New Retaliation against FBI Agents, Committee Witnesses

Dear Director Mueller:

We look forward to your appearance before the Senate Judiciary Committee on July 23, 2003. We trust that one subject that will be addressed at the hearing is our well-known concern over the treatment of FBI employees who have legitimate and vindicated complaints regarding double standards, mismanagement, abuse of authority, or substantial and specific dangers to public health or safety. Simply put, these public servants should be able to voice their concerns, just as other federal government employees can, without fear of reprisal.

Indeed, the purpose of this letter is to alert you to recent and troubling developments involving two FBI managers, Supervisory Senior Resident Agent Frank Perry and Special Agent Patrick Kiernan, both of whom testified in July 2001 about internal problems within the FBI only days before your own confirmation hearing. In the past several weeks, both have sought refuge from the recently empowered Justice Department Office of Inspector General, which now has jurisdiction to investigate FBI misconduct. They have independently alleged that they have experienced retaliation for their commitment to right internal wrongdoing at the FBI. In this regard, they join Unit Chief John Roberts, the only other agent who testified at the July 2001 hearing, who has also endured documented retaliation for his cooperation with this Committee's oversight function.

We appreciate the pledge you made to listen carefully to internal criticism of the Bureau with an eye toward reform, and the promise you made that the messengers not be blamed or punished. All too often, after unselfishly putting their careers on the line to seek and tell the truth, without any motive of personal or other gain, these courageous individuals endure reprisals ? sometimes subtle, sometimes overt. These employees work in separate offices and do separate jobs within the FBI, yet are having disturbingly similar experiences that bear the unmistakable mark of retaliation. When they should be applauded, they have been chastised and even vilified.

The oversight function of the Senate Judiciary Committee is important and critical to the work of Congress, to the public and especially to the FBI. We rely on frank and honest answers. If public servants who testify before Congress are retaliated in exchange, we are hampered in our work. We are committed to supporting the FBI's efforts at reorganization and its paramount mission of protecting the nation from acts of terrorism. If the resources of the FBI and the Committee ? including the hearing on July 23 ? must constantly focus on what should be basic rights of government employees to freely challenge government misconduct, then other critical FBI issues will receive less oversight and attention.

We elicited assurances from Attorney General Ashcroft following the testimony of Agents Perry, Kiernan and Roberts two summers ago that there would be no retaliation for their cooperation with Congress. Our resolve to ensure their protection is no less today. We urge you to send the right message to the Bureau and that you expressly forbid any adverse actions, direct or indirect, against these employees. We seek your personal promise that the FBI will fully cooperate with the Committee and the Office of Inspector General in these important matters to include authorizing Agents Perry, Kiernan and Roberts to be interviewed by our staff.

Sincerely,