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U.S.

Department of Justice

Executive Office far United States Attorneys


Office of the Director

Main Justice Building. Room 2244A (202) 114-2121


9JO Pennsylvania Avenue. N. W.
Washington. D.C 20530

DATE: November 9, 2001

MEMORANDUM FOR ALL UNITED STATES ATTORNEYS


ALL ANTI-TERRORISM COORDINATORS

FROM: KenWainstein
Director

SUBJECT: Attorney General's Directive and the Deputy Attorney General's Guidance
RelatingtoInterviews Regarding International Terrorism _

Please find attached a directive from the Attorney General and a guidance memorandum
from the Deputy Attorney General. T%y$topwy General's directive instructs you to coordiaalfej
i »nd federal mernbcaflDhrfJlti^Terrorism Task Fprcer yill be
number of people 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 of persons whose current address information places them in your
state, and we will ask you and the other United States Attorneys in your state to separate the list
entries by district, according to their address information. Keep in mind that some states — such
as Alaska — ended up without any names on the list, and that some districts might find that none
of the people on their state list is in their district. While those districts will initially have no
interviews to coordinate, it is likely mat they will still participate in the project, possibly by
assisting other districts looking for the interview subjects on their lists. Also, for those of you
who are heavily involved in the September 11th investigation or who have a particularly long list
of names — such as Texas, Michigan, Florida and Illinois -- we will discuss the feasibility of the
30-day deadline for conducting the interviews.

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

OAG015-1225
MEMORANDUM FOR ALL UNITED STATES ATTORNEYS
ALL ANTI-TERRORISM COORDINATORS
SUBJECT: Attorney General's Directive and the Deputy Attorney General's Guidance
Relating to Interviews Regarding International Terrorism

I know that these documents and the lists will raise a number of questions, all of which
we hope to answer in the conference call. If you have a concern that you want to discuss
individually, please feel free to call me at (202) 514-2121. Thank you in advance for your
participation and leadership in this effort.

-2-

OAG015-1226
tte of % Attorney
Washington, B. &20530
November 9, 2001

MEMORANDUM FOR ALL UNITED STATES ATTORNEYS


ALL MEMBERS OF THE ANTI-TERRORISM TASK FORCES

FROM: THE ATTORNEY GENERAL


i
SUBJECT: 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 of
i terrorism. This campaign involves not only a traditional criminal investigation into the
i circumstances surrounding the September llth terrorist attacks, but also a sustained and
I comprehensive effort to prevent terrorists from committing any further attacks against our country.
t In pursuit of these objectives, thousands of individuals have been interviewed and hundreds have
t been detained for various criminal violations.

Federal resources have their limits, however, and we are finding that there are many more
people to be interviewed than there are federal agents to conduct the interviews. We have compiled
a list of individuals who have entered this country on non-immigrant visas who may be helpful in
our effort to investigate the attacks of September 11* and to prevent future terrorism. The list was
generated by taking a population of individuals and applying to that population a set of generic
parameters. None of the persons on this list has been interviewed to date. It is important that we
interview these individuals, as I believe that they arc willing and able to provide information that
could assist our campaign against terrorism. Just as our citizens regularly volunteer information and
tips that help us solve criminal cases and enforce the law, we expect that these visitors can contribute
significantly to our effort to protect the United States from further terrorism. I ask for your
assistance in conducting these interviews.

We have designed a process 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 of
the federal districts. Those 94 lists will then be distributed to the United States Attorneys, who will,
in turn, coordinate the interviews with the members of the Anti-Terrorism Task Force in each
district. The United States Attorneys will be responsible for assigning the interviews, providing the
written guidance attached to this directive, collecting the reports of the interviews, and coordinating
any follow-up investigation that results from the interviews. The United States Attorneys will
coordinate these activities with the FBI Special Agents in Charge. The task force members will be
responsible for conducting the interviews in accordance with the guidance, drafting and submitting
a written report of each interview, and participating in follow-up investigation, as appropriate.

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MEMORANDUM FOR ALL UNITED STATES ATTORNEYS Page 2
ALL MEMBERS OF THE ANTI-TERRORISM TASK FORCES
SUBJECT: Interviews Regarding International Terrorism

I understand that it will be a complicated and time-consuming proj ect to interview all of these
individuals, especially in those districts where a large number of the individuals reside. I also
recognize 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 district
designated on the list. I will nonetheless instruct the United States Attorneys substantially to
complete these interviews within 30 days.

