Testimony of Andreas Stephens, Section Chief, Violent Crimes
and Major Offenders Section, FBI
Before the Senate Committee on the Judiciary, Subcommittee
on Criminal Justice Oversight
May 16, 2000
"Threats to Federal Law Enforcement Officers"
Good
Afternoon, Mr. Chairman and members of the subcommittee. I
am very pleased to appear before you today to discuss the
Federal Bureau of Investigation's (FBI's) role in investigating
assaults, threats and the killing of federal employees. Through
the delegation of investigative responsibilities by the Department
of Justice (DOJ), the FBI has primary jurisdiction in all
assaults, threats and killings of federal employees, unless
the victim is a member of the Department of the Treasury (DOT).
Pursuant to an October 2, 1956, agreement, the DOT has investigative
jurisdiction over assaults, threats and killings of its personnel.
Additionally, pursuant to a Department of Justice (DOJ) policy
directive dated 3/5/74, the United States Postal Service (USPS)
has primary jurisdiction for assaults, threats, and killings
of its employees if the offender is also employed by the USPS.
The FBI
investigates assaults, threats and killings of federal employees
pursuant to Title 18 U.S.C. Sections 111 (Assaulting, Resisting
or Impeding Certain Officers or Employees); 115 (Influencing,
impeding, or retaliating against a Federal Official by threatening
or injuring a family member); 1111 (Murder); 1112 (Manslaughter);
1114 (Protection of officers and employees of the United States);
1116 (Murder or manslaughter of foreign officials, official
guests, or internationally protected persons); 1117 (Conspiracy
to murder in violation of Section 1114); 2231 (Assault or
resistance); and 1201 (a)(5) (Kidnapping in violation of 1114).
Additionally, U.S. Supreme Court Justices, members of Congress,
and the heads of executive branch departments are afforded
protection under Title 18 U.S.C. Section 351 (Congressional,
Cabinet, and Supreme Court Assassination, Kidnapping, and
Assault).
The safety
of all federal employees and their family members is a top
priority of the FBI. For the purposes of this hearing, the
term "federal employee" includes the class of employees
defined by Title 18 U.S.C. Section 1114,
"any
officer or employee of the United States or of any agency
branch of the United States Government (including any member
of the uniformed services) while such officer or employee
is engaged in or on account of the performance of official
duties."
Each
reported incident is aggressively pursued and referred to
the Department of Justice for prosecutive consideration. In
those incidents where the FBI acts as the primary investigative
agency, coordination is closely established with the victim
employee's agency. Nevertheless, each threat creates tremendous
strain on the victims and their families, and therefore requires
and receives appropriate attention.
NUMBER
OF ASSAULTS ON FEDERAL OFFICERS INVESTIGATED BY THE FBI
The Uniform
Crime Reports (UCR) 1994 through 1998 reflect that federal
agencies reported assaults against 3610 employees, resulting
in 1033 injuries. During this same period, 24 federal law
enforcement officers were slain in the line of duty, as follows:
INS Agents |
5 |
FBI Agents |
4 |
Secret Service Agents |
4 |
Bureau of Indian Affairs Officers |
4 |
DEA Agents |
2 |
U.S. Customs Agents |
2 |
Capitol Police Officers |
2 |
National Park Service Ranger |
1 |
Housing and Urban Development |
1 |
In 1999,
the FBI initiated 585 investigations regarding assaults against
federal employees. During that year, two officers were slain
in the line of duty. These cases involved the 12/9/1999 murder
of a Bureau of Indian Affairs Officer, in Whiteriver, Arizona
and the 12/12/1999 murder of a Department of the Interior,
National Park Service Officer, in Kailua-Kona, Hawaii.
During
the first half of fiscal year 2000, the FBI has initiated
286 Assault on a Federal Officer (AFO) investigations. Since
1994, the FBI has initiated 4,234 investigations that involved
a federal officer being assaulted, threatened or killed. Federal
officers were killed in 26 of these cases. To date, 675 individuals
have been convicted as a result of these investigations.
Since
1994, the FBI has investigated 916 cases in which a member
of Congress was threatened or assaulted. These investigations
have resulted in 25 convictions.
The FBI
currently employs 11,583 Special Agents. Since 1997, FBI Agents
have occasionally been confronted with circumstances requiring
the use of deadly force. Since 1997, FBI Agents discharged
their firearms during 52 incidents involving an adversarial
contact with a subject. The numbers are set forth below:
YEAR |
NUMBER
SA INJURED/KILLED |
NUMBER
SUBJECT INJURED/KILLED |
1997 |
16 |
12 |
1998 |
10 |
6 |
1999 |
11 |
5 |
2000 |
5 |
5 |
Following
a shooting, the FBI requires the involved Special Agent to
attend a critical incident stress debriefing with a trained
Special Agent counselor who has been involved in a similar
incident.
