For More Information:

Bess Bezirgan, Public Affairs Director
(202) 872-8600 ext. 228, media@nacdl.com

Letter to President Clinton

Washington, D.C. (Sept. 23, 1999) -- The National Association of Criminal Defense Lawyers (NACDL) today called on President Clinton to take corrective measures against the FBI in light of stinging revelations in a Boston judicial proceeding last week that once again point to an agency that is violating the constitution and abusing its own internal guidelines.

In a letter to Clinton, NACDL President William Moffitt cites a major federal racketeering case which revealed that the FBI, as an institution, consciously disregarded the standards and procedures governing its relationship with two top echelon informants in Boston --condoning illegal activity ranging from jury tampering to racketeering and murder. "Agents knew about and refused to disclose the informants' criminal activity to the Justice Department and to other law enforcement agencies," Moffitt writes.

NACDL is calling on President Clinton to take corrective actions to force the FBI to conform to the laws of the land. "It is time to rein in this out-of-control agency before justice is further corrupted and public confidence irreparably undermined," Moffitt said. "We believe this mandate must come directly from your office. The FBI has acknowledged that it has kept the Attorney General in the dark as to some of the more egregious conduct of FBI agents and officials."

The text of Moffitt's letter is as follows:

Dear Mr. President:

Our nation is experiencing an escalating pattern of misconduct and abuse within this country's premier law enforcement agency, the FBI. Just last week U.S. District Court Judge Mark Wolf in United States v. Salemme, noted that the FBI as an institution consciously disregarded the standards and procedures governing its relationship with two top echelon informants in Boston. Agents knew about and refused to disclose the informants' criminal activity to the Justice Department and to other law enforcement agencies, helped the informants become fugitives and encouraged them to lie to judges. FBI officials condoned illegal activity ranging from jury tampering to racketeering to murder.

This comes just weeks after the disturbing disclosures that the FBI falsified accounts of the use of incendiary canisters at the Branch Davidian complex in Waco, Texas.

As you well know, Mr. President, the FBI is the most well funded and thereby the most powerful law enforcement agency in America. With that power comes responsibility responsibility to the citizens of the United States to follow the constitution, the laws of our country and its own internal regulations. If the FBI ignores these responsibilities, then it is dangerous. We should all be concerned when the FBI behaves in an ultra vires and reckless manner.

We have seen example after example of the FBI ignoring our laws, violating our constitution and abusing its own internal guidelines. In addition to Boston and Waco, we note the debacle concerning Ruby Ridge and the Inspector General's scathing investigation that revealed abuses, ineptitude and lack of professionalism within the FBI labs.

All these actions must concern us and have indelibly tarnished the FBI's credibility with the American people.

It is necessary for you to take some corrective measures. Policies must be promulgated that force the FBI to conform to the laws of the land. And we believe this mandate must come directly from your office. The FBI has acknowledged that it has kept the Attorney General in the dark as to some of the more egregious conduct of FBI agents and officials.

It is time to rein in this out-of-control agency before justice is further corrupted and public confidence irreparably undermined.

NACDL stands ready to assist you in the establishment of effective, independent oversight of the FBI.

Sincerely,

William B. Moffitt

President

cc: U.S. Attorney General Janet Reno
Senate Majority Leader Trent Lott
Senate Minority Leader Thomas Daschle
Speaker of the House Dennis Hastert
House Minority Leader Richard Gephardt:

# # #

NACDL is the preeminent organization in the United States advancing the mission of the nation's criminal defense lawyers to ensure justice and due process for persons accused of crime or other misconduct. A professional bar association founded in 1958, NACDL's more than 10,000 direct members - and 80 state and local affiliate organizations with another 28,000 members -- include private criminal defense lawyers, public defenders, active U.S. military defense counsel, law professors and judges committed to preserving fairness within America's criminal justice system.

National Association of Criminal Defense Lawyers (NACDL)
1025 Connecticut Ave. NW, Ste. 901, Washington DC 20036 www.criminaljustice.org / www.nacdl.org
(202) 872-8600 / FAX(202) 872-8690 / assist@nacdl.com