F-2013-02617 INITIAL REQUEST

• Document Type: FOIA
• Collection: FOIA Collection
• Document Number (FOIA) /ESDN (CREST): 06109680
• Release Decision: RIPPUB
• Original Classification: U
• Document Page Count: 10
• Document Creation Date: July 13, 2023
• Document Release Date: December 9, 2022
• Case Number: F-2017-01914
• Publication Date: September 10, 2013

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NATIONAL SECURITY
PROJ ECT
AMERICAN CIVIL LIBERTIES
UNt0N FOUNDATION
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OFFICERS AND DIRECTORS
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ERICA
June 28, 2013
Information and Privacy Coordinator
Central Intelligence Agency
Washington, D.C. 20505
Far 703.613.3007
Sent by Fax
Re: Request Under Freedom of Information Act /
Expeditcd Processing Requested
To Whom it May Concern:
This letter constitutes a request ("Request") pursuant to the
Freedom of Information Act ("FOIA''), 5 U.S.C. � 552 et seq., and the
Central Intelligence Agency's implementing regulations, see 32 C.F.R.
� 1900. The Request is submitted by the American Civil Liberties Union
and the American Civil Liberties Union Foundation (together, the
"ACLU" or the "Requesters")'
Requesters seek the disclosure of the Central Intelligence Agency's
report (the -CIA Report") responding to the Senate Select Committee on
Intelligence's report on the CIA's post-9/11 program of rendition,
detention, and interrogation (the "SSC' Report").
* *
The Senate Select Committee on Intelligence ("SSCI") yoted on
Thursday, December 13, 2012, to approve a report detailing the findings
of its three-year investigation of the CIA's rendition, detention, and
interrogation program in the years after September II, 2001. According to
the SSCI chairperson, the SSC1 Report�which totals nearly 6,000
' The American Civil Liberties Union is a non-profit, 26 U.S.C. � 501(c)(4)
membership organization that educates the public about the civil liberties. implications of
pending and proposed state and federal legislation, provides analysis of pending and
proposed legislation, directly lobbies legislators, and mobilizes its members to lobby their
legislators. The American Civil Liberties Union Foundation is a separate 2d U.S.C.
501(0(3) organization that provides legal representation free of charge to individuals
and organizations in civil rights and civil liberties cases, educates the public about civil
rights and civil liberties issues across the &tunny, provides analyses of pending and
proposed legislation, directly lobbies legislators, and mobilizes the American Civil
Liberties Union's members to lobby their legislators.
1
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AMFRICAN CIYIL LICERTIFS
UNICIN FOUNDATION
pages�is "the most definitive review" to be conducted of the CIA's
program, including the Agency's use of so-called "enhanced interrogation
techniques." See, e.g., Scott Shane, Senate Panel Approves Findings
Critical of Detainee Interrogations, N.Y. Times, Dee. 13, 2012,
http://nytimsNwciORk; Carrie Johnson, Report On CIA Interrogation
Tactics Revives Torture Debate, NPR, Dec. 13, 2012,
http://n.pr/VDKWm0; Mark Hosenball, Senators Iv Vote on Probe of CIA
Interrogation Program, Reuters, Dec. 6, 2012, http://reutt-s/RbuL3T,
Benjamin Wines, Senate Intelligence Committee Interrogation Report
Approved�But Nor Released, Lawfare, Dec, 14, 2012,
http://bitly/Vw1tvvi; Natasha Lennard, Senate-Approved CIA Torture
Report Kept Under Wraps, Salon, Dec. 14,2012, http://bitly/SWIlsgh;.
