A copy of Grassley's letter to Ashcroft follows here.
September 18, 2002
The Honorable John Ashcroft
Attorney General
U.S. Department of Justice
950 Pennsylvania Avenue, NW
Washington, D.C. 20530
Dear General Ashcroft:
I am writing to inquire about two issues: 1) Department of Justice (DoJ) policy regarding the removal of an individual from working on a DoJ contract/grant; and, 2) DoJ policy for publicly naming an individual "a person of interest."
These issues have come to the fore with recent actions by DoJ in relation to Mr. Steven Hatfill. It is my understanding that Mr. Hatfill was fired by Louisiana State University (LSU) after the Office of Domestic Preparedness (ODP) ordered the university to stop using his services for training courses that were funded by ODP grant funds.
It is important that the government act according to laws, rules, policies and procedures, rather than make arbitrary decisions that affect individual citizens. Since I have no knowledge of the information on which DoJ relied to take these steps, I have no views as to the appropriateness of DoJ's actions regarding Mr. Hatfill.
I write to understand better the policy and procedure of DoJ for requesting the removal of an individual working on a DoJ contract/grant as well as DoJ publicly naming an individual "a person of interest."
I. REMOVAL FROM GOVERNMENT CONTRACT/GRANT
1. Does the federal government or DoJ, and specifically the ODP, have laws, rules, policies, standards or guidelines that pertain to the ability or discretion to order a grant recipient to not allow a person to continue working on a program funded by DoJ? If so, please provide them in your response. I would ask that you also please provide the names and titles of all decision makers in this process at ODP and DoJ. In addition, please detail what actions by an individual would rise to the level to justify removal from a DoJ contract/grant.
2. Does this policy provide for an appeals process? If so, please describe it.
3. Please describe both the type of evidence as well as the evidentiary standard that is relied upon for decisions to order a grant recipient not to use a person's services in a program that receives DoJ funds.
4. Please provide a detailed description of other instances in which a Justice Department official in the last three years has ordered a grant recipient not to employ a person in a program funded by a DoJ grant. This description should include the name of the DoJ official who made the decision, the recipient of the grant, the title of the program using the grant and the reason for the decision.
II. PUBLICLY DESIGNATING "A PERSON OF INTEREST"
News reports have quoted anonymous law enforcement officials, particularly at the FBI, as saying that Mr. Hatfill is "a person of interest." However, in response to a question about the use of the term "a person of interest," an FBI spokesman, Special Agent Chris Murray of the Washington Field Office, said, "I have no idea where that came from. I've seen it in the press, but no one in the FBI that I know has ever used that," according to an August 15, 2002, article in the Los Angeles Times.
However, during television interviews you conducted on August 6, you called Mr. Hatfill "a person of interest" (CBS, The Early Show, transcript) and "a person that ? that the FBI's been interested in," (NBC, Today show, transcript). Also, during a news conference at the Peter Rodino Federal Building in Newark, NJ, on August 22, you are quoted as saying that Mr. Hatfill is "a person of interest to the Department of Justice," according to an article in The Record newspaper editions of August 23. These statements appear to defy long-standing policy not to publicly name a person under investigation unless he has been indicted, is wanted for questioning, or is being sought under the authority of an arrest warrant.
1. Please define what is meant as "a person of interest" and how that is different from a "suspect." Does DoJ/FBI have a definition for the phrase "a person of interest?"
2. What are DoJ/FBI policies and procedures for deciding that someone should be publicly named as "a person of interest?" Please provide copies of any policy, procedures or other DoJ/FBI guidance in this manner. Specifically, who are the decision makers in this process? Please provide their names and titles.
3. Please describe both the type of evidence as well as the evidentiary standard that is relied upon for deciding to name someone publicly as "a person of interest."
4. Please provide examples of any other individual that was publicly named as "a person of interest" by DoJ/FBI in the last three years.
5. Does the DoJ/FBI intend to continue to publicly name individuals "a person of interest?"
I would appreciate the requested documents and the answers to my questions by September 30, 2002. If you or your staff have any questions, please contact John Drake of my staff at (202) 224-5315.
Sincerely,
Charles E. Grassley
Ranking Member
Subcommittee on Crime and Drugs