OIS Cases FileGate-Exhibits-10-16
Number of Pages:6
Date Created:August 16, 1999
Date Uploaded to the Library:July 30, 2013
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President and will not considered politically oriented member the President's 'team.'" After Watergate, the Congress was wary the President's political influence over the Nation's police force. sought way remove the Director the FBI and the FBI, itself, from political involvement. When Louis Freeh was appointed President Clinton 1993, immediately took steps change the internal structure the FBI. eliminated two associate deputy directors and four dozen management positions. Perhaps his most controversial move involved the appointment his closest aides. article the Los Angeles Times reported about some dissension the FBI ranks about Freeh's appointments: 509 Some the controversy emanates from Freeh's appointment triumvirate federal prosecutors knew when served the U.S. attorney's office Manhattan. named Robert Buckham, 43, chief staff; Howard Shapiro, 34, the FBPs first general counsel, and Buckham's brother, James R., 32, heads the new office for ending interagency turf fights. "He may relying too heavily the views certain group friends, includ ating clique," worries former senior Justice Depart ment official.510 Howard Shapiro met Director Freeh right out Yale Law School when first began his clerkship for Judge Leval and Director Freeh was appearing before the Judge assistant U.S. attorney major case his career known the "pizza connection" case.511 Mr. Shapiro testified that the "unusually close relationship" they developed during the course this case led Freeh requesting come work the U.S. attorney's office New York. Mr. Shapiro testified that believed that Director Freeh "assisted him being selected for the job.'' 612 Director Freeh again tapped Mr. Shapiro join him "spe cial assignment the Attorney General" investigate and pros ecute the December 1989 tragic mail bombing case that killed Judge Robert Vance. They worked closely throughout the course this case until Direct Freeh was sworn Federal district court judge. Mr. Shapiro left the U.S. attorney's office and accepted teaching position Cornell Law School but managed stay contact with then-Judge Freeh. When Director Freeh was first asked President Clinton would accept the position Director the FBI the summer 1993, sought the advice Howard Shapiro.618 Mr. Shapiro tes tified that "urged him take the job and encouraged him soe Rona Ostrow, Freeh Reign He's Eliminated Red Tape and Senior Posts, Giuen Agents More Power and Fewer Desk Jobs, Promoted International Cooperation and His Friends-In Just Months, Louis Freeh has Made Mark the FBI Indelible Edgar Haouer's, the Times Magazine, Sunday, February 1995. suDeposition Howard Shapiro, 7/30/96, 10. s12Id., ll. s1aId., 12. so." 514 return, Director Freeh told Shapiro that "expected" him "come down and work for him" the FBI which Shapiro agreed and took leave from his teaching position Cornell. Because Director Freeh had not yet formally created the office the general counsel and first had move out the current FBI career legal counsel, Shapiro began working for Director Freeh his "special counsel" for months.515 After the retirement the previous legal counsel, Shapiro began "recreate" the Office the General Counsel and immediately brought two deputies that work with his the U.S. attorney's office. Mr. Shapiro testified that and Director Freeh believed these outside attorneys "could improve the overall quality the office" since only career FBI agents had been allowed these positions before. Mr. Shapiro, deriding their experience, stated that the past the Bureau tended promote individuals "based their prediction who would the best agent."516 Mr. Shapiro immediately stopped this practice however, and filled the office with former colleagues his and the Director's. revelations numerous contacts between FBI General Coun sel Shapiro and the White House materialized, concerns about the politicization the FBI have resurfaced. learned that Shapiro had his own White House pass allowing him come and ment close friends rather than "the best agent" the center this problem. longer does the top lawyer for the FBI have allegiance the law enforcement agency whose laws has taken oath uphold. Instead the relationships created within the Office the General Counsel created allegiances the Director and his allegiances the White House that gave him his appointment. Shapiro has protested any political savvy, testifying that has had only non-political, career, Department Justice appointments, 518 and that would therefore not have any political issues mind when contact with the White House.519 Given the great attention paid the public, the media and the Congress past indiscretions the FBI its contacts with the White House, Shapiro should have been ever aware the political consequences his actions. Instead protestations that was not "competent" commit political act,520 Shapiro owed his agency and the public especially vigilant