ACTIVITY
RESULTING IN ASSAULTS AGAINST FEDERAL OFFICERS
According
to the Uniform Crime Reports, federal officers are most likely
to be assaulted while encountering crimes in progress, conducting
investigations, or making arrests. In the majority of incidents,
federal officers are assaulted with personal weapons such
as hands, fist or feet. In fourteen percent of all cases,
a firearm was used. Since 1989, 682 state, local and federal
law enforcement officers have been killed in the line of duty.
Of these officers, 239 were slain during arrest situations,
a total of 35 percent. Ninety-two percent were killed with
firearms.
FBI
RESPONSE TO ASSAULTS AGAINST FEDERAL EMPLOYEES
When
a federal employee is assaulted or killed, it is imperative
that the case be aggressively and expeditiously investigated.
Coordination is immediately established with appropriate state,
local and federal law enforcement agencies, in addition to
the United States Attorney's Office. The victim and any witnesses
are immediately interviewed for relevant information. Where
appropriate, crime scene investigators are dispatched to collect
evidence.
The FBI
employs its full arsenal of sophisticated investigative techniques,
including electronic and physical surveillance, search warrants
and Federal Grand Jury Subpoenas. The case is ultimately presented
to the Department of Justice for prosecutive opinion. The
Department of Justice's general policy, as stated in the United
States Attorney's Manual, is to federally prosecute cases
in which the victim is an officer or employee with law enforcement
duties which regularly exposes him/her to the public. This
policy, with respect to assaults and other forms of forcible
resistance, provides these employees with a measure of security
which helps them in the performance of their duties. By contrast,
unless the circumstances are aggravated, offenses against
other federal employees are generally referred to a local
prosecutor.
When
the FBI receives information that a federal employee has been
threatened, the victim is immediately notified of the threat.
The victim employee's agency is notified as is any agency
having protective responsibility. For example, the United
States Marshals Service has protective responsibilities with
respect to federal judicial officials, while the FBI is responsible
for the criminal investigation. Similarly, any investigation
regarding threats against a member of Congress is closely
coordinated with the U.S. Capitol Police. In order to assist
the U.S. Secret Service (USSS) in its statutory protective
functions, the FBI notifies the USSS in cases in which federal
employees are assaulted or killed.
The FBI
does not have protective responsibility, except for the Attorney
General and cases in which the victim is an FBI employee.
A threat assessment is immediately conducted. The threat assessment
includes a comprehensive background investigation regarding
the subject or organization that issued the threat. When the
identity of the offender is unknown, a review is conducted
of cases in which the victim has participated. Additionally,
coordination is established with the FBI's National Center
for the Analysis of Violent Crime (NCAVC). The FBI closely
coordinates these investigations with local, state and federal
law enforcement agencies.
In cases
in which the victim is an FBI employee, a threat assessment
is conducted and a decision is made whether an immediate relocation
of the victim is necessary. When necessary, the victim employee
is relocated to a temporary covert location, while further
investigation is conducted. Other security measures may include
installation of security equipment, surveillance, and coordination
with local law enforcement. Additionally, the victim and his
family are afforded a security awareness briefing and referred
to the Employee Assistance Program for necessary support.
The FBI submits an Annual Expenditure Report to the Office
of the Comptroller, Justice Management Division, regarding
expenses paid for threatened employees.
FBI'S
ASSISTANCE IN POLICE KILLINGS
At the
request of fellow law enforcement agencies, the FBI investigates
felonious or accidental deaths of local, state, and federal
law enforcement officers having full arrest powers, who are
killed during the performance of their official duties. The
FBI initiates an investigation to obtain additional details
concerning the circumstances surrounding the incident. Additionally,
the FBI furnishes the agency with information concerning two
federal programs which provide benefits to survivors of law
enforcement officers killed in the line of duty. The two federal
programs include the U.S. Department of Labor and the Public
Safety Officers' Benefits Program administered by the Department
of Justice. The FBI Uniform Crime Reporting Sections publishes
statistics regarding police killings.