In the course of its investigation, which began in 2009, the SSCI
reviewed millions of pages of records documenting the day-to-day
operations of the CIA's interrogation program. The Commission's intent
was to produce "a detailed, factual description of how interrogation
techniques were used, the conditions under which detainees were held, and
the intelligence that was�or wasn't�gained from the program." Joint
Statement from Senator Dianne Feinstein, Chairman, Senate Intelligence
Committee, and Senator Carl Levin, Chairman, Senate Armed Services
Committee, Apr. 27, 2012, http://1.usa.gov/IKjkq0. After voting to
approve the SSCI Report, Senator Diane Feinstein stated, "The report
uncovers startling details about the CIA detention and interrogation
program and raises critical questions about intelligence operations and
oversight.,. The creation of long-term, clandestine `black sites' and the
use of so-called 'enhanced interrogation techniques' were terrible
mistakes." Feinstein Statement on CIA Detention, interrogation Report,
Senator Feinstein Press Release, Dec. 13, 201.2,
http://1.usa.gov/SXEWHH.
On June 26, 2013, media reports indicated that the CIA completed a
report calling into question the SSCI's investigative methods and widely
reported findings. News accounts also state that John Brennan, Director of
the CIA, will deliver the agency's report to the SSC1 on June 27, 2013. The
CIA Report has been described as the agency's most thorough and critical
defense of its post-9/11 interrogation and detention programs to date. See
also Jordy Yager, CIA Rebuff): Congress on 'Torture Findings, The Hill,
June 27, 2013, http://bitly/14ZPGe8; Greg Miller and Julie Tate, CIA
Report Relates Senate Panel's Criticism of Agency's Harsh Interrogation
Methods, Wash. Post, June 27, 2013, http://wapast/17Dtquw. It apparently
"disputes [the SSCI's] central conclusion that harsh methods used against
al-Queda detainees failed to produce significant results," Greg Miller and
Julie Tate, CM Report Refutes Senate Panel's Criticism of Agency's Harsh
Interrogation Methods, Wash, Post, June 27, 2013, http://wapost/17Diquw.
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AMERICAN (-Mt USER I IC:
UNION FUUNDATION
The CIA Report is of clear and enormous public importance. The
American public has a right to know the full truth about the torture and
other abusive treatment of detainees authorized by officials at the highest
levels of our government. A fair public debate of these issues must be
informed by both the Senate's comprehensive report (which the ACLU
has separately requested through FOIA) and the CIA's response to that
investigation. As Senator Mark Udall has said, "I am confident the
American people will agree once they have the opportunity to read the
[SSCI Report], as well as the CIA's official response, that this program
was a failure and a tragic moment in America's history." Udall Decries
Leak Concerning CIA's Response to the Senate Intelligence Committee's
Study on Detention, Interrogation Program, Senator Udall Statement, June
27, 2013, littp://1.usa.gov/lOnS4eX. Release ofthe CIA Report is
therefore critical to ensure timely public access to the intelligence
agency's assessment ol' its interrogation and detention practices after 9/1 I.
This significant information will contribute to both the historical record on
the United States' intelligence practices and current and future public
discussion about CIA rendition, detention and interrogation programs.
I. Record Requested
Requesters seek disclosure of the CIA's recently adopted report in
response to the SSCi Report on the CIA's rendition, detention, and
interrogation program in the years following 9/11.
With respect to the form of production, see 5 U.S.C.
� 552(a)(3)(13), we request that the CIA Report be provided electronically
in a text-searchable, static-image format (PDF), in the best image quality
in the agency's possession.
II. Application for Expedited Processing
We request expedited processing pursuant to 5 U.S.C.
� 552(a)(6)(E) and 32 C.F.R. � [900.34(c). There is a "compelling need"
for these records, as defined in the statute and regulations, because the
information requested is urgently needed by an organization primarily
engaged in disseminating information in order to inform the public about
actual or alleged government activity. 5 U.S.C, � 552(a)(6)(E)(v); see also
32 C.F.R. � 1900.34(c)(2). In addition, the records sought relate to a
"breaking news story of general public interest." 32 C.F.R.
� 1900.34(c)(2) (providing for expedited processing when "the
information is relevant to a subject of public urgency concerning an actual
or alleged Federal government activity"),
A. The ACLU is an organization primarily engaged in
disseminating information in order to inform the public
about actual or alleged government activity
3
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AMCRICAN CIVII IRERIJ45
UNION rilUNDA11(14
The ACLU is "primarily engaged in disseminating information"
within the meaning of the statute and relevant regulations, 5 U.S.C.
