t5 b61 vip fdr- 11-9-01 ashcroft-wainstein memos re interview project 226

8/14/2019 T5 B61 VIP Fdr- 11-9-01 Ashcroft-Wainstein Memos Re Interview Project 226

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U.S. Department ofJusticeExecutive O f f i c e far United States AttorneysO f f i c e of the Director

Main Justice Building. Room 2244A9JO Pennsylvania Avenue. N. W .W ashington. D.C 20530

(202) 114-2121

DATE: November 9, 2001

MEMORANDUM FOR ALLUNITED STATES ATTORNEYSALL ANTI-TERRORISM COORDINATORS

FROM: KenWainsteinDirector

SUBJECT: Attorney General's Directive and the Deputy Attorney General's GuidanceRelating oInterviews Regarding International Terrorism _

Please find attached a directive from the Attorney General and a guidance memorandumfrom the Deputy Attorney General. T%y$topwy General's directive instructs you to coordiaalfej

i nd federal mernbcaflDhrfJlti^Terrorism TaskFprceryill benumber ofpeople as to their knowledge of terrorist clemcftls. The

guidance memorandum provides clear guidance as to how these interviews are to be conducted,the questions to be asked, and the procedures and deadlines for the implementation of the project.

The list of persons to be interviewed has been separated into fifty lists, one for each state.We will be sending you the list ofpersons whose current address information places them inyourstate, and we will ask you and the other United States Attorneysin your state to separatethe listentries by district, according to their address information. Keep in mind that some states suchas Alaska ended up without any nameson the list, andthat some districts might find that noneof the people ontheir state list is in their district. While those districts will initially have nointerviews to coordinate, it is likely mat they will still participate in the project, possibly byassisting other districts looking for the interview subjectson their lists. Also, for those of youwho areheavily involved in the September 11th investigation or who have a particularly long listofnames such as Texas, Michigan, Florida and Illinois -- we will discuss the feasibility of the30-day deadline for conducting theinterviews.

We will have a conference call today 4:00 o'clock, Eastern Standard Time, to discuss thedetails of the project. Please read the attacheddocuments before the conference call. Also,please do not publicly discuss the project or release the attached documents or the list until afterthe conference call.

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MEMORANDUM FOR ALL UNITED STATES ATTORNEYSALL ANTI-TERRORISM COORDINATORS

SUBJECT: Attorney General's Directive and the Deputy Attorney General's GuidanceRelating to Interviews Regarding International Terrorism

I know that these documents and the lists will raise a number of questions, all of whichwe hope to answer in the conference call. If you have a concern that youwant to discussindividually, please feel free to call me at (202) 514-2121. Thank you in advance for yourparticipation andleadership in this effort.

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tte of % AttorneyWashington,B.&20530

November 9, 2001MEMORANDUM FOR ALL UNITED STATES ATTORNEYSALL MEMBERS OF THE ANTI-TERRORISM TASK FORCESFROM: THE ATTORNEY GENERAL

iSUBJECT: Interviews Regarding International Terrorism

Since September 11, 2001, the Department of Justice and our fellow law enforcement! agencies in the federal government have undertaken an intensive campaign against the forces ofi terrorism. This campaign involves not only a traditional criminal investigation into thei circumstances surrounding the September llth terrorist attacks, but also a sustained andI comprehensive effort to prevent terrorists from committing an y further attacks against ou r country.t In pursuit of these objectives, thousands of individuals have been interviewed an d hundreds havet been detained for various criminal violations.

Federal resources have their limits, however, and we are finding that there are many morepeople to be interviewed than there are federal agents to conduct the interviews. We have compileda list of individuals who have entered this countryon non-immigrant visas who may be helpful inour effort to investigate the attacks of September 11* and to prevent future terrorism. Th e list wasgenerated by taking a populationof individuals and applying to that population a set of genericparameters. None of the persons on this list has been interviewed to date. It is important that weinterview these individuals, as I believe that they arc willing and able to provide information thatcould assist our campaign against terrorism. Just as ourcitizensregularly volunteer information andtips that help us solve criminal cases and enforce the law, we expect that these visitors can contributesignificantly to our effort to protect the United States from further terrorism. I ask for yourassistance in conducting these interviews.