In 1999,
42 federal, state and local law enforcement officers were
feloniously slain in the line of duty. This is a significant
decrease from 1998, in which 61 officers were slain, and 1997,
in which 70 officers were slain. In 1999, twelve officers
lost their lives during arrest situations. Six were serving
arrest warrants; three were investigating robberies; two were
investigating drug-related incidents; and one involved a burglary
suspect. Additionally, eight officers were murdered while
enforcing traffic laws, seven were investigating suspicious
circumstances, seven were answering disturbance calls, six
officers were ambushed, and two were handling prisoners. Forty-one
of the 42 officers murdered were slain with firearms.
TRAINING
In order
to increase safety awareness, and train agents in techniques
designed to avoid assaults, the FBI Practical Applications
Unit, located at the FBI Academy in Quantico, Virginia, has
developed the Law Enforcement Training for Safety and Survival
(LETSS) program. It is noted that this training is provided
for field investigators, as opposed to the highly specialized
training provided to tactical elements such as SWAT and the
Hostage Rescue Team (HRT). This program is structured on three
essential elements:
1)
Concepts in Survival: This element introduces and reinforces
the fact that survivability requires a will to survive. In
April, 1986, two FBI agents were killed in a shootout with
subjects who continued to fight long after receiving fatal
injuries. The concept in survival element establishes that
law enforcement officers have the same capacity to survive,
despite being injured.
2)
Basic Tactics: Agents are trained in techniques to limit
the risk of violent encounters. These techniques include methods
to recognize and approach high risk areas, as well as approach
subjects.
3)
Advanced Techniques: Agents are trained in high risk tactics
including felony vehicle stops and diffusing violent encounters.
In addition
to presenting schools at the FBI Academy, the Practical Applications
Unit has trained 300 tactical instructors from the 56 field
offices. These instructors are a crucial resource to the field
investigators in preparing for high risk encounters. The LETSS
program provides an excellent opportunity to introduce new
safety techniques, as well as reinforce traditional concepts
to experienced investigators. Although this training is essential
to the safety of agents, funding remains a critical issue.
Unlike basic training for new agents, and advanced tactical
training for SWAT elements, training for street agents is
not independently funded. In fact, the only funding for tactical
training of street agents is through the Safe Streets and
Safe Trails Task Force budgets. The FBI sponsors 174 Safe
Streets and Safe Trails Task Forces, in 54 of its 56 field
offices. The Task Forces include 1096 state and local law
enforcement officers, 805 FBI Special Agents and 251 officers
from other federal agencies. All state and local Task Force
officers are deputized federal officers under Title 18 and
Title 21 of the United States Code. The training is limited
to violent crime task force investigators.
PROSECUTION
OF SUBJECTS WHO ASSAULT FEDERAL OFFICERS
The FBI
encourages aggressive Federal prosecution of those who threaten
federal employees. Generally speaking, Federal prosecutors
require actual injury, or substantial overt acts before prosecuting
a case in which a law enforcement officer is the victim. Agents
and officers who carry firearms and possess arrest powers
are viewed as somewhat less vulnerable than prosecutors, judges
and elected officials.
Unfortunately
there have been instances in which FBI agents were assaulted
and prosecution was not authorized. For example, on April
5, 1999, Special Agents of the FBI and other law enforcement
officers sought to effect the arrest of a convicted felon.
Two marked Indianapolis Police Department cruisers activated
their emergency flashers as an FBI SWAT team approached the
house. As agents, armed with a warrant, attempted to enter
the house, the subject fired two rounds, nearly striking one
of the agents in the head. The United States Attorney's office
declined prosecution contending that the government could
not disprove the defendant's claim of self-defense because
the defendant allegedly did not realize that law enforcement
officers were attempting to enter the house. In a letter to
the United States Attorney for the Southern District of Indiana,
FBI Deputy Director Thomas Pickard described the decision
as "a failure to vindicate the principle that criminals
may not use deadly force to avoid arrest without facing the
severest of consequences."
Although
the number of investigations has remained relatively constant,
the nature of these incidents has changed in recent years.
Some of the apparent factors include the FBI's expanded role
in international investigations, the proliferation of anti-government
groups, and the increasing use of the Internet in furtherance
of criminal activity.
FBI'S
EXPANDED ROLE IN INTERNATIONAL INVESTIGATIONS
The FBI's
involvement in international investigations has brought credibility
to complicated multi-national investigations, with many successes.
Unfortunately, these investigative successes, along with world
events, have increased the risk of harm to FBI Agents by criminal
elements. In order to address these increased risks, the FBI's
International Operations Section has designed a briefing program
to inform employees about security risks related to international
assignments. The training includes an intensive one week school
at the FBI Academy regarding surveillance detection, cultural
awareness, vehicle control, attack recognition, and escape
maneuvers. Additionally, employees attend a security awareness
school sponsored by the Department of State regarding environmental
hazards, evacuation procedures, crisis management, and hostage
survival.