� 552(a)(6)(E)(v)(1e; 32 C.F.R. � 1900.34(c)(2); see also ACLU v. Dept
ofJustice, 321 F. Sum), 2d 24, 30 n.S (D.D.C. 2004) (finding that a non-
profit, public-interest group that "gathers information of potential interest
to a segment of the public, uses its editorial skills to turn the raw material
into a distinct work, and distributes that work to an audience" is "primarily
engaged in disseminating information" (internal citation omitted)); see
also Leadership Conference on Civil Rights v. Gonzales, 404 F. Supp. 2ci
246, 260 (D.D.C. 2005) (finding Leadership Conference�whose mission
is "to serve as the site of record for relevant and up-to-the-minute civil
rights news and information" and to "disseminate{] information regarding
civil rights and voting rights to educate the public [and] promote effective
civil rights laws"�to be "primarily engaged in the dissemination of
information"),
Dissemination of information about actual or alleged government
activity is a critical and substantial component of the ACLU's mission and
work. The ACLU disseminates this information to educate the public and
promote the protection of civil liberties. The ACLU's regular means of
disseminating and editorializing information obtained through FOlA
requests include: a paper newsletter distributed to approximately 450,000
people: a bi-weekly electronic newsletter distributed to approximately
300,000 subscribers; published reports, books, pamphlets, and fact sheets;
a widely read Wog; heavily visited wcbsites, including an accountability
microsite, hup://www.aclu.org/accountability, and a video series.
The ACLU also regularly issues press releases to call attention to
documents obtained through FOlA requests, as well as other breaking
news,z ACLU attorneys arc interviewed frequently for news stories about
See, e.g., Release, American Civil Liberties Union, Documents Show FBI Monitored
Bay Area Occupy Movement, Sept. 14, 2012, hrcp://www.aclu.org/noder.36742; Press
Release, American Civil Liberties Union, FOIA Documents Show FRI Using "Mosque
Outreach" for Intelligence Gathering, Mar. 27, 2012, http://www.aclu,orginationah
security/foia-documents-show-fbi-using-mesquerotareach-intelligence-gathering; Press
Release, American Civil Liberties Union, FOIA Documents Show FBI Illegally
Co//erring Intelligence Under Guise of "Community Outreach," Dec. 1, 2011,
http://www.ac lu.orgthational-sceuritydoia-documents-show4bisillegally4collecting-
intelligence-under-guise-community; Press Release, American Civil Liberties: Union,
FOIA Documents from FBI Show Unconstitutional Racial Profiling, Oct. 20, 2011,
http://vnvw.aclii.org/national-security/foia-doeuments-tbiishow4inconsti tutional-racial-
profiling; Press Release, American Civil Liberties union, Documents Obtained by ACLU
Show Sexual Abuse of Immigration Detainees is Widespread National Problem, Oct, 19,
2011, littp://wwwoclu.orgAnunigrants-rightsiprisoners-rights-prisoners-
rights/documents-obtained-aclu-show-sexual-abusc, Press Release, American Civil
Liberties Union, New Evidence of Abuse at Bagram Underscores Need for Full
Disclosure About Prison, Says ACLU, June 24, 2009, htlp://www.aclu.org/nutios-
4
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AMLRICAN CIVU I IRENTItS
UNION FOLINDAIWN
documents released through ACLU FOIA requests?