This is an ambitious schedule, but one mandated by the urgency of the mission. It has been
clear since September 11th that further terrorist attacks against the United States are likely. That
concern was heightened by the commencement of military action against the forces of Osama bin
Laden and the Taliban in Afghanistan, and it was underscored by my October 29, 2001,
announcement that the government had received credible information of an impending terrorist
attack. Given the immediacy of this threat to our national security, it is absolutely imperative that
we in law enforcement do everything in our power to prevent any such attack. These interviews are
a critical step in that effort, as they will provide information and leads that will help us identify and
apprehend terrorists in our midst before they have an opportunity to cause more pain and suffering
to the American people. These interviews must therefore be conducted as soon as possible.

In asking for your assistance on this project, I want to be very clear about its objective. The
objective is to collect any information that die individuals on this list may have regarding terrorist
elements in this country and abroad. These individuals were selected for interviews because they
fit the criteria of persons who might have knowledge of foreign-based terrorists, criteria that are
shared by many of the persons - both American citizens and visitors to our country — who have
provided valuable information and assistance to law enforcement in our anti-terrorism efforts since
September 11*. These individuals were not selected in order to single out a particular ethnic or
religious group, or to suggest that one ethnic or religious group is more prone to terrorism than
another. I emphatically reject that proposition, and I want all to understand that there is no place for
ethnic or religious stereotyping in this plan, or in this nation's campaign against terrorism. Nor were
these individuals selected because they are suspected of any criminal activity, and, absent any other
indication that they are criminals, they should not be treated as such. Instead, they should be treated
with courtesy and respect, as potential witnesses and as sources of information.

Attached to this directive is a memorandum providing clear guidance about the objectives
and the procedures that will guide the implementation of this project. Please carefully read this
guidance and closely coordinate your actions with the United States Attorney and the other members
of the Anti-Terrorism Task Force in your jurisdiction.

I appreciate your willingness to join forces with us in this important endeavor. The
Department of Justice is proud to stand shoulder-to-shoulder with its state, local and federal law
enforcement 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.

OAG015-1228
(©ffice of tlje Pepufti ^ttorntn (general
JDiishiiigtun, JP.C. 20530

November 9, 2001

MEMORANDUM FOR ALL UNITED STATES ATTORNEYS


ALL MEMBERS OF THE ANTI-TERRORISM TASK FORCES

FROM: THE DEPUTY ATTORNEY GENERAI

SUBJECT: Guidelines for the Interviews Regarding International Terrorism

This memorandum provides guidance to those members of the Anti-Terrorism Task Forces
who will participate in the interviewing project announced in the Attorney General's directive of
November 9,2001. This guidance discusses the manner of conducting the interviews, the topics to
be covered during the interviews, and the procedures to be followed in carrying out this project.

By sending this guidance, we do not suggest that our law enforcement partners need
instruction in the ways of interviewing and investigation. We recognize that you each have your
own particular approach to conducting interviews based on your understanding of your jurisdiction
and constituents, and we will not presume to dictate the interviewing strategy to be used in every part
of the country. Nor are we suggesting that any of our federal, state and local law enforcement
partners 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 everybody
understands the information-gathering objective of this project and that the questioning during the
interviews aligns with that objective.

1. Manner of Conducting Interviews

Since the persons to be interviewed are not suspected of involvement in criminal activity, the
interviews will be conducted on a consensual basis, and every interview subject ("individual") will
be free to decline to answer questions. In approaching the individual, you should announce your
name, title and law enforcement agency, clearly explain the purpose of the interview, and ask
permission 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 or
neighborhood, you should ordinarily not ask him to accompany you to the police station or the field
office. A number of these individuals may have difficulty with the English language and little
understanding of our criminal justice system, and we want them and the other members of their
communities clearly to understand that they are not being taken into custody and that the interviews
are being pursued on a consensual basis.

