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----- Original Message ----- <br>
<b>From:</b>
<a href="mailto:CongressmanSerrano@mail.house.gov">CongressmanSerrano</a>
<br>
<b>Sent:</b> Thursday, April 20, 2006 10:07 PM<br>
<b>Subject:</b> FBI & Congressman Serrano<br><br>
</font><font face="Arial, Helvetica" size=2 color="#000080">Dear
Friends,<br>
I am forwarding, for your information, a translation of the exchange
between FBI Director Robert Mueller and myself. This was published in
Puerto Rico's El Nuevo Dia newspaper on March 29, 2006. Included is a
transcript of the exchange. Please feel free to forward to your
lists.<br>
Thank you for your interest in this issue.<br>
Adios,<br>
Congressman Jose E. Serrano<br>
<br><br>
</font><h1><font face="Arial, Helvetica" size=5><b>
"Disinterest" in Investigation on FBI's
Conduct.</b></font></h1><font face="Arial, Helvetica" size=2> <br>
Wednesday, 29 March 2006<br>
<br>
By José A. Delgado <br>
jdelgado@elnuevodia.com<br>
<br>
WASHINGTON - It seems that there is not interest from the FBI Director in
finding a middle ground in the disagreement with the government of Puerto
Rico over local investigations into the recent conduct of the FBI. <br>
<br>
In private, the FBI has indicated to Democratic aides to the Judiciary
Committee that it does not trust the work of Puerto Rican law enforcement
agencies. <br>
<br>
An exchange Tuesday between Congressman José Serrano, who is of Puerto
Rican birth, and the director of the FBI, Robert Mueller - in an
Appropriations Subcommittee hearing-speaks for itself. <br>
<br>
On one side, Serrano, Democrat of New York, and number two in rank for
the minority on the Subcommittee that reviews and funds the FBI's annual
budget, emphasizes the belief that the FBI overstepped in recent
operations. Meanwhile, Mueller concentrates on defending his agents
without opening the way for an agreement or denying that he does not
trust in the Puerto Rican government.<br>
<br>
Serrano began his questioning with a general reference to the criticisms
that have been made about the FBI for its role in the death of Machetero
leader Filiberto Ojeda Rios on the 23<sup>rd</sup> of September, 2005. He
refers to allegations that the independence leader could have survived if
he had not been left to bleed for more than 18 hours. He also brings up
the FBI's actions against journalists during an operation on February 10,
2006. <br>
<br>
The following is a partial transcript of the Congressman Serrano's
questioning of the FBI chief. <br>
<br>
SERRANO (...) And so one of my questions to you is, in terms of an
investigation, do you believe that federal agents in Puerto Rico are
obligated to comply with commonwealth subpoenas?<br>
<br>
MUELLER: Well, let me, if I could, before I answer that question, perhaps
put in context the events in which you discuss, which I know are
difficult in Puerto Rico.<br>
<br>
But, first of all, the arrest of Mr. Ojeda Rios. You're well aware that
he had been a fugitive for a number of years, was convicted in abstentia,
being not only a participant in, I think it was, the 1984 robbery up in
Hartford but had been leader of the Macheteros who were responsible over
a number of years for a number of terrorist attacks in which persons have
been killed.<br>
I think it is wrong to say that he could have been captured at any point
in time. He was known to be dangerous and known to be armed. And, again,
to put it into context, as we discussed shortly thereafter, in the course
of an effort to apprehend Mr. Ojeda Rios, one of our agents was shot in
the stomach and two others -- and he is lucky to be alive today -- and
two others were shot in the head, and they were lucky not to have been
injured because they had appropriate head gear.<br>
<br>
And so putting it in context, I understand what you're saying but I do
want to put it in the appropriate context. As we discussed shortly after
that incident, because of the questions raised, I asked the inspector
general to do an independent investigation, and the inspector general is
now doing that independent investigation, and I look forward to seeing
the results of that.<br>
<br>
With regard to the other incident, my understanding is that six search
warrants are being executed, that at one of those places in which the
search warrant was being executed, as the agents were leaving, the
perimeter, which had been established and which one establishes whenever
one does a search warrant, was broached by a number of people and that at
that time there was mace used but at that time agents were pelted with
rocks, cars were damaged and the like.<br>
<br>
Now, again, putting that in the context, what I've asked for is an
investigation there. I offered the investigation to the inspector
general. The inspector general requested that our inspection division do
that investigation. We're currently doing it, and it is being monitored
by the inspector general.<br>
<br>
Whenever there is an instance such as this, I have in the past and will
continue to seek independent investigations so that we can determine what
the actual facts are.<br>
<br>
In final answer to your question, in terms of whether or not agents of
the FBI need respond to a subpoena from the Commonwealth of Puerto Rico,
I have to leave that to the Department of Justice. It's a legal
issue.<br>
<br>
SERRANO: OK. On the issue of just -- I know that in a way this is
somewhat heresy but it has to be brought up, two days after your office
contacted me you in fact were kind enough to leave a message on my cell
phone that morning immediately saying that you were getting on the
investigation, and I told you later that I appreciated that.<br>
<br>
Two days later, and, again, just for the record, I took a call in my
office from a very distraught person who said, "I'm a former Marine,
I am pro-statehood for Puerto Rico, you can't get more American than
that," he told me. "And I'm very distraught because I've been
an FBI informant for the last couple of years and I told the FBI where
Ojeda Rios was at the every step of the way for the last couple of years.
