LETTER TO CHRISTOPHER WRAY FROM JOHN E. MCLAUGHLIN RE QUESTION OR CONCERN ABOUT WHAT ACTION THE CIA WOULD TAKE IF DIJ CLOSES ITS CRIMINAL INVESTIGATION OF ANY AGENCY EMPLOYEE INVOLVED IN PERU AIR INTERDICTION INVESTIGATION

Document Type: 
Collection: 
Document Number (FOIA) /ESDN (CREST): 
0005620581
Release Decision: 
RIPPUB
Original Classification: 
U
Document Page Count: 
3
Document Creation Date: 
June 24, 2015
Document Release Date: 
April 28, 2011
Sequence Number: 
Case Number: 
F-2011-00488
Publication Date: 
October 18, 2004
File: 
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PDF icon DOC_0005620581.pdf104.33 KB
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:.i., . (b) (1) (b) (3) (b) (5) Central Intelligence Agency Office of General Counsel Washington, D. C. 20505 Date: 10/18/04 To: Chris Wray Organization: Department of Justice Phone: 202/514-7200 Fax: 202/514-9207 From: Organization: Phone: Fax: Office of General Counsel Number of Pages (Including Cover) 3 APPROVED FOR RELEASE - CIA INFO^ DATE: 04-04-2011 THE DEPUTY DIRECTOR OF CENTRAL INTELLIGENCE WASHINGTON, D.C. 20505 18 October 2004 The Honorable Christopher Wray Assistant Attorney General Criminal Division Department of Justice Washington, D.C. 20530 Dear Mr. Wray: L_] I understand that there may be some question or concern about what action the Central intelligence Agency(CIA) would take in the event that the Department of Justice (DOJ) closes its criminal investigation of any Agency employee involved in the Peru air interdiction investigation. Quite simply, regardless of what decision Justice Department may reach in a given case, there will be serious consequences for any CIA employee determined to have lied or made knowingly misleading statements, whether those statements were to Congress, DOJ', the NSC or Office of inspector General (GIG) investigators, or.by an employee to his or her superiors. If the facts demonstrate such irntetntional deception, this Agency will take significant disciplinary action to reinforce our "zero tolerance" policy for such conduct by Agency personnel. indeed, in investigations over the past ten years, the Agency has convened a number of accountability boards to make factual findings and issue recommendations for administrative penalties to personnel found to have engaged in this type of misconduct. The Honorable Christopher Wray As the above and other cases in recent years demonstrate, the Agency is not reluctant to impose substantial administrative sanctions when officers have misled intentionally or concealed critical information.from Agency management, the Congress, the NSC, or outside investigators. With respect to the Peru investigation, regardless of what action DOJ ultimately decides to take with respect to its investigations, CIA's Executive Director will be directed at the appropriate time to convene an accountability board composed`of experienced individuals from within or outside the Agency, but which will in any case include people not serving in the Directorate of Operations. As provided for in Agency internal regulations, employees will have an opportunity to respond to any charges or findings made by our 01G. Once the board has reviewed the facts and made its determinations, it will then make recommendations to the DCI or the DDCI with respect to individual accountability. The DCI or the DDCI will make the final decision on each recommendation and report such determinations to our oversight conunittees. I appreciate the opportunity the Department has afforded the Ageilcy to express our views on this subject. if you have any questions or require any additional information, please do not hesitate to contact me or Acting General Counsel John Rizzo. Sincerely, John E. McLaughlin. ~~/ty Director of Central intelligence