Sen. Chuck Grassley today asked the FBI to spell out its plans for reprimanding agents who improperly removed items from the site of the September 11 terrorist attack in New York City.
"Some private contractors have been prosecuted for taking items from Ground Zero, but so far, not a single FBI agent has been prosecuted. That's a double standard," Grassley said. "Findings of the inspector general show two things: disrespect for the people who lost their lives that day and disregard for crime-scene evidence. The FBI needs to make the necessary internal reforms so that its agents are held to the highest standard, in addition to abiding by the letter of the law. The FBI should be a model of integrity."
Last night, NBC News reported that the FBI has a new policy and that agents will no longer be allowed to take anything from a crime scene. Grassley said this response "misses the point, in part" because it overlooks existing theft statutes. Indeed, the inspector general noted in that the FBI agent who removed 80 pounds of material from the site of the World Trade Center towers was not referred for prosecution or, if he was, prosecution was declined. It was also unclear if the agent who had a supervisory role at the site, and who took more material than the 11 other agents who took items, was referred for prosecution. At the same time, individuals without the status of FBI agents were prosecuted.
Grassley praised the FBI whistleblower, former Minneapolis agent Jane Turner, for being the first to have "the courage to stand up alone, in the face of resistance, and say what happened with removal of items from Ground Zero was wrong."
In a letter sent today, Grassley also asked the Director of the FBI to describe how the law enforcement agency will respond to additional misconduct problems identified by the Inspector General for the Department of Justice. The text of that letter follows here.
February 26, 2004
The Honorable Robert S. Mueller III
Director
Federal Bureau of Investigation
935 Pennsylvania Avenue, NW
Washington, DC 20535
Dear Director Mueller:
The purpose of this letter is to express concern about the findings of a report by the Justice Department Office of Inspector General (OIG) regarding allegations that Federal Bureau of Investigation (FBI) agents improperly removed items from the site of the 9-11 terrorist attack in New York City. I am also writing to inquire about what action, if any, the FBI has taken, is taking or plans to take about the misconduct of agents, and the broader systemic problems highlighted in the report.
This investigation was initiated after FBI Agent Jane Turner of the Minneapolis Division reported to the OIG that another agent, who was a member of the Division's Emergency Response Team (ERT), had taken a Tiffany & Co. crystal globe from the site of the 9-11 terrorist attack in New York City. As a sworn federal agent, Agent Turner had a duty and obligation to report such misconduct. Her reward was continued hostility, and the FBI eventually initiated termination proceedings against her. While the FBI maintains this action was not in response to her disclosures of misconduct, I find this doubtful. Moreover, the appearance of retaliation is, unfortunately, consistent with what has happened to previous FBI whistleblowers.
I hope you share my alarm that the OIG not only confirmed Agent Turner's allegation, but it also determined her disclosure was just the tip of the iceberg about FBI agents filching from the hallowed ground of that terrible terrorist attack. Many other agents, including supervisors, participated in or condoned what I can only describe as graverobbing. This ghoulish practice by a few agents tarnishes the integrity of the FBI in the eyes of the public and demands a strong response from you.
The OIG's report of investigation – case number 2002008741, dated Dec. 16, 2003 – made several troubling findings. First, regarding the Minneapolis Division, a member of the Minneapolis Division's ERT did indeed take the globe and give it to a secretary, thus committing misconduct. Additionally, most of the other members of the team knew the agent had taken the globe, but did not report the act. Also, at least four other members of the team took some small items from the evidence and rubble examination site, at the Fresh Kills Landfill in Staten Island, NY. Swiping the globe had other negative ramifications in Minnesota, the report noted. A federal prosecutor declined to prosecute a civilian suspected of stealing a fire truck door from Ground Zero. The prosecutor told the OIG the fact that an agent took a globe from the site hurt the case against the civilian, and it was a factor in the prosecutor's decision not to indict.
Second, at Ground Zero and Fresh Kills, the OIG also found that an agent with a supervisory role lacked candor in his statements to the OIG and the FBI's Office of Professional Responsibility (OPR), violating the FBI's "bright line" policy that calls for a zero tolerance policy for lying, cheating and stealing. The agent gave inconsistent statements and failed a polygraph regarding, among other things, whether he told other agents they could remove items from Fresh Kills, and whether he gave items from the site to a former high-ranking official from the FBI's New York Division. That agent was one of 11 agents who the OIG determined took items from Ground Zero or Fresh Kills, though he took more items than the 11 other agents, including an elevator wheel, airplane spare tires, a fire truck door, four police cruiser doors, melted guns, airplane pieces, lamp posts, street sign, eight American flags, a World Trade Center observation deck plate, and other items. The OIG report also noted that FBI OPR had found another agent committed misconduct – "poor judgement" – by removing about 80 pounds of material from Fresh Kills. This agent received a suspension of 10 days.
