HEARING OF THE SCIENCE, JUSTICE, STATE, COMMERCE SUBCOMMITTEE OF THE HOUSE APPROPRIATIONS COMMITTEE
SUBJECT: FY06 DEPARTMENT OF JUSTICE BUDGET
CHAIRED BY: REP. FRANK WOLF (R-VA)
WITNESS: FBI DIRECTOR ROBERT MUELLER
2359 HOUSE OFFICE BUILDING, WASHINGTON, D.C.
10:03 A.M. EST, TUESDAY, MARCH 8, 2005
REP. WOLF: 112952 Thank you, Mr. Director. I’ll have a number of questions at the end, but we’re going to have a couple of preliminary ones so everyone has plenty of time to ask questions.
I would just say, thinking back at your first appearance before the committee, it’s a fairly dramatic difference insofar as your testimony then with regard to now. I think the Bureau has become much more robust. And it would be interesting to go back and match it word for word to see how dramatically the Bureau has actually changed.
113023 Just a couple of questions. One I think you know. 113028 Last week NBC News carried a story about some terrorists who were in the Supermax prison writing people outside. 113037 We met with representatives of the attorney general’s office late last week, either on Thursday or Friday — I think it was Thursday — and also members of the Bureau of Prisons.
113050 I don’t think anyone who’s been connected with any terrorist activity — and that was the attempt on the World Trade Center in 1993 — ought to be permitted to write outside. 113100 Now, I understand — I was told that there were several Supreme Court decisions that the Bureau of Prisons was basing their policy on.
113112 The world has changed dramatically. I think the last decision — one was from the ’70s; one was in the ’80s. I’m asking you to go back and look at that changing it again. And, quite frankly, if you have any problem with the Supreme Court, it just sort of came to me; this committee has given the Supreme Court a tremendous amount of money to protect the court with regard to bombings, with regard to many other activities. The court itself and the justices are aware of the threat because they have been to this committee over and over in asking for things. So everyone would understand the world has changed since 9/11.
I read a piece, I think in the New York Times, by McCarthy, Andrew McCarthy, Andy McCarthy. Do you know him? MR. MUELLER: Yes. REP. WOLF: Do you think he’s a pretty good person? MR. MUELLER: He’s one of the best prosecutors you can find in the United States. He is one of the best prosecutors you’ll ever find in handling a terrorist case. REP. WOLF: And did you read his piece? Was it the New York Times? Did you read the piece? MR. MUELLER: I believe it was the New York Times. REP. WOLF: The National Journal — where he made the case that this is a totally poor policy, bad policy, inappropriate policy, because those letters could be used for recruitment and many other things, which we won’t go into here today. Did you see his piece? MR. MUELLER: I had thought that I had seen a piece by him. I’m not certain where the piece was, but I do recall seeing a piece by him — it may have been summarized someplace — where he articulates that understanding. REP. WOLF: 113238 Do you believe that the policy should be changed whereby people who have been convicted of terrorist activity, terrorist activity — and there were three individuals, I think, who died in the attack on the World Trade Center — 113255 that ought not be permitted to just write letters outside that can be used for recruitment and other reasons?
MR. MUELLER: 113255 I absolutely believe, and I know the Department of Justice and BOP are looking at enhanced restrictions on the ability of persons who have been convicted of crimes relating to terrorism to correspond with others outside. 113312
REP. WOLF: Could you report back to the committee? And hopefully this change will take place relatively soon so that you wouldn’t want to find that something happened because of a letter that was sent out yesterday or a letter was sent out tomorrow. I think the policy ought to be changed relatively soon. So if you could report back or ask the attorney general to report back to the committee on how the policy is being changed.
MR. MUELLER: Be happy to do that.
REP. WOLF: Okay, thank you. The second issue is with regard to the Virtual Case File. As we mentioned earlier, we have asked the committee’s survey and investigation staff to do a review of the Virtual Case Files program. We understand that your staff has been very helpful providing the S&I staff with information.