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U.S. Department of"'92stice

Federal Bureau Inve" gation of __

~;;%

Office of Dircclor lhc

Washington, D.C. 20535

OPENING STATEMENT OF

LOUIS J. FREEH DIRECTOR FEDERAL BUREAU OF INVESTIGATION

_ BEFORE

THE

SUBCOMMITTEE on

TERRORISM, TECHNOLOGY
COMMITTEE on UNITED STATES

AND GOVERNMENT

INFORMATION

THE JUDICIARY SENATE

WASHINGTON, n.c.

OCTOBER 19,

1995

FBI/DOJ

VJ

Introduction

Good morning,

Mr. Chairman

and distinguished

Members of

the

Subcommittee. I
role of the Federal

am pleased
Bureau of

to testify
Investigation

before you
in the

concerning the
events at Ruby

Ridge and

the substantial

reforms

Ihave

made as

a result

of the

serious deficiencies
Iwelcome

in the

FBI's performance during the

to appear before the

crisis.

the opportunity

Subcommittee

today. onlythrough public discussionthesecan a of issues we

assure the public's confidence in law enforcement.

Ruby Ridge
deaths there

has become

synonymous with
Deputy United

tragedy,
States Marshal,

given the
a young

ofta decorated

boy,

and the

boy's mother.

It has of federal

also

become synonymous law enforcement.

with the Both

exaggerated application
conclusions seem justified.

At Ruby American people FBI, Ruby

Ridge, the expect

FBI did or deserve

not perform from the

at the FBI.

level which Indeed, for law enforcement

the the

Ridge was

a series of

terribly flawed

operations with

tragic consequences. law enforcement overreacted at

that were

We know today that

FBI officials

Ruby Ridge.
reasonably

promulgated rules

of engagement

subject
policy and

to

interpretation
the Constitution

that would
- rules

permit
that could occurred. Rules

a violation
have caused

of FBI
even

worse consequences that I will never There was

from the

than actually allow the a trail of FBI to

of engagement

use

again. mistakes
FBI Headquarters

serious operational
Northern Idaho to

that
and back

went

mountains of

' G

out to

a federal

courtroom in

Boise, Idaho.

Today, there

are

allegations that Shake the

a coverup

occurred of integrity

allegations that, upon which the FBI

if proven, is built.

very foundation

Although I
occurred, I during the have only
learned from

was not

FBI Director

when the

Ruby Ridge

crisis

am sincerely crisis and served to

disappointed with

the FBI'sperformance These hearings FBI has, however,

especially in confirm that

there. I

its aftermath. belief. The

have changed

its mistakes

almost every

aspect of

the FBI's crisis response policies and from the

structure and address the

modified or flaws and committed to

promulgated new

procedures to

shortcomings apparent ensuring that

FBI's response. I am Ridge never

the tragedies

of Ruby
the to Idaho

happen again.

circumstances Surrounding peployment of FBI Resources

%$ %%

As you to the

are aware,

the FBI

responded to

Ruby Ridge

subsequent

Bureau of

Alcohol, Tobacco, The FBI

and Firearms after the

investigation of United States

investigation and

Randy Weaver.
Marshals Service surveillance of

response came

had conducted Weaver. The

an l8-month FBI responded

to Ruby

Ridge on

August

21, 1992,

after the

tragic murder

of Deputy

United States

Marshal

William Degan.

It is

important to

keep these as additional

facts in

mind. Deputy

Marshal by other

Degan's murder, well as law enforcement

:

information provided witnesses have

to Idaho

agencies -

which other

described
in August,

--

formed the
1992.

basis upon

which the

FBI responded

On April 5, 1995, after reviewing

that the threat posed

the Department of Justice's

also

performance atRuby Ridge, DeputyAttorney Generaldetermined the

by Randy Weaver was exaggerated. She those exaggerations determined that repetition of It is important to to the FBI led to August, 1992, the FBI
a

a higher threat assessment than otherwise might have been made.

understand, however, that, in Based upon
facing a very

the FBI acted upon information that enforcement agencies.

believed that it was

had been provided by other law that information,

grave threat in Idaho

threat that
benefits of

required

a prompt

response. Now,
FBI s response

with all
clearly was

of the
an

hindsight, the

overreaction. In
assessment of
Rules of The Death

future situations,
such threats before the

I will

makea more independent

.