W e have designedaprocess for coordinating these interviews throughout the country. First,the individuals on the list will be grouped by their addresses into 94 separate lists, one for each ofthe federal districts. Those 94lists will then be distributed to theUnited States Attorneys, who will,in turn, coordinate the interviews with the members of the Anti-Terrorism Task Force in eachdistrict. The United States Attorneys will beresponsible for assigning the interviews, providingthewritten guidance attached to this directive, collecting the reports of the interviews, andcoordinatingany follow-up investigation that results from the interviews. The United States Attorneys willcoordinate these activities with the FBI Special Agents in Charge. Thetask force members will beresponsible for conducting the interviews in accordance with the guidance, drafting and submittinga written report of each interview, and participating in follow-up investigation, as appropriate.

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MEMORANDUM FOR ALL UNITED STATES ATTORNEYS Page 2AL L MEMB ERS OF THE ANTI-TERRORISM TASK FORCESSUB JECT: Interviews Reg ardin g International TerrorismI understand that it will be a complicated and time-consuming proj ect to interview all of theseindividuals, especially in those districts where a large numb er of the individ uals reside. I alsorecognize that locating many of these individuals will be a challenge and will often require districts

to coordinate with each other to find those individuals who cannot be located in the districtdesignated on the list. I will nonetheless instruct the United States Attorneys substantially tocomplete these interviews within 30 days.

This is an amb itious schedule, but one mandated by the urgency of the mission. It has beenclear since September 11th that further terrorist attacks against the United States are likely. Thatconcern was heightened by the commencement of military action against the forces of Osama binLaden and the Taliban in Afghanistan, and it was underscored by my October 29, 2001,announcement that the government had received credible inform ation of an impending terroristattack. Given the immediacy of this threat to our national security, it is absolutely imperative thatwe in law enforcement do everything in our power to prevent any such attack. These interviews area critical step in that effort, as they will provide information and leads that will help us identify andapprehend terrorists in our midst before they have an opportunity to cause mo re pain and sufferingto the Am erican people. These interview s must therefore be con ducted as soon as possible.

In asking for your assistance on this project, I want to be very clear about its objective. Theobjective is to collect any info rma tion that die individuals on this list may have regarding terroristelements in this country and abroad. These individuals were selected for interviews because theyfit the criteria of persons who might have know ledge of foreign-based terrorists, criteria that areshared by many of the persons - both American citizens and visitors to our country who haveprovided valuable information and assistance to law enforcement in our anti-terrorism efforts sinceSeptember 11*. These individuals w ere not selected in order to single out a particular ethnic orreligious group, or to suggest that one ethnic or religious group is more prone to terrorism thananother. I emphatically reject that proposition, and I want all to understand that there is no place forethnicor religious stereotyping in this plan, or inthis nation's campaign against terrorism. Nor werethese individuals selected because they aresuspected ofany criminal activity, and, absent any otherindication that they are criminals, they should not be treated as such. Instead, they should be treatedwith courtesy and respect, as potential witnesses and as sources of information.

Attached to this directive is a memorandum providing clear guidance about the objectivesand the procedures that will guide the implementation of this project. Please carefully read thisguidance and closely coordinate your actions with the United States Attorney and the other m embersof the Anti-Terrorism Task Force in your jurisd iction.I appreciate your willingness to join forces with us in this important endeavor. TheDepartment of Justice is proud to stand shoulder-to-shoulder with its state, local and federal lawenforcement partners in our country 's war against terrorism. I am confident that, working together,we can prevail over the forces of terrorism and restore a sense of peace and security to our country.

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( f f i c e of tlje Pepuf t i ^ttorntn (generalJDi i sh i i ig tun , JP.C. 20530

November 9, 2001MEMORANDUM FOR ALL UNITED STATES ATTORNEYSALL MEMBERS OF THE ANTI-TERRORISM TASK FORCESFROM: THE DEPUTY ATTORNEY GENERAISUBJECT: Guidelines for the Interviews Regarding International Terrorism

This memorandumprovides guidance tothose membersof the Anti-Terrorism Task Forceswho will participate in the interviewing project announced in the Attorney General's directive ofNovember 9,2001. This guidance discusses the manner of conducting the interviews, the topics tobe covered during the interviews, and the procedures to be followed incarrying out this project.

