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S. HRG. 107–920 OVERSIGHT HEARING ON COUNTERTERRORISM HEARING BEFORE THE COMMITTEE ON THE JUDICIARY UNITED STATES SENATE ONE HUNDRED SEVENTH CONGRESS SECOND SESSION JUNE 6, 2002 Serial No. J–107–83 Printed for the use of the Committee on the Judiciary ( U.S. GOVERNMENT PRINTING OFFICE 86–517 PDF WASHINGTON : 2003 For sale by the Superintendent of Documents, U.S. Government Printing Office Internet: bookstore.gpo.gov Phone: toll free (866) 512–1800; DC area (202) 512–1800 Fax: (202) 512–2250 Mail: Stop SSOP, Washington, DC 20402–0001 VerDate 0ct 09 2002 15:07 Oct 06, 2003 Jkt 089324 PO 00000 Frm 00001 Fmt 5011 Sfmt 5011 S:\GPO\HEARINGS\86517.TXT SJUD4 PsN: CMORC COMMITTEE ON THE JUDICIARY PATRICK J. LEAHY, Vermont, Chairman EDWARD M. KENNEDY, Massachusetts ORRIN G. HATCH, Utah JOSEPH R. BIDEN, JR., Delaware STROM THURMOND, South Carolina HERBERT KOHL, Wisconsin CHARLES E. GRASSLEY, Iowa DIANNE FEINSTEIN, California ARLEN SPECTER, Pennsylvania RUSSELL D. FEINGOLD, Wisconsin JON KYL, Arizona CHARLES E. SCHUMER, New York MIKE DEWINE, Ohio RICHARD J. DURBIN, Illinois JEFF SESSIONS, Alabama MARIA CANTWELL, Washington SAM BROWNBACK, Kansas JOHN EDWARDS, North Carolina MITCH MCCONNELL, Kentucky BRUCE A. COHEN, Majority Chief Counsel and Staff Director SHARON PROST, Minority Chief Counsel MAKAN DELRAHIM, Minority Staff Director (II) VerDate 0ct 09 2002 15:07 Oct 06, 2003 Jkt 089324 PO 00000 Frm 00002 Fmt 5904 Sfmt 5904 S:\GPO\HEARINGS\86517.TXT SJUD4 PsN: CMORC C O N T E N T S STATEMENTS OF COMMITTEE MEMBERS Biden, Hon. Joseph R., Jr., a U.S. Senator from the State of Delware ............... 68 Cantwell, Hon. Maria, a U.S. Senator from the State of Washington ................ 61 DeWine, Hon. Mike, a U.S. Senator from the State of Ohio ................................ 47 Durbin, Hon. Richard, a U.S. Senator from the State of Illinois ......................... 57 Edwards, Hon. John, a U.S. Senator from the State of North Carolina ............. 64 Feingold, Hon. Russell D., a U.S. Senator from the State of Wisconsin ............. 43 Feinstein, Hon. Dianne, a U.S. Senator from the State of California ................. 36 Grassley, Hon. Charles E., a U.S. Senator from the State of Iowa ..................... 24 Hatch, Hon. Orrin G., a U.S. Senator from the State of Utah ............................ 4 Kennedy, Hon. Edward M., a U.S. Senator from the State of Massachusetts ... 21 prepared statement .......................................................................................... 287 Kohl, Hon. Herb, a U.S. Senator from the State of Wisconsin ............................ 28 Kyl, Hon. Jon, a U.S. Senator from the State of Arizona .................................... 39 Leahy, Hon. Patrick J., a U.S. Senator from the State of Vermont .................... 1 prepared statement .......................................................................................... 289 Schumer, Hon. Charles E., a U.S. Senator from the State of New York ............ 50 Sessions, Hon. Jeff, a U.S. Senator from the State of Alabama .......................... 54 Specter, Hon. Arlen, a U.S. Senator from the State of Pennsylvania ................. 31 Thurmond, Hon. Strom, a U.S. Senator from the State of South Carolina ........ 338 WITNESSES Fine, Glenn A., Inspector General, Department of Justice, Washington, D.C. .. 11 Mueller, Robert S., III, Director, Federal Bureau of Investigation, Department of Justice, Washington, D.C. ............................................................................... 8 Rowley, Colleen M., Chief Division Counsel, Federal Bureau of Investigation, Department of Justice, Washington, D.C. .......................................................... 76 QUESTIONS AND ANSWERS Responses of the Department of Justice to questions submitted by Senator Feingold (July 21, 2003) ...................................................................................... 107 Responses of the Department of Justice to questions submitted by Senators Leahy, Cantwell, Kohl, and Sessions (July 22, 2003) ....................................... 122 Responses of the Department of Justice to questions submitted by Senators Leahy and Cantwell (August 29, 2003) .............................................................. 189 Response of Coleen M. Rowley to a question submitted by Senator Feingold ... 205 Responses of Glenn A. Fine to questions submitted by Senators Leahy, Cant- well and Feinstein ................................................................................................ 210 SUBMISSIONS FOR THE RECORD American Civil Liberties Union, Marvin J. Johnson, Legislative Counsel, Washington, D.C., analysis ................................................................................. 