FBI acts.

!8 N" ?:?.&

Engagement and of Vicki Weaver

As I have stated

many times

before, Vicki

Weaver's death was

tragic but
occurred at

accidental. I
been left Ruby Ridge.

fully appreciate
without their On behalf of the

the fact
FBI, I

that three
of what

children have

mother as a result

wishtx>expressn

regret and sorrow for Mrs. Weaver's Moreover, the FBI fully death.
supports the settlement with the Weaver family that the Department
of Justice negotiated. For the FBI, the settlement does not bring

any sense of closure to the stark tragedy of Vicki Weaver's death.

Rather, her death willalways be a hauntingreminder to FBI the to

take every possible step to avoid tragedy, even in the most
dangerous situations.

I also

want to

express my

heartfelt condolences

to Mrs.

Degan.

This Country What happened

asked her at Ruby

husband to Ridge and

make the its aftermath

ultimate sacrifice. fails to honor the

price paid
should never
line of duty.

by this

dedicated public
left behind

servant. We,
when an officer
_

as a

Nation,
the

forget those

dies in

At Ruby Ridge, the

in accordance with rules

Hostage Rescue Team "HRT"! was operating

of engagement that were reasonably subject

to interpretation
the Constitution.

that would

permit

a violation
said that,

of FBI

policy and

Those rules

under certain

circumstances, certain deadly force.

persons "can

and should"

be the

subject of to law and

Those rules

of engagement

were contrary

FBI policy.
the rules

Moreover, some FBI SWATpersonnel on scene

as a "shoot-on-sight" policy - which

interpreted
was

they knew

inconsistent with
entirely unacceptable.

the FBI's deadly force

policy. Such

confusion

is

According to

Special Agent

Lon Horiuchi,

the HRT

sniper who

accidentally shot
1992, both_pursuant
testified that he did

Mrs. Weaver, he fired

not shoot pursuant to

two shots on
the rules of

August 22,
has
engagement

to the FBI's deadly force

policy. He

that I

just mentioned.
The shot that killed Mrs. Weaver was the second that Special

Agent Horiuchi
Mrs. Weaver

fired. He
and was not fired

testified that
at her.

it was

not intended

for

In discussing

Special Agent

Horiuchi's second shot, I

am not

saying that

I approve

of it.

I am not trying
4 o

to justify

it. I

am

not saying should do

that I what he

would have did. I

taken it. am certainly

I am

not saying that in

that others a future

not saying

similar set
should take

of circumstances
such a shot.

FBI Agents
The FBI will strive

or law

enforcement officers
and train to avoid

such tragic

results, whenever

humanly possible.
Special Agent very difficult "black and or with question. It white" terms. a high degree

'
Horiuchi's is not It of

Indeed, the second a matter that cannot be certainty. shot is a very

constitutionality of close and

can be

addressed in

answered categorically

On carefulbalance, however, I believe that Special Agent

Horiuchi's second shot was constitutional. Under all of the

circumstances that and based on all

Special Agent of the

Horiuchi faced do not

on August believe

22, 1992, that it was

evidence, I

unlawful in

that time

and place
Horiuchi testified

for him

to take
he took

the second
the first

shot.

Special Agent

shot when

he observed a man later determined

to the birthing shed, raise his rifle.

to be Randy Weaver, who wasnext

At that time, Special Agent

Horiuchi perceived
law enforcement Horiuchi said

that Weaver
helicopter that was the first

"was trying

to get

a shot off"

at a

flying overhead. shot for only one

Special Agent reason: he

he took

believed he
in the

was protecting

fellow law

enforcement officers

who were

helicopter.

Special
he observed

Agent Horiuchi
Randy Weaver

said he
raise his

took the
rifle in sniper positions

first shot
the direction

only when
of the had observed

helicopter. Although

FBI Agents in
5

three armed people run outcroppings, they

the cabin
to the

from the

cabin and
were not
scene.

head toward the rock persons moved from

pose-a threat judged to

did not shoot as those three

their actions
on the

-- because

safety of

the agents

The bullet

that struck

Mrs. Weaver

was fired

seconds after

the

first shot.

