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S>^6- ia%'iozi VV.'Cr9f/2 ^ S. Hrg. 103-1021 NOMINATION OF LOUIS FKEEH J. TO BE DIRECTOR OF THE FEDERAL BUREAU OF INVESTIGATION HEAEING BEFORE THE COMMITTEE ON THE JUDICIARY UNITED STATES SENATE ONE HUNDRED THIRD CONGRESS FIRST SESSION ON THE NOMINATION OF LOUIS J. FREEH TO BE DIRECTOR OF THE FEDERAL BUREAU OF INVESTIGATION JULY 29, 1993 Serial No. J-103-23 Printed for the use of the Committee on the Judiciary RECEIVED APR 2 2 2003 BOSTON PUBLIC LIBRARY HAMPDEN LAW LIBRARY GOVERNMENT DOCUMENTS DEPARTMENT U.S. GOVERNMENT PRINTING OFFICE 89-949CC WASHINGTON : 1995 ForsalebytheU.S.GovernmentPrintingOffice SuperintendentofDocuments,CongressionalSalesOffice,Washington,DC 20402 ISBN 0-16-047061-7 S. Hrg. 103-1021 NOMINATION OF LOUIS FREEH J. TO BE DIRECTOR OF THE FEDERAL BUREAU OF INVESTIGATION HEARING BEFORE THE COMMITTEE ON THE JUDICIARY UNITED STATES SENATE ONE HUNDRED THIRD CONGRESS FIRST SESSION ON THE NOMINATION OF LOUIS J. FREEH TO BE DIRECTOR OF THE FEDERAL BUREAU OF INVESTIGATION JULY 29, 1993 Serial No. J-103-23 Printed for the use of the Committee on the Judiciary ^:;^' 'JKPQSiioiiy RECEIVED I MAY R IOCS I APR 2 2 2003 BOSTON PUBLIC LIBRARY HAMPDEN LAW LIBRARY GOVERNMENT DOCUMENTS DEPARTMENT U.S. GOVERNMENT PRINTING OFFICE 89-949CC WASHINGTON : 1995 ForsalebytheU.S.GovernmentPrintingOffice SuperintendentofDocuments,CongressionalSalesOffice.Washington,DC 20402 ISBN 0-16-047061-7 COMMITTEE ON THE JUDICIARY JOSEPH R. BIDEN, Jr.. Delaware, Chairman EDWARD M. KENNEDY, Massachusetts ORRIN G. hatch, Utah HOWARD M. METZENBAUM, Ohio STROM THURMOND, South CaroUna DENNIS DeCONCINI, Arizona ALAN K. SIMPSON, Wyoming PATRICK J. LEAHY, Vermont CHARLES E. GRASSLEY, Iowa HOWELL HEFLIN, Alabama ARLEN SPECTER, Pennsylvania PAUL SIMON, Ilhnois HANK BROWN, Colorado HERBERT KOHL, Wisconsin WILLIAM S. COHEN, Maine DIANNE FEINSTEIN, CaUfomia LARRY PRESSLER, South Dakota CAROL MOSELEY-BRAUN, Ilhnois Cynthia C. Hogan, ChiefCounsel Catherine M. Russell, StaffDirector Mark R. Disler, Minority StaffDirector ROST, Minority ChiefCounsel (II) YflA«aU V^^ CONTENTS STATEMENTS OF COMMITTEE MEMBERS Page Biden, Hon. Joseph R., Jr., U.S. Senator from the State ofDelaware (Chair- manofthe Senate Committee on the Judiciary) 1 Hatch, Hon. Orrin G., U.S. Senatorfrom the State ofUtah 2 Thvirmond, Hon. Strom, U.S. Senatorfrom the State ofSouth Carolina 5 Kennedy, Hon. EdwardM., U.S. Senatorfrom the State ofMassachusetts 5 Moseley-Braun, Hon. Carol, U.S. Senatorfrom the State ofIllinois 5 Pressler, Hon. Larry, U.S. Senator from the State ofSouth Dakota 6 Metzenbaum, Hon. Howard M., U.S. Senator from the State ofOhio 27 Grassley, Hon. Charles E., U.S. Senatorfrom the State ofIowa 31, 33 DeConcini, Hon. Dennis, U.S. Senatorfrom the State ofArizona 34 Simpson, Hon. Alan K., U.S. Senatorfrom the State ofWyoming 37 Leahy, Hon. PatrickJ., U.S. Senatorfrom the State ofVermont 40 Specter, Hon. Arlen, U.S. Senator from the State ofPennsylvania 43 I^flin, Hon. Howell, U.S. Senatorfrom the State ofAlabama 46 Cohen, Hon. William S., U.S. Senatorfrom the State ofMaine 49 PRESENTERS Moynihan, Hon. Daniel Patrick, U.S. Senatorfrom the State ofNewYork 6 Nunn, Hon. Sam, U.S. Senator from the State ofGeorgia 7 Bradley, Hon. Bill, U.S. Senatorfrom the State ofNew Jersey 9 D'Amato, Hon. AlfonseM., U.S. Senatorfrom the State ofNewYork 11 Lautenberg, Hon. FrankR., U.S. Senatorfrom the State ofNewJersey 12 NOMINEE Freeh, LouisJ., tobe Directorofthe Federal Bureau ofInvestigation 14 QUESTIONS AND ANSWERS Responses ofLomsJ. Freeh to additional questions submitted by: Chairman Biden 57 Senator DeConcini 68 Senator Leahy 70 Senator Simon 74 Senator Kohl 78 SenatorFeinstein 80 SenatorBrown 81 SenatorPressler 82 ALPHABETICAL LIST AND MATERIAL SUBMITTED Biden, Hon. Joseph R.,Jr.: Opening statement 1 ._•• List oflaw enforcement organizations siipporting the nominationofLoiiis J. Freeh tobe Directorofthe Federal Bvu*eau ofInvestigation 20 Responses ofLouisJ. Freeh towrittenquestions 57 Bradley, Hon. Bill: Statement 9 Brown, Hon. Hank: Responses ofLouisJ. Freeh towritten questions 81 Cohen, Hon. William S.: Statement 49 D'Amato, Hon. Alfonse