Document Number (FOIA) /ESDN (CREST):
Body:
(b)(3) NatSecAct
Approved for Release: 2016/06/10 C06552087
SECRETHNOFOR
Date: 200402
(b)(3) CIAAct
(b)(6)
TO: James L. PavitteD0
FROM: Scott W. Muller
CC: George J. Tenet@DCI;John E. McLaughlinaDCI;John H. MosemanODCI;
SUBJECT: CIA Detainees at GITMO.
BODY
(b)(1)
(b)(3) CIAAct
(b)(3) NatSecAct
(b)(6)
(b)(3) NatSecAct
(b)(5)
In light of the Supreme Court's
acceptance of a case presenting the question of whether GITMO is US territory ,
we asked DOJ for its advice on whether the CIA detainees should remain at GITMO
or be moved out pending the Supreme Court decision. We also raised the issue
with NSC and White House Counsel. Pat Philbin (OLC) called this afternoon and
advised that, as agreed in an earlier conversation with White House counsel
and others, the Solicitor General had been consulted. Philbin reported that
DOJ (including specifically the Solicitor General) recommended that CIA move
the detainees (except al-Libi) out of GITMO at this time.
(b)(1)
(b)(3) CIAAct
(b)(3) NatSecAct
(b)(5)
(b)(6)
SECRETHNOFORN
Approved for Release: 2016/06/10 006552087