210 Associated Press, Doug Simpson, June 4, 2002, article ....................................... 231 Center for Democracy and Technology, Jerry Berman, Executive Director, Washington, D.C., observation ............................................................................ 232 Department of Justice: John E. Collingwood, Assistant Director, Office of Public and Congres- sional Affairs, letter ...................................................................................... 236 Coleen M. Rowley, Special Agent and Minneapolis Chief Division Coun- sel, letter ........................................................................................................ 240 paper, June 5, 2002 .......................................................................................... 253 (III) VerDate 0ct 09 2002 15:07 Oct 06, 2003 Jkt 089324 PO 00000 Frm 00003 Fmt 5904 Sfmt 5904 S:\GPO\HEARINGS\86517.TXT SJUD4 PsN: CMORC IV Page Federal Bureau of Investigation: memorandum, May 18, 1998 ........................................................................... 259 instruction to all field offices, April 4, 2001 ................................................... 260 Fine, Glenn A., Inspector General, Department of Justice, Washington, D.C., prepared statement .............................................................................................. 274 Leahy, Hon. Patrick J.: letter (October 25, 2001) and attachment ...................................................... 293 letter (November 8, 2001) and attachment .................................................... 296 Leahy, Hon. Patrick J. and Hon. Charles E. Grassley, letter and attachment .. 299 Mueller, Robert S., III, Director, Federal Bureau of Investigation, prepared statement .............................................................................................................. 303 New York Times, June 6, 2002, editorial .............................................................. 322 Rowley, Coleen M. Rowley, Special Agent and Minneapolis Chief Division Counsel, Federal Bureau of Investigation, prepared statement and attach- ment ...................................................................................................................... 324 Washington Post, Adam Nossiter, June 3, 2002, article ...................................... 346 Wellstone, Hon. Paul D., a U.S. Senator from the State of Minnesota, pre- pared statement ................................................................................................... 349 VerDate 0ct 09 2002 15:07 Oct 06, 2003 Jkt 089324 PO 00000 Frm 00004 Fmt 5904 Sfmt 5904 S:\GPO\HEARINGS\86517.TXT SJUD4 PsN: CMORC OVERSIGHT HEARING ON COUNTERTERRORISM THURSDAY, JUNE 6, 2002 UNITED STATES SENATE, COMMITTEE ON THE JUDICIARY, Washington, D.C. The Committee met, pursuant to notice, at 9:34 a.m., in Room SH–216, Hart Senate Office Building, Hon. Patrick J. Leahy, Chairman of the Committee, presiding. Present: Senators Leahy, Kennedy, Biden, Kohl, Feinstein, Fein- gold, Schumer, Durbin, Cantwell, Edwards, Hatch, Grassley, Spec- ter, Kyl, DeWine, Sessions, and Brownback. STATEMENT OF HON. PATRICK J. LEAHY, A U.S. SENATOR FROM THE STATE OF VERMONT Chairman LEAHY. Just so people understand what we are going to do here today, we are going to have two panels. Mr. Fine, good to have you here, too. The Director of the FBI and then the Inspec- tor General Glenn Fine will testify. We will have questions there. Once this panel is finished, we will go off and take a break, and then we will do the second panel, which will be Ms. Rowley. I would note that I have been reminded that there will be a vote around 11 o’clock. We will take a break at that time for about 10 minutes just to go and vote and come back. Last week FBI Director Mueller and Attorney General Ashcroft made some extraordinary and, actually in the case of the Attorney General, unexpected announcements of changes in the organization of the FBI and the guidelines for its administration. Now, the Congress and the administration share a common goal. The goal, of course, is ensuring the safety and security of our coun- try. I look forward to hearing from the Department and the FBI why these changes are necessary, the changes they propose, to pre- vent future terrorist attacks. And they may be right, but this over- sight Committee has both a duty and a responsibility to review these changes and their justification. Ten days earlier, Inspector General Glenn Fine issued a critical report on the handling of visas of two 9/11 hijackers by the Immi- gration and Naturalization Service and made 24 recommendations to address deficiencies in INS practices and procedures. These sug- gestions, too, may be justified, and this oversight Committee has the job of examining whether identified deficiencies
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