The ACLU website specifically includes features on information
about actual or alleged government activity obtained through FOIA! For
example, the ACLU maintains an online -Torture Database," a
compilation of over 100,000 FOIA documents that allows researchers and
die public to conduct sophisticated searches of FOIA documents relating
to government policies on rendition, detention, and interrogation! The
ACLU also maintains a "Torture FOR" webpage containing commentary
about the ACLU's FOIA request, press releases, and analysis of the FOIA
documents.' (That webpage also notes that the ACLU, in collaboration
with Columbia University Press, has published a book about the
documents obtained through FOR. See Jame& Jailer & Amrit Singh,
Administration of Torture: A Documentary Record from Washington to
Abu Cihraib and Beyond (Columbia Univ. Press 2007)). Similarly, the
ACLU's webpage about the Office of Legal Counsel ("OLC") torture
memos obtained through FOIA contains commentary and analysis of the
memos; an original, comprehensive chart summarizing the memos; links
to web features created by ProPubliea (an independent, non-profit,
investigative-journalism organization) based on the ACLU's information
gathering, research, and analysis: and ACLU videos about the memos: In
addition to websites, the ACLU has produced an in-depth television series
on civil liberties, which has included analysis and explanation of
inlbrmation the ACLU has obtained through FOR.
securityinew-ev buse-bagram-underscores-need-full-disclosure-about-prison-
says-aclu.
3 See, e.g., Carrie Johnson, Ochry in Releasing CIA Report Is Sought; Justice Dep't
Wants More Time w Review IC's Findings on Detainee Theatment, Wash. Post, June 20,
2009 (quoting ACLU staff artomey Arndt Singh); Peter Finn et Julie Tate, CIA Mistaken
on 'High-Value' Detainee: Document Shows, Wash. Post, June 16, 2009 (quoting ACLU
staff attorney Ben Wizner); Scott Shane, Lawsuits Force Disclosures by CL{,
Times, June 10, 2009 (quoting ACLU National Security Project director JameeljalTer);
Joby Warrick, lake FBI; CIA Has Used Secret 'Letters, Wash. Post, Jan. 25, 2008
(quoting ACLU staff anomey Melissa Goodman).
4 S'ee, ag hup://www.aclu.urginationaLsecurity/predator-drone-foia;
httry.//www.ac-Itorg/national-sceurity/anwar-al-mlaki-lbia-request;
hilp://www,acill.Orgitorturefoia; hup://www.achLorgiolememos;
hup://www.aelthorg/mappingthefbi; hup:fiwww.aclu,orginational-security/bagram-foia;
littp://www.aelu.orgisalefree/torrureesrtfoia.htual;
Imp ac orginaisecifoia/sezuch
hup://www.aclu.orgisafefreeinsaspying,/30022res200602071am1;
Imp://www.aclu.org/patrioffoia; http://www.aclumrgispyfiles;
hrrp.11www.aclu.orgisafefreeinationalsecurityletter.02140res200710.11.hunl; and
hap://www.aciu.orWexclusion.
s http://www_turturedarabase.org-
http://www.aclu_urg/totturefoia.
7 hitpliwww.ael u.orWsafefreeige neral/ole_mentos. him].
5
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AMCRICAN CIVIL I IFIFFIT,Eo
UNION RAND/L(10N
The ACLU plans to analyze and disseminate to the public the
information gathered through this Request. The record requested is not
sought for commercial use, and the Requesters plan to disseminate the
information disclosed as a result of this Request to the public at no cost.5
B. The record sought is urgently needed to inform the public
about actual or alleged government aCtivity.
The CIA Report is urgently needed to inform the public about
actual or alleged government activity; moreover, this document relates to a
breaking news story of general public interest, specifically, the CIA's
rendition, detention and interrogation program and its authorization of
abusive techniques between 2002 and 2009. See 32 C.F.R.
� 1900.34(0(2).
We make this Request to fitrther the public's understanding of the
CIA's program and the role of senior officials in conceiving or and
authorizing the use of abusive interrogation techniques in the wake of
September 11,2001. The public has and continues LO manifest an abiding
interest in the conduct of the CIA and other executive agencies with
respect to individuals seized, detained, and interrogated for
counterterrorism purposes. While U.S. intelligence officials have
acknowledged that the CIA used harsh and coercive interrogation
techniques, Congress's SSCI Report investigation set forth the most
comprehensive account to date of what happened and why. Thus, release
of the CIA's Report in response to the SSCI's findings is imperative for
establishing a full and accurate analysis of the intelligence agency's
practices.