M.: Statement 11 (III) IV Page DeConcini, Hon. Dennis: Statement 34 Responses ofLouisJ. Freeh to writtenquestions 68 Feinstein, Hon. Dianne: Responses ofLouis J. Freeh to writtenquestions 80 Freeh, Hon. LouisJ.: Testimony 14 Grassley, Hon. Charles E.: Statement 31 Prepared statement 33 Hatch, Hon. Orrin G.: Statement 2 Heflin, Hon. Howell: Statement 46 Kennedy, Hon. EdwardM.: Prepared statement 5 Kohl, Hon. Herbert: Responses ofLouisJ. Freeh to written questions 78 Lautenberg, Hon. FrankR.: Statement 12 Leahy, Hon. PatrickJ.: Statement 40 Responses ofLouisJ. Freeh to written questions 70 Metzenbaum, Hon. HowardM.: Statement 27 Moseley-Braun, Hon. Carol: Prepared statement 5 Moynihan, Hon. Daniel Patrick: Statement 6 Nunn, Hon. Sam: Statement 7 Pressler, Hon. Larry: Prepared statement 6 ResponsesofLouisJ. Freeh to written questions 82 Specter, Hon. Arlen: Statement 43 Simon, Hon. Paul: Responses ofLouisJ. Freehtowrittenquestions 74 Simpson, Hon. Alan K.: Statement 37 Thurmond, Hon. Strom: Prepared statement 5 NOMINATION OF LOUIS FREEH J. TO BE DIRECTOR OF THE FEDERAL BUREAU OF INVESTIGATION THURSDAY, JULY 29, 1993 U.S. Senate, Committee on the Judiciary, Washington, DC. The committee met, pursuant to notice, at 1:12 p.m., in room SD-226, Dirksen Senate Office Building, Hon. Joseph R. Biden, Jr. (chairman ofthe committee), presiding. Also present: Senators Metzenbaum, DeConcini, Leahy, Heflin, Simon, Kohl, Feinstein, Moseley-Braun, Hatch, Thurmond, Simp- son, Grassley, Specter, and Cohen. OPENING STATEMENT OF CHAIRMAN BIDEN The Chairman. The hearing will come to order. Today, the Senate Judiciary Committee considers the nomination of Judge Freeh to be Director of the Federal Bureau of Investiga- tion. I want to thank Senator Hatch and my colleagues on both sides for their cooperation in convening these hearings before the August recess, in the hope and expectation, Judge, that you will be confirmed and on thejob by August 6. It has been our practice over the last 20 years to address the nomination of the FBI Director as expeditiously as possible, in large part reflecting the importance of the post to which you have been named. Our Nation has entrusted the FBI with vast powers to ensure that the Bureau has the proper tools to lead the Federal Gk)vem- ment in its fight against organized crime, white collar crime, and espionage. To that list and priorities, over the last 20 years, a whole additional range ofresponsibilities have been added. Judge over my 20 years in the Senate and my long membership on this committee, I have come to recognize that the position ofthe FBI Director is one of the most difficult, sensitive and, quite frankly, one of the most dangerous posts in America. If there was ever going to be abuse in a post, the last place I would want it to occur would be in the FBI. The individual who heads the FBI has enormous power. He or she controls an organization whose mission requires him to inves- tigate U.S. citizens, an awesome power. With the appropriate court or grand jury approval, the FBI can tap our telephones, conduct physical surveillance, review our financial and other personal docu- (1) ments, and a lot more. And the abuse of such power must be, in the first instance, policed by the Bureau itself, and that is why whoever directs the Bureau is incredibly important. This is the rea- son I believe, Judge Freeh, you and your successors will and must be held to very rigorous standards. You come before this committee, Judge, with an impeccable reputation for honesty, integrity, enthusiasm, and dedication to the very best law enforcement possible, and a clear and devoted under- standing that we are governed by a Constitution. We are a limited government, and there are legitimate important constraints im- posed upon law enforcement, as well as responsibilities. Indeed, your record has earned you the admiration and respect of two Presidents. President Bush nominated you to the Federal bench for the Southern District of New York, a position to which this committee and the Senate unanimously confirmed you. And President Clinton has now named you to the FBI Director's post, calling you a law enforcement