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Judicial Watch • OIS Cases FileGate-Exhibits-02

OIS Cases FileGate-Exhibits-02

OIS Cases FileGate-Exhibits-02

Page 1: OIS Cases FileGate-Exhibits-02

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Federal Bureau Investigation 

FBI Director Loui Freeh today said has ordered sweeping new measures protect sensitive background investigation files from improper use prevent recurrence egregious violations privacy that occurred when the White House earlier requested and received certain FBI records. 
Freeh said took the action after intens ive FBI internal inquiry showed that the Bureau has failed adequately safeguard such records against negligent intentional misuse. 

"The inquiry shows the FBI gave inadequate protection the privacy interests persons FBI files," Freeh said. "The inquiry also found the Bureau failed make certain that agencies receiving files followed exacting privacy procedures." 

Freeh said that the inquiry's discovery egregious violations privacyw required that the FBI move promptly and firmly reform procedures and solve the problems The new protective measures are being put into place once. 
The FEI inquiry has also discovered Freeh said, that the White House has identified 408 files sought and received the White House "without ustification  Freeh said those files 

have been voluntarily surrendered the White House the FBI, 
including: 333 files June and, following a further query from the FBI," more illlproperly-sought files yesterday, June 
13. The status other White House file requests still determined. 
Freeh said the results the FBI inquiry are being given Independent Counsel Kenneth Starr, who investigating matters related the White House Travel Office. Since part the file problem relates to-the Travel Office, the FBI could not question White House employees a.bout the files and thus imited its inquiry FBI personnel, Freeh said important note, Freeh said, that the FBI report contains this finding the files requested and given the White House: "Among the unquestionably unjustified acquisitions were reports relating discharged Travel Office employees Billy Ray Dale and Barnaby Brasseux.M 

Freeh ordered the inquiry learning week ago that the White House requested and received the background file Dale1 former White House Travel Office director, months after was fired. Dale was later acquitted charges wrongdoing the Travel Office position. 
The FBI inquiry was expanded when was learned that the White House, early the Clinton Administration, also requested and received large nulnber fils officials the previous Bush Administration and other persons. addition, the FBI learned the White House requested and received the FBI file second, discharged Travel Office employee, Brasseux 
FBI General counsel Howard Shapiro directed the 
inquiry and wrote the report that was submitted Freeh today. Deputy Attorney General Jamie Gorelick concurred with Freeh' new measures prevent further privacy abuses. 
Freeh said has scrapped the long-standing former system where the White House submitted tile-request form that merely contained the typed-in name the White House Counsel, with indication who actually sought the information and who approved the request. 
Freeh said the FBI1s new safeguards include: 
--A requirement that the White House must use detailed new request form containing the actual signatures the official requesting the material and White House Counsel's Office attorney approving the request. 
--The White House officials must certify that the information sought only for official purposes and give more detailed reasons why the material needed. 

--The White House officials are put strict notice the FBI form that criminal sanctions are available for any violations the law, including false statements disclosure information violating the Privacy Act. 
--White House requests for file material must accompanied the consent the file subject White House Counsel letter the FBI General Counsel:explaining why such consent cannot obtained should not sought. 
--The FBI will make certain that high-level FBI officials will review White House information requests instead 
such requests being routinely filled low-level peronnel. For example, the FBI Office General Counsel will receive and review copy each White House request for FBI files. the past, the FBI routinely filled White House requests for copies previous background files without checking 
.see there were pending
criminal investigations t.e 
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subjects determine there are criminal investigations so, information dissemination will halted, high-level FBI officials will informed, and the matter will referred 
the Deputy Attorney General deter.mine what, any, communication should made the White House. 

Freeh said the now-scrapped ystem providing files the White House dated back the Johnson and Nixon Administrations and for decades and through many Presidents presU1Il.ably appeared that there was compliance with the 
law. Freeh said believes that over the years the FBI complied with various federal laws governing FBI release background tiles the White House and other federal agencies for security clearances and other legitimate functions. 

However, Freeh said, now clear that the system was very vulnerable misuse and that qovernment officials over several decades, including himself, had not provided adequate oversight the system, resulting now violations privacy. 

Freeh said "As FBI Director since September 1993, respons ible fer the FBI problems and shortcomings since then, and fully accept that responsibility. pledge make certain that uch problems occur again while hold this post. 
"While only learned about these problems week ago, not stand any technical defense make any excuses," Freeh said. was not vigilant enough." 
Freeh said "The prior system providing files the White House relied good faith and honor. Unfortunately, the FBI and were victimized. promise the American people that will not happen again watch." 
Freeh said also wanted stress that blame should attached the FBI research analysts who processed requests and forwarded files the White House. 

Freeh said agree completely with this finding from 

the FBI report:   these employees have i-=n way failed the FBI the FBI has surely failed them, and has failed larger 
sense institute sufficient protections effectively safeguard the very real privacy interests that we, custodians many people's files, are respons ible for protectinq.'" 
Freeh said that Howard Shapiro, the FBI's Counsel, deserves great credit for conducting thorough internal inquiry and writing comprehensive report that pulls punches. 