With the exception of a few agents who removed items, the FBI's New York Division is to be commended for its agents and employees taking a strong stand against the removal of items from Ground Zero and Fresh Kills. The report noted that one agent, in three separate incidents, stopped other FBI employees from taking items from the sites, and wrote to management officials in her division about the problem.
Third, the OIG report made troubling findings about the FBI as a whole regarding the removal of non-evidentiary items from the crime scenes of major investigations and incidents. In short, the FBI did not have written policies, procedures or rules against acts – taking "souvenirs," "mementos," or other items – that are against the law, can be prosecuted and have been prosecuted. As a result, perhaps, swiping mementos from crime scenes has become a long-standing practice of FBI agents, the OIG found. Also, there was a lack of oversight and clear chain of command at the Fresh Kills site, which agents called chaotic and unorganized.
It is important the FBI respond to the misconduct and problems. For the two agents that the OIG found to have committed misconduct, please state what discipline, if any at this point, has been imposed. If discipline has not been imposed, please inform me when it has, and what the level of discipline is. If the FBI decides not to discipline these persons, please explain and justify the decision.
For all the other agents the OIG found in its investigation to have taken items from Ground Zero or Fresh Kills, please state what discipline, if any at this point, has been imposed. If discipline has not been imposed, please inform me when it has, and what the level of discipline is. If the FBI decides not to discipline these persons, please explain and justify the decision.
For any FBI employees who knew of others, or were otherwise complicit in, taking items from Ground Zero or Fresh Kills, please state what discipline, if any at this point, has been imposed. If discipline has not been imposed, please inform me when it has, and what the level of discipline is. If the FBI decides not to discipline these persons, please explain and justify the decision.
Please provide any policies, procedures, rules or Electronic Communications (EC) the FBI has created or initiated regarding the removal of non-evidentiary since the OIG started its investigation. Please describe in detail any other actions the FBI is taking in response to the findings of the OIG investigation.
Last, the lack of prosecution of any FBI agents to date raises the appearance of a double standard. The OIG noted that federal prosecutors in the United State's Attorney's Office for the Southern District of New York declined to prosecute the agent who removed the globe from the site. It appears from the OIG report that the agent who removed 80 pounds of material was not referred for prosecution, or, if he was, prosecution was declined. It is also unclear if the agent who had a supervisory role at the site, and took more material than the 11 agents, was referred for prosecution. In contrast, persons who do not hold the status of FBI agent, but who stole or removed items from Ground Zero or Fresh Kills, have been prosecuted. For example, Louis Senecal III pleaded guilty to charges and received a suspended 30-day jail term, was placed on probation for one year and was ordered to complete 40 hours of community service, according to a June 19, 2002 Associated Press report. Mr. Senecal and his father had been charged with two counts of receiving stolen property. The article reports that police said the father and son "took the items as souvenirs..." (emphasis added).
For the two employees the OIG found to have committed misconduct, the more than a dozen other agents who also removed items, and any other agents who removed items from Ground Zero or Fresh Kills, please state whether you believe any of them should be referred for prosecution, have been referred for prosecution or will be referred for prosecution. In your answer, please list each individual employee and the status, if any, of prosecution, such as referred but pending, declined, charges filed, or you intend or believe they should be referred for prosecution. Also, I ask that you consult with the Justice Department and report back whether prosecutors elect to prosecute, or decline to prosecute, the FBI employees described above. For each referral that prosecutors decline, please provide the declination letter.
The actions of the agents described in the report are not representative of the FBI. In fact, they are an aberration from the high standards and integrity that the overwhelming majority of agents exhibit every day. But the unseemly and ghoulish graverobbing and filching does cast shame on the FBI as an institution in the eyes of the public, and that warrants a strong response.
I would appreciate a reply to this letter with the answers to these questions by Friday, March 19, 2004. I thank you in advance for your cooperation.
Sincerely,
Charles E. Grassley
Member
cc: The Honorable Glenn Fine, Inspector General