Responsive Documents - CREW: DOJ: Regarding Information on Criminal Division's Handling of...
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-DRAFT-
Memorandum
Sub ject: Date:
Pre lim ina ry Inquiry into Detain ee Deaths November 20, 2009
To: From:
Te resa McHenry, Chief
David Jaffe, Deputy Chief
A. Source: Source Name:
Date of Birth:
Citizenship:
Address :
B. Executive Summary:
This m em or andu m addresses the rpilts of the preliminary inquiry into allegations
and/or suspicion s ofL \L
Jalieges that the U.S. m ilitary
fals ely repo rte d the circum st an ce s sur roun ding the Jun e 10, 2006 deaths of three (3)
de tainees w hile in U.S. m ilita ry custody in Guantanarno Bay, Cuba, Upon ftrther
inqu iry into this ma tter by the Department of Ju stice (DOJ) Tria l A ttorney, Rob ert
McGovern, and Federal Bureau of Investigation (F Bf l Spec ia l Agent(
itis
C. Background Information Regarding[
Robe rt M cG ov ern, Trial Attorney
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B. June 10, 2006 Detainee Suicides:’
At approximately 12:30 a.m, on June 10, 2006, three detainees being held at the
U.S. detention facility in Guantanamo Bay, Cuba commiffed suicide by hanging
themselves in their cells. At the time of these deaths, there had been 41 previous suicide (attempts by detainees at Gudntanamo Bay Naval Station 2
1 CeD
The June 10, 200b suicides occurred in Alpha Block of Camp 1 which is located
inside of Camp Delta. Camp Delta is located inside the United States Naval Station in
Guantanamo Bay, Cuba. Camp Delta consists of two main complexes which have
numerous single level cell blocks consisting entirely ofmetal fencing and bars whichexpose tho cell blocks to wind and 1ighfl
J
There is another facility called Camp America
TheJoint Detention Group, Joint Task Force
—Guantanamo Bay, Cuba
Headquarters is located across the street from Camp America an4
- Finally, there fã small
fenced facility named Camp Iguana located on the opposite IiEI of a large hill which is
directly adjacent to Camp America.
E.i
This memorandum is Unclassified as all information provided herein is unclassified and/or obtained from
open sources.2
Source: Washington Post news article, dated June 10, 2006, regarding the deaths of the thee detainees.Source: Al l information regarding the physical layout of JTF Compound was obtained from the website:
GlobalSecurity.corn.
2
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DELETED PAGE INFORMATION SHEET
REQUEST NO: g1i2F
THE FOLLOWING)PAGE(S) WERE WITHHELD
BY THE CRIMINAL DIVISION FROM
DOCUMENT PURSUANT TO FOIA
EXEMPTION(S)
7
ADDITIONAL COMMENTS:
Ip
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Allegations Regarding GITMO Suicides
Overview of Domestic Security Section inquiry
The June 10 , 2006 Suicides
At approximately 12:30 am. on June 10, 2006, three detainees at Guantanamo
Bay Naval Station (GITMO) were found hanging in their cells from nooses made from
torn cloth the detainees had collected and secreted in their cells, The deaths were
determined to be suicides.
The deaths were thoroughly investigated by the Naval Criminal Investigative
Service (NCIS), which concluded that the deaths were indeed suicides.
( IThe Allegations
In February 2009[ Jcontacted DOJ. Jstatcd that
L had information suggesting that the militar’s account of the
deaths of the three detainee’s was not accurate Specifical1yJ jeported the
following information provided byL 1 c )
1
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N
Cb)
c
The DOJ Inquiry
Between February and November 2009, the Criminal Division’s Domestic
Security Section (DSS) and the FB I conducted a preliminary inquiry into I iiallegations. The team interviewed a number ofwitnesses, including each witness
identifiedby[ nd reviewed the NCIS investigative rile, as well as
other documents and evidence; and conducted a site visit to GITMO.. teamand——
suspicions that the detainees had not died in their cells and that the r had
revealed the existence of an ongoing cover-up.E 0
jThe
th u owing is a brief overview of the intbrmation developed during the inquiry. C)
Interview of[1(c)
During an interview with prosecutors and FBI agents orL 2009,
L jstated the following:
He and his team were on guard duty on the night of the suicides. The
team performed perimeter duty and general patrol within the entire camp
area, and also manned several towers on the perimeter of Camp Delta, an
area that contained six mini-camps or cell blocks. On nf the camps
within Camp Delta, Camp One( One
of those cell blocks, known as lha, housed the detainees in question,
,, i L jteam had no responsibility for patrolling the actual cell blocks,
as that was the responsibility of the Navy.L jtated that from the
tower, the guards could see the cellblocks and could see into all the
individual cells. On the night in question ‘Jwas on patrol, but was
not in any of the towers. r tated, however that he later spoke to
two of his colleagues whJiad bein the towers,5- - . . -
and L ;_)vho informed him that they had not seen anything
occur in the cells in question or in th e cell blocks within Camp One.
illaimed that other colleagues also reported that they did not see
detainees being moved from Camp One to the medical clinic.