The contents of the CIA Report will inform urgent and ongoing
debate about the agency's interrogation program. Release of the CIA's
analysis of SSCI findings will enhance public discourse by providing the
intelligence community's perspective on, "one of the most controversial
programs in its history." Greg Miller and Julie Tate, CIA Report Refittes
Senate Panel's Criticism of Agency's Harsh Interrogation Methods, Wash.
Post, June 27, 2013, http://wapo.stil7Dtquw
Thus, the ACLU's request for expedited processing should be
granted.
� In addition to the national ACLU offices, there are 53 AC:LU affiliate and national
chapter offices located Throughout the United Stares and Puerto Rico. These offices
further disseminate ACLU material to local residents, schools, and organizations through
a variety of means, including their own websires, publications, and newsletters. Further,
the ACLU makes archived materials available at the American Civil Liberties Union
Archives at Princeton University Library.
6
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AMFRIf AN I. VII_ LIDERTIE:c
UNION FOUNDATION
ilL AnOication for Waiver or Limitation of Fees
A. Release of the record is in the public interest,
We request a waiver of search, review, and reproduction fees on
the grounds that disclosure of the requested record is in the public interest
because it is likely to contribute significantly to the public understanding
of the United States government's operations or activities and is not
primarily in the commercial interest of thc requester. 5 U.S.C.
� 552(a)(4)(A)(iii); 32 C.F.R. � I 900.13(b)(2).
The CIA Report will significantly contribute to public
understanding of the government's operations or activities. Moreover,
disclosure is not in the ACLU's commercial interest. Any information
obtained by the ACLU as a result of this FOIA request will be available to
the public at no cost. See 32 C.F.R. � 1900.13(b)(2).
Thus, a fee waiver would fulfill Congress's legislative intent in
amending FOIA. See Judicial Watch Inc v. Rossotti, 326 F.3d 1309, 1312
(D.C. Cir. 2003) ("Congress amended FOLA to ensure that it he liberally
construed in favor of waivers IbT noncommercial requesters." (internal
quotation marks and citation omitted)); OPEN Government Act of 2007.
Pub. L. No. 110-175, � 2, 121 Stat. 2524 (finding that "disclosure, not
secrecy, is the dominant objective of the Act," quoting Dept alAir Force
v Rose, 425 U.S. 352, 361 (1992)).
13. The ACLU qualifies as a representative of the news media
A waiver of search and review fees is warranted because the
ACLU qualifies as a -representative of the news media" and the SSC1
Report is not sought for commercial use. 5 U.S.C. � 552(a)(4)(A)(ii); see
also 32 C.F.R. � 1900.02(h)(3), Accordingly, fees associated with the
processing of this request should be "limited to reasonable standard
charges for document duplication."
The ACLU meets the statutory and regulatory definitions of a
"representative of the news media" because it is an "entity that gathers
information of potential interest to a segment of the public, uses its
editorial skills to turn the raw materials into a distinct work, and
distributes that work to an audience." 5 U.S.C. � 552(a)(4)(A)(ii)(11); see
also Nat'l Sec. Archive v. Dep't of Del, 880 F2d 1381, 1387 (D.C. Cir.
1989); c/ Am. Civil Liberties Union v. Dept ofJustice, 321 F. Supp. 2d
24, 30 n.5 (D.D.C. 2004) (finding non-profit public interest group to be
-primarily engaged in disseminating information"). The ACLU is a
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AMERtrAN r l'efL LISER
tiFaiON 1-ULINDATION
"representative of the news media" for the same reasons that it is
-primarily engaged in the dissemination of information." See Elec.,
Privacy, Info. Cm v. Dep't of Del, 241 F. Sapp. 2d 5, 10-15 (D.D.C.
2003) (finding non-profit public interest group that disseminated an
electronic newsletter and published books was a "representative of thc
pews media" for FOIA purposes)? Indeed, the ACLU recently was held to
be a "representative of the news media." Sen. Women's Action Network v.
Dep't of Defense, No, 3:11CV1534 (IVIRK.), 2012 WI., 3683399, at *3(0
Conn. May 14, 2012). See also Am. Civil Liberties Union of Wash. v.