It was

intended for

a man

who Special

Agent Horiuchi

mistakenly believed was the one he had just shot in the

target while
the cabin

vicinity of

the birthingshed. Special Agent Horiuchi at his intended fired

he was running toward the cabin and before he reached
door.

Tragically, Mrs.
stood behind the open

Weaver was struck

front door of the

by that
cabin.

shot while

she

Special Agent Horiuchi

he took the second shot and

said he could not see Mrs. Weaverwhen

that he had no reason to believe that

she was standing there.

even fired
the cabin.

The shot that killed

it travelled

Mrs. Weaverwas not

on a path parallel to

at or

into

the cabin;

Special Agent Horiuchi made one thing abundantly clear during

his testimgny at the trial of

did not he fired the
that he
time.

Randy Weaver
Special Agent
target

and KevinHarris: he
the cabin door when Horiuchi has
Kevin Harris

see Vicki Weaver

was aiming

or anyone else behind

at a moving

second shot.

testified
- at that

Pt is

important to

remember that

two different

components of

the Department of Justice have reviewed the circumstances leading

to Vicki Weaver's unfortunate death. Both
6

of those

components --

the Office
Division -

of Professional

Responsibility and
that there

the Civil
was no

Rights
basis upon

independently determined

which to
was not

conclude that

she had been shot intentionally or

analysis that the second shot
A

unlawfully. Both
unconstitutional.

determined by their

Special Agent
I believe would find evidence, I that a

Horiuchi's second shot was

court applying qualified liability. Further, believe it
to FBI

not criminal.
immunity principles based on all of

Nor do
-the

any civil do not

was unconstitutional.
Employees

Punishment Administered

In January

of this

year, I

disciplined or

proposed discipline

for twelve
at Ruby

FBI employees for their conduct

Ridge and the subsequent
My disciplinary of the conduct of

related to

the incident
and

prosecution of
action followed

Randy Weaver
an FBI

Kevin Harris. administrative review

those employees.

My action

also followed

reviews by

the Department

of Justice

Office of

Professional Responsibility independently determined

warranted.~ All of these

and the

Civil Rights

Division, which not

a

that criminal
actions, including

prosecution was
my own, relied upon

Task. Force yinvestigation that

Department of
of Justice
I too

was directly
that was
Special Agents.

supervised
written by

by the

Justice and

a report
not FBI

Department

attorneys determined that

the twelve

FBI employees

did not

commit

any crimes intentional misconduct. Nevertheless, or I concluded

that those employees had demonstrated inadequate performance,

improper judgment,

neglect of

duty, and
7

failure to

exert proper

managerial oversight. discipline ranging written censure from an

Accordingly, I oral reprimand fronn duty.

imposed or or written At that

proposed censure to _time, I

with suspension

believed the
the factual

discipline imposed
basis for

or proposed was commensurate with

of that discipline. said, based " upon facts that

the imposition imposed was, as I

The discipline

had been determined atthat time.

the basis basis of of showing speculation, or favor to in order

Discipline wasnot imposed on

one person for me or another, to render or on the a "popular" of the of

decision. Indeed, record before

discipline was

imposed on is a

the basis

me and precedent, which

fundamental component reliance upon

the FBI'sAdministrative Summary

process. The

precedent is a
reliance ensures

basic matter
that" people

of due

process and fairness. That

similar offenses are

who commit

@$$@ %

punished in a similar manner. In imposing andproposing discipline

this past January, that is what

In January,
what I which I believed was
av

I was trying to accomplish.

the basis
investigations, report was not as

I imposed and proposed discipline on

a complete report. Ongoing prove that discuss, may

of

obviously cannot
I had

complete as

believed.