While on patrol on the night in question[ aw a detainee
)J) transport vehicle, known as a “paddy wagon,” exit Camp One twice over
the span of several hours. Because guards in paddy wagons were required
to check out weapons when transporting detainees, and because the guard
2
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in the paddy wagon that night did in fact check out weapons
believed that a detainee was being transported in the paddy wagon on both
occasions, On the second occasion aw the paddy wagon turn
onto a side road leading to whathe l5Elieved be a secret facility that
C nd his men had previously discovered. (On a prior occasion
when\ Dhad observed the secret facility, he had heard screaming.)
Later on the night in question,5 saw a paddy wagon enter the
camp area and go straight to the medical clinic. Approximately 1.5 hours
later, the whole camp “lit up,” and there was activity around the medical
clinic. L 3vas told by a medical corps member that three detainees
had died and that they had rags down their throats.V
• V
[1 (V)
• Lidentified for the FBI three individuals ho could corroborate
hls accouiiit.L eported that 1andL vere in the
towers on the night in question and that j was presentduring .}ieeting. Laterf .Jattorney provided the
names oftwo additional person V
V
b( ‘(C,J
who purportedly could provide additional corrobora tion forL
account.
Other Witness Interviews
The FBI interviewed all five witnesses identified byf .
DSS prosecutor was present for some of the interviews.VJ
j\For instance: (j)
• Jstated that he was in one of the towers at some point that evening.
1{e said that while in the tower, he did not see detainees being removed
from their cells or the cell blocks. Based on his account, however, it was
not clear whether he was in the tower at the time of the suicides.
\i• jported that,e was not in the towers on the night in question,
contrary to L laim .V
• E ‘aid that he was in one of the towers that night, but that his tower
had a Iew of only the recreation yard.
jcould not remember whether he was in a tower at the time of the
suicides.
3
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The witnesses gave inconsistent. rnos regardin eeting. Fo r
instance described the deaths as hangings, while
another recalled thati iescribed the detainees as having rags down their
throats. [
- 1yasnotpartof[
in question.
junit and was no t working on the night
9JJ/
I) i
NCIS Investigatio
\ )
4
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/
\__ jb)p
Site Visit
In addition to the foregoing, the FBI agents andqDSS prosecutor traveled to
GITh’IO. Based on that site visit, the team determined
1bDV(L -Conclusion Q 1(L)
Based on this inquiry, the investigative team determined that there is no credible
evidence supporting lallegations or suspicions regarding the detainee dea ths orhis allegations about any cover-up.
5
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Page 1 of 1
Cc: Jaffe, David
Subject: just fyi re: gitmo case
Status reportAfter discussion with NCIS person today, learned that they still working onlocating the file.
L
Call if questions/concerns.
Teresa
zc
J
5/26/2009 A -
jA”
McHenry, Teresa
From: McHenry, Teresa
Sent: Wednesday, March 11, 2009 1:03 PM
To: Glavin, Rita (CRM); Raman, Mythili; Morton, John; Fagell, Steven
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Page lofi
(b°McI-Ienry, Teresa
From: - -Sent: Thursday, February 12, 2009 10:48 AM
To : McHenry, Teresa
Subject: Contact Information fo[ .
L We will arrive in GTMO Sunday night and return
Thursday.
Do you see any problems with that? This will be totally unrealted to any issues pertaining to our
discussions with you fd1k
EWackenhut Security company
2/12/2009
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From: McHenry, Teresa
Sent: Thursday, April 09, 2009 2:44 PM
To:
(FBI)iç )
Cc:affe, David; M cGovern, Robert_
- (C,)
Subject: FW:Contact Information forL -
Fyi-
—
Below includes contact information forft
belieiethat[
3hadsaid in our meeting w
ith[
]that he would forward w hat he hd• CD O )
From:L
-
Sent: Thursday, February 12, 2009 10:48 AM
To: McHenry, Teresa
Subject: ContactInformation fo1
J (J)
TWe will arrive in GTMO
Sundaynight and return Thurs
day.
Do yousee any problems with that? (bj
LWackenhut Securi
ty company
Matter\contact info fo[
L
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January 14,2010
Congrpssman John Conyers Jr.
2426 Rayburn H.O.B.
Washington, DC 20515
-
Dear: Congressman Conyers:
This office representsfi
experiehces at Guantdnamo Bay.
Respectfully submitted,
statement is enclosed,
J•
Cc •. 2504LTC. Russell Sweet
Natiohäl Guard
2400 Wright Street.
Madi5Qn WI 53704
Congrssthan Ike Skelton
U.S. Hbuse of Representatives
2206 Rayburn House Office Building
Wasbington, DC 20515
Senator Russ Feingold
506 Hart Senate Office BuildingWashington, DC 205 10-4904
ijaain now reports his
(D
( C
(u’) e recollection of events at Guantanamo Bay during his tour of du are . ‘,..
inconsistent with tl1 findings of the NCIS investigation regarding the deaths of three detainees fri’.
hme 2006.