By sending this guidance, we do not suggest that our law enforcement partners needinstruction in the ways of interviewing and investigation. We recognize that you each have yourown particular approach to conducting interviews based on your understanding of your jurisdictionand constituents,and we will notpresume todictate the interviewing strategy tobeused inevery partof the country. Nor are we suggesting that any of our federal, state and local law enforcementpartners would engage in inappropriate interviewing techniques in the absence of this guidance.Rather, we simply wish to explain the areas of expected inquiry, and to ensure both that everybodyunderstands the information-gathering objective of this project and that the questioning during theinterviews aligns with that ob je c t ive .1. Manner of Conducting Interviews

Since th e persons to be interviewedare not suspected of involvement in criminal activity, th einterviews will be conducted on a consensual basis, and every interview subject ("individual") willbe free to decline to answer questions. In approaching the individual, you should announce yourname, title and law enforcement agency, clearly explain the purpose of the interview, and askpermission to speak with the individual. As these interviews will not be "custodial interrogations,"there is no need to seek a waiver of Miranda rights.

Unless the individual prefers to conduct the interview away from his home, workplace orneighborhood, you should ordinarily not ask him toaccompanyyou to the police stationor the fieldof f i c e . A number of these individuals may have dif f icul ty with th e English language and littleunderstanding of our criminal justice system, and we want them and the other members of theircommunities clearly tounderstand that they are notbeing taken into custody and that the interviewsare being pursued on a consensual basis.

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MEMORANDUM FOR ALL UNITED STATES ATTORNEYS Page 2AL L MEMBERS OF THE ANTI-TERRORISM TASK FORCESSubject: Guidelinesfor the Interviews Regarding International Terrorism

Yo u should feel free to use all appropriate means of encouraging an individual to cooperate,including reference to any reward money that is being offered for information about terrorists.However, yo u shouldbe careful about mentioning an individual's potential criminal exposure. Youshould raise the topic of the individual's possible prosecution only if you have both a solid factualbasis forconcluding that theindividualhas violateda criminal statute andclear authority to enforcethat statute. In the absence ofone or the other of these preconditions,you should avoid mentioningthe individual's potential criminal exposure.While the primary purpose of these interviews is not to ascertain the legality of the

individuals' immigration status, the federal responsibility to enforce the immigration laws, asexercised by the Immigration andNaturalization Service ("INS"), is an important one. Therefore,if yo u suspect that a particular individual may be in violationof the federal immigration laws, yo ushould call the INS representative on your Anti-Terrorism Task Force or the INS officials at theclosest Law Enforcement Support Center. Those officials will advise you whether the individualis in violation of the immigration laws and whether he should be detained.You should also be careful not to inquire into an individual's religious beliefs and practices.It is appropriateto ask whether the individual has witnessedor heard any persons advocating the use

of violence or terrorism. However, it is not appropriate to question or otherwise challenge thevalidity of religious beliefs or practices.You should keep in mind that a large number of these individuals will have a limitedcapability to communicate in the English language. While it might be possible to conduct adequate

interviews with such persons, through English-speaking companions or otherwise, there might besome whom youwould rather interview with an interpreter. You are free to utilize any interpretingservices that are availableto your agency. Th e United States Attorney should also inquire into theavailability in their districts of interpretersin the relevant languages.Finally, you should be aware that a numberof the individuals on the list mightbe attending

schools on student visas. Please make sure to follow all protocols regarding coordination withcampus security forceswhenever you seek to interviewindividuals who reside on college campuses.2. Topics to Cover During the Interview

You should feel free to ask theindividuals about any topic that would elicit information thatcould reasonably assist in the effort to learn about those who support, commit, or associate withpersons who commit terrorism. As a guideline for the questioning, we provide the following list ofsuggested topics for the interviews. The first few topics involve general information about theindividuals, and the remaining topics relate directly to our anti-terrorism effort.

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MEMORANDUM FOR ALL UNITED STATES ATTORNEYS Page 3ALL MEMBERS OF THE ANTI-TERRORISM TASK FORCES

Subject: Guidelines for the Interviews Regarding International Terrorism

a) IdentityThe identity of the individual should be ascertained by requesting his full name, his date and

place of birth, his citizenship and any other identifiers that can be provided. The individual shouldalso be asked about any other names that he has used, in this country or elsewhere. To the extentpossible, the individual's identity should be verified by reviewing any identification that theindividual is able and willing to provide. In light of the availability of false identificationdocumeats, you maywish to request more than one form of identification. You should specificallyask to see the individual's passport and visa, and you should take note whether he appears to beresiding in the United Stateswithin thetime period allowed by thevisa. If the individual producesa passport or other document that records past travel, you should make an effort to note where thedocumentation was issued and any information that itprovides about the individual's travel history.

