DM B4 Justice Dept 2 of 2 Fdr- 1995 Memos Paper Clipped) Re the Wall- Gorelick

8/14/2019 DM B4 Justice Dept 2 of 2 Fdr- 1995 Memos Paper Clipped) Re the Wall- Gorelick

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o f tfi* j}rputy ^ttornrg (g tn r r a l

MEMORANDUMTOs

FROM?

RE:

Mary Jo whiteUnited States AttorneySouthern District of New YorkLouis FreehDirectorFederal Bureau of InvestigationRichard ScruggsCounsel of intelligence Policy and ReviewOffice of Intelligence Policy and ReviewJo Ann HarrisAssistant. Attorney GeneralCriminal DivisionJamie 5. GoreDeputy Attorn ralInstructions on Separation of Certain Foreignrintellis.ence.. gnd._cr.iiD$naj. 3nYjeat.iaaiio.sa

Th United States Attorney's Office for the SouthernDistrict of New York and the FBI have been conducting criminalinvestigations of certain terrorist acts, including the bombingof the World Trade Center, and potential obstruction of theindicted case of United States v. Rahman,- et al During thecourse of those investigations significant counterintelligenceinformation has been developed related to the activities andplans of agents of foreign powers operating in this country andoverseas, including previously unXnown connections betweenseparate terrorist groups. Although information and evidencerelevant to possible future criminal prosecutions is still being

SEJfRFlClassified by: Deputy Counsel forOffic of Jnfrel?JusticeDeclassify on: O A J D R

Operations.policy and Review Dpartent.,of

Declaaified byCounsel for Intelligence Policy01PRAJSDOJ

'. Ar',110.


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SOBtBT

- 2 -sought, it has become overwhelmingly apparent that there is acompelling need to further develop and expand that foreigncounterintelligence information. Consequently, the FBI hasinitiated a separate full field counterintelligenceinvestigation.

Although the counterintelligence investigation'may result inthe incidental collection of information relevant to possiblefuture criminal prosecutions, the primary purpose of the counter-intelligence investigation will be to collect foreigncounterintelligence information. Because the counterintelligenceinvestigation will involve the use of surveillance techniquesauthorized under the Foreign intelligence Surveillance Ace


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- 3 -(4) The!ubjects, who are presently under pen registersurveillance in the criminal investigation, will beinvestigated as FCI subjects under the FCI guidelines usingall available techniques, including FISA, without anydirection or control by the USAO, Southern District ofNew York or the Criminal Division, Department of Justice.The current pen registers will be discontinued before anyFISA-authorized surveillances are initiated.

_ _ FBI[jTcluding 302'a fromwill be prepared as follows:Lng to the aforementioned indictedcases and investigations, including the obstruction casewill be segregated into separate reports which will beprovided to the USAO, OIPR, and the Criminal Division. Allforeign counterintelligence information (including allforeign counterintelligencerelating to future terroristactivities) will be in classified reports which will beprovided to OIPR, but will not be provided either to thecriminal agents, the USAO, or the Criminal Division, withoutFederal Bureau of Investigation Headquarters and OIPRconcurrence. The FBI agent responsible for handling thewill remain involved in the on-going trial ofv. Rahman, but will otherwise be assigned tothe foreign counterintelligence investigation and report toforeign counterinteljagenca supervisors.[6) Foreign counterintelligence collected during the course ofthe FCI investigation will be disseminated pursuant to FBIguidelines and FISA; If,' in the case of the FCXinvestigation, facts or circumstance* are developed thatreasonably indicate that a significant federal crime hasbeen, is being, or may be committed, the FBI and OIPR areeach independently responsible for notifying the USAO andthe Criminal Division. Notice shall include the facts andcircumstances developed during the FCI investigation thatsupplied the indication of significant federal criminalactivity, whether or not such activity relates to theindicted cases or criminal investigations referred to inaubparagraph (2) aJbove. An Assistant United States Attorney(AUSA) from the Southern District of New York who hasknowledge of, but no active involvement in, the on-goingcriminal investigations, will continue to be. assigned, towork with OIPR and the FCI agents to review such foreign

intelligence information to ensure that evidence that mightbe exculpatory to any defendants currently under indictmentis promptly considered for dissemination to criminalinvestigative personnel, the USAO, &nd the Criminal


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- 4 *Division. This AUSA will also serve to ensure. Inconjunction with the FBI and OXPR, that information whichreasonably indicates that a significant federal crime hasbeen, is being, or may be committed is appropriatelydisseminated to criminal investigative personnel, the U5AO,and the Criminal Division pursuant to the procedures etforth above. That AUSA will continue to be "walled off"from participation in the on-going criminal investigations.and cases and will continue to abide by all FISAdissemination provisions and guidelines.

