Tearful FBI Agent Apologizes To Sept. 11 Families and Victims

CNSNEWS.com ^ | 5/30/02 | Jeff Johnson

[GeorgeHL]

Thank God there is another man in this forum.

[GeorgeHL]

we keep expecting the Republicans to be any different than the Democrats! George Wallace was quick to point out there is not a dimes worth of difference between the two. It's all POLITICS and POLITICS is getting elected and staying in office! Thats why we will never see TERM LIMITS for Congress.

[newcats]

Why, when I do a search for FBI, does nothing come up? This is a serious question.

What are you using to search with? Yahoo produced at least 178 sites...google about the same.
Are you using AOL or somethin'? :)

[newcats]

I can answer that. The search engine will not search for words under four letters long.

I don't know which search engines you guys are using, but I have worked with them for the past 6 years, and none of the major ones have a limit on the length of search letters.

[hellinahandcart]

We are talking about the FR search engine. The one at the top of "latest posts" that you use to search FR.

[Freedom'sWorthIt]

Your post #55 has some interesting points. Would you care to elaborate? The people who can do something about what may be in the works against this country - do you mean our military (God bless every one of them) or do you mean our law enforcement agencies (this is where we have our biggest problem from the FBI mess --- for which I blame primarily the liberals in the Congress and the Clinton administration).

I agree with you that everybody getting in the way of stopping the terrorists needs to get out of the way and let the people who know what to do, do their jobs. But how do we keep the media traitors and the political traitors (those who would LIKE TO SEE WWIII if it means their power grab succeeds)? If you have a solution or suggestions to improve the situation, I would like to hear it.

[exmarine]

My response to the FBI agent is: "We forgive you. You're fired." When is Bush going to start holding incompetents and haters of America to account!?? Bush is seemingly afraid to step on anyone's wittle toes. We need someone who will step up and fight these pathetic clinton cronies and appointees and liberal bureaucrats who thwart everything conservatives try to do. It's time to clean house - now we just need to find a president who has the guts to do it. I WANT MY COUNTRY BACK.

[newcats]

We are talking about the FR search engine. The one at the top of "latest posts" that you use to search FR.
Sorry for the misunderstanding...

[onedoug]

Less in circumstance than degradation.

[Joe Driscoll]

Couldn't agree more!

What we need to do is trace these field memos and find out just where they stopped in the FBI. THAT person needs to be terminated.

The FBI seems to be acting like the Catholic Church. They both seem more concerned with their image rather than their problems.

[Asmodeus]

Why FBI Agents Don't Record Interviews [quote]When asked about the backwardness of the FBI in not having its agents tape record their interviews, Dr. Whitehurst said this is because they don't want to be tied down to what the person being interviewed actually says. They want to be able to embroider the interview or trim it. He said he had recommended equipping all the agents with eyeglasses that have a built-in video camera that will record both what is said and what the agent can see. He said that was rejected. It would deprive the agents of their freedom to misreport what the witnesses had said. [end quote] Source - Accuracy In Media
__________________________________________________________________

The Unprofessional and Unreliable FBI "302" Interview The purpose of interviews during criminal or civil investigations is to objectively determine everything the person interviewed knows - and doesn't know - about a matter being investigated and properly document it in the best possible way to avoid any later dispute about exactly what was said by the person interviewed and the person(s) conducting the interview. The best way to do that is to conduct the inteview at the earliest possible time and record the interview in its entirety. The most effective way to do it is to use 2 or more recorders, keeping in mind that opposing counsel has the right to listen to the tape, have it examined for possible tape tampering - and to a transcript in the event a duplicate original recording isn't made for that purpose during the interview. An added benefit to duplicate recordings arises when one of the tapes becomes damaged, as sometimes happens. Keep in mind that the investigator's job is to expertly gather evidence - and preserve it.

The FBI 302 Form Interview Procedure
Routinely, two agents conduct the interview, usually one asking the questions while the other takes notes on a pocket pad and sometime later dictates a summary of the interview which dictation is sometime later transcribed on a 302 form which is eventually returned to the agent for review and signature (or any corrections, additions or deletions he might consider appropriate). It's not evidence of what the agents or the person interviewed actually said. At best, it's the agent's recollection of what was said. At worst, it's an invitation to skullduggery and - keeping in mind the information is Intelligence - potentially horrendous peril for all Americans as the obvious Intelligence breakdown prior to the events of 11 September 2001 dramatized.

