Requests from Military Criminal Investigative Services to Interview FBI Personnel

(Rev. 01-31-2003)
• FEDERAL BUREAU OF INVESTIGATION
Precedence: PRIORITY Date: 11/03/2004
'To: All Divisions Attn: 'ADIC
. AD
SAC
CDC
FBIHQ, Manuals Desk
From: General Counsel
National Security Law Branch
Contact: AGCI
Approved By: Caproni Valerie E
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ALL INFD9HATICN CONTAINED
HEREIN Li UNCIAIFIED
DATE 08-18-2009 BY 65179 UNE/ J
Drafted By : rm
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Case ID #: 66F-HQ-C1384970
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Title: P7V.„17ESTS FROM MILITARY
CRIMINAL' INVESTIGATIVE SERVICES
TO INTERVIEW FBI PERSONNEL
Synopsis: To provide guidance regarding requests received from
military criminal investigative services to interview FBI
personnel regarding observations made while interacting with
military personnel overseas (e.g., Iraq, Afghanistan,. Cuba).
Details: Several field offices have received requests from
:military criminal investigative services to interview
personnel regarding observations made while interacting with
military personnel overseas (e.g., Iraq; Afghanistan, Cuba)-
Topics of requested interviews to date include detainee abuse and
' criminal misconduct by military personnel. These are significant
and serious investigations and, as a matter of policy, it is
imperative that the FBI cooperate fully to the extent permitted
by law and operational or security considerations.
At the same time, military investigators may be seeking
inforMation from FBI agents which is both sensitive and critical
to an FBI international terrorism,' foreign intelligence, or,
counterintelligence investigation--the disclosure of which could
Conceivably compromise the FBI investigation. To ensure full
cooperation and, at the same time, to protect, sensitive
FBI030904CBT
OIG REQ 07/15/05-PART 1-(DIR STAFF) F3310000393
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To: •All'Division- From: General Counsel
,Re: ??, 11/03/2004
investigative information from inappropriate, disclosure, •the
following guidance is provided'by the Office of the.General
Counsel (OGC):
FBI personnel receiving such requests should'
immediately contact the Chief Division Counsel :(CDC) for their
Field Division. The CDC should then refer the request to the . ...
Office of General' Counsel (OGC), National Security Law Branch
(NSLB) at FBI Headquarters. The NSLB point of contact, (POC) will
be responsible for coordinating the requests with' the CDC in the
field as well as components of OGC, Inspection Division, and 'the
responsible substantive unit at FBIHQ when necessary:
. Although the requests thus far have been to interview
agents for investigative purposes, the potential exists that -
these matters. may result in criminal proceedings. To determine,
the nature of the requesti NSLB will contact the requesting
agency to determine'the scope of the interview and request that
the agency provide a written' request outlining the information
sought. ,A copy of this letter will be given to the interviewee
well in advance of the interview and filed accordingly. If time
. is of the essence, the request will be handled verbally with a
written follow-up. The NSLB POC and the CDC will work together
to ensure that the anticipated release of information is
consistent with all applicable laws and-vegulations;to
the Classified Information Procedures Abt, Rule 6(e) of the
Federal .Rules of Criminal• Procedure regarding Grand Jury Secrecy,
28 C.F.R. §16.26, and the Privacy Act of .1974.'
The following general principles apply:
The interviewee will. be advised of the scope of the
interview as described in'the letter produced by the
requesting agency or through conversations) between
the CDC, NSLB and the requesting agency.
Blanket Routine Use #1 for all FBI records systems allows disclosures of information about individuals
in FBI records if the records on their face, or in conjunction with other information, indicate a violation or potential
violation of law (civil or criminal), regulation, rule, order,' or contract, if disclosure is made to the entity charged
with investigating, prosecuting and/or enforcing such law, regulation, rule, order, or contract. In addition, a•Routine
' Use for the FBI's Central Records System allows disclosure of information about individuals in FBI records to any
Federal agency where the purpose in making the disclosure is compatible with the law enforcement purpose for
which it was collected, e.g., to assist the recipient agency in conducting a lawful criminal or intelligence
investigation, to assist the recipient agency in making a determination concerning an individual's suitability for
employment and/or trustworthiness for employment and/or trustworthiness for access clearance purposes, or to
assist the recipient agency in the performance of any, authorized function where access to records in this system is
declared by the recipient agency to be relevant to that function.
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To: All Division "From: General Counsel
Re: ??, 11/03/2004
n The interviewee should review the request by the other
agency and collect/review any documents which are
pertinent to the issues raised. Copies of the
documents should be provided to the CDC and the POC for
the NSLB.
n The interviewee is not authorized to disclose any
information beyond the scope of the interview as
described- in the letter without the appropriate
authorization. This would include the disclosure of
grand jury information, classified information, the .
identity of a law enforcement source, and/or sensitive
law enforcement techniques. FBI counsel should review
the issues and records with the interviewee to identify'
any information that appears to,be Outside the approved
scope of the interview and could not be released
Without seeking further authorization.
In those circumstances where the potential exists that
the interview may address unauthorized or sensitive
information or because the permissible boundaries of
the interview are unclear, FBI counsel will attend the
interview. FBI counsel is present to protect FBI
interests and address concerns regarding the
. intear.tty-/-disclosure of .its information.
Requests for doduments should be referred to NSLB.
Any personnel receiving.a request for interview by a
military criminal investigative service should immediately notify
their CDC. The CDC should contact NSLB POC who is Assistant b 2 •
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2The ABA Model Code of Professional Ethics Rules 1.7 (Conflicts of Interest), 1.13 (Organization as
Client), 2.3 (Evaluation for use by third persons), and 4.3 (Transactions with persons other than clients) would
suggest that an attorney's purpose be made clear to the interviewee.
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OIG REQ 07/15/05—RART 1—(DIR STAFF) FBI0000395,
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To: All DiViSi011-, From: General Counsel
Re: ??, 11/03/2004
LEAD(s):
Set Lead 1: (Action)
"ALL RECEIVING OFFICES
".Ensure requests for interview of FBI personnel by
military criminal investigative services are handled in
accordance with the above.
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OIG REQ 07/15/05-PART 1-(DIR STAFF) FB10000396
DOJOIG013747