SB REl


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United Stati Aitomey'1 OfficeSouthern District of New YorkUnited Statj* CourthouseO ne St.AnilreVi PlazaNew York, New Yoric 10007

Maty Jo WhiteUnited State* Attorney

COMMERCIAL (212) 791-0056

Facsimile Transmission Cover Page A \ = >TO:

Dh r l i t o n / S t t t l o n

7CO^JFIDENTIALU.S. ATTORNEY FACSIMILE COMMUNICATION

The idbrmatOn contained in this G a c s t m i l c mcssajo, and any and all accompanying U o c u m o n u comUtutcsconfidential t: formation. This information is the property of the U.S. Attornoy'g O f f i c e . If you arc notthe intended aodp iont of this information, any dltclosure, copying, dlltributlon, or th e taking of any actionin reliance on. this Information 1* itrictly prohibited. If you received this message in error, please n o t i f y usimmediately *; the above number to make arrangement! fo r its return to w.FROM: 55O f f i c e of ihe United Slates Attorney, Sou thern D istrict o f N e w York

P h o n e ; C O M M E R C I A L (212)791-0056Fax: C O M M E R C I A L (212)791-9098

D a t e : &*/.* *7^'.P o s e s / including cover shee t

t j%-777 .(A /I N S T R U C T I O N SI M M E D I A T E L Y N O T I F Y S E ND E R O F A N Y DIFFICULTIES I N T R A N S M I S S IO N :P L E A S E NOTIFY S E N D E R O F R E C E I P T BY TELEPHONE


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June 13, 1995

M E M O R A N D U M

TO: Th Honorable Janet RenoAttorney Generalf

PROM: Mary Jo White 'Y VlUnited states A t - H or n e y f o r tftoSouthern District of New YorkR E t Instructions Ra FI a n d FCI investigations******** 1 ************************************************* ******

I believe (subject to c o n f i r m a t i o n ) that Mike V a t i s andG i l C h i l c l e r s have worked o u t acceptable instructions f o r F I a n dFCI investigations in the Southern District of New York.

You h a v e also asked whether I am generally c o m f o r t a b l ewith the instructions. It is hard to be totally comfortable withinstructions to the FBI prohibiting contact with the UnitedStates Attorney's Offices when s u c h prohibitions are not legallyrequired. These instructions l e a v e entirely to OIPR and t h eCriminal Division when, if ever, to contact affected U.S.A t t o r n e y e i o n investigations i n c l u d i n g terrorism a n d espionage.W h i l e I understand the need for centralization and control, thismechanism cuts out t h e U.S. Attorneys until the Criminal Divisiondecides with FBI Headquarters to open up a criminalinvestigation. O u r e x p e r i e n c e h a s been that t h e F B I labels o f a n

Wd90:90


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investigs/tion as intelligence or law enforcement can be quitearbitrary depending upon the personnel involved and that the mosteffective way to combat terrorism is with as few labels and wallsas possibla so that wherever permissible, the right and lefthands a r m communicating.

As a legal natter, whenever it is permissible for theCriminal Division to be in contact with the FBI, it is equallypermissible for the FBI to be in touch with the U.S. Attorneys'Offices. To be sure, the tighter the controls are on suchcontacts (i.fl,, limiting them to the .Criminal Division}, thelower t h f l risk of improper or FISA-vulnerable contacts. Hence, Iunderstard not wanting to have the FBI automatically contact allaffected U.S. Attorneys1 Offices whenever they contact theCriminal Division, But there should be that obligation on theCriminal Division so that U.S.Attorneys a r e made aware o fpotential criminal activity in their districts at the earliestpossible and permissible - time, We have a few changes thatwe believe would accomplish this very modest compromise from theviewpoint of the U.S. Attorneys:

1. "Unless otherwise specified by the AttorneyGeneral" should be added to the first sentence. This would allowfor c a r v i - o u t s for specific situations i n specific districts.(Mika Vatis has, I believe, agreed with this.)