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MEMORANDUM FOR ALL UNITED STATES ATTORNEYS Page 2
ALL MEMBERS OF THE ANTI-TERRORISM TASK FORCES
Subject: Guidelines for the Interviews Regarding International Terrorism

You 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, you should be careful about mentioning an individual's potential criminal exposure. You
should raise the topic of the individual's possible prosecution only if you have both a solid factual
basis for concluding that the individual has violated a criminal statute and clear authority to enforce
that statute. In the absence of one or the other of these preconditions, you should avoid mentioning
the 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, as
exercised by the Immigration and Naturalization Service ("INS"), is an important one. Therefore,
if you suspect that a particular individual may be in violation of the federal immigration laws, you
should call the INS representative on your Anti-Terrorism Task Force or the INS officials at the
closest Law Enforcement Support Center. Those officials will advise you whether the individual
is 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 appropriate to ask whether the individual has witnessed or heard any persons advocating the use
of violence or terrorism. However, it is not appropriate to question or otherwise challenge the
validity of religious beliefs or practices.

You should keep in mind that a large number of these individuals will have a limited
capability 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 be
some whom you would rather interview with an interpreter. You are free to utilize any interpreting
services that are available to your agency. The United States Attorney should also inquire into the
availability in their districts of interpreters in the relevant languages.

Finally, you should be aware that a number of the individuals on the list might be attending
schools on student visas. Please make sure to follow all protocols regarding coordination with
campus security forces whenever you seek to interview individuals who reside on college campuses.

2. Topics to Cover During the Interview

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

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MEMORANDUM FOR ALL UNITED STATES ATTORNEYS Page 3
ALL MEMBERS OF THE ANTI-TERRORISM TASK FORCES
Subject: Guidelines for the Interviews Regarding International Terrorism

a) Identity

The 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 should
also be asked about any other names that he has used, in this country or elsewhere. To the extent
possible, the individual's identity should be verified by reviewing any identification that the
individual is able and willing to provide. In light of the availability of false identification
documeats, you may wish to request more than one form of identification. You should specifically
ask to see the individual's passport and visa, and you should take note whether he appears to be
residing in the United States within the time period allowed by the visa. If the individual produces
a passport or other document that records past travel, you should make an effort to note where the
documentation was issued and any information that it provides about the individual's travel history.

b) Telephone Numbers

You should obtain all telephone numbers used by the individual and his family or close
; associates.

c) Residence

You should ask the individual where he is residing and about any other residences that he has
used since his arrival in this country. If he lives with others, you should 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 Income

You should inquire about the individual's current employment and source(s) of income.

e) Education

You should inquire about the individual's educational background, including whether he has
any professional licenses or scientific expertise.

f) Foreign Travel
*
You should ask the individual what foreign countries he has visited, the dates of those visits,
and the reasons he went to those countries. You should inquire specifically whether he or anybody
he knows has ever visited Afghanistan.

OAG015-1231
MEMORANDUM FOR ALL UNITED STATES ATTORNEYS Page 4
ALL MEMBERS OF THE ANTI-TERRORISM TASK FORCES
Subject: Guidelines for the Interviews Regarding International Terrorism

g) Armed Conflicts

The individual should be asked whether he or anybody else he knows has ever participated
in an armed conflict. If he answers in the affirmative, you should probe for details of the role that
he or the other person or persons played in that conflict.

h) Reason for the Individual's Visit

The individual should be asked about his reasons for visiting the United States. If the
individual is here to attend school, you should learn what you can about his studies and future plans.
If the individual is here as a tourist, you should inquire as to the cities, landmarks and other sites that
he has visited or plans to visit. You should ask when the individual plans to leave the United States
and where he plans to go. You should also ask the purpose of any trips the individual has made
outside of the United States since his entry.

i) Threats or Violence Directed at the Individual

You 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, you
should obtain all relevant information and take any appropriate action to investigate the allegation.

j) Knowledge Regarding the Events of September 11, 2001

You should ask the individual whether he knows, or is aware of anyone who knows, anything
about the September 11th attacks or the perpetrators.

k) Reaction to Terrorism

You 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 felt
when he heard the news.

1) Involvement in Terrorism

You should inquire whether the individual knows anybody who has had involvement in
advocating, planning, supporting or committing terrorist activities, and whether he has ever had any
personal involvement in such activities.