b) Telephone NumbersYou should obtain all telephone numbers used by the individual and his family or close

; associates.

c) ResidenceYou should ask the individual wherehe isresidingandabout any other residences that he has

used sincehis arrival in this country. If he liveswith others, youshould inquire as to their identities.You should note any information that would assist in locating the individual in the future.

d) Employment and Sources of IncomeYou should inquire about the individual's current employmentand source(s) of income.e) EducationYou should inquire about the individual'seducational background, including whether hehas

any professional licenses or scientific expertise.f) Foreign Travel*You should ask the individual what foreign countrieshehas visited, the dates of those visits,

and the reasons he went to those countries. You should inquire specifically whether he or anybodyhe knows has ever visited Afghanistan.

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MEMORANDUM FOR ALL UNITED STATES ATTORNEYS Page 4ALL MEMBERS OF THE ANTI-TERRORISM TASK FORCESSubject: Guidelines for the Interviews Regarding International Terrorism

g) Armed ConflictsThe individual should be asked whether he or anybody else he knowshas ever participatedin an armed conflict. If he answers in the affirmative, you should probe for details of the role thathe or the other person or persons played in that conflict.h) Reason for the Individual's VisitThe individual should be asked about his reasons for visiting the United States. If the

individual ishere to attend school, you should learn whatyou can abouthisstudies and future plans.If the individual is here as atourist,you should inquire as to the cities, landmarks and other sites thathe has visited or plans to visit. You should ask when the individual plans to leave the United Statesand where he plans to go. You should also ask the purpose of any trips the individual has madeoutside of the United States since his entry.

i) Threats or Violence Directed at the IndividualYou should inquire whether the individual has suffered any violence or threats because of

his religion or nationality. If the individual claims to have been the victim of such a crime, youshould obtain all relevant information and take any appropriate action to investigate the allegation.

j) Knowledge Regarding the Events of September 11, 2001You should ask the individual whether he knows, or is aware of anyone whoknows, anythingabout the September 11th attacks or the perpetrators.k) Reaction to TerrorismYou should ask the individual if he noticed anybody who reacted in a surprising or

inappropriate way to the news of the September 11th attacks. You should also ask him how he feltwhen he heard the news.

1) Involvement in TerrorismYou should inquire whether the individual knows anybody who has had involvement in

advocating, planning, supporting or committing terrorist activities, and whether hehas ever had anypersonal involvement in such activities.

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MEMORANDUM FOR ALL UNITED STATES ATTORNEYS Page 5ALL MEMBERS OF THE ANTI-TERRORISM TASK FORCESSubject: Guidelines for the Interviews Regard ing International Terrorism

m) Knowledge of TerrorismThe individual should be asked whether he knows anyone who is capable of or willing tocarry out acts of terrorism; whether he is aware of any plans or discussions about the commissionof terrorist acts in the future; and whether he has any ideas about how future acts of terrorism couldbe prevented. You should also ask him if he recognizes the names of any suspects or targets whohave been the subject of investigations in your jurisdiction.n) Financing of TerrorismThe individual should be asked whether he is aware of anyone raising money for terrorist

activity, and whether he or anyone else has contributed to an entity which the individual knows orsuspects to be a front for funding terrorism. You should ask if the individual is aware of anyoneengaged in systematic criminal activity to raise money, like drug trafficking or fraud schemes.o) Training of TerroristsThe individual should be asked if he is aware of anybody, including himself, who hasreceived any training which could be applicable to terrorist activities, wh ether it be training atterrorist camps, flight lessons or other training program s in the United States or abroad.p) Sympathy for TerroristsYou should ask whether the individual is aware of any persons who have sympathy for theSeptember 11th hijackers or other terrorists, or for the causes those terrorists espouse. You shouldalso ask the individual whether he shares those sympathies to any degree.q) Advocates of ViolenceYou should inquire whether the individualhas heard of anyone recruiting persons to engage

in violent acts against the United States or its citizens. You should ask the individual if he hasknowledge of anyone who is advocating "jihad" or urging others to overthrow the government orto attack Americans, either under the guise of religion or otherwise.

