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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
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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 con-
firmed 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 frank-
ly, 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 rep-
utation 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 ques-
tions.
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 sig-
nificant 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 be-
half.
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 or-
ganized 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 ade-
quately 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 commit-
tee wrote to the chairman requesting a full investigation and hear-
ing 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 exam-
ple, 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 of-
fice, 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 commit-
tee.
The Chairman. Thank you. Senator.
Gentlemen, we are going to go in order ofseniority, with the pos-
sible 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.
