The Intelligence Agencies' "Duty to Warn"
Documents released in our FOIA lawsuit for records on the U.S. government's "duty to warn" Jamal Khashoggi
This Reading Room features all of the documents produced in Knight Institute v. CIA, a FOIA lawsuit the Knight Institute and the Committee to Protect Journalists filed in late 2018 for records showing whether U.S. intelligence agencies fulfilled their “duty to warn” reporter Jamal Khashoggi of threats to his life and liberty.
Our FOIA lawsuit sought records from the agencies most likely to learn of threats to Khashoggi: the Central Intelligence Agency (CIA), Department of State (DOS), Federal Bureau of Investigation (FBI), National Security Agency (NSA), and Office of the Director of National Intelligence (ODNI).
In response, the agencies released about 20 documents concerning Intelligence Community Directive 191, which provides that when a U.S. intelligence agency learns of an impending threat to an individual’s life or liberty, the agency must “warn the intended victim.” The CIA, FBI, NSA, and ODNI refused to confirm or deny, however, whether they possess records concerning Khashoggi and the duty to warn, and the DOS insisted that they did not.
How to use this Reading Room: The collection below can be searched by keyword, or filtered using the criteria in the left-hand column.
Showing 11–20 of 26
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DOS Wiki: Duty to Warn
DOS internal wiki entry on the Duty to Warn (DTW). The wiki entry provides an overview of the policy under Intelligence Community Directive (ICD) 191, including to whom IC elements must provide a warning and which threats are covered by the duty. The entry notes that there are situations in which the duty to warn may be waived. Presumably, a description of these situations is provided as well, but those sections have been withheld.
4/5/2019
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CIA Policy Document: Duty to Warn
Document outlining the CIA's Duty to Warn. Much of the document is redacted.
3/15/2019
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NSA/CSS Policy Instruction 2-0003: Duty to Warn
NSA/CSS policy instruction regarding the Duty to Warn, including policy, procedures, and responsibilities.
3/8/2019
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DOS Foreign Affairs Manual: 7 FAM 050 No Double Standard Policy
Section of the Foreign Affairs Manual regarding DOS's No Double Standard Policy. This policy deals with DOS's policy of sharing information with both the official and non-official U.S. communities.
6/13/2019
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FBI Counterterrorism Policy Directive and Policy Guide: Sections on addressing various threats
Sections from FBI's Counterterrorism Policy Directive and Policy Guide addressing bomb threats and counterterrorism threats.
3/29/2019
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DOS Foreign Affairs Manual: 7 FAM 050 No Double Standard Policy
Section of the Foreign Affairs Manual regarding DOS's No Double Standard Policy. This policy deals with DOS's policy of sharing information with both the official and non-official U.S. communities.
6/13/2019
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NSA Memo: Duty to Warn Standard Operating Procedures
Document providing Duty to Warn procedures for U.S. SIGINT System elements.
3/8/2019
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FBI Memo: Counterterrorism Division Duty to Warn
Electronic communication from FBI Counterterrorism Division setting forth "guidance for how the Counterterrorism Division (CTD) should implement its Duty to Warn responsibilities." The document indicates that the Intelligence Community's DTW includes threats against an institution, place of business, structure, or location and lays out which departments and individuals have certain responsibilities under the DTW operating procedure. The document also provides information about how waivers of the duty work.
3/29/2019
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CIA Agency Regulation Series: AR 2-4 Duty to Warn
Document outlining the CIA's Duty to Warn regulation (AR 2-4). Much of the document is redacted.
3/15/2019
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FBI Domestic Investigations and Operations Guide: § 14.7 Threat to Life – Dissemination of Information
Sections from FBI's Domestic Investigations and Operations Guide explaining how the FBI notifies persons of threats to their life or threats that may result in serious bodily injury.
3/29/2019