CTLIJ#2# 9 FBI 0000751
DOJOIG012746
(personal opinion) thal kould see us expelled from their compound if we attempted to put any of their
personnel on a witness stand. This doesn"t necessarily preclude prosecution in the US. It means you can"t
use anything front he same probably goes for SSE seized during the raid, however, we may be
able to use it for lead value. )"m attempting to obtain the SSE now.
approached the Jordanians in Amman. They provided fingerprints and a copy of an
in is ment. 1"m having the documents associated with the prints translated and will forward to CJIS.
also sent a copy (not translated) to CJIS. He will forward the indictment as well. He did this at my request .
and let me review the information he was releasing to the Jordanians before his meeting. He can provide
more detailed information but it appears the Jordanians are cooperating..
A lack of an existing US case and the limitations of using evidence obtained in Iraq certainly make a US
prosecution problematic. If the Jordanian charge is substantial and it looks like a good case, then that may
be the preferred route. The Jordanians taken with him could also be provided as witnesses/additional
subjects.
bl
b6
b7C
You can coordinate this mitter with MP. or
BOC Reports Officer is RO
If course. The BOC case
e can pass anything to Balad.
agent is SA1 'The
ssp. i
Deputy On-Scene Commander
Baghdad Operations Center
Baghdad, Iraq
-----Original Message---
From: MAXWELL, RICKY L. (C I L)) (FBI)
Sent: Monday. NovemhPr pi., 2004 8:49 AM
To I f9E) Cc: 11 I (c—n)
(FBI)
(FRT11 SD) (FBI);
rIGC) (FBI)
CTD)
(FBI); BRIESE, M C. (CID) (FBI);
Subject: RE: Record checks
(U)
RECORD 315E
Greg,
b6
b7C
b6
b7C
No problem, they have been done already. I thought they had already sent them out to you:
What's our status in Iraq with IIs he being held in Balad and has he been interviewed.by anyone
other than FBI personnel since his initial capture. I am going to speak with CTS on this issue later today
and wanted to see if I could give them some feel for what we have so far. We are trying desperately to get a
decision on what we should do with this guy quickly. Our discussion here have produced a couple of
scenarios.
1. Provide him to the Jordanians
2. Designate him an enemy combatant .
3. Let him be prosecuted by the Iraqi court system
OGC—CTLU#2#9
FBI0103920GC
• M310000752
DOJOIG012747
4. Prosecute him here in the U.S.
I have I (doing a full reveiw of all information/evidence that we have to far on him to see what we have
that could be used in an open court. I suspect that it is pretty limited. In your opinion, could we use any of
the info developed in Iraq so far in to support a U.S. prosecution? In particular, the statements of the
individuals apprehended with him or a tainted as intelligence interviews only by virtue of being
S
conducted in Baled in conjunction wit
I would like to see this prosecuted in a U.S. court if we have enough usable evidence to support it.
Also, who should we be coordinating this one with on your sideA (has some info he is trying to get -
out to Balad that may be helpful to the interviewers and he is not sure who we should be directing the info
to.
It's been a busy few days. I was out with the Flu on Friday, but I am back in the game. If you guys need
anything, just let me know. Also, let me know when you can get the SVTC and I will coordinate on this end.
will coordinate with SD and CTS, but I think we should do one SVTC and include everyone.
I'll be glad when we get your comm's fixed so we can call you. Stay safe.
Rk%
b7C
b6
Original Message---- -b7C
From: I(SE) (FBI) .
Sent: tunclay, October 31, 2004 12:49 PM
To: MAXWELL. RICKY I (CTD) (FBI)
Cc:l 1(CTD)(FBI)
Subject: Record checks
Rick: ROI I sent in the names of the four ""tourists"" (tall buildings videos) to ISLU'for full record
checks at my request. Could you please prod the analysts to complete those checks as soon as
possible? A decision on their future is imminent and I don"t want them to leave our control if they
are of interest to us or anyone else. Thanks. gaf
SSA
Deputy On-Scene Commander
Baghdad Operations Center
Baghdad;Iraq

Doc_nid: 
11694
Doc_type_num: 
67