The 302 procedure guarantees that even the interviewing agents' Supervisors have no way of knowing what was actually said - and not said - by any of those present, much less whether the interview was thorough and complete.</font size>

http://www.ntsb.gov/events/TWA800/Transcript_8_23_3.htm
[excerpt][quote] " . . . . . the FBI did not make any transcripts or recordings of these interviews. Documents are written in the words of the FBI agents who prepared them. Some of the documents contain incomplete information or are vaguely worded. In other words, the documents may not always say what the witness said." [end quote]

http://www.law.emory.edu/4circuit/june96/945902.p.html
[excerpt][quote] "Thus, when a government agent interviews a witness and takes contemporaneous notes of the witness' responses, the notes do not become the witness' statement- - despite the agent's best efforts to be accurate- - if the agent "does not read back, or the witness does not read, what the [agent] has written." Goldberg v. United States, 425 U.S. 94, 110- 11 n.19 (1976). And a government agent's interview notes that "merely select portions, albeit accurately, from a lengthy oral recital" do not satisfy the Jencks Act's requirement of a "substantially verbatim recital." Palermo, 360 U.S. at 352. [end quote]

In short, the FBI 302 form interview summaries are not "witness reports" or "witness statements" or "witness declarations" and don't document anything said during the interviews.

Why does the FBI cling to the 302 interview procedure?
To tilt the playing field in the prosecutions' favor in the event of an arrest by avoiding the documentation of any suggestive "leading" questions by the agents and any exculpatory statements that might be made by those being interviewed or even the agents themselves.

Trial lawyers dealing with cases involving FBI 302 form interview summaries instead of recorded interviews and the transcripts of those recorded interviews routinely raise hell about it not just those reasons but also for the the obvious reason that they can neither hear for themselves everything both the witness and the interviewer actually said nor read everything both the witness and the interviewer actually said.

The press is well aware of the problem, as the following documents, but have done a poor job of bringing it to the attention of the public.

http://www.usdoj.gov/ag/speeches/1998/jan1598.htm
[quote]
QUESTION: After the Nichols trial, there was some concern on the part of some of the jurors there about the fact -- and this comes up from time to time -- that the FBI does not transcribe interviews, it does this form 302. And every once in a while somebody says, you know, that it is not the best evidence, 302's are summaries of what something thinks somebody said. And people, every once in a while, look at whether the FBI should change that.

Is that anything that is being looked at? During the time you have been Attorney General, has anyone ever suggested that the FBI ought to change that practice?

ATTORNEY GENERAL RENO: I have heard it on occasions and have discussed it with Director Freeh. I cannot discuss it in the context of this particular case.

QUESTION: But as a general matter, is that something that is pretty much a dead letter now?

ATTORNEY GENERAL RENO: As always, we continue to review each issues, the circumstances of the issue in the context it arises, to see what is appropriate. But, again, with respect to this matter, in this case, I cannot discuss it.

QUESTION: Yes, but as a general matter, does it strike you as a good idea, the way the FBI does the 302's? Do you see any need to change that?

ATTORNEY GENERAL RENO: I think, each case, you have got to look at it on a case-by-case basis, and I think that is what the Bureau does.

QUESTION: Are you saying that they sometimes use a tape recorder?

ATTORNEY GENERAL RENO: Again, I think you have to look at the specific examples of each case and make the best judgment of what is right in that case.

QUESTION: (Off microphone) -- some have suggested the FBI should no longer use this form 302, and should go to a transcription of interviews. Would that be a good idea, in your view?

ATTORNEY GENERAL RENO: Again, you are going to have to look at the whole matter: each case, when you interview, who you interview, what the circumstances are.

QUESTION: But the FBI has a policy that applies to all cases all the time, that they do not tape record their interviews.

ATTORNEY GENERAL RENO: I will be happy to check with Director Freeh and clarify anything that I have said. But, again, I cannot comment on this particular case. And I think you have got to look at the larger picture. [end quote]
Janet Reno obviously chose to engage in wiggleworming when publicly confronted with the indefensible FBI 302 form interview procedure.

Los Angeles Times 7-31-2001 Hearings Open on Mueller
Senate: Bush's pick to head the FBI tells panel his "highest priority" is to restore public's trust in the battle-weary bureau. [excerpt] " . . . . . he said he would consider expanded tape-recording of FBI interviews to give its investigations greater credibility--another idea the bureau has resisted through the years." [end excerpt]

FBI Crime Lab Misconduct

[GeorgeHL]

I can empathize with you on that score,but these weeping willies that get before a TV camera to shed all these tears ,hoping to be exonerated for their incompetence is another matter.

[sarasmom]

RE #66

I mean specifically the military and the LEO agencies.I have come to the conclusion, based on extensive and colorfull experience, that any large organisation is going to consist of the same types of people. The quality of their work products will fluctuate based on the groups perception, real or not, of managements respect for the end product.If multiple layers of segmented management, both mid level and higher, is openly engaged in power positioning as opposed to results, the end product will always suffer. The nature of the "product" does not matter

Look around your company or workplace, or just to use a universal US example, look at your grocery store.Unless you are disabled, you require little direct contact with the majority of the employees there, except the check out counter.But you can always tell if the management is good or not based on the attitudes of the employees, the cleanliness of the store, and the number, large or small, of outdated foods on the shelves or "mistakes" in pricing.