2 . The approval required before the FBI contacts theU.S. A t t c r n e y s Office should be limited to that of OIPR and notinclude the Criminal Division. That would seam to burden undulythe notification mechanism and a d d s little if anything to the

69EJ. 922.3 Wd80:90 *6, t T M O T


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safeguarding of FISA. Accordingly, in paragraph A, 2. thefollowing word* should be atrickan from the first aen-tence, "theCriminal Division and." A new sentence should be inserted afterthe first, stating, "The FBI and OIPR each independently shallnotify tt.e Criminal Division of any such contacts."

3. In a FISA investigation, once the criminalDivision has concluded that criminal lav enforcement concernsexist t h i i . affected U.S. Attorney's Office should be notified.Accordingly, in paragraph A.3. the following new sentence shouldbe added after the first sentence. "The Criminal Division shallaontaot the partinant U.S. Attorney's Office(a) as soonthereaftur as possible,"

4. In the last sentence of paragraph A. . the word"should" should be replaced with the word "shall."

5. In paragraph A,9, tha words "theUnited StatesAttorney," should be added between "Criminal Division" and"OIPR."

6. In investigations where FISA and relatedinvestigative efforts have not yet been undertaken the affectedU.S. Attorney's office should be included earlier in the processAccordingly, the following sentence should be added at theconclusion of paragraph B.I., "TheCriminal Division shallcontact the pertinent U.S. Attorney's Office(s), as soonthereafter as possible."

7. in paragraph B.3. the pertinent U.S. Attorney'sOffices should be included in the notification the Criminal

- 3 -

6Si 92Z3 Uld60:90 S6. S T


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.(Mfttrrf ( S e t t r r a l

MEMQRANEUM TO: Assistant Attorney General, Criminal DivisionDirector, FBI \ l for Intelligence

/ J t iFROM: The Attorney GeneralSUBJECT: Procedures for Contacts Between the FBl^HrtTthe^ _Criminal Division Concerning Forej^prtntelligence andForeign Counterintelliqence

T h u procedures contained h e r e i n / C a p p l y to foreignintelligence (FI) and foreign counterintelligence (FCI)investigations conducted by the FBI, including investigationsrelated to espionage and foreign and international terrorism.The purpose of these procedures is to ensure that FI and FCIinvestigations are conducted lawfully, and that the Department'sc r i m i n a l ! and intelligence/counterintelligence functions areproperly coordinated.

ty

A , floj'.taets purinp an FI or pel Investigation i,ffm-vaillanc* or fiaajyph^fl erg Bp lnc r Conduetad Wh i c h FISA1. If, in the course of an FI or FCI investigationutilizing electronic surveillance or physical Marches under theForeign Intelligence Surveillance Act (FISA) facts orcircumstances are d e v e l o p e d that reasonably indicate that asignificant federal crime has bean, is being, or may becommitted, the FBI and OXPR each shall independently notify theCriminal Division. Notice to the Criminal Division shall includethe t a c : . a and circumstances developed during the investigationthat support the indication of significant federal criminalactivity. The FBI shall inform 01 PR when it initiates contactwith t h ' i t Criminal Division. After this initial notification, t h eCriminal. Division shall notify OIPR before engaging in

substantive consultations with the FBI, a s discussed in paragraphS , b elo- u r . '. 2 . the FBI shall not contact a U.S. Attorney's Officac o n c e r n r . n g such an investigation without the approval of -44-7 r t m 1 n i : r * - * _ ' * * * *r rn*' OlPRjy In exigent circumstances, where" i m m e d i a t e 'contact W i t h a UTs. Attorney's Office is appropriatebecause of potential danger to life or property, FBIHQ or an FBIfield o l i f i c e may make such notification. The Criminal Division