his conduct, matters involving the 5L4Jd. 515Id., 13. Mr. Shapiro described this "somewhat delicate personnel matter" that Direc tor Freeh had move out the current Assistant Director who served the Director the him. hen Assistant Director Joe distinguished career with the Bureau. "no fewer than meetings within the White House over the past month. believe that other White House, inherently political entity. The years that Shapiro spent law enforcement deny him such flimsy excuses. GENERAL COUNSEL THE FBI HAND DELIVERS GARY ALDRICH BOOK WHITE HOUSE COUNSEL condition employment the FBI, agents must sign con tract which they agree obtain clearance before publishing formation which they gain during their duties the FBI. When agent former agent seeks publish information gained while the employ the FBI, must :first submit the information seeks publish the FBI for its review. Offices within the FBI who are affected the written materials are asked review the contents and decide whether its publication would the functions the FBI. While the review days,521 records the committee the Department Justice show that process review the FBI took almost months.522 Former FBI agent Gary Aldrich had written book about his service the FBI and the White House. submitted draft his book the FBI for its review. Once Shapiro had copy Aldrich's manuscript, waited less than month hand deliver copy White House Counsel the President, Jack Quinn.523 -date,--the .white-House-has-refused-to-reveal what-it-did-with-the--book prior its publication. Justifications Shapiro's justification for his ''heads up" the White House garding Bernard Nussbaum" 1993 interview that linked the First Lady Craig Livingstone's hiring, was that the White House was "affected party." 524 did not, either deposition hearing testimony, ever indicate the Federal Bureau Investigation rule policy was adhering his conduct. Thus, the true purpose his action has not fully been explained. Similarly, while inquir ing into the reason for his White House delivery the Aldrich book, Shapiro was asked committee deposition "commu nicated the substance [the Aldrich] book [to the White House] because they were interested party?" 525 Shapiro replied, "Yep." But, hearings before the committee days later, gave more rehearsed response for the media. his opening statement before the committee hearings, Shapiro gave more lengthy explanation for his distribution the Aldrich manuscript. The first draft the book was replete with sensitive internal White House information that went their internal procedures and went White House security matters, well the-directly the result his conduct his 621Letter Mr. Jay Stephens, attorney for Agent Gary Aldrich; January 1996. OPCA maintains liaison with the authors the submitted manuscripts-and formally advises them within working dayswhether, under what conditions, approval for publication granted (as per responses from the substantive agencies). s221etter Howard Shapiro, general counsel the FBI, from Lisa Kate Osofsky, deputy gen eral counsel the FBI, July 31, 1996. 523 Shapiro deposition, July 30, 1996, 524Letter from Shapiro Chairman July 19, 1996. 626 Shapiro deposition, BS. official business. delivered copy that the White House Counsel's Office because, fact somewhat presciently advised them, could not ensure, the FBI could not ensure that .Aldrich would not forward and publish that book prior receiving clearance, and fact that what did.s2s Congressman Burton attempted obtain more detailed explanation from Shapiro about why delivered the book the White House. Congressman Burton asked: Question. What were they doing [with the book]?" Answer. knew that Mr. Aldrich could publish that document, did, without waiting for our approval, without-without concurring with our objections, and that they should know and have their hands before internal White House procedures were disseminated the world.527 First, implausible that, February this year, Shapiro anticipated that Aldrich would consider publishing his book without FBI concurrence, when Aldrich had adhered FBI policies submitting the book for review. Furthermore, strains credulity lieve that Shapiro delivered the book Quinn out concern about security: Why House Counsel's Office, which has become public relations/political entity for the President, rather than the U.S. Secret Service, whose central mission protect the security the President and the White House complex? addition the "security review" being conducted the White House, the FBI was also conducting review accordance with the employment agreement signed Aldrich upon his employment. Records obtained the committee show that the FBI had extensive consultation with Jay Stephens, former U.S. attorney, and counsel for Aldrich, regarding the prepublication review the manuscript the FBI.528 Indeed, many the concerns that the FBI had were allayed this process. Stephens, three separate occasions, sent the FBI revisions the manuscript that were made their request. Shapiro's explanation regarding the White House's security concerns simply does not survive scrutiny. know that the book was delivered February, less than days after the FBI's receipt the manuscript, and the initial meetings between the Bureau and Stephens the editing process. Why did Shapiro see the urgent need provide the pre-publication manuscript the White House, without the permission the author publisher, months before its release? Hearing testimony obtain better understanding Shapiro's motive for talring the Aldrich book the White House, Congressman Shays asked e2asecurity Files hearings, August 1996, 33. 