Dep of Justice, NO. C09-0642RSL, 2011 VII_ 887731. at *10 (W.D.
Wash, Mar. 10, 2011) (finding ACLU of Washington to be a
"representative of the news media"), reconsidered in port on other
grounds, 2011 WL 1900140 (W.D. Wash. May 19, 2011),
* *
Pursuant to applicable statute and regulations, we expect a
determination regarding expedited processing within ten (10) calendar
days. See 5 U.S.C. � 552(a)(6)(E)00(1); 32 C.F.R. � 1900.21(d).
If the request is denied in whole or in part, we ask that you justify
all withholdings by reference to specific exemptions to the FOIA. We also
ask that you release all segregable portions of otherwise exempt material.
90n account of these factors, fees associated with responding to FOIA requests are
regularly waived for the ACLU. In June 2011, the National Security Division of the
Department of Justice granted a fee waiver to the ACLU with respect to a request for
documents relating to the interpretation and implementation via section of the PATRIOT
ACT, in October 2010, the Department of the Navy granted a fee waiver to the ACLU
with respect to a request for documents regarding the deaths of detainees in U.S. custody.
In January 2009, the CIA granted a fee waiver with respect to the same request. In March
2009, the State Department granted a fee waiver to the ACLU with regard to a FOIA
request submitted in December 2008. The Department ofJus-tice granted a fee waiver to
the ACLU with regard to the same FOIA request, In November 2006, the Department of
health and Human Services granted a fee waiver to the ACLU with regard to a FOIA
request submitted in November of 2006. In May 2005, the U.S Department of
Commerce granted a fee waiver to the ACLU with respect to its request for information
regarding the radio-frequency identification chips in United States passports, In March
2005, the Department of State granted a lee waiver to the ACLU with regard to a request
regarding the use of immigration laws to exclude prominent nun-citizen scholars and
intellectuals from the country because of their political views, statements, Or associations.
In addition, the Department of Defense did nut charge the ACLU fees associated with
FOIA requests submitted by the ACLU in April 2007, June 2006, February 2006, and
October 2003 The Department elks-nee did not charge the ACLU fees associated with
FOIA requests submitted by the ACE).) in November 2007, December 2005, and
December 2004 Finally, three separate agencies�the Federal Bureau of Investigation,
the Office of Intelligence Policy and Review, and the Office of Information and Privacy
in the Department of Justice�did not charge the ACLU fees associated with a Fel A
request submitted by the ACLU in August 2002,
8
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We reserve the right to appeal a decision to withhold y
infbrolution or to deny a waiver of fees,
Please furnish the applicable records to:
Alex Abdo
American Civil Liberties Union
125 Broad Street
18th Floor
New York, NY 10004
AMEMCAN CIVIL RFRTiLl,
UNION FOLNCIAIION
Thank you for your prompt attention to this matter.
I hereby certify that the foregoing is true and correct to the best of
my knowledge and belief. See 5 U.S C. � 552(a)(6)(E)(vi),
Alex Abdo
American Civil Liberties Union
Foundation
125 Broad Street
18th Floor
New York NY 10004
Fax: 212.549,2654
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TO:
AMERICAN
MIES UNION
National Headquarters
Legal Department
125 Broad Street � New York, NY 10004
FAX: [phone]
FAX TRANSMITTAL SHEET
INFORMATION AND PRIVACY COORDINATOR
CENTRAL INTELLIGENCE AGENCY
WASHINGTON, D.C. 20505
Fax NumBER: [phone]
FROM: SamEERA RAHMAN
LEGAL ASSISTANT, NATIONAL SECURITY PROJECT
DATE: JUNE 28, 2013
Total number of pages (including this cover page): 10
This transmission is intended for the sole use of the individual and entity to whom it is addressed, and may contain information
that is privileged, confidential and exempt from disclosure under applicable taw. You are hereby notified that any
dissemination, distribution or duplication of this transmission by someone other than the addressee Or its designated agent is
strictly prohibited.
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