OAG015-1232
MEMORANDUM FOR ALL UNITED STATES ATTORNEYS Page 5
ALL MEMBERS OF THE ANTI-TERRORISM TASK FORCES
Subject: Guidelines for the Interviews Regarding International Terrorism

m) Knowledge of Terrorism

The individual should be asked whether he knows anyone who is capable of or willing to
carry out acts of terrorism; whether he is aware of any plans or discussions about the commission
of terrorist acts in the future; and whether he has any ideas about how future acts of terrorism could
be prevented. You should also ask him if he recognizes the names of any suspects or targets who
have been the subject of investigations in your jurisdiction.

n) Financing of Terrorism

The 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 or
suspects to be a front for funding terrorism. You should ask if the individual is aware of anyone
engaged in systematic criminal activity to raise money, like drug trafficking or fraud schemes.

o) Training of Terrorists

The individual should be asked if he is aware of anybody, including himself, who has
received any training which could be applicable to terrorist activities, whether it be training at
terrorist camps, flight lessons or other training programs in the United States or abroad.

p) Sympathy for Terrorists

You should ask whether the individual is aware of any persons who have sympathy for the
September 11th hijackers or other terrorists, or for the causes those terrorists espouse. You should
also ask the individual whether he shares those sympathies to any degree.

q) Advocates of Violence

You should inquire whether the individual has heard of anyone recruiting persons to engage
in violent acts against the United States or its citizens. You should ask the individual if he has
knowledge of anyone who is advocating "jihad" or urging others to overthrow the government or
to attack Americans, either under the guise of religion or otherwise.

r) Knowledge of Weapons

The individual should be asked whether he or anybody he knows has access to guns or to any
explosives or harmful chemical compounds, or has any training or experience in the development
or use of such weapons. You should also ask if he knows of anyone who is capable of developing
any biological or chemical weapon such as anthrax. =

OAG015-1233
MEMORANDUM FOR ALL UNITED STATES ATTORNEYS Page 6
r ALL MEMBERS OF THE ANTI-TERRORISM TASK FORCES
Subject: Guidelines for the Interviews Regarding International Terrorism

s) Sources of False Documents

The 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 as driver's permits, visas, social
security cards and credit cards.

t) Knowledge of Terrorists Overseas

You should ask whether the individual is aware of any persons or groups in his homeland
who might be planning or advocating terrorist acts against the United States, and whether he knows
anyone in his homeland who could help the United States in its fight against terrorism.

u) Other Suspicious Activity

The 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 support
of terrorist activities.

v) Others with Information

You 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 Activity

You should remember to ask the catch-all question whether the individual is aware of any
criminal activity whatsoever, whether related to terrorism or not.

x) Willingness to Provide Information in the Future

You 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 or hears anything suspicious, or
if he comes across anyone who has information that would be relevant and useful. You might want
to inquire whether you can contact the individual periodically in the future to see if he has obtained
any more information. In other words, if the individual is positioned and willing to provide useful
information, you should attempt to develop him as a source in the same way that you would recruit
any source related to more traditional criminal activity.

•-pen : ^Hris iv

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MEMORANDUM FOR ALL UNITED STATES ATTORNEYS Page 7
ALL MEMBERS OF THE ANTI-TERRORISM TASK FORCES
Subject: Guidelines for the Interviews Regarding International Terrorism

3. Implementation Procedures and Deadlines

This 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 November 9,2001.

b) The United States Attorneys and the Director of the Executive Office for 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 Task
Force on or before November 21,2001. At that meeting, the United States Attorney
will (I) distribute the Attorney General's directive and this guidance to the members
of the Task Force; (2) ensure that all members understand the objectives of the
project and every aspect of this guidance; (3) discuss the logistics of conducting these
interviews; (4) describe the methods of report writing and submission; (5) explain the
responsibilities of 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 individuals and conduct the interviews on or
before December 21,2001.

e) Interviewing agents and officers will confer with the United States Attorney1 s Anti-
Terrorism Coordinator and representatives of the Joint Terrorism Task Force, if one
exists in that district, immediately after an interview if they believe that the
individual warrants - or the individual's information should prompt — further
investigation.

f) Reports of the interviews will be completed and submitted electronically to the


United States Attorney's Anti-Terrorism Coordinator within three days of each
interview. You will electronically receive a standard form that should be used in
reporting on each of the interviews. By using a standard form, we ensure that all
relevant information can be collected and entered into a database in a manner that can
be easily accessed and searched.

g) The United States Attorney's Anti-Terrorism Coordinator will have the submitted
reports entered into a database that will be established for this project. Further
guidance about the database will be forthcoming. \5
MEMORANDUM FOR ALL UNITED STATES ATTORNEYS Page 8
ALL MEMBERS OF THE ANTI-TERRORISM TASK FORCES
Subject: Guidelines for the Interviews Regarding International Terrorism

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

OAG015-1236

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