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Congressman Bill Delahunt2454 Rayburn House Office Building
Washington, DC 20515
Governor Jim Doyle
Madison Office
P.O. Box 7863
Madison, WI 53707
Department ofDefense
Office of the Inspector General
400 Army Navy Drive
Arlington, VA 22202-4704
Col. Julio Barron
National Guard
2400 Wright Street
Madison, WI 53704
0
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DELETED PAGE INFORMATION SHEET
REQUEST NO: ôt
THE FOLLOWING_PAGE(S) WERE WITHHELD
BY THE CRIMINAL DIVISION FROM
DOCUMENT PURSUANT TO FOIA
EXEMPTION(S) :
Lb) C)
ADDITIONAL COMMENTS:
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Page 1 of 3
McHenry, Teresa
From: Weinstein, Jason
Sent: Thursday, October 29, 2009 5:50 PM
To: McGovern, Robert; McHenry, Teresa; Jaffe, DavidCc: Reman, Mythili; Fagell, Steven
,
Subject J
Thanksl
From: MWovern, Robert
Sent: Thursday, October 29, 2009 4:40 PM
To: Weinstein Jason; McHenry, Teresa; Jaffe, David
Subject:RE :L
1 O’4
Sorry, Ijust returned from the FBI lab at Quantico. Tomorrow at 1pm is good for me too if that is still a go.
From: Weinstein, Jason
Sent: Thursday, October 29, 2009 11:24 AM
To: McHenry,Jeresa; Jaffe, David; McGovern, Robert
Subject: FW : jii) 34
DSS folks?
From: Weinstein, Jason
Sent: Thursday, October 29, 2009 11:24 AM ( V
To : Ruemmler, Kathryn (ODAG) (SMO)
Cc : Monaco, Lisa (ODAG); Reman, Mythili; Fagell, Steven /
Subject: REL ZI 5LULet me check with the DSS folks.
L10/30/2009
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Page 2 of3
JFrom: Weinstein, Jason (CRM)
Sent: Thursday, October 29, 2009 11:19 AM
To: Ruemmier, Kathryn (ODAG)Cc: Monaco, Lisa (ODAG); Raman, Mythili (CRM); Fagell, Steven (CRM)
Subject: RE:L1’ 0
*
7
[a
I
/
j10/30/2009
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Page 3 of 3
F fK( h A j’ 7
10/30/2009
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Corrections in Harper’s story Page 1 of3
McHenry, Teresa
From: Jaffe, David
L) jq
‘
(1 Sent: Monday, January 18, 2010 4:21 PMTo: McHen, Teresa; McGovern, Robed; Weinstein, Jason
1< Subject: Re: Corrections in Harper’s story
A
1. In Section 1 of the article, the writer claims that the NCIS report “did not explain where they [the prisonerj were
able to acquire so much fabric beyond their tightly controlled allotment or why the Navy guards would allow such
an obvious and mediately observable deviation from permitted behavior.f
L2. In Section 2,r
4. In Section 3, there are several claims concerning the view that one would have at various towers.E
5. In the second to last paragraph of this section, there is a claim that “a distraught medical corpsman sLd ‘they
had dided because they had rags stuffed down their throats, and that one of them was severly bruised.f
6. For Section
(D
7. For Section 9, the author relates thatE 1bout “Camp No.’
8. Also for this section, the author claims that at the initial interview furnished McHenry
with the promised list of corrobrating witnesses and details on how they could be contacte9Z
9. Last uaraaraDh of Section
J ‘IL
)i9a)
7(j
5
0
9)‘i
From: McHenry, Teresa
To: Jaffe, David; McGovern, Robert; Weinstein, Jason
1/19/2010
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Corrections in Harper’s story Page 2 of 3
Sent: Mon Jan 18 15:12:23 2010
Su bject: Fw: Corrections In Ha rper’s story
Fyi
From: McHenry, Teresa
To: Sweeney, Laura (SMO); FageI I, Steven
Sent: Mon Jan 18 15:1 1:36 2010
Su bjec t: Re: Corrections In Harpe r’s story
Yes-you are accurate in your statements.
And it wid be accurate to say doj attys and fbi agents.
Thks
T
(2(
•Ui’ .
I/
1/19/20 10
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Corrections in Harpers story Page 3 of 3
UQ (
1/19/20 10
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Page 1 of2
MeHenry, Te resa -Ii C’ / I
From: McHenry, Teresa (CRM)
To: Whitman, James (CIV)
Sent: Sat ian 23 11:14:08 201 0
Subject: RE: Al-Zahran i v. Rumsfeld, No. 09-28 (DDC)
Greetings, C—j
You can just_giv e me a call at your convenience, or we can set up a speciFic time (11:00 am on Monday?) and we
can discuss[ jJust let me know .
Teresa 616-8385
vJ I ‘
0
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