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and CIPR should be contacted and advised of the circumstances ofthe investigation and the facts surrounding the notification, ascon a* possible.3; If the Crirainal Division concludes that the informationprovided by the FBI or OIPR raises legitimate and significantcriminal law enforcement concerns, it shall inform the FBI and_ 'Thereafter, the FBI may consult with the Criminal Divisionconcerning the investigation to the extent described inparagraphs 5 a n d 6 , below. - 4. The FBI shall maintain a log of all contacts with theCriminal Division/ noting the time and participants involved inany contact, and briefly summarizing the content of anycommunication.5. The Criminal Division ahall notify OIPR of, and giveOIPR the opportunity to participate in, consultations between theFBI and Criminal Division concerning an FI or FCI investigation.If OIPR is unable or does not desire to participate in aparticular consultation, the Criminal Division will, after theconsultation takes place, orally inform OIPR of the substance ofthe coTiuranication in a timely fashion.6. Consultations between the Criminal Division and the FBIshall be limited in the following manner: The FBI will apprisethe C r i r c i n a l Division, on a timely basis, of informationdevelope-3 during the FI or FCI investigation that relates to

significant federal criminal activity. The Criminal Division maygive guidance to the FBI aimed at preserving the option of acriminal prosecution. (For example, the Criminal Division mayprovide idvice on the handling of sensitive human sources so thatthey would not be compromised in the event of an ultimatedecision to pursue criminal prosecution.) The Criminal Divisionshall nc:, however, instruct the FBI on the operation,continuation, or expansion of FISA electronic surveillance orphysical searches. Additionally, the FBI and Criminal Divisionshould ensure that advice intended to preserve the option of acriminal prosecution does not inadvertently result in either the.fact or c h e appearance of the Criminal Division's directing orcontrolling the FI or FCI investigation toward law enforcementobjectives.7. In a FISA renewal application concerning such aninvestigation, OIPR shall apprise the Foreign IntelligenceSurveillance Court (FISC) of the existence of, and basis for,contact&< between the FBI and Criminal Division, in order to keepthe FISC informed of the criminal justice aspects of the ongoinginvestigation.


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U.S. Department of u s t i c e;#f** & . Office of the Deputy A t torney Gene ra l it

Execut ive O f f i c e fo r Nat ional Securi ty_ 1 : -9 5 J J H 2 1 31032W a i h i n w m . D.C. 2 0 S J O June 19, 1995 M E C U i i V L ~L

MEMORANDUM FOR THE ATTORNEY GENERALTHROUGH: THE DEPUTY ATTORNEY GENEFROM: Michael Vatis/VDeputy Director, Executive Office for National SecuritySUBJECT: Procedures for Contacts between the FBI and the.Criminal Division Concerning Foreign Intelligence and

.Foreign Counterintelligenee InvestigationsFollowing tny conversations with U.S. Attorney Mary Jo Whiteand AUSA Gil Childers of the Southern District of New Yorkregarding Mary Jo's first set of recommended changes to the draftprocedures, Mary Jo has now sent you a second memorandum(attached at Tab A) proposing addi tional changes (some of whichrepeat proposals from her first memorandum). Mary Jo'schiefconcern is ensuring that the draft procedures not affect theSONY'S existing terrorism cases and the existing instructionsthat we instituted to deal with specific overlapping FI andcriminal investigations in that district. I assured Gi l thatthese draft procedures did not affect the existing instructions,and told him that we could add language to the draft proceduresto make this clear (see section 1, below) .. In addition, Irecommend sending a separate memo to the AAG, Criminal Division;the Counsel for Intelligence Policy; the Director, FBI;and theU.S. Attorney for the Southern District of New York specifyingthat these draft procedures do not affect the existinginstructions governing FI investigations in the SDNY. A memo tothat effect is attached at Tab B.Listed below are Mary Jo's additional proposed changes andmy recommended responses; A revised draft of the proceduresincorporating some of Mary Jo's changes is attached at Tab C.

/

1. Mary Jo suggests amending the first sentence of theprocedures to allow for "carve-outs" from 'the procedures forspecific situations in specific districts . The first sentencewould read: "Theprocedures contained herein, unless otherwisespecified by the Attorney General, apply to foreign intelligence(FI) and foreign Counterintelligence (FCI) investigationsconducted by the FBI, including investigations related toespionage and foreign and international terrorism."