If this,

in fact,

occurred, then

it is

much like being a judge

- if the judge does not have allof the facts, or does not have
facts that have an impact upon credibility or honesty, the judge's

findings will
an incorrect

not withstand later

and, thus,

scrutiny. That
that he

judge will
must readdress.

make

invalid decision

I intend

to be

fair about

this matter,

but any

final action

must be

based upon

a full
of Larry

and accurate
Potts

reporting of

the facts.
"

ghe Promotion

Larry Potts

was one of the this past

twelve FBI

employees included received a letter

regard

in my of
to the

disciplinary decisions
censure for failure to

January. He

provide proper

oversight with

rules of
that the Potts nor

engagement employed
Administrative Summary Mr. Coulson
upon the

at Ruby

Ridge. It

should be
that neither with

noted
Mr: that

report recommended

be disciplined.
facts as I found

I disagreed
them.

conclusion based

ex

At the

time I

disciplined Larry

Potts, he

was the

Acting

Deputy Director.
Deputy Director

Shortly thereafter,
of the FBI.

I sought to promote him to be

In pressing was not trying

for Mr. to minimize

Potts's appointment Deputy Director, I as or downplay the significance of the

-.921Z:;.* mares

punishment that I
Deputy Director
In determining

had imposed upon him.

simply because
whether to

I did

not appoint

him

he is a friend.
appoint Larry Potts to be the Deputy

Director, I
Nation and

considered his many years of public

to law enforcement. I considered the

service to
esteem in

the
which

subordinates, superiors,
considered his

counterparts, and
in the

colleagues hold
FBI, including

him. I
our work

vast accomplishments

together during

the VANPACinvestigation for

which President

Bush

personally awarded Mr. Potts an Exceptional

Rose Garden.

Leadership Award in the

I consulted including judges, investigators in

local law

with numerous a former other agencies,

people inside Attorney General, and leaders

It was

and outside

the FBI, prosecutors, state, and

that

of federal,
their consensus

enforcement associations.

Larry Potts

was an

excellent and

progressive leader,

highly

qualified to
and confidence

be Deputy
in Mr.

Director. Like
Potts. -

them, I

placed great

trust

Looking back, sensitive to and then Mr. Potts.

alone should be

I recognize

that I created by

was not my decision

sufficiently to discipline in promoting decision and I

the appearance promote Mr. I take

Potts. Thus, full responsibility

I made

a mistake for that

held accountable

for it.

The ongoing As the

Inquiries Subcommittee is aware, two criminal investigations

relating to
One is in

Ruby Ridge
Boundary County,

and its

aftermath are

currently pending.
Day is

Idaho, where

prosecutor Randall

investigating the Marshal Degan.

deaths of The other

Vicki Weaver, is; a federal

Sammy Weaver, investigation here

and Deputy in

Washington, D.C. employees

I do not wish

It focuses after the

to prejudice

upon actions Ruby Ridge crisis.

allegedly taken

by FBI

during and
not wish to prejudge

either investigation. may be a subject

I also of those

do

anyone who

investigations. I
allegations are

must stress,
quite serious and go

however, that
to the very heart

the coverup
of what FBI

Special Agents

do -

seek the

truth. There

is nothing' more

10

iii

I92

grievous and
committed perjury

shocking than
or obstruction

an allegation
of justice.

that an

FBI Agent

has

The Subcommittee and the American people that Iwill swiftly and decisively address In that

should have no doubt

L F r a

any misconduct which was regard, my actions will

and legal
1994.

committed by any
consistent with
Iestablished

FBI employees.
the "bright
for FBI

be
that

line ethical

standard"

employees on

January 3,

Any' such actions, however,

investigation is
FBI Crisis

cannot occur
the facts

until the

complete and the Events

has learned

all of

are known.

Management Reforms

Subsequent to
The FBI

at Ruby Ridqg
the lessons of Ruby Ridge. As the

Subcommittee has

already heard,

we have

changed policies

and

procedures to
have prepared it be

prevent similar,
a handout record.

tragic mistakes
Iwould like to
_

in the

future.
of the

I
that

@ %$

describing these

reforms.