While the long playing show by media and politicians of attacking LEOs failures is entertaining,,no attempt to report their successes will be shown to the public at large.It is the nature of the job. Having endured many years of that , I will tell you that making the LEOs the pariah is an idiotic reaction to the current situation.

I believe cumulative lethal errors were made by numerous individuals, and I also believe a thorough housecleaning is in order.I do not believe much will be accomplished by the CYA mode our government is displaying according to the "media".While it makes for lurid headlines, it does little to solve the problems we, as a nation face. While I may not personally know an individual in one of the LEOs,I do know the environment they are forced to work in is the same as a badly run corporation. I also believe the majority of them do the best they can, under the circumstances.They are us.We did not import LEO members from another planet.As a military veteran of an ostriscized specialty, I wish the civilian LEOs had the opportunity to shed their dead weight in the manner I was prepared to implement, if necessary.

[Freedom'sWorthIt]

"I believe cumulative lethal errors were made by numerous individuals, and I also believe a thorough housecleaning is in order." Agreed. And I believe the errors were made mostly by the higher ups in the bureaucracy.

[habs4ever]

To do that housecleaning will require private sector intervention and the realization that the way the HR is designed for such a body is badly flawed.They make mistakes because they get the wrong types of people doing work ill suited for their skills, and it should be apparent that to do such pattern recognition and interpretation is handled by such a small subset of the general populace that the FBI and CIA have to change their recruitment standards.

This type of counter-terrorism work has to be handled by independent thinking, intuitive types that make connections to events that few can do.The gov't is not the best place to find such people, though some may exist in certain areas, the private sector and even parts of academia could yield better results.Find better people, leave them alone to brainstorm and give them the resources they need, and there is a good chance that there will be fewer cock- ups in the future.Most cannot connect dots on their own, and its past time that those in charge of intelligence recognize such flaws in how the human resources factor fails the FBI and CIA in one of its primary functions.

[sarasmom]

Respectfully, I disagree.

There is not a huge pool of individuals suited to conduct intelligence analysis.The best source of candidates is derived from proven prior related fields.It is not solely a matter of "think tank" minds.

balance of post self deleted.

[habs4ever]

Did I say the best talent came from think tank minds? I said the criteria for finding better people had to be changed so that those very few people that can do this type of work can be found.It means using unorthodox means to find superior talent, and let that talent flourish.The mindset today couldn't fathom a group like the OSS being created from drawing upon the skills of both the private and public sectors; Reagan did this very thing back in 1981 to examine, with a fresh set of eyes, the vulnerabilities of the Soviets and how best to exploit such an opportunity.He did an end run on the conventional sources of analysis, with Bill Casey's full committment, and the results paid off.While the conventional wisdowm said one thing, Reagan knew differently about Soviet weakness.

That is the type of cultural change needed to make intelligence collection and analysis much more effective.Find better people and you will get better results.

[TaRaRaBoomDeAyGoreLostToday!]

Tearful FBI Agent Apologizes To Sept. 11 Families and Victims

By Jeff Johnson
CNSNews.com Congressional Bureau Chief
May 30, 2002

Editor's note: Corrects length of investigation to four years rather than ten.

Capitol Hill (CNSNews.com) - In a memorandum written 91 days before the Sept. 11 terrorist attacks, an FBI agent warned that Americans would die as a result of the bureau's failure to adequately pursue investigations of terrorists living in the country.

FBI Special Agent Robert Wright, Jr., who wrote the memo, led a four-year investigation into terrorist money laundering in the United States.

Wright began crying as he concluded his remarks at a Washington press conference Thursday.

"To the families and victims of September 11th - on behalf of [FBI Special Agents] John Vincent, Barry Carmody, and myself - we're sorry," Wright said before walking out of the room. Vincent and Carmody have also expressed a desire to expose information regarding alleged FBI missteps prior to Sept. 11.

Wright's June 9, 2001 "Mission Statement" memo warned that, "Knowing what I know, I can confidently say that until the investigative responsibilities for terrorism are transferred from the FBI, I will not feel safe.

"The FBI has proven for the past decade it cannot identify and prevent acts of terrorism against the United States and its citizens at home and abroad," he continued. "Even worse, there is virtually no effort on the part of the FBI's International Terrorism Unit to neutralize known and suspected international terrorists living in the United States."

The summary of Wright's attempts to expose the alleged failures of the FBI's anti-terrorism efforts ended with a solemn conclusion.

"Unfortunately, more terrorist attacks against American interests - coupled with the loss of American lives - will have to occur before those in power give this matter the urgent attention it deserves," he wrote.

Wright had written a manuscript, entitled "Fatal Betrayals of the Intelligence Mission," for presentation to Congress.

