Letter to Robert Mueller, Director of the FBI, Re: Failure to Implement New Policy on Detainee Abuses
Letter
Durbin: The FBI has Failed to Implement New Policy on Detainee Abuses
In advance of the final Senate oversight hearing of the Bush Administration's Justice Department, U.S. Senator Dick Durbin (D-IL) sent a letter to FBI Director Robert Mueller today notifying Mueller that Durbin plans to ask him about the FBI's failure to revise its policy on detainee abuse, contrary to the recommendation of the Justice Department's Inspector General.
In tomorrow's Judiciary Committee hearing, Durbin plans to question Director Mueller on a recent Justice Department Inspector General (IG) report on the treatment of detainees in Guantanamo Bay, Iraq and Afghanistan. The report highlights some troubling FBI management failures involving detainee treatment, particularly an inadequate policy on reporting detainee abuse. According to Durbin's letter, FBI General Counsel Valerie Caproni has dismissed the IG's recommendations as "suggestions" and stated that the Bureau is unlikely to implement them.
Tomorrow's oversight hearing takes place at 9:30am in room 216 of the Hart Senate Office building in Washington.
A copy of today's letter can be found below:
September 16, 2008
The Honorable Robert Mueller
Director
Federal Bureau of Investigation
935 Pennsylvania Avenue, NW
Washington, D.C. 20535
Dear Director Mueller,
I look forward to your testimony before the Senate Judiciary Committee this Wednesday, September 17, 2008. In advance of this hearing, I would like to notify you of one subject I plan to raise with you: the FBI's failure to revise its inadequate policy on reporting detainee abuse.
As you know, in May 2008, the Inspector General released a report regarding the FBI's involvement in coercive interrogation techniques in Guantanamo Bay, Iraq, and Afghanistan. The Inspector General documented some troubling FBI management failures involving detainee treatment. For example, the report states:
We found that the FBI did not respond to repeated requests from its agents in the military zones for guidance regarding detainee treatment In light of recurring instances beginning in 2002 in which FBI agents in the military zones raised questions about the appropriateness of other agencies' interrogation techniques, we think that the FBI should have recognized sooner the need for clear and consistent standards and procedures for FBI agents to make these reports.
On May 19, 2004, only after the Abu Ghraib scandal became public, the FBI finally issued a policy on detainee treatment, which, among other things, requires FBI agents to report detainee abuse. According to the Inspector General, FBI agents immediately asked for additional guidance. For example, on May 22, 2004, the FBI On-Scene Commander in Iraq wrote in an e-mail to FBI headquarters, "This instruction begs the question of what constitutes abuse.'" The Inspector General concluded that the FBI's new policy on detainee abuse was inadequate: "We found that the Policy did not give clear guidance on when agents should report abusive interrogation techniques used by other agencies. It contains no definition of abuse or mistreatment."
According to the Inspector General, FBI General Counsel Valerie Caproni relayed FBI agents' concerns to you in an e-mail to you, stating, "So you know, some agents have asked what it means that a prisoner is being abused or mistreated.'" In this e-mail, Ms. Caproni attempted to clarify the FBI's policy as follows: "We have said our intent is for [agents] to report conduct that they know or suspect is beyond the authorization of the person doing the harsh interrogation. ... there is no reason to report on routine' harsh interrogation techniques that DOD has authorized their employees/contractors to use." However, the Inspector General determined this was not adequate guidance for agents: "We found that this approach did not resolve difficulties for agents who did not know what the DOD had authorized its interrogators to do."
The Inspector General concluded that the FBI should revise its detainee abuse policy:
[W]e recommend that the FBI consider supplementing its May 2004 Detainee Policy or expanding its pre-deployment training to clarify the circumstances under which FBI agents should report potential mistreatment of other agencies' interrogators.
We believe the FBI should also give concrete meaning to any terms that it uses to describe events that must be reported. For example, if the FBI requires agents to report abuse or mistreatment,' it should define these terms and explain them with examples, either in the Policy itself or in agent training.
However, it is my understanding that the FBI does not plan to implement the Inspector General's recommendation. At my request, Ms. Caproni briefed Judiciary Committee staff on August 7, 2008, regarding the FBI's response to the Inspector General's findings. At this briefing, Ms. Caproni said that the FBI does not intend to revise its policy on reporting detainee abuse.
During the briefing, Ms. Caproni also characterized the Inspector General's recommendations as "suggestions" which had been "overtaken by events," including legislation establishing the Army Field Manual as the uniform interrogation standard for the U.S. Armed Forces. However the Inspector General specifically addressed this development in his report and concluded, "Nevertheless, military interrogators are still permitted to use some techniques not available to FBI agents, and it is therefore important for agents to receive training on military policies for the FBI to clarify what conduct should or should not be reported." Additionally, it is possible that FBI agents may be present during interrogations conducted by employees of other agencies who are not bound by the Army Field Manual.
At this Wednesday's hearing, I would appreciate your response to the following question: Why has the FBI failed to implement the Inspector General's recommendation to revise FBI policy on reporting detainee abuse?
Thank you for your time and consideration.
Sincerely,
Richard J. Durbin
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