Irequest

made part of the

you. Engagement

review four

reforms with Rules of

First,

Ihave

ended forever

the use

of rules

of engagement

by

the FBI.
deadly force

The FBI will govern

Justice deadly only in the face

its use of deadly force by the

which permits death or the use of serious physical

Department of

force policy, of imminent

injury to

the officer policy

or another in greater

person. In

a moment,

Iwill

describe this

detail.
of engagement be open to an

Never again

will rules

interpretation which crises, there will be

expands the no confusion

ll

deadly force as

policy. In

future

there was at Ruby Ridge --

about the

interplay' between deadly force standard deadly on-scene commanders will as necessary.

policy will be permitted

.nd rules be the

of sole if it

engagement. The standard, although restrict the is necessary risk, that In the

force policy

to further heightened

use of deadly force will be

In addition, advisories.

to communicate to agents

an especially

done through separate threat

Review Policy

shooting Incident

aftermath of

Ruby Ridge, there were problems relating review conducted by the FBI in 1992. That
analyzed the accidental

to the shooting incident

review inaccurately

and incompletely

shooting death of

Vicki Weaver. in FBI

The person in charge

of that Ruby

review had participated

Headquarters oversight

of the

Ridge response
shootings

and was then asked assess validity of the to the

there.

..-.,,~::.&#3 .

that occurred

Shooting investigations conducted by

conflict-of interest.

must be full and not have

fair. They

must be a

persons who do

even the

appearance of

Thus, on April 3, shooting review policy in investigation of

*raised

1995, I

announced revisions to

the FBI's

order to ensure the

level of review of

complete and accurate

shooting incidents;

shooting incidents.
the executive

Among other things, I:

* placed investigative responsibility

Division;

in the FBI's Inspection

the conduct of post-

*,established new
shooting inquiries; and,

protocols governing

12

* included, representation on
Critical Incident

for the

first time,

Department of Incident Review

Justice attorney Group.

the Shooting

Response Group

The third
creation of

and most
the Critical

significant major
Incident Response

change I
Group "CIRG"!,

made is

the

which I

established in

1994. I

have provided

to the

Subcommittee

a handout

describing CIRG
made part of

and its

responsibilities. I

request that

it be

the record.

Without question, crisis management

The new CIRG ensures

Ruby' Ridge demonstrated "that. structure was inadequate and

the FBI's

terribly flawed.
leadership's

the FBI's experienced senior

responsibility and
individuals, including

directly establishes
myself, for

accountability on
crisis management.

specific
CIRG fully
m

integrates crisis
same level under

negotiators and
a unified

the HRT and joins

structure which

them at

the
I have

command. The

established ensures tactical components,

an equal with a

tension between Special Agent

our tactical in Charge

and nonand myself

overseeing the

process. As

a part

of that

integration, I

have

ordered that, whenever

will deploy with them. of the The members

HRT deploys a on mission, CIRG negotiators

HRT are not commandos. They are Special

Agents of any FBI

the FBI.

Their goal

has always

been to save lives. HRT carry

that of

Like

Special Agent,

the members

of the

badges and

handcuffs. Their

objective is

identical to

law enforcement

officers around

the country

-~ to

arrest safely

those responsible

13

for crimes

and assist

in their

prosecution. The in crisis situations.

members of

HRT,

however, perform The HRT is a

these tasks unique and

necessary law the simple fact that

enforcement response HRT exists does not

capability. Nevertheless,

mean that

it must

be used,

especially if

we do not have to

use it.

The HRT should not be used reflexively.i I

HRT conservatively
use. Indeed, personally satisfied
it.

approach the use of

assessments before
the HRT unless I to use

and seek
I cannot

independent FBI

its
am

envision utilizing that it is necessary

and appropriate

Through the

integrated response

that CIRG

provides, I

am

confident thatFBI the

future crisis situations without

will better perform its duties toresolve

loss of life. 4

Crisis Management Finally, I provided to crisis situations. General, and I have

Training the who will crisis management. training in

have increased FBI executives

serve as Reno, training. It

on~scene commanders the Deputy has also Attorney

Attorney General received this

been

provided to
cadre of will help Department of
Crisis Management

other senior

Department of Justice officials

believe that this training of future crises.

and a
effort

FBI field ensure the

commanders. I

peaceful resolution
Reforms

Justice management reforms Department of Agency Policies, Justice. In I have have been my capacity issued Resolutions
recommendations of

Some crisis
1

established as Director 12, 13

the

throughout the of Investigative

and 14,

which resulted

from consensus
14

investigative agencies
resolutions were and she has approved created at

of the

Department of
of Attorney

Ju--ice. These
General Reno _ _.

the request

them.

