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April 22, 2003
The Honorable Orrin G. Hatch
Chairman
U.S. Senate Committee on the Judiciary
224 Dirksen Senate Office Building
Washington, D.C. 20510
Dear Chairman Hatch:
We are writing to request that the
Senate Judiciary Committee convene hearings to examine issues raised
by the recent arrest in Los Angeles of a former FBI
Agent, J. J. Smith, and an informant, Katrina Leung, with alleged
links to the People’s Republic of China. It is our hope that the
Judiciary Committee will address the important issues raised by this
case as soon as possible after our return from the spring recess.
We also included a provision that gave
the FBI Director new authority to improve the FBI’s internal,
uniformed police force. We hope that our Committee’s commitment to
fulfilling its important oversight responsibilities will continue upon
our return from recess.
As you know, the concerns raised by this
case touch on matters of longstanding concern to the Senate Judiciary
Committee and the national security of the United
States. In the 107th Congress, the Committee conducted
bipartisan and extensive oversight of the FBI and the Department of
Justice. Included in that oversight were concerns that were raised by
the arrest of senior FBI agent Robert Hanssen based upon his 20 years
as a Russian spy. As we heard from Judge Webster, who led the
bipartisan commission that examined that matter, the Hanssen case
exposed a broad, systemic inattention to security inside the FBI that
endangered national security. One of the many findings of those who
examined the Hanssen case was that earlier systemic recommendations
based upon the Aldrich Ames spy case went largely unheeded in the FBI.
Based on our hearings, we included a
specific provision in the bipartisan FBI Reform Act, which became law
as part of the Department of Justice Authorization Act of 2002, which
called upon the FBI to adopt the reform recommendations made by the
Webster Commission. We also included a provision that gave the FBI
Director new authority to improve the FBI’s internal police force. We
have also proposed a systemic upgrade to the FBI’s career security
officer program in the FBI Reform Act that has yet to be enacted.
A second issue raised by the
Los Angeles case is a longstanding concern about the handling
of confidential informants by the FBI. As you know, both the
Judiciary Committee and the House Governmental Reform Committee have
examined that matter in the context of the handling of mob informants
by the Boston FBI. This issue is especially timely because of the
Attorney General’s recent decision to relax certain of the guidelines
dealing with the handling of confidential informants. It is incumbent
on us to ascertain whether or not there is a need to revisit those
decisions – decisions made without notice or consultation with this
Committee – in light of the revelations in the Los Angeles case.
We certainly do not wish to interfere in
any way with the conduct of an ongoing investigation. However, while
the Department of Justice works to prosecute any wrongdoers in the
Los Angeles case, we believe that it is incumbent on the
Judiciary Committee to examine whether there are larger security
issues that continue to persist. If even a portion of the allegations
raised in the public affidavit are true, we cannot afford to wait
until yet another breach of national security occurs before we work
with the FBI to improve security and the handling of confidential
informants.
We wish to make clear that a committee
investigation into this matter would not be, and should not be viewed
as, a criticism of the current FBI Director. Director Mueller
inherited this situation along with many other problems.
We appreciate your attention to this
matter. Our bipartisan oversight efforts have played an important
role in helping the FBI to become as effective as it must be to
protect our country. We hope that our Committee’s commitment to
fulfilling its important oversight responsibilities will continue upon
our return in April.
Sincerely,
PATRICK LEAHY
Ranking Member
Senate Judiciary Committee
CHARLES GRASSLEY
Member
ARLEN SPECTER
Member
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