Testimony of Valerie Caproni, General Counsel, FBI, before the House Intelligence Committee

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Testimony of Valerie Caproni,
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! General Counsel:, Federal Bureau of Investigation, before the House Permanent Select Conimittee on Intelligence
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July 14, 2004
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Good nioming, Mr. Chairman, Congresswoman Harman and members of
the Committee. I am honored to appear here today to address the policies and
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1 guidelines that govern FBI taking' statements from individuals detained outside the
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United States 'who are believed tolhave information relating to terrorism.
• The FBI has been deploying agents worldwide for a number of years,
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,, although the number of deployed lemployees.has risen sharply since September 11,
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ma 1 . As we understand the nature of the hearing today, it is focus on the
guidelines for linte'rrogations and interviews of individuals w dare believed to
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i possess information relevant to thel war on terror. Accordingly, I will not be
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dikussing the normal rules that would govern an agent who, for example, needed
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' to interview someone living in London in connection with a white collar
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11 investigation being conducted in New York.

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' i In connection with the fight against terrorism, the FBI has agents all over
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the world, but those deployed in Afghanistan, Iraq and Guantanamo Bay are most

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.1! relevant to this hearing. All FBI Agents receive significant training regarding the
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/ FBI's policies,andguidelines governing the taking of statements from individuals.
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This training begins with the FBI's new agent curriculum at the FBI Academy and
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continues by way of periodic updates through mandated annual legal training.
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Additionally, each agent is providied a copy of the Legal Handbook for Special
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Agents, which contains. a comprehlensie summary of the legal principles and
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) policies that apply to investigative activities, including those governing the taking
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ALL INFORMATION CONTAINED

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The only, significant differmice between the policies that govern our
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interviews within the United Statei and those that govern activities outside the
United States involyes the issue of advice of rights. Within the United States, as a . I
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1 policy all custodial interrogations begin with the interviewee!matter of genera
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s or her rights, including the right to remain silent and the right
being advised Of hit
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Pto consult with an attorney. The FBI, with the concurrence of the Department of
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!Justice, has advised'personnel conducting interviews of individuals in custody or

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otherwise detained'in Iraq, Guantanamo Bay and Afghanistan, for the purpose of
!gaining valuable intelligence, to dispense with providing those interviewees with
tthe sorts of warnings normally prokided to protect Fifth Amendment rights of -i -
Epersons interviewed in the United 'Stites in criminal matters where either Fifth or I
nSixth Amendment rights have attaChed: Dispensing with the requirement that the
iprovided with an Advice of Rights in no way alters thefintery ewee be
. , fundamental principle and tenet of FBI policy that interviewees may not be .
tcoeiced or threatened into providing a statement.
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1 deployments

With respect' to the specific deployments to Iraq, Guantanamo Bay and
I. Afghanistan, FBI personnel departing for such duty are briefed by representatives
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ifrorn various programs on a variety of issues, including the legal principles and i • ,
e taking of statements. The FBI has advisedpolicy guidelines Whichapply to t he
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1;FBI personnel, and personnel under FBI supervision deploying to these areas, that
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',with the exception 'of the requirement that interviewees be given an Advice of
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with FBI policy at all times.
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" ! In light of the abuses that occurred at the Abu Ghraib prison, in a
.memorandumto all employees (which will also be included in the materials all
l `employees receive before being deployed to Afghanistan, Iraq and Guantanamo),
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sometimes takes longer than we might like.
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. . In short, bdth because we belieye it is the most efficacious way of obtaining , . io valuable
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aluable information and because it maximizes the likelihood that any resulting
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¦• statement will be admiSsible in court, the FBI does not use harsh interview of

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. interrogation techniques, whethei the interview is conducted within the United

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¦ States or outside the United States! .
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11 of statements.: This resource is available in both electronic and hard copy format.

I The Legal Handbook for Special Agents states, "pit is the policy of the FBI
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p that no attempt be made to obtain .a statement by force, threats or promises." See
ir2.1. Although a:person's status !ditei,mines the type and extent of due process
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rights afforded under the Constitution,.it is FBI policy that no interrogation of any
individual, regardless of status, shall be conducted using coercive practices to
individual,
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ormation. Among the techniques that are not allowed, therefore,
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regardless of whether the interviewee is a US citizen or an unlawful combatant
i taken into custody on the battlefield of Afghanistan, are physical abuse or the
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threat of such abuse to the person being interrogated or to any third party, or the

t . ' t imPosition of severe physical or environmental conditions.
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i From the time they enter the FBI Academy, our agents are taught that

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I statements, including confessions obtained in the United States or abroad, must be

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Cry tIvoluntary and 'must be obtained consistent with the Fifth and Sixth Amendments to
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iitheronstitutiOn. Although these pasie principles have been taught for years

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1 because they are the foundation fo r insuring that the results of an interview will be
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ce court, in most respects they are Just as important
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when the sole koal'of the interview is to gain intelligence -- not evidence for use at

admitted into evidenceI . evidenfederal
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',.. iAlthough there are multiple schools of thought in terms of the best way to
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o6t'ain informa)tion from recalcitrant or hostile individuals, over years of
ileXp,enence the ,1FBI has found that ithe best way to obtain accurate information
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1;when conducting interviews and interrogations is to use rapport building
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techniques. Whether we are interviewing suspected pedophiles, terrorists or
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lianiith:ng in between, our experience has shown that treating an interviewee with

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resect is most likely to result in alsuCcessful interview or interrogation, even if it
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we recently memorialized the advice that had previously been orally conveyed to

bi .employees deploying oversees regarding FBI policy related to the interrogations.
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That memorandums emphasized that FBI personnel may not obtain statements by
1.1 the use of force, threats, physical labuse, threats of such abuse or severe physical
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i conditions. Furthermore, the communication instructed FBI personnel
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participating in interrogations with non-FBI personnel to at all times comply with
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policy and guidelines for the:treatment of interviewees. The memorandum

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.. Makes clear that FBI personnel shall not participate in any treatment or use any
interrogation technique that is in violation of FBI guidelines, regardless of
i 'Whether the cu-interrogator is in compliance with his or her own guidelines. If a
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is complying with. the rules of his or her agency but is not in
p 11, compliance with FBI policies and guidelines, FBI personnel may not participate in
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co' i ni terrogator i
the interrogation and must remove themselves from the situation. , P' ' I This communication added;a reliorting requirement for instances of known
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1 oi4suspected abuse or mistreatment of individuals. If an FBI employee knows of
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• .. ent of an individual being interrogated by
or suspects any abuse or mistreatment
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1., non-FBI personnel, the FBI employee must.report the incident to the FBI

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. p onrscene commander, who shall report the situation to the appropriate FBI official
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!, in he chain of command. The FBI chain of command will then ensure that the
incident is reported to the other indiVidual's chain of command so that appropriate
G stps can be taken. ' 1 ,

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' , I am pleased to respond to any questions you may have.

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