Resolution 12

established policy resources in believe that authority during

a crisis

to govern

agencies use as well clearly will

of as

the FBI's crisis management components of establishes

confusion when

the field, Resolution 12 crises and

CIRG. I lines of

avert

occurs. Additionally,

Resolution 12

requires other
consult and

Department of
coordinate with

Justice investigative
the FBI when the degree of

agencies to
threat in

one of

their cases Resolution 13

requires and established

allows for a general reviews. I

preplanning. policy concerning previously described the

conduct of

post shooting incident

changes to
that Department

FBI policy

governing this

matter. Resolution

13 ensures
and are

of Justice

agencies will

conduct thorough which subsequently

objective shooting
reviewed further in order

incident reviews,
to ensure fairness

and accuracy.

Many months Investigative Agency

ago, the

Attorney General draft

tasked the a uniform

Office of deadly force

Policies to

policy for
and analysis

her consideration.
between the

After months

of research,

discussion
of of the

agencies comprising

the Office

Investigative Agency

Policies and

various components

Department of
Resolution 14, issued and

Justice -

especially the
a uniform

Office of
deadly force

Legal Counsel
policy, was

--

which established the Attorney

General has

approved it.

15

The Treasury
leading to

Department also

participated in

th. negotiations
efforts of

the deadly

force policy.

Through the

Treasury Undersecretary and staff, there is nowuniform Noble his a

deadly force policy that governs the actions of Treasury Department

and Justice
permits deadly
belief that death or
person." The FBI

Department law
force to
the subject serious physical

enforcement officers.
officer has
an imminent

That policy
a reasonable
danger of or to another

be used "when the

of such force poses

injury to

the officer

Investigating Itself

Several times, FBI should

during these

hearings, the has arisen.

the

issue of In assessing

whether the this issue,

regard.

investigate itself
should consider

the Subcommittee

FBI's history

in this

Unlike most

police forces, that provide

the FBI

has not oversight of

one, but the FBI's employees

two,

independent watchdogs
and activities.

In coordination Professional Responsibility

with the

Department of since 1976, the FBI

Justice Office has had a long

of and

distinguished record
misconduct by

of successfully
This record

investigating alleged
of success includes

FBI employees.

matters of
For example:

great significance

to the

FBI and the American people.

*In

1976, the

FBI successfully with the an FBI Special

investigated allegations Company, which disciplinary action

of led

"sweetheart" contracts to the indictment of

U.S. Recording Agent and

against numerous

others. One

FBI employee
16

who was

fired as

result of Callahan. A

this investigation report of

was then-Deputy

Dire ;or

Nicholas released. of bribery of

this investigation

was publicly

* The FBI successfully

investigated allegations

Special Agent Joseph Stabile who, on September 15, 1978, became the
first Special Agent indicted in the FBI s history.

* The
property.

FBI successfully two agents

FBI successfully

investigated and for illegal

assisted in

the stolen
~

prosecution of
*The

transportation of
assisted in

investigated and

the

prosecution of
was later convicted

the first

FBI Special Agent charged with murder, who

killing of a confidential informant.

for the

* The

FBI investigated

my predecessor

for misuse

of his

position, which
investigation was The Attorney

resulted

in his

dismissal. A
an order

report of

this

publicly released. General issued on November 8, 1994,

$%%%%

which makes
Office of

clear

that, in

addition to

the Department
the Office of the

of Justice
Inspector

Professional Responsibility,

General also
internal security

performs oversight

of the

FBI. That

oversight is

occurring in connection withFBI's the performance in the

investigation. Indeed, the Office

Ames
of the

Inspector General
General to

may request authority from investigation by

the Deputy Attorney

a particular

take responsibility

for investigating

allegation under

the FBI's of Office can recuse

Professional itself from recently a

Responsibility. Further, particular investigation,

in a high profile case.