The FBI's
Critical Incident Response Group (CIRG) has initiated security
surveys of the residences and work environment of FBI employees
assigned to legal attache posts. These surveys include analysis
of the location, construction, and relative security of structures
utilized by FBI employees. The CIRG consolidates the FBI's
crisis management expertise by combining both the tactical
and negotiations components of an FBI rapid response to a
critical incident. One of the responsibilities of the CIRG
is to respond to terrorist incidents. Evidence Response Teams
and Rapid Deployment Teams are dispatched to critical events
when directed by the Attorney General, in furtherance of extraterritorial
jurisdiction. For example, in 1998, the CIRG responded to
the U.S. Embassy bombings in Tanzania and Kenya. In 1999,
the CIRG responded to Kosovo to assist with the war crimes
investigation by processing alleged mass grave sites for items
of evidentiary value. As these deployments continue, the likelihood
of assaults on FBI employees overseas increases.
On 11/9/1999,
an FBI Supervisory Special Agent and a DEA Special Agent were
assaulted in Matamoros, Tamaulipas, Mexico. The Agents were
confronted by a group of armed men who pointed weapons at
the agents, attempted to remove the agents from their vehicle
and threatened to kill them. During this confrontation, both
agents displayed their diplomatic passports, and the FBI Agent
displayed his FBI credentials. After several minutes, the
Agents convinced the subjects to let them leave. The FBI initiated
an Assault Against a Federal Officer investigation. The case
is being closely coordinated with the DEA, the United States
Attorney's Office and Mexican authorities. The FBI is confidant
that the investigation will be brought to a successful conclusion.
INCREASED
ACTIVITY OF ANTI-GOVERNMENT GROUPS
On January
30, 1998, Eric Robert Rudolph fled into the wilderness area
of Western North Carolina. Rudolph has been charged with four
bombings, including the July 27, 1996 Centennial Olympic Park
Bombing in Atlanta. The four bombings resulted in three deaths
and over 125 injuries. The Southeast Bomb Task Force (SBTF)
established a command post to investigate the bombings, and
search for Rudolph. On November 11, 1998, Veteran's Day, eight
shots were fired at the SBTF Command Post in Andrews, North
Carolina. One round went through and interior door and passed
over the head of an FBI Agent as he was leaning forward in
a chair.
This
incident reflects the type of threat confronted by Agents
involved in Domestic Terrorism investigations. The subjects
in this case were clearly motivated by a desire to discourage
law enforcement from continuing its investigation regarding
the bombings. In addition to acts of violence, several Domestic
terrorist groups have purported to create their own "judicial
system" which they use to oppose and circumvent lawfully
constituted institutions and authorized processes in the United
States. These "Common Law Courts" or "People's
courts", are often used mechanism to impede legitimate
law enforcement activity by attaching liens against the property
of law enforcement officers.
INCREASED
USE OF INTERNET IN AFO'S
The FBI's
Violent Crime Major Offenders (VCMO) Program investigators
have been coordinating closely with the Computer Investigations
Unit and National Infrastructure Protection and Computer Intrusion
(NIPCI) Squads, regarding threats conveyed via the Internet.
Although this is a recent initiative, and statistical data
has not been compiled, a preliminary review of FBI Field Office
statistics revealed a total of 22 investigations initiated
in fiscal year 2000, in which NIPCI Squads are assisting violent
crime investigations. The increase in the level of assistance
to the (VCMO) Program appears to relate specifically to the
transmission of threatening communications over the Internet,
which include threats directed toward government officials.
This trend has resulted in a barrage of requests from the
field offices for additional training in responding to threats
communicated over the Internet. The Violent Crimes/Fugitive
Unit is coordinating with the FBI Academy to design a training
program to train investigators involved not only in AFO investigations,
but kidnapping, extortions, and murder for hire investigations
in which the Internet is used.
CONCLUSION
I want
to thank the subcommittee for giving me the opportunity to
testify here today. The increased risk of assaults on federal
officers is real and growing. The FBI is moving to aggressively
meet this challenge by training FBI agents and investigators
from other agencies not only on how to investigate these offenses,
but also how to avoid becoming a victim. We have already had
significant successes in the fight. I look forward to working
with Congress to ensure that we continue to be able to meet
the threat as it evolves and grows.
Thank
you.
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