The Honorable John Ashcroft
The Honorable Robert S. Mueller
Attorney
General
Director
United States Department of
Justice Federal Bureau of Investigation
950
Dear Attorney General Ashcroft
and Director Mueller:
We are writing to inquire and
express concern about the Federal Bureau of Investigation's (FBI) continued
targeting of Special Agent Robert Wright, a situation we had hoped and believed
had been resolved after we raised the issue last year. Unfortunately, we
have learned that the Justice Department (DOJ) has now inserted itself into the
matter. Specifically, counsel for Agent Wright has informed us that the
DOJ Office of Professional Responsibility (DOJ OPR) intends to interview Agent
Wright this month regarding unspecified allegations.
As Director Mueller will recall,
we wrote with concerns about Agent Wright's predicament on
Recent internal documents of the
FBI provided to the Senate Judiciary Committee escalate our concerns about
retaliation against Agent Wright.
According to the documents,
after Agent Wright completed his June 2, 2003 press conference, the top two FBI
OPR officials at the time discussed their plan to "take him out," for
his public appearance and comments on a network television news program.
The materials provided to us
include a summary of observations by former Special Agent John Roberts, who
served as a Unit Chief in FBI OPR, and his wife Brenda, who served as a
secretary in FBI OPR. FBI OPR officials sought to involve Mr. Roberts in
the investigation against Agent Wright, but Mr. Roberts raised objections and
concerns about the manner in which OPR officials were conducting themselves and
the investigation.
The documents reflect that Mr.
Weis instructed Mr. Roberts to open the case against Agent Wright in such a way
that the Justice Department Office of Inspector General (DOJ OIG), which has
the right of first refusal on all FBI allegations, would not initiate its own
investigation, thus leaving the matter within the FBI. Mr. Weis also said
that Mr. Jordan had already decided "to propose SA Wright for
dismissal," based on their belief that Agent Wright committed insubordination,
without even conducting an investigation.
According to the documents, when
Mr. Roberts reviewed the allegation and information, he determined "there
was no predication to open a case" in FBI OPR at headquarters. At
most, the documents stated, the matter called for an investigation by the
Chicago Field Office, where Agent Wright worked.
There are other irregularities
raised by the documents. For example, FBI OPR officials allowed two
persons interviewed in the investigation to review the FBI written summary
(FD-302s) of their interview, even though FBI practice does not permit this.
Mr. Roberts' documents also
reflect that an Assistant Special Agent-in-Charge (ASAC) of the
In addition to raising concerns
about the handling of Agent Wright's situation, the documents provided contain
other alarming information about questionable practices and incidents within
FBI OPR. One such incident was a cheating scandal at the
The continuing investigation of
Agent Wright, and a
Given our shared concerns about
FBI reform and the treatment of FBI whistleblowers, we must get to the bottom
of this situation quickly. We would appreciate answers to the following
questions by
1) Do you consider the
actions of Mr. Jordan and Mr. Weis regarding Agent Wright to be appropriate and
in accordance with FBI standards of conduct? What action, if any, is
being taken regarding the way they conducted the investigation?
2) When and why was the
investigation against Agent Wright moved to DOJ OPR?
3) Why did Mr. Weis allow
two interviewees in the investigation of Agent Wright to review FBI documents
of their interview summaries with FBI OPR? Did either of them request
changes to the interview summaries, and did the FBI comply? Please
provide the initial draft of their FD-302s, and the final copy after they
reviewed them. Is it standard practice and/or procedure at the FBI to allow
witnesses or interviewees in OPR cases to review their FD-302s? Please
list any other incidents of this occurring in the past five years.
4) Did any FBI official grant
permission for agents in the Chicago Field Division to speak to one or more
reporters about Agent Wright, as the Chicago ASAC requested on
5) Do you believe the FBI
Academy SAC made an appropriate decision by verbally admonishing the two
students who were alleged to have cheated, as opposed to taking more severe
disciplinary action against them, such as expulsion? Was the SAC's decision consistent with the FBI's zero-tolerance for
lying, cheating and stealing, and the FBI's motto of "Fidelity, Bravery, Integrity"?
6) Also, the end of Mr. Roberts'
letter mentions documents that are interview summaries (FD 302s) of Jeffrey
Howard, former Principal Assistant Deputy Attorney General and Chief of Staff
for the Deputy Attorney General at DOJ (Sept, 22, 1995), and of Director
Mueller, formerly an AUSA (Sept. 21, 1995). Please provide these documents
as well.
We thank you in advance for your
cooperation.
Sincerely,
Patrick
Leahy
Charles
RANKING
MEMBER
MEMBER
cc:
Senator Orrin Hatch
Chairman
Senate Judiciary Committee