the FBI if appropriate,

and has done so

17

The success

of the

FBI's internal investigati92

s is

due,

in

large part, Experience has

to the

support and shown that

participation of thorough, effective

FBI employees. internal

investigations require
familiar with

the expertise

of agents who are intimately

procedures. Furthermore, an

the FBI's structure and

internal policing
successfully, to
and to

function is necessary for me to manage the agency

establish investigative
the agency,

and ethical

priorities,

demonstrate to

the Congress,

and the American

people that improper conduct by FBI employees will be dealt

effectively.

with

In partnership General, the

internal integrity experience inside

with the Department

and the

of Justice
Office of

Office of effective
of

Professional Responsibility

the Inspector

FBI has been and remains committed to an

program. Based and out of the FBI, upon my I have

twenty years

reached two

conclusions: first, the FBI

the world; policing itself
diminish that record.

is the best investigative agency in

in oversight. I do not intend to

and second, the FBI has enjoyed extraordinary success with independent

The subcommittee should also consider the experience and

uniformity of
absolutely

major police
dependent on

departments around the United that police oversight

notes some responsible and

States. is

They have learned from investigate themselves

the FBI. I have

hard experience
police being

integrity exactly like

of the major

accountable to

with independent
chart which

prepared a

18

pOliCe forces
made part of

that investigate
the record.

themselves. I

requ

L that

it be

Conclusion _ Serious mistakes

incident. Some of those

_ occurred with
mistakes should

regard to
have been

the Ruby
avoided and

Ridge
were

not. For and significant

those, the

FBI offers

not excuses,

but rather

the facts

reforms. is a different matter altogether. As

Intentional misconduct

I stated
that I

before, I
will swiftly

assure the
and decisively
misconduct.

Subcommittee and
deal with

the American
anyone who

people

the facts

show committed

With the

arsenals at

the disposal

of criminals

in our

Nation

today, everyone a very

must understand to do.

that law

enforcement officers Director of

three FBI

have in

dangerous job

Since becoming

the FBI
Special

September, 1993,

I have

attended the

funerals of

Agents and
were murdered

numerous state
in the line of

and local law

duty by

enforcement officers
criminals with guns. Again,

who

last Friday, Metropolitan Police

I attended

the funeral

for a

young Washington provocation

Department officer

killed without

in the
and loved

line of

duty. I
inflict upon

have witnessed first-hand the devastation

the agents
week, I

these weapons

and officers,

their families,
Police and in their

ones. Every around the

speak with

Chiefs of

Sheriffs from

country who

suffer casualties

ranks

at the
We take

hands of

criminals with

guns.
seriously when we ask the men and

our responsibility to put

women of

law enforcement

themselves in
19

harm's way people -

like Deputy
leaders and

United States
managers, we

Marshal Bill
owe them

Degan. As
our complete

J enforcement
must

support and

strive to

give them
upon the under very

the

best guidance
women of

possible. _
law enforcement to do In return

,
their for

We rely best job

men and

difficult circumstances.

protecting us,
them to use their

we vest them with a measure of discretion

best judgment. Sometimes, as human nature

and ask
tells

us, that judgment may imperfectand mistakes happen. be will

As long middle of put their fire, as we the night lives and we must show ask them to take to be in the arena, to a tree be ready or a in the cover behind of their mailbox, to the for their line of

the wel1 being some empathy

families in

and compassion

human

fallibility. This
well lighted knowledge
Court calls "split-second

is particularly
of hindsight,

true as

we judge
far from
in circumstances

with the calm,

what the Supreme
that are

judgments -

tense, uncertain

and rapidly

evolving."

Graham v.

Connor, 490

U.S. 386,
20

397 989!.

OO

cums; /nummuuuun R ~., ,..

amen; ~
O RULES O CRITICAL O HOSTAGE IHOSTAGE OF ENGAGEMENT DISCONTINUED. GROUP CREATED. PROCESS CHANGED. AND NUMBER ENHANCED. * INCIDENT RESPONSE RESCUE TEAM DEPLOYMENT NEGOTIATORS STATUS

O CRISIS

MANAGEMENT TRAINING

PROVIDED FOR DO] AND FBI.