legend. I congratulate you on your nomination. I welcome you and your family here, and I look forward to asking you some specific questions. Now, this is unusual. I am going to yield in just a moment to the ranking member, who will be the only other one who will make a statement at the outset here. You can tell, in part. Judge, how significant and important the nominee is and how respected he or she is by the number of Senators that ask to participate in the process. You have received the endorsement and enthusiastic support of at least five ofthe most respected members ofthis body. After I yield to Senator Hatch and he completes his statement, we will then invite Senator Moynihan, the chairman ofthe Finance Committee, to make his comments of endorsement relating to you, and we will work our way through the remainder of the Senators who are going to testify in your behalf. Then I would like to swear you in and ask you to introduce your family at that point, and we will get to questions. I thank you for being here. Judge, and again congratulate you on your nomination. I yield to my friend from Utah. STATEMENT OF SENATOR HATCH Senator Hatch. Thank you, Mr. Chairman. Judge Freeh, we welcome you to the committee, and certainly welcome all of our colleagues who are here to testify on your behalf. I commend President Clinton for his selection ofyou to be the Di- rector of the Federal Bureau of Investigation. I have read every page ofyour FBI file and, I have to tell you, I have never seen any file that had more accolades for a nominee than yours. There was absolutely nothing in there that would even indicate the slightest reservation on anybody's part that you will be a great Director of the FBI. Judge Freeh brings to this position significant experience in law enforcement, an excellent reputation. Before being appointed to the Federal bench by President Bush in 1991, he spent nearly 10 years as an assistant U.S. attorney in New York, prosecuting complex organized crime and drug trafficking cases, and I mean complex ones. Earlier, he served 6 years as an FBI agent. And I could spend a long time recounting this nominee's splendid record. Suffice it to say that he comes very well prepared for thisjob. If confirmed, Judge Freeh will take over the world's preeniinent law enforcement agency. A recent example of its excellence is the successful thwarting of a terrorist bombing plot in New York City. Yet, the FBI faces a number of serious challenges. Judge Freeh will need to lead the FBI in meeting these new challenges. For example, he will be called on to continue the work of his predecessors in ushering the FBI from an agency which empha- sized counterintelligence in a cold war era to one which focuses more heavily on counterterrorism, violent crime, and white collar crime. Additional resources will have to be committed to the ever- emerging threat of domestic terrorism. Health care fraud will defi- nitely be a big area. Telemarketing fraud and other emerging cor- ruption will also command greater attention in coming years. Finally, but not least. Judge Freeh will need to enhance the FBI's efforts in rural States like my own home State of Utah. All too often. Federal agencies here in Washington fail to respond adequately to the rising crime problems in rural America, and I will want to work closely with Judge Freeh to ensure that the crime problems ofrural States like Utah are adequately addressed. The FBI is one of our Nation's most cherished institutions. It is very important that the FBI be insulated from even the slightest appearance of politics. Unfortunately, however, the Clinton admin- istration has already committed a very serious breach of this prin- ciple of independence by misusing the FBI in its desperate attempt or effort to cover up cronyism and legitimize dismissal ofthe entire White House travel office staff. On May 25, 1993, all eight Republican members of this committee wrote to the chairman requesting a full investigation and hearing into this matter. We have been informed that the committee will await the Attorney General's review of the White House report of the case, and our request has been reiterated. The