I told them when he was in church, I told them when he was at the
supermarket, I told them when he went for a jog, and I feel somehow
responsible that he was killed because he could have been gotten
somewhere else and yet they chose to do it this way."<br>
<br>
Now, I didn't know what to do with that information. I'm certainly not
going to call the FBI and say, "Guess what? Is this guy one of your
informants," because I know what the answer to that would be.<br>
<br>
MUELLER: I would have appreciated it.<br>
<br>
SERRANO: Well, but you read about it. You read about it, because what I
did was I told him, "You should contact a newspaper person who might
actually speak to you," and that person put a whole newspaper
perhaps somewhat on the line by writing a couple of columns in New York
verifying to the extent that they can verify that this guy gave
information that indicated that he was indeed an informant and he had
told the FBI where Mr. Ojeda Rios was all of the time. No one questioned
the fact that a warrant for his arrest could be executed. He was a
fugitive, period.<br>
<br>
Everybody questions why local authorities, and here is the crux of this
issue, why on all these incidents local authorities are not allowed to
participate to the point where the state, the superintendent of police in
Puerto Rico is on the record writing to Congress and writing to anyone
who will listen that he was never informed that the FBI was there, that
they wanted to go and participate. This is the chief of police. Mr.
Toledo is a former FBI agent, 23 years of service, a hostage negotiations
expert, and he said nothing that was done to that moment could have
prevented us from speaking to Mr. Ojeda and doing some other things.<br>
<br>
And I told you personally and I pointed out in public how bad we all feel
about any FBI agent that was hurt during this incident.<br>
<br>
But one of the things that happened was that the attorney general says
that the FBI called him or the U.S. Attorney's Office called him, told
him, "Get your people over to the place. This is what's going
on."<br>
<br>
When they went over there they were asked to remove themselves, and one
of the questions that continues in Puerto Rico is, why were local
officials not informed and when they showed up turned away to the point
now that leads us to another issue, and I want you to just see if you can
comment on this, at a briefing that the FBI had with the Judiciary
Committee staff, they said that they usually do not let people, law
enforcement in Puerto Rico know when they're going to be involved in an
operation because they can't trust the local law enforcement with that
information.<br>
<br>
Now, first of all, do you know about that? And, secondly, if that's true,
then we have a bigger problem here, because any locality that can't be
trusted with information by the FBI, then there's an issue that this
committee and the FBI, the White House and everybody has to deal with.
How much can you tell me about how much trust there is between the FBI
and the local law enforcement authority?<br>
<br>
And, lastly, on that issue, even if that's true, why would the FBI want
to promote that as a discussion in public that local authorities cannot
be trusted rather than working on it to resolve that problem?<br>
<br>
MUELLER: Well, you've asked a lot of questions here. As to much of the
factual detail...<br>
<br>
SERRANO: And I'm being as brief as I can, believe me.<br>
<br>
MUELLER: Yes. As to much of the factual detail, again, the inspector
general is looking at those facts that you allege, including what you
indicated were at least heresy from this informant. I can tell you I was
no aware. I do not believe that we had Ojeda Rios identified, this
locality identified for a substantial period of time before the incident
occurred.<br>
<br>
With regards, and I'll speak generally, not specifically, there are
occasions throughout the country where, for whatever reasons, there may
be individuals in particular police departments whom we believe cannot be
trusted. I'm not going to speak to Puerto Rico specifically, but this
happens. And when it does happen, we work around it.<br>
<br>
I can tell you, as you well know, our second priority in the criminal
side of the house is civil rights. We're often called upon, whether it be
public corruption or civil rights investigations, to investigate police
departments, to investigate those who on day one were executing search
warrants with but on day two come under suspicion because of violation of
civil rights or public corruption. And those cases where we feel that
there is a risk to the investigation, then we keep it tight to the vest.
