June 4, 2002 FBI memo about the possibility of a prostitution-related prosecution of Anwar al-Awlaki

SECRET//NOFORN//ORCON Memorandum DATE: 12-11-2012 CLASSIFIED BY 65179 DMH/MJS REASON: 1.4 (c) DECLASSIFY ON: 12-11-2037

To : Mr. James A. Baker Date 06/04/2002 Counsel, Office of Intelligence Policy and Review From : Mr. Pasquale D'Amuro Assistant Director Counterterrorism Division ALL INFORMATION CONTAINED HEREIN IS UNCLASSIFIED EXCEPT WHERE SHOWN OTHERWISE Subject : ANWAR NASSER AULAQI INTERNATIONAL TERRORISM - UBL/AL-QAEDA

ACTION MEMORANDUM

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SUMMARY

1 - Mr. 1 - Mr. 1 - Mr. 1 - KVL:KVL (10) 1 - Mr. 1 - Mr. 1 - Mr. 1 - Ms. 1 - serial 389 SEE NOTE LAST PAGE b6 b7C b7A Enclosure

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SECRET Mr. James A. Baker Counsel, Office of Intelligence Policy and Review Re: Anwar Nasser Aulaqi

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ELEMENTS OF TITLE 18 USC § 1952

(U) 18 USC § 1952 (a) Whoever travels in interstate or foreign commerce or uses the mail or any facility in interstate or foreign commerce with intent to...

(U) 18 USC § 1952 (a) (3) Otherwise, promote, manage, establish, carry on, or facilitate the promotion, management, establishment, or carrying on, of any unlawful activity, and thereafter performs or attempts to perform...

(U) 18 USC § 1952 (b) (1) unlawful activity means...prostitution offenses in violation of the laws of the State in which they are committed.

PROSTITUTION, DEFINED BY THE DISTRICT OF COLUMBIA CRIMINAL CODE

(U) Section 22-2701 of the District of Columbia criminal code states that it shall not be lawful for any person to invite, entice, persuade, or address for the purpose of

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Mr. James A. Baker Counsel, Office of Intelligence Policy and Review Re: Anwar Nasser Aulaqi

inviting, enticing, or persuading, any person or persons in the District of Columbia for the purpose of prostituion or any other immoral or lewd purpose.

(U) Section 22-2701.1. of the District of Columbia criminal code defines prostituion as engaging, agreeing to engage, or offering to engage in sexual acts or contacts with another person in return for a fee.

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SECRET Mr. James A. Baker Counsel, Office of Intelligence Policy and Review Re: Anwar Nasser Aulaqi

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{U} (S) On 11/26/01 the writer and SA interviewed (aka: in room 505 of the Washington Suites Hotel. She stated that she had been working for escort service since September, 2001. She advised that on Friday, 11/23/01 a man visited her in the evening, she described the man as tall and thin with a full beard, and polite. He claimed to be from India and employed as a computer engineer. This person stood out as somewhat suspicious because of his full beard, something that seemed out of place in America right now, given the recent terrorist attacks. could not remember this man's name. was then shown a photograph of Anwar Aulaqi, which she positively identified as the man she was speaking about. This was the first meeting between and Aulaqi. b6 b7C

{U} (S) When Anwar Aulaqi showed up at the hotel room on Friday night (11/23/01), asked to see one of his business cards to verify he was the person who called for a reservation. Aulaqi did not have a business card, instead he displayed an electronic information storage device which contained an entry with the name of a computer company. could not remember the name of the company. b6 b7C

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Mr. James A. Baker Counsel, Office of Intelligence Policy and Review Re: Anwar Nasser Aulaqi

Washington, DC in the future. Aulaqi was very polite and mentioned to [illegible] that he had seen another girl from the [illegible] escort service. He stated that he goes to Florida sometimes and that he likes to use escort services based in Florida. b6 b7C

(U) (S) [illegible] was extremely nervous during the interview. She indicated she was brand new to the adult escort business. [illegible] was advised of the requirement to maintain the confidentiality of the interview. [illegible] offered her assistance to the FBI in the future. b6 b7C

(U) (S) While returning to the office after the interview with [illegible] the writer received a telephone call from a woman identifying herself as Ms [illegible] from [illegible] Ms. [illegible] indicated that [illegible] had called her about the FBI interview and Ms. [illegible] wanted to offer her assistance to the FBI. Her offer for assistance was refused and the call was terminated. Ms. [illegible] provided a call back number for herself at [illegible] b6 b7C

(U) (S) In a follow up telephone call with [illegible] on 02/05/02 she stated that she was scared after the interview and decided to seek advice from her escort agency. Being new to the escort business, a visit from the FBI caused [illegible] great anxiety and she didn't know what to do. She stated that she was still willing to assist the FBI. [illegible] was reprimanded for notifying her agency about the interview, she advised of her intentions to leave Washington, DC as soon as possible. b6 b7C

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SECRET Mr. James A. Baker Counsel, Office of Intelligence Policy and Review Re: Anwar Nasser Aulaqi (S) b1 b3 b6 b7C (U) (S) On 02/07/02 b6 b7C b7E HOW ANWAR AULAQI'S BEHAVIOR MEETS THE CRIMINAL ELEMENTS DEFINED ABOVE I. (U) 18 USC § 1952 (a) Whoever travels in interstate or foreign commerce or uses the mail or any facility in interstate or foreign commerce with intent to... (S) b1 b3 b6 b7C SECRET//NOFORN//ORCON -14-

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Mr. James A. Baker Counsel, Office of Intelligence Policy and Review Re: Anwar Nasser Aulaqi

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Mr. James A. Baker Counsel, Office of Intelligence Policy and Review Re: Anwar Nasser Aulaqi

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SECRET Mr. James A. Baker Counsel, Office of Intelligence Policy and Review Re: Anwar Nasser Aulaqi (U) Please direct any questions regarding this request to Supervisory Special Agent or Intelligence Operations Specialist b6 b7C SECRET//NOFORN//ORCON -19-

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Mr. James A. Baker Counsel, Office of Intelligence Policy and Review Re: Anwar Nasser Aulaqi

(S) NOTE: This letterhead memorandum requests OIPR obtain approval for specific information derived from [illegible] targeting captioned subject to be used in criminal prosecution of the subject.

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APPROVED: Crim. Inv. Info. Res. Translation Crim. Jus. Info. Inspection Office of EEO Survs. Laboratory Analysis Director Finance National Sec. Office of Public & Deputy Director Gen. Counsel Personnel Cong. Affairs

(ag2) 6/4/02 6/4/02 JL/JDL

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