Mr. President, I rise today to speak about my oversight efforts with the FBI. As many of my colleagues know, I have been trying to improve the FBI for years. Sometimes that means investigating problems that some people would rather coverup. But there is nothing like sunshine to fix what's wrong. I do this not because I'm against the FBI, but because I want it to work well and work right so our country is protected.
Back in February, I stood here to talk about the FBI Reform Bill. This bill, introduced by Chairman Leahy and myself, will help bring more security and accountability to the FBI. Let me highlight some key points. For security, it strengthens the FBI police and creates a polygraph program and careers for internal security officers. This is important - it hasn't been that long since probably the worst spy in FBI history, Robert Hanssen, was uncovered.
For accountability, it ends the double standard in discipline that allowed senior bureaucrats to escape punishment. It also gives whistleblower protection to FBI agents, so others like Coleen Rowley can come forward with the truth.
I think the Attorney General and the FBI Director are working hard to reform and improve the FBI, but this bill will help ensure that reform happens. In fact, the Justice Department asked for several of the provisions in this bill
The Judiciary Committee approved this bill unanimously back in April. Since then, it's been in limbo. There is now a hold on this bill. We need to put a stop to the backroom squabbles and put national security first.
A few parts of the bill were included in the DOJ Reauthorization Act last week. I appreciate that the IG's authority to investigate the FBI is now codified, and I'm sure the FBI appreciated the help for their police force. That's all nice, the heart of the FBI Reform Bill was left out – and that is whistleblower protection and ending the double-standard in discipline.
Mr. President, I have outlined why this bill is important. Now I think the example I have will help people understand why we need to act on the legislation soon.
Quite recently, my staff was shown a Tiffany crystal paperweight globe. This globe, which sells for $100 to $200, was wrapped in an evidence bag.
What does this have to do with the FBI? Well, the answer is this globe was stolen from Ground Zero. I don't think I have to explain how disgraceful that is. It's not only illegally taking evidence from a crime scene, but it's stealing from hallowed ground where thousands of people died on September 11. There have already been a number of prosecutions for removing items from Ground Zero. There is no question this is wrong.
But in this case, the globe was taken by FBI agents. That's right. I am sorry to say it was taken by FBI agents. Agents from the Minneapolis Division took it back with them and gave it to a secretary in the office, as if it was some memento from a trip.
How do I know this? Because an FBI agent decided to blow the whistle after her superiors wouldn't do anything about this. Agent Jane Turner of the Minneapolis office was investigating a company for stealing items from Ground Zero. Then she discovers that other FBI agents did the very same thing.
In fact, it was one or more agents from the Evidence Response Team that took the globe. The ERT is supposed to secure and collect evidence at a crime scene. Their job is to preserve the integrity of a crime scene, not take from it and disrupt it.
When Agent Turner told her supervisor, he said he already knew about it and it wasn't a big deal. Well I do think it's a big deal. I think it's outrageous. And I suspect that the loved ones of the 9-11 victims would think this is an outrage.
I think someone should have tried to find a relative for the person who had this globe and probably died. Maybe some people who work at these scenes think that taking something is OK, like it's a trophy for their hard work. But I don't think so, and it's against the law.
This makes me wonder what else these agents stole, if they were generous enough to give an expensive crystal globe to a secretary. This is the kind of behavior from a law enforcement agency that could backfire and hurt the case against criminals.
For example, if a company were to do the same thing, steal something from Ground Zero, they might argue in court that the FBI did it, so it must be OK and why can't we do it. So taking this from Ground Zero was not only wrong, but it could really hurt a prosecution.
Because Agent Turner couldn't get results in the FBI, she had to bring this to my staff and Chairman Leahy's staff. Because of the severity of the situation, it was decided that she report to the Justice Department Inspector General for a criminal investigation. Fortunately, Agent Turner was able to recover the globe and bring it to the IG in a sealed evidence bag.
I have also learned of other problems with the FBI Minneapolis office. The company under investigation for stealing from Ground Zero has a former FBI agent from that office on the payroll. I am told that this former agent still has access to the FBI office, even though he could be learning about the case against his new employer. That's a big security problem.
I think there's more to the investigation of this company that a one time theft. I understand that the FEMA Inspector General is investigating the company's work at several cleanup sites for potential fraud. I have also been informed that the former FBI agent on this company's payroll has been giving Vikings tickets to his former FBI colleagues. That appears to be a violation of government ethics rules. The former agent has an interest in his employer, the company under investigation, getting off. And these gifts could influence his FBI friends. If this is what's going on, then that's a big problem.
What does this have to do with the FBI Reform Bill? Agent Turner's disclosures to the committee are not protected. The FBI knows they could retaliate. It's the same thing that happened with Agent Coleen Rowley from Minneapolis. She was not retaliated against because of media attention and the Director's promise.
But that's not going to happen every time. FBI agents can't always take the risk that comes with blowing the whistle. There has to be protection in the law, and that's what the FBI Reform Bill does. In this case, chairman Leahy and I wrote to the Director asking for his assurance that Agent Turner won't get hit with retaliation, but we haven't gotten an answer back yet.
This bill also will put an end to the double-standard in discipline, where senior officials get away with misconduct and coverups, while rank-and-file agents get punished for the same thing. This hurts the morale of the FBI.
And how do we know about these problems? Because of whistleblowers. Agents John Roberts, Frank Perry and Patrick Kiernan, and former agent John Werner all testified about this scandal last summer. This bill is only the first step to fix it, but the bill hasn't gone anywhere. These agents stuck their necks out to explain what's wrong with the FBI to Congress and the public. But the Senate has ignored them.
I know all this might be embarrassing for the FBI. But stealing is wrong, especially from Ground Zero, and there has to be consequences. I think the FBI agents in the field around the country do a great job. I've found that the big FBI mistakes over the years usually come from headquarters.
In this case, it looks like there are a few bad apples who did something wrong. And no one wanted to deal with it, so Agent Turner had to blow the whistle. If we don't have the FBI Reform Bill, we won't have whistleblowers like Jane Turner and Coleen Rowley who expose hidden problems that need to be fixed. Without the bill, agents in the field will still think senior bureaucrats are held to a different standard.
Without the bill, FBI internal security won't be the best it can be, which means the FBI will be more vulnerable and less effective, and that hurts national security. Mr. President, this is not about politics. It's about improving the FBI and national security, and about making sure truth, fairness and justice prevail.