Again, I want to emphasize that I'm not talking about any particular
jurisdiction, only to say that this does happen.<br>
<br>
SERRANO: Now, if you're not aware, and I would bet you are but I'm not
going to ask if you're aware -- there is a major image problem for the
FBI in Puerto Rico. Folks who live in Puerto Rico, for the most part,
dramatically so, are very supportive of all federal agencies. That's the
relationship for 107 years, 108 years. Yet the FBI continues to run into
deeper and deeper discontent from the public from all segments of
society. Whether they're pro-statehood or for independence, there's a
concern.<br>
<br>
What can be done or does the FBI care in trying to promote a better image
in Puerto Rico? And why is there a belief that the FBI will continue to
behave in a way that folks in Puerto Rico think is not proper and nothing
will ever come of any investigation? I mean, right now the state
government is trying to conduct an investigation. They've sued you and
Mr. Gonzales and the whole Justice Department because they can't get any
cooperation from you, basically.<br>
<br>
Mr. Fratchatelli (ph), the local director, came out and said, "They
did a great job and that's all there is to it." "With great
dominion," was the way he said they handled the operation.<br>
<br>
What can be done to improve the image of the FBI?<br>
<br>
MUELLER: Let me start by saying, yes, we care very much about the image
of the FBI in Puerto Rico. I am tremendously disappointed that events
have resulted in a undercutting of the trust that the people of Puerto
Rico legitimately should place in the FBI. And one of the reasons that I
asked the inspector general to do the investigation is so that we have
some independent entity that is looking at it and will report back on
what happened.<br>
<br>
And I ask the people of Puerto Rico to understand that in these
particular incidents we were executing our responsibilities as federal
officers and in doing so these events happened. I would hope they would
put it into context and wait for the results of the investigation to see
exactly what happened. My hope is that the results of the investigations
will assuage some of their concerns about the FBI.<br>
<br>
But I will say that the FBI is, whether in Puerto Rico or around the
country, those agents do a terrific job. They are protecting the people
of Puerto Rico, not just from terrorists but from bank robbers, from
narcotraffickers, from those who commit white collar crime, and that the
people of Puerto Rico, while this may be a sensitive issue for them,
should not forget the role that the FBI is undertaking to secure their
safety from terrorists, criminals, narcotraffickers in Puerto Rico.<br>
<br>
SERRANO: Let me close with this, Mr. Chairman: A couple of years ago,
March 16, 2000, actually -- I needed to know this for this morning's
meeting -- I asked Director Freeh how much the FBI was willing to talk
about the previous 60 years of the way that the FBI had treated the
Puerto Rican independence movement. And to the shock of everybody,
starting with me, Director Freeh said that there was a time when the FBI
had not behaved properly and that he was hoping that this could be
remedied. And immediately, beginning with that day, he began releasing,
and you have continued, something I appreciate, releasing over 1,800,000
pages of files on the Puerto Rico independence movement.<br>
<br>
Most of them, admittedly by Director Freeh and now by people who've
analyzed it, showing that there was a directed attempt to break and
destroy the independence movement.<br>
<br>
There are some folks who took that as an indication that a new day was
coming for the FBI's behavior in Puerto Rico over those 60 years. Now,
many of us are afraid that some of that behavior has started again. And
so all I can tell you is be aware of that. Be aware of the fact that
you're hearing this from a member of Congress who's supportive of the
work the FBI does, who's never held back on supporting your budget or on
your activities.<br>
<br>
But right now, you know, you and I are in the same profession. We do 100
good things. We do one bad one and the people will remember the bad one.
Right now the folks of Puerto Rico may not be concentrating on all the
good things that you talk about, which we know to be true, but on the
fact that on two incidents within the last year they behaved the way they
used to behave for 60 years, and that's not good.<br>
<br>
MUELLER: Well, I would disagree with you in terms of their behaving the
way they did in the past. We have not gone...<br>
<br>
SERRANO: No, no. I'm saying that the people across the board are
concentrating on that as a sign that that behavior is back and never
left, and that's not good for you, it's not good for me, and it's not
good for our country.<br>
<br>
MUELLER: And I ask you to keep an open mind. I ask the people of Puerto
Rico to keep an open mind. I had to talk to the wife of that agent who
was shot in the stomach. I had to talk to those agents who barely
survived that night. And so I ask them to keep an open mind.<br>
<br>
SERRANO: Someday I'll have you speak to some of the people who feel that
the FBI years ago did great harm to their family.<br>
</font><font face="Times New Roman, Times" size=3> <br>
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