U SHOOTING

INCIDENT REVIEW REDESIGNED, INCLUDES DO] ATTORNEY.

AND EQUIPMENT ENHANCED.
EVIDENCE RECOVERY TEAMS CREATED.

O SWATTRAINING
O FBI

LABORATORY SPECIALIZED EXPERTS ON

U OUTSIDE

CRISIS MANAGEMENT

NETWORK ESTABLISHED.

:=' ' -.' ' 7'1"

O INTERA1GENCY CRISIS MANAGEMENT PROCESS ESTABLISHED.

Q SHOOTING INCIDENT REVIEW PROCESS ELEVATED AND STANDARDIZED.

' NEW

UNIFORM DO] /TREASURY DEADLY FORCE POLICY

RISlS

RII=O%$

MANAGEMENT -

. ~15

I F Q

force policy, which permits use deadly the of force only the in face of imminent deat
or serious physical injurythe to Agent or another person, be will used in future crisis
Situations. .

RULES OF ENGAGEMENT --Discontinued. Only the new, revised standard deadly

CRITICAL INCIDENT RESPONSE GROUP The FBl's --crisis" response structure has

accountability have been ixed specific to individuals, including FBI the Director.

negotiators will with HostageTeam. Leadership always deploy the Rescue and
HOSTAGE TEAM DEPLOYMENT Rescue be RESCUE --- The Hostag Teamnot will deployedan independentthe FBIe without assessment by oft threatneed. The and FBI
Director must persona satisfied it is be ly that necessary and appropriate. to tactical personnel and negotiators will a ways deploy with Hostage the Rescue Team. The number FBI of hostage negotiators been has increased.
CRISIS MANAGEMENT TRAINING ---

crisis management. Negotiators and tactical personnel on are equal footing thei and

been created a as single entity under the leadership of FBI an executive experienced i_n

HOSTAGE NEGOTIATORS have given a equal --- FBI hostage negotiatorsstatus been

of cesinhave beplaced in dcommand crisis. Only trained received specialized speciaily crisis management training. Special Agents Charge will fie o a
SHOOTING INCIDENT--REVIEW Responsibility for investigating all shooting incidents involving Agents been FBI has removed from FBI's Investigative the Criminal Division and placed with FBl's the Inspection Division. results theinvestigation The of will bereviewed by a newly reconstituted group includes that Department of justice
representation.

General, the Deputy Attorney General and FBI 42 Special AgentsChare FBI field in of

The Director, Deputy Director, The Attorney

SWAT TRAINING EQUIPMENT Responsibilitytraining and AND --for equipping

with and can supplement Hostage the Rescue Team.

training and equipment has enhanced, all FBI been so that SWAT Teams compatible are
FBI LABORATORY Specialized --teams have been created are that experts in the
identification, recovery preservation evidence. and of
OUTSIDE EXPERTS ON CRISIS MANAGEMENT --Through universities andother

FBI SWAT Teams has been placed under the Critical Incident Response Group their and

sources, anetwork ofoutside experts crisis on management and otherdisciplines has been established aid the FBIin understanding responding uniquecrisis and to and to hostage situations.

'23 -rg,
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4*

D DIRECTOR
ASSISTANT DIRECTOR 7
Criminal Investigative Division

P new E CRITICALINCIDENT AGENT S _ PECIAL IN-CHARGE s ECIALAGENT-IN-CHARG

~ _

RESPONSEGROUP _

CRISIS MANAGERS

I r

ASSIS TANT SPECIAL AGENT IN-CHARGE SPECIAL VESTIGATIONS

ASSISTANT SP ECIAL AGENT-IN-CHARGE

IN

_ TACTICAL

SUPPORT

Child Abduction

&

Hostage Rescue Team

Serial ltiller
Unit ~

Crisis Management Unit Negotiators!

SWAT Training
Unit

Special Detail
Unit

Investigative Support
Unit
I

Attorney General Detail

ml
Aviation & Special

Operations Unit

Undercover Safeguard
Unit

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