DHS Attempt to Pre-clear Testimony of Subpoenaed Line FPS Officers is Unauthorized (4/17/07)
Norton Says DHS Attempt to Pre-clear Wednesday's Testimony of
Subpoenaed Line FPS Officers is Unauthorized and Intimidating
April 17, 2007
Washington, DC -The Office of Congresswoman Eleanor Holmes Norton (D-DC), Chair of the Transportation and Infrastructure Committee's Economic Development, Public Buildings and Emergency Management Subcommittee, today released a letter she wrote to Michael Chertoff, Secretary of the Department of Homeland (DHS), expressing her dismay that DHS has asked line Federal Protective Service (FPS) officers subpoenaed to testify at a hearing tomorrow on the FPS (10 AM, Room 2167 Rayburn House Office Bldg.) to submit their testimony in advance. Norton wrote that an April 13 letter from a DHS official to the witnesses "could have a chilling effect, and could prevent the committee from receiving the candor necessary for effective oversight." She said that the letter is particularly troubling because the committee is not requiring written comment from subpoenaed FPS officers, who will be testifying in their personal capacity about their day-to-day activities, not about agency policy. Norton said that the request for the officers' testimony was unauthorized by the Office of Management and Budget Circular A-19 or any other directive or authority on pre-clearance by agency officials of witness testimony.
Norton said that the committee has no intention of asking the witnesses for any information that would compromise federal security. The hearing, she said, clearly is intended to solicit first-hand information from line officers on their routines in protecting federal facilities. The committee intends "to ensure that no retaliatory action is taken against the subpoenaed FPS officers," Norton said.
The full text of the Norton letter follows. A copy of the DHS letter to witnesses is attached (or linked here) and can be faxed upon request.
April 17, 2007
Secretary Michael Chertoff
U.S. Department of Homeland Security
Dear Secretary Chertoff,
I have become aware of the letter sent Friday, April 13th, 2007 by Dean Hunter, Assistant Acting Director of the Department of Homeland Security Federal Protective Service, requesting that the subpoenaed Federal Protective Services (FPS) witnesses submit their testimony in advance of the April 18th, 2007 Transportation and Infrastructure Hearing "Downsizing the Federal Protective Service and Its Effect on the Protection of Federal Buildings." Iam concerned and frankly shocked that such a letter would be sent to the subcommittee's witnesses which could have a chilling effect, and could prevent the Committee from receiving the candor necessary for effective oversight.
There have been virtually no oversight or hearings on the Federal Protective Service since it was moved to the Department of Homeland Security (DHS). The testimony of the subpoenaed FPS officers is intended to provide the Committee with information on the day-to-day routine of FPS officers and how their routines fit within the FPS mission of protecting federal facilities, especially since FPS's migration to DHS. Their testimony is essential to this Committee's oversight responsibilities of FPS and an evaluation of the Administration FY 08 budget proposal that would significantly reduce the presence of FPS officers in federal facilities.
Your letter is particularly troubling because we are not requiring written testimony from the subpoenaed FPS officers. Even if written testimony was provided by the subpoenaed witnesses, this Committee is unaware of how the Office of Management and Budget (OMB) Circular A-19 or any other agency directive on the clearance of testimony would apply to these FPS officers, who will be testifying in their personal capacity. The Committee has no intention of asking the subpoenaed FPS officers for any information that compromises federal security. Further, even if DHS is concerned about privileged information being released, I would welcome DHS providing a lawyer to advise the witnesses on whether any questions presented pose a threat to national security.
In closing, the Committee will use its full oversight capability, and that ofthe Department of Homeland Security Inspector General, to ensure that no retaliatory action is taken against the subpoenaed FPS officers.
Sincerely,
Eleanor Holmes Norton