521Id., pp. 52B Letter Howard Shapiro, general counsel the FBI, from Lisa Kate Osofsky, deputy gen eral counsel the FBI, July 31, 1996. Shapiro define "interested party." response, Shapiro gave another, detailed reason for sending the book the White House: [T]he first draft his book contained numerous lengthy passages about internal White House procedures, White House security matters and the text interviews White House people. Those-I told them that could not ensure and ultimately was unable ensure that Mr. Aldrich would comply with our requirements what material could published and what material could not, that could published any day without prior notice us, was, and that thought given how much divulged about White House processes, they needed see it.529 What Shapiro fails acknowledge that delivered the book February, well before any fears could have developed that Aldrich would publish without complete FBI approval. Shays then attempted pinpoint the reason for taking the book the White House, rather than other agencies. Mr. SHAYS. Wasn't replete with other information that would affect other people? Why did you decide should only the White House?" Mr. SHAPIRO. Who else you have mind, sir? Mr. SHAYS. Any other interested party? Mr. SHAPIRO. I'm not sure-Mr. Aldrich wrote book about his time the White House, sir, and was about the White House and the White House and the White House procedures. Mr. SHAYS. What about all the people that were mentioned, weren't they interested parties? Mr. SHAYS. How about the Secret Service, did you notify the Secret Service? would like answer.5so Shapiro did not answer the question regarding other agencies mentioned the Aldrich book, but not made aware the contents the book before was published. Moreover, the Secret Service responsible for the security the White House. Yet the Secret Service received notifications information regarding the Aldrich book from either the FBI the White House Counsel's Office. DISTRIBUTION BOOK WITHIN TEE WHITE HOUSE The first the White House see the copy the Aldrich book were Quinn and Kathleen Wallman. Apparently, the book was divided among several staff members for their review. Cheryl Mills' review Cheryl Mills, Associate Counsel the President, was given copy the Aldrich book review. She was asked about her knowledge the book deposition before this committee. 629Security FBI Files hearings, 125. saoSecurity FBI Files hearings, pp. 125-126. Question. Were you aware that Howard Shapiro had given Mr. Quinn copy Gary Aldrich's book? Answer. Yes. Question. Did you review copy that book? Answer. Portions it. Question. Were you tasked review that Mr. Quinn? Answer. think "tasking" bit strong, but maybe that always strong, whenever you are referring me. With regard the portions the book that reviewed, the question that was was whether not there were disclosures confidential information within it, and also whether not-what the impact these types disclosures would the security personnel process with people's willingness candid and open and with regard the FBI background process; and the extent that did have any implications for that process, whether not these implications were sufficient debilitative people's desire enter government and serve public servant. Question. you know anyone else the Counsel's office was given portions the book read given the book read? Answer. was only given portion, sure that others were also probably reviewing with regard disclosures nonpublic confidential information well whether not such disclosures have impact the integrity and the ability people provide candid and open and honest information the FBI the process securing being reviewed for government positions.531 Mills could give additional information about who reviewed the book and why. But Mills not the only White House lawyer questioned the committee who was assigned review the book. Christopher Cerf's review Cerf was asked about his knowledge the Aldrich book deposition before the committee. told the committee that had responsibilities for reviewing the manuscript similar those Mills. Question. you recall the circumstances your learning about [the Aldrich book], whether was meeting, counsel office meeting, outside that? Answer. was the context duties the Counsel's office. Question. Were you asked review portions the book portion the book? Answer. Yes. Question. And who asked you that? Answer. was either Kathi Whalen or-it probably was Kathi Whalen. 531Mills deposition, pp. 70-80.