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U.S.

Department of Justice (L T Criminal Division

Office of Enforcement Operations

Washington, D.C. 20530

CRM-20 1 000402F Ms. Anne L. Weismann Chief Counsel Citizen for Responsibility and Ethics in Washington 1400 Eye Street, NW, Suite 450 Washington, DC 20005 Dear Ms. Weismann: This is our second interim response to your Freedom of Information Act request of May 27, 2010, for access to records dating from January 23, 2009 to the present concerning Department of Justices (DOJ) investigation of Staff Sergeant (SSG) Joe Hickmans allegations regarding the events occurring at the Guantanamo Bay Detention Facility (Guantanamo) on the night of June 9, 2006 and the investigation of those events by the military officials. Specifically, CREW seeks the following: 1. All records that relate to or reflect the final conclusions of the DOJ Criminal Divisions Domestic Security Sections investigation of SSG Hickmans allegations. 2. All records that DOJ officials consulted, drew on, or relied on in order to reach those conclusions. 3. All records that relate to or reflect any and all interviews, depositions, conversations, discussions, meetings, or other communications, whether in person, by phone, mail, instant message, email, or any other method, between the Criminal Divisions Domestic Security Sections investigators or DOJ officials, including but not limited to Rita Glavin, Steven Fagell, and Teresa Mc Henry, and any of the following people... as listed specifically (i) thru (xii) in your request. We located twenty-four (24) documents, totaling 101 pages, within the scope of your request. We have processed your request under the Freedom of Information Act and will make all records available to you whose release is either required by that statute, or considered appropriate as a matter of discretion. In light of our review, we are releasing 20 pages in part, and withholding 59 pages in full. We are withholding the pages and portions of pages that are indicated pursuant to one or more of the following FOIA exemptions set forth in 5 U.S.C. 552(b):

SEP 12 2011

(5)

which permits the withholding of inter-agency or intra-agency memorandums or letters which reflect the predecisional, deliberative processes (DP) of the Department, andlor which consist of attorney work product (AWP) prepared in anticipation of litigation; which permits the withholding of personnel and medical files and similar files the disclosure of which would constitute a clearly unwarranted invasion of personal privacy; and which permits the withholding of records or information compiled for law enforcement purposes, but only to the extent that the production of such law enforcement records or information. (C) could reasonably be expected to constitute an unwarranted invasion of personal privacy and would disclose techniques and procedures for law enforcement investigations or prosecutions, or would disclose guidelines for law enforcement investigations or prosecutions if such disclosure could reasonably be expected to risk circumvention of the law.

(6)

(7)

(E)

Approximately 38 pages were determined to have originated with the Department of the Navy, the Federal Bureau of Investigation, the Civil Division, the Office of the Public Affairs, the Office of Legislative Affairs, the Attorney General and the Deputy Attorney General Office of the Department of Justice. Under the FOIA, the agency that created the record is responsible for its processing. Therefore, we have referred these pages to the Department of the Navy, the Federal Bureau of Investigation, the Civil Division, the Office of the Public Affairs, the Office of Legislative Affairs, the Attorney General and the Deputy Attorney General Office of the Department of Justice for processing and direct response. For your follow up purposes, the contact information for the Department of the Navy, the Federal Bureau of Investigation, the Civil Division, and the Office of Information Policy (which processes records for the Office of the Public Affairs, the Office of Legislative Affairs, the Attorney General and the Deputy Attorney General Office of the Department of Justice) are as follows: 2

Harry Craney Chief of Naval Operations (DNS-36) 2000 Navy Pentagon Washington, DC 20350-2000

David M Hardy, Chief Records Management Division Federal Bureau of Investigation Department of Justice 170 Marcel Drive Winchester, VA 22602-4843 James M. Kovakas Freedom of Information/Privacy Act Officer Civil Division Department of Justice Room 7304, 20 Massachusetts Aye, N.W. Washington, DC 20530-0001

Carmen L. Mallon Chief of Staff Office of Information Policy Department of Justice Suite 11050 1425 New York Avenue, N.W. Washington, DC 20530

We are continuing to review and search for responsive records and will advise you further when all responsive records have been received and reviewed. You have a right to an administrative appeal of this partial denial of your request. Your appeal should be addressed to: The Office of Information Policy, United States Department of Justice, 1425 New York Ave., NW, Suite 11050, Washington, DC 20530-0001. Both the envelope and the letter should be clearly marked with the legend FOIA Appeal. Department regulations provide that such appeals must be received by the Office of Information Policy within sixty days of the date of this letter. 28 C.F.R. 16.9. If you exercise this right and your appeal is denied, you also have the right to seek judicial review of this action in the federal judicial district (1) in which you reside, (2) in which you have your principal place of business, (3) in which the records denied are located, or (4) for the District of Columbia. If you elect to file an appeal, please include, in your letter to the Office of Information Policy, the Criminal Division file number that appears above your name in this letter. Sincerely,

Rena Y. Kim, Chief Freedom of Information/Privacy Act Unit Office of Enforcement Operations Criminal Division