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enforcement interests exist.I recommend rejecting this change for the reasons discussedin section 3, above.8. Mary Jo suggests changing "should" to "shall" inparagraph B.6. '1 recommend making this change for the reasons discussed insection 4, above.9. Mary Jo suggests adding "United States Attorneys" toparagraph B.8, so that when USAs are dissatisfied with theapplication of the procedures in a particular case, they too canraise the issue with the DAG.I recommend making this change for the reasons discussed in

section 5, above. . .* * *

RECOMMENDATION: That you sign the memoranda attached at TabsB and C.

Attachments

cc: Merrick GarlandPaul Fishman


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w


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U. S.Department of JusticeOffice of the Deputy Attorney GeneralExecutive O f f i c e fo r National Security

Washing ton . D .C . 10530

July 14, 1995MEMORANDUM FOR THE DEPUTY ATTORNEY GENERALTHROUGH:

FROM:SUBJECT:

Merrick Garland.Principal AssociateMichael

ieputy Attorney General

Procedures for Contacts . Between the. FBI and theCriminal Division Concerning Foreign Intelligence andForeign Counterintelligence InvestigationsAttached at Tab A are Mary Jo White's latest suggestedrevisions to the draft procedures, as well as your own changes to

her revisions. Attached at Tab B is a redlined version ofrevised procedures, incorporating your changes. Attached at TabC is. a clean version of the revised procedures, ready for theAG' s signature. Finally, attached at Tab D is a second copy ofthe memo, originally sent to the AG on June 19, stating thatthese procedures do not affect the March 4 instructions governingspecific FCI and criminal investigations. (I worked this outwith Mary Jo last month.)

Per Merrick's request, I have discussed Mary Jo's proposedrevisions with Jim Reynolds. Jim still believes that Mary Jo's changes would require involvement of USAOs too early in theprocess -- before CRM decides that we should initiate a criminalinvestigation. This would raise all the problems detailed in myearlier memoranda to you and the AG in short, if these casesare not carefully monitored and coordinated by Main Justice andFBIHQ, we run the risk of prejudicing potential criminalprosecutions down the road.

Jim notes that CRM in fact is likely to consult early onwith some USAOs, including the Southern District of New York,which are experienced with FI and FCI matters and understand thelegal and practical difficulties in coordinating intelligence andcriminal investigations. But we simply cannot write into theprocedures that we will treat some USAOs differently from others.Jim agrees that your proposed changes to Mary Jo's language wouldafford CRM the necessary flexibility to decide when it isappropriate to consult with a particular USAO.

I RECOMMEND THAT THE AG SIGN THE MEMOS AT TABS C AND D.


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United Stati* Attorney' Office Mary Jo WhiteSmthera District of New York United States AttorneyUnited Static CourthouseOne St. Andrew's* PlazaNew York, New York 10007 ' -

COMMERCIAL (212) 791-0056

Facsimile Transmission Cover PageTO: Nime

DtvUkm/SecllonPhoM Hun

FA X Number

CODIHDENTIALUS.ATTORNEY FACSIMILE COMMUNICATIONThe information contained In this facsimile message, and any and all accompanying document* constiraicsconfidential Information. This information is the property of the U.S. Attorney's Office. If you arc notthe intended recipient of this information, any disclosure, copying, distribution, or the taking of any actionIn reliance on inis information is strictly prohibited. If you received tnis message In error, please n o t i f y usimmediately at the above number to make arrangements for its return to us,_ _ . _FROM: O f f i c e of the United States Attorney, Southern District o f Now York

791-0056Fax: COMMERCIAL (212)791-9098

Date: Piges including cover sheet

INSTRUCTIONSIMMEDIATELY NOTIFY SENDER O F AN Y DIFFICULTIES IN TRANSMISSION.PLEASE NO TIFY SENDER O F RECEIPT BY TELEPHONE.


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..-O

field office aay o f & J c e sucn notification. The Criminal Divisiona i x i OXPR should J& contacted and advised of tha .circumstances o lthe investigat^cS\and the facts surrounding the notification assoon as possJthe Criminal Division concludes that the information {-!.?.


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' - $ "

8. in the fevent tha Criminal Division concludes thatcircumstances sad/at, that indicata the need to consider initiationof a criminal investigation or prosecution, it shall immediatelyCriminal Division and OIPR shall contact thetorney's Office as soon thereafter as possible.a criminalnotify OIPR.pertinent O.S.

