Document Number (FOIA) /ESDN (CREST):
Body:
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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