The report said that "As the events which prompted this inquiry reveal while have complied with all applicable law, have failed afford sufficient protection the privacy interests those whose files maintain. 
"There is, necessity, tradeoff between effectively 5erving the needs the executive agencies for the prompt provision reliable infonnation and ensuring the vigilant protection privacy," the report said. "In our drive maximize our productivity and responsiveness client agencies, have not been sufficiently attentive our own responsibilities safeguard our files against negligent intentional misuse, nor have been fficiently exacting the executive agencies serve," the report said. 
"We are, some respects, :fortunate that the recent discovery the eqrgious violations privacy which occurred here has focussed our attention upon operation which has received far too little management executive oversight," the report said. 
The report emphasized that the FBI1s inquiry began with the discovery the Dale file being sent the White House, and added: 11:tt has subsequently been admitted the White House that Dale file was one many, excess four hundred, sought from the FBI and relating employees, 5ome quite prominent, previous administrations." 
Among other things, the report said, the inquiry FBI file practices found that "It appears that over time tradition considerable deference the White House has developed." 
The report took close look White House requests for copies previous reports the period from December 
1993, February 1994. During this time, the report said, 
the Bureau "received fewer than 481 requests which bear the 
characteristics single series. 
"These requests, when parsed out from the normal 
traffic requests, arrived nearly perect alphabetical 
order--from Go--all seeking copies previous reports and 
all providing the same justification--'ACCESS (S},'" the report 
The report said that "We now know that many these 481 requests, while facially valid, were without justification 
and served official purpose. recognition this fact, the 
White House Counsel's Office has voluntarily surrendered the 
FBI more than 400 folders containing FBI records since June 

"Folders relating three hundred and thirty-three individuals were returned June 1996, the report said. "Apparantly, these era folder that had already been eLeqated and shipped the wnite House Archives because employee 
OPS [Office Personnel Security] had determined, over time, 
that these materials had been inappropriately gathered. 
"One file FBI material was returned separately Monday, June lO, 1996," the report said. Another had previously been provided the Independent Counsel]. respons further query from the FBI, folders relating additional individuals were identified having been improperly sought and were turned over the FBI June 13, 1996. . June 14, 1996, then, requests relating 408 individuals have been identified the White House having been sought without justification In addition, the status additional seventeen requests has not yet been resolved," the report said. copy the FBI report attached. 

Federal Bureau 1nvcstigation 

omc: the Gener.ii Coons.el Wo.sAinttOtl.. D.C. 20515 
June 14, 1996 


PURPOSE: obtain your approval the attached memoran dum 
hich recommends changes procedures concerning the dissemination FBI file information the White House. 

TIMETABLE: s'oon pos sible 
DISCUSSION: This forwards you memorandum captioned "The Dissemination FBI File Information theWhite House," dated June 14, 1996, which recommends chnges procedures concerningFBI background investigations put into effect imediately upon your approval. ,_, -. - -.. 
RECOMMENDATION: That you approve the proposed changes 

INFORMATION THE WHITE HOUSE result the week spent examining the process responding requests for background information and name checks from the White House and other executive agencies, recommend that you approve, and forward for the Attorney General approval the following changes procedure: That the form and manner which White House requests for information from FBI files are made changed set forth below. Had thesechanges been place, the approximately 400 files improperly obtained would never have een requested provided. ___ ------la.--Tha-t any-request .seeking--copi-es-of-o:zr --i-nformation
distilled from FBI files must accompanied either 
the consent the person whose files are being 
reviewed, letter from the Counsel the 
President through the Deputy Attorney General the 
FBI General Counsel, setting forth written 
explanation why such consent cannot obtained 
should not sought the circumstances. 

lb. That all requests the White House for information from FBI files, which had previously been submitted anonymously under the typed name the Counsel the President recent admin istrations) 
some other White House official, now require the actual 
signatures both the requesting official and 
attorney the Counsel's Office who will have reviewed and approved all requests prior their transmittal 
the FBI. The requesting officlal should certify 

Memorandum from Shapiro/L. McCormick The Director Re: The Dissemination FBI File 
Information the White House 
subj ect the criminal penalties for making false 
statement, that the information oug only for 
official purposes and should express notice that 

unauthoriz disclosure obtained may
any i.nformation vio ate Privacy Act. 

le. That greater specificity prov ided regarding the reason for the request (see attached form) 
ld. That copy each White House request for 
information from FBI files provided the FBI 
Office the General counsel (OGC) for review 
.Regardless the procedures, the FBI record check process rema ins nec essity for any effective system that accommodates the security and employment functions the White House. effective, the procedures both ends must complement each other. For these reasons, these recommendations have been coordinated with the White House Counsel's Office, which oversees the White House Office Personnel Security. That 
office must impl ement procedures the White 
House that _op.erat.e.. g.i.Y_en_these _changes----'l'he--------Counsel the Pre ide advised that will complementary procedural changes. raised procedural 
will _____ 
objection these changes, and indeed had independently arived many them. revised Form incorporating these recommended changes attached. That compl ete indices check conducted for all White House requests for information from FBI files, including when the request seeks previous reports Whenever record check reveals criminal investigation concerning the subject, dissemination any information halted and notification made the Headquarters Supervisor and FBI OGC. The Headquarters supervisor and FBIOGC will consult determine what information could disseminated without harm 
the investigation. The FBI General Counsel will the refer the 
matter the Deputy Attorney General order determine what any .information should communicated the White House 

Counsel. That written protocols developed regarding what 
information from FBI files may properly disseminated. 

Memorandum from Shapiro/L. McCormick The Director 
The Dissemination FBI File 
Information the White House That the FBI's Privacy Act routine use notice amended set forth the accompanying report, constrain and better define the boundaries appropriate routine use disseminations. That appropriate personnel meet with representatives the White House and the United States Secret Service better coordinate requests for FBI file information and reduce the incidence duplicative requests. That appropriate personnel from the FBI and the White House meet discuss retention and archiving FBI background investigation name check information the White House ensure that appropriate safeguards are place. That FBI executive management provide greater oversight the process esponging White House requests for information from FBI files. That any request the FBI which results the provision copies information from FBI files ndexed and maintained for subsequent review and retrieval. 
-- -----9 tabase regarding White House requests maintained instead magnetic medium which will permit more effective review,
analysis and audit. 
10. That the FBI establish periodic audit procedure, conducted the FBI's Inspection Division, ensure compliance 
with these recommendations.