9, Any disagreement among the criminal Division, unitedStates Attorneys, OIPR, and the FBI concerning the application ofthese procedures in a particular case, or concerning thepropriety of Initiating a criminal investigation or prosecution,shall be raised with the Deputy Attorney General.B. During an FI or PCI .Investigation in Which No FISAnee or gearcheq Are Helper Conducted

1. If,x*iA he course of an FI or FCI investigation inwhich FISJl electronl.'c HHiMfveillance or physical searches are not;being conducted, facts pr circumstances are developed thatreasonably indicate that a Bignificanf-federa.1 crime has been, isbeing, or may be committed, the FBI shall notiTy~-fehe-J2riminalDivision. Notice to the Criminal Division shall indlud^r-thefacts and circumstances developed during the investigation th&tt-,support the indication of significant federal criminal activity,/2. The FBI shall not contact a U.3. Attorney's Officeconcerning such an investigation without the approval of the

Criminal Division, and notice to OIPR. In exigent circumstances,where immi'diaco contact with a U.S. Attorney's Office isappropriate because of potential danger to life or property,FBIHQ or n FBI field office m*y make auch notification. TheCriminal Liviaion and OIPR should be contacted and advised of t h e.circumstances of the investigation and the facts surrounding thenotification as soon as possible.3. If the Criminal Division concludes that the informationprovided by the FBI raises legitimate and significant criminallaw enforcement concerns, it.shell notify the FBI and OIPR,Thereafter, the FBI may consult with the Criminal Divisionconcerning t h e investigation. .4. The Criminal Division will be responsible for orallyinforming OIPR of ite contacts and consultations with tho FBIconcerning auch an investigation.

The FBI shall maintain a log of all contacts with theEivision, noting the time and participants involved in5,Criminalany contact, and briefly summarizing the content of anycoramunical: ion,6 . In the event the Criminal Division concludes thatcircumstances exist that indicate the naed to consider initiationof a , criminal investigation or prosecution, it shall immediately


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notify QIPR. The criminal Division and OIPR shall contact thepertinent U.S. Attorney's office as soon thereafter as possible.7. If, during an F? or FCI investigation, a FISAelectronic surveillance or search is undertaken after the FBI hasconsulted with the criminal Division, the procedures set forth insection A., above, shall apply. .

8. Any diaagreement among the Criminal Division, UnitedStates Attorneys, OIPR, and the FBI concerning the application ofthaae procedures in a particular case, or concerning thepropriety oC initiating a criminal, investigation or prosecution,shall be raised with the Deputy Attorney General.


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July 19, 1995

MEMORANDUMTO: Assistant Attorney General, Criminal DivisionUnited States Attorney, Southern District of New YorkDirector, FBI .Counsel for Intelligence Policy

'

FROM: The Attormt ' 'I SUBJECT: Effect of Procedures Governing FBI-Criminal DivisionContacts Du&ing FI/FCI Investigations on SpecificInstructions Concerning Separation of Certain FCI andCriminal Investigations

The memorandum issued by me today regarding procedures forcontacts between the FBI and the Criminal Division concerningforeign intelligence and foreign counterintelligenceinvestigations does not affect the specific instructions,contained in a memorandum from the Deputy Attorney General issuedMarch 4, 1995, governing the sepaiation of certain foreigncounterintelligence and criminal investigations. Thoseinstructions remain in effect.


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i f e of % Mar n ep (i*tteral,B. ( . 20330

July 19, 1995

MEMORANDUM .TO: Assistant Attorney General, Criminal DivisionDirector, FBICounsel for Intelligence PolicyThe United^5tat4j AttorneysFROM: TheAtt ornel

\^SV-SUBJECT: Procedures/for Contacts Between the FBI and theCriminal mvision Concerning Foreign Intelligence andForeign Counterintelligence InvestigationsThe procedures contained herein, unless otherwise specifiedby the Attorney General, apply to foreign intelligence (FI) andforeign counterintelligence (FCI)investigations conducted by theFBI, including investigations related to espionage and foreignand international terrorism. The purpose of these procedures isto ensure that FI and FCI investigations are conducted lawfully,and that the Department's criminal andintelligence/counterintelligence functions are properlycoordinated.