White House report itself is ample basis for the Judiciary Committee to conduct an investigation and hearing, where witnesses can be put under oath and documents subpoenaed. I will not recount the details here, but the White House report, in my opinion, is largely a whitewash, confirming just enough of the details in mishandling of the matter reported by the news media to seem superficially forthright. But it fails to come to grips fully with the dimensions ofthe affair, including the flagrant politi- cal bullying ofthe FBI. I cannot believe that anyone who reads the White House report can conclude that Congress should play no oversight role. As the New York Times aptly put it, on June 11, the report is a "stealthy, evasive confession." Now, some may claim that a Judiciary Committee hearing is un- necessary, in light of an ongoing General Accounting Office review. Frankly, this is not even a remotely serious alternative. For example, the GAO does not have the power to subpoena witnesses or documents, nor can it place witnesses before it under oath. It has become clear that Congress, controlled by members of the other party, will not check the abuses ofthose around the President. This is as very serious breakdown in the checks and balances between the executive and legislative branches of our government, as envi- sioned by our Founding Fathers. Now, I don't want my friend from Delaware, who I respect so much as Chairman of this committee, to think that these remarks are aimed at him. As far as I can determine, no congressional member on the other side ofthe aisle has called for a congressional review ofthis episode in any ofits related aspects. And this silence is all the more deafening, in light ofthe congressional oversight in- vestigations that would be occurring right now, had this disturbing episode taken place under a Republican President. I might add that, except for a few isolated editorials and com- mentaries, I believe the news media's reaction to this White House whitewash has been tepid. If this White House report had been is- sued under a Republican President, the news media would still be in full cry. If there was wrong-doing in the White House travel office, it should be punished. But Congress must send a clear signal, it will not condone the misuse ofthe FBI. Having said that, I want to say that I have no doubt in my mind that anybody on this committee has any thought that Judge Freeh will not be one of the great and all-time great leaders of the FBI. And I personally will do everything in my power to help you, Judge Freeh, and to expedite this, so that you can get down there fully working with everything we can get at your disposal to continue to work in the best interests ofdefeating crime in this country. So thank you for being willing to sacrifice a Federal judgeship, a lifetime tenured appointment, with full pay at the end for retire- ment, in order to come here and work with what will be many, many hours on behalf of the American people. It is a big sacrifice, but it is a good sacrifice and it is one that, I want to tell you, I personally appreciate, as the ranking Republican on this committee. The Chairman. Thank you. Senator. Gentlemen, we are going to go in order ofseniority, with the possible exception, since Senator Moynihan is chairing the easiest committee in the Senate right no—w, with minor responsibility. With the permission of Senator Nunn Sam, in you—r absence, I indicated that I would let Senator Moynihan proceed he said he will be brief—and then move to you. Is that all right with you? Senator Nunn. Taxes are more important than defense these days. The Chairman. I don't have a dog in that fight. [Laughter.] Senator Moynihan? Senator Moynihan. And more predictable. [Laughter.] Senator THURMOND. Mr. Chairman, since you are not calling on the other members for opening statements, I ask unanimous con- sent that mine be placed in the record at this point. The Chairman. Without objection. Senator, and also at this point the prepared statements of Senators Kennedy, Moseley-Braun, and Pressler will be placed in the record. Senator THURMOND. I just praise the nominee. I think he is a good man.