"The manuscript outlines, in very specific detail, what I believe allowed September 11th to happen," he explained.

Wright spearheaded the investigation code-named "Vulgar Betrayal," which led to the 1998 seizure of $1.4 million of U.S. funds "destined for terrorist activities."

The investigation determined that U.S.-based Hamas terrorists were using not-for-profit organizations "to recruit and train terrorists and fund terrorist activities in the United States and abroad, including the extortion, kidnapping, and murder of Israeli citizens."

The criminal investigations were initiated over the objections of FBI intelligence officers, who Wright charges did not want their probes of terrorist suspects interrupted or ended by the suspects' arrests for criminal activities.

"Vulgar Betrayal" was the first operation that culminated with the use of civil forfeiture laws to seize the U.S. assets of terrorist groups. The confiscated funds were directly linked to Saudi Arabian businessman Yassin Kadi, also known as Yassin al-Qadi, who has since been identified as one of the "chief money launderers" for Osama bin Laden.

Investigators believe he provided as much as $3 billion to the al Qaeda terrorist network before Wright's investigation closed his operations.

Wright says that FBI management "intentionally and repeatedly thwarted and obstructed" his attempts to expand the investigation to arrest other terrorists and seize their assets.

On August 4, 1999, the FBI removed Wright from the "Vulgar Betrayal" operation, which was terminated shortly thereafter. All but the final three pages of his manuscript were completed in the following months. Those pages were added after Sept. 11.

"As a direct result of the incompetence and, at times, intentional obstruction of justice by FBI management to prevent me from bringing the terrorists to justice, Americans have unknowingly been exposed to potential terrorist attacks for years," he charged.

Nine factors entered into the FBI failures alleged in Wright's manuscript, including:

- Incompetent managers who are not held accountable for mistakes;
- Lack of independent oversight of the bureau;
- Bias on the part of the FBI's internal affairs unit, the Office of Professional Responsibility;
- Antiquated computer technology; and
- Overlapping investigative jurisdictions of other federal law enforcement agencies such as the Drug Enforcement Administration and the Bureau of Alcohol, Tobacco, and Firearms.

In a May 29 letter to Wright's attorneys, John Collingwood, assistant director of the FBI's office of public and congressional affairs, forbid Wright to disclose the contents of the manuscript - in writing or orally - to anyone not approved by the bureau.

"Pursuant to [Wright's] employment agreement and FBI procedures, he is still not authorized to publicly disseminate information we have previously advised is prohibited from disclosure at this time," Collingwood wrote.

The letter also contained what Wright and his attorneys considered a threat, meant to intimidate them.

"We feel obliged to inform you [that] breach of an employee's employment obligations may be grounds for disciplinary action, a civil suit, or both," Collingwood warned. "In some instances, unauthorized disclosure may also constitute cause for revocation of a security clearance or be a criminal offense."

Those warnings seem to directly contradict the statements of FBI Director Robert Mueller Wednesday while announcing a "wartime reorganization" of his agency.

"It is critically important that I hear criticisms of the organization including criticisms of me in order to improve the organization, to improve the FBI," he said. "Because our focus is on preventing terrorist attacks, more so than in the past, we must be open to new ideas, to criticism from within and from without, and to admitting and learning from our mistakes."

Collingwood claimed in his letter that the opposition to Wright's public comments was not "solely" because Wright's comments might be "critical or disparaging of the FBI, the government, or its employees."

But Larry Klayman, chairman and general counsel of Judicial Watch, says Collingwood's "threats" prove that Mueller's words are meaningless.

"This new policy of the FBI was not sincere," Klayman said, "because at 5 p.m. [after Mueller's press conference] we got [Collingwood's] letter."

Judicial Watch, along with former House Judiciary Committee Special Counsel David Shippers, is representing Wright in a lawsuit against the FBI and five "unknown officials" for violation of his First Amendment free speech rights.

Wright has also filed complaints with the FBI's Office of Professional Responsibility and the Department of Justice Office of the Inspector General, and wants his manuscript and testimony subpoenaed by Congress.

"I truly believe I would be derelict in my duty as an American if I did not do my best to bring the FBI's dereliction of duty to the attention of others," he said. "I have made it my mission ... to legally expose the problems of the FBI to the President of the United States, the U.S. Congress, and the American people."

E-mail a news tip to Jeff Johnson.

Send a Letter to the Editor about this article.

[TaRaRaBoomDeAyGoreLostToday!]

[ladyinred]

How terrible for this poor man. For so many years, the Clinton adminstration had dismantled the FBI, turning it from an investigative arm to a hit man team against it's own perceived enemies. This according to several members of the agency who left in disgust.
The sad thing is, the Clinton's were heroes walking among the survivors of NY hugging people and getting publicity, and this broken man, cries.