A. Contacts Purina an FI or FCI Investigation in Which FISASurveillance or Searches are Being Conducted1. - If, in the course of an FI or FCI investigationutilizing electronic surveillance or physical searches under theForeign Intelligence Surveillance Act (FISA), facts or.circumstances are developed that reasonably indicate that asignificant federal crime has been, is being, or may becommitted, the FBI and OIPR each shall independently notify the.Criminal Division. Notice to the Criminal Division shall includethe facts and circumstances developed during the investigationthat support the indication of significant federal criminalactivity. The FBI shall inform OIPR when it initiates contactwith the Criminal Division. After this initial notification, theCriminal Division shall notify OIPR before engaging insubstantive consultations with the FBI,as discussed in paragraph5, below.2. The FBI shall not cc-ntact a U.S.Attorney's Officeconcerning such an investigation without the approval of theCriminal Division and OIPR. In exigent circumstances, whereimmediate contact with a U.S.Attorney's Office is appropriate


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because of potential danger to life or property, FBIHQ or an FBIfield office may make such notification. The Criminal Divisionand OIPR should be contacted and advised of the circumstances ofthe investigation and the facts surrounding the notification assoon as possible.

3. If the Criminal Division concludes that the information .provided by the FBI or OIPR raises legitimate and significantcriminal law enforcement concerns, it shall inform the FBI andOIPR. The Criminal Division may, in appropriate circumstances,contact the pertinent U.S. Attorney's Office for the purpose ofevaluating the information. Thereafter, the FBI may consult withthe Criminal Division concerning the investigation to the extentdescribed in paragraphs 5 and 6, below.4. The FBI shall maintain a log of all contacts with theCriminal Division, noting the time and participants, involved in

any contact, and briefly summarizing the content of anycommunication.5. The Criminal Division shall notify OIPR of, and giveOIPR the opportunity to participate in, consultations between theFBI and Criminal Division concerning an FI or FCI investigation.If OIPR is unable or does not desire to participate in aparticular consultation, the Criminal Division will, after theconsultation takes place, orally inform OIPR of the substance ofthe communication in a timely fashion.6. Consultations between the Criminal Division and the FBIshall be limited in the following manner: The FBI will apprisethe Criminal Division, on a timely basis, of informationdeveloped during the FI or FCI investigation that relates tosignificant federal criminal activity. The Criminal Division maygive guidance to the FBI aimed at preserving the option of acriminal prosecution. (For example, the Criminal Division mayprovide advice on the handling of sensitive human sources so thatthey would not be compromised in the event of an ultimatedecision to pursue .criminal prosecution..) The Criminal Divisionshall not, however, instruct the FBI on the operation,continuation, or expansion of FISA electronic surveillance orphysical searches. Additionally, the FBI and Criminal Divisionshould ensure that advice intended to preserve the option of acriminal prosecution does not inadvertently result in either thefact or the appearance of the Criminal Division's directing or

controlling the FI or FCI investigation toward law enforcementobjectives.7. In a FISA renewal application concerning such aninvestigation, OIPR shall apprise the Foreign IntelligenceSurveillance Court (FISC) of the existence of, and basis for, anycontacts among the FBI, the Criminal Division, and a U.S.


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any contact, and briefly summarizing the content of anycommunication.6. In the event the Criminal Division concludes that

circumstances exist that indicate the need to consider initiationof a criminal investigation or prosecution, it shall immediatelynotify;OIPR. The Criminal Division and OlPR shall contact thepertinent U.S. Attorney's Office as soon thereafter as possible.7. If, during an FI or FCI investigation, a FISAelectronic surveillance or search is undertaken after the FBI hasconsulted with the Criminal Division, the procedures set forth insection A., above, shall apply. ' .j 8. Any disagreement among the Criminal Division, UnitedStates Attorneys, OIPR, arid the FBI concerning the application ofthese procedures in a particular case, or concerning the

propriety of initiating a criminal investigation or prosecution,shall be raised with the Deputy Attorney General.

Documents

DM B4 Justice Dept 2 of 2 Fdr- 1995 Memos Paper Clipped) Re the Wall- Gorelick