r) Knowledge of WeaponsThe individual should be asked whether he or anybody he knows has access to guns or to anyexplosives or harmful chemical compounds, or has any training or experience in the developmentor use of such weapons. You should also ask if he knows of anyone who is capable of developingany biological or chemical weapon such as anthrax. =

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MEMORANDUM FOR ALL UNITED STATES ATTORNEYS Page6r ALL MEMBERS OF THE ANTI-TERRORISM TASK FORCES

Subject: Guidelines forthe Interviews Regarding International Terrorism

s) Sources of False DocumentsThe individual should be asked if he is aware of anyone who possesses or is involved in

selling or supplying others with false identification documents, such asdriver'spermits, visas, socialsecurity cards and credit cards.

t) Knowledge of Terrorists OverseasYou should ask whether the individual is aware of any persons orgroups in his homelandwho might beplanning oradvocating terrorist acts against the United States, andwhetherheknowsanyone in his homeland who could help the United States in its fight against terrorism.u) Other Suspicious ActivityThe individual should be asked if he is aware of any other suspicious activity in his

neighborhood, community, or circle of acquaintances that might suggest the undertaking or supportof terrorist activities.v) Others with InformationYou should ask the individual if he is aware of any other persons who might have

information about the above topics.w) Knowledge of Any Criminal ActivityYou should rememberto ask the catch-all question whetherthe individual is aware of any

criminal activity whatsoever, whether related to terrorism or not.x) Willingness to Provide Informationin the FutureYou should explain that the United States needs everyone's help to prevent future terrorism,and you should encourage the individual to contact you if he sees orhears anything suspicious, or

if he comes across anyone who has information that wouldbe relevant and useful. You might wantto inquire whetheryou can contact the individual periodically in the future to see if he has obtainedany more information. In other words, if the individual is positioned and willing to provide usefulinformation, you should attempt to develophim as a source in the same way that you would recruitany source related to more traditional criminal activity.

-pen : ^Hris iv

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MEMORANDUM FOR ALL UNITED STATES ATTORNEYS Page 7ALL MEMBERS OFTHE ANTI-TERRORISM TASK FORCES

Subject: Guidelines for the Interviews Regarding International Terrorism

3. Implementation Procedures and DeadlinesThis project is to be implemented by taking the following steps within the designated

deadlines:a) The Executive Office for United States Attorneys will distribute the lists and this

guidance to each United States Attorney on November9,2001.b) The United States Attorneys and the Director of the Executive Office fo r United

States Attorneys will hold a conference call to discuss this project on November 9,2001.

c) Each United States Attorney will convene a meeting of the Anti-Terrorism TaskForce on or before November 21,2001. At that meeting, the United States Attorneywill (I) distribute the Attorney General's directive and this guidance to the membersof the Task Force; (2) ensure that all members understand the objectives of theproject andevery aspect of this guidance; (3)discuss the logistics ofconducting theseinterviews; (4)describe themethods ofreport writingandsubmission;(5) explain theresponsibilitiesof the interviewers and the deadlines under which they must operate;and (6) answer any and all questions about the project,

d) The agents and officers will locate the individualsandconduct the interviews on orbefore December 21,2001.e) Interviewing agents and officers will confer withtheUnited States Attorney1s Anti-

Terrorism Coordinator and representatives of the Joint Terrorism Task Force, if oneexists in that district, immediately after an interview if they believe that theindividual warrants - or the individual's information should prompt furtherinvestigation.

f) Reports of the interviews will be completed and submitted electronically to theUnited States Attorney's Anti-Terrorism Coordinator within three days of eachinterview. You will electronically receive a standard form that should be used inreporting on each of the interviews. By using a standard form, we ensure that allrelevant information can be collected andentered into adatabase in amanner thatcanbe easily accessed and searched.

g) The United States Attorney's Anti-Terrorism Coordinator will have the submittedreports entered into a database that will be established for this project. Furtherguidance about thedatabase will be forthcoming. \5


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MEMORAND UM FOR ALL UNITED STATES ATTORNEYS Page 8ALL MEMBERS OF THE ANTI-TERRORISM TASK FORCESSubject: Guidelines for the Interviews Reg arding International Terrorism

h) Every Monday morning, the United States Attorney will submit to the ExecutiveOffice for United States Attorneys an update on the proj ect with a tally of the numberof individuals interviewed and a very brief explanation of any leads or follow-upinvestigation generated by those interviews.

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