Secret Service To Make Officer Available For Interview By D.C. Police Complaint Agency (4/14/08)

Washington, D.C. - Congresswoman Eleanor Holmes Norton (D-DC) today released a letter from Don Personette, Chief Counsel, U.S. Secret Service (USSS) after conversation between her office and USSS officer that resulted in an agreement that the Secret Service will make available for an interview, a USSS officer in connection with a complaint the D.C. Office of Police Complaints (OPC), filed by a D.C. resident.

After receiving a letter from the OPC Executive Director Philip K. Eure requesting her assistance in resolving the matter, Norton wrote Mark Sullivan, Director of the Secret Service on March 28, 2008 requesting the agency's cooperation and citing applicable federal law that contradicted USSS correspondence to the OPC declining to make the officer available.

Norton said that her office received a call from USSS the day her letter was sent indicating that the matter would be reviewed. On April 1, USSS chief counsel wrote the OCC and staff indicating that the USSS would allow the officer to be interviewed, and a date is being arranged.

The OPC issued a subpoena only when it could not get cooperation, but Norton said she regretted that the subpoena stage had been reached. She said that the officer, like any citizen, was obligated to appear, although of course, the officer was entitled to be represented during the interview. "This is the sort of matter that should always be settled through discussion." The Congresswoman said that she appreciated the quick response of the USSS and the decision to make the officer available. "Particularly in light of the long and increasing vital relationship between District and Federal agencies, I am pleased that we are back to working together to settle our differences, as always," Norton said.

The full text of Norton's letter follows. The USSS letter is available by fax or PDF.

March 28, 2008

Mark Sullivan, Director

United States Secret Service

245 Murray Drive

Building 410
Washington, DC 20223

Dear Director Sullivan:

I am writing after receiving correspondence from the District of Columbia Office of Police Complaints that has alerted me of a situation that is unbefitting a police organization. I therefore bring this matter to your personal attention in the interest of all concerned, and I request the matter be reviewed and reconsidered at the highest levels of the United States Secret Service (USSS). As I understand it, USSS officials assert that agency employees may not participate in investigations into events officers have witnessed. However, the law is clear that USSS employees may not be compelled to testify "unless authorized to do so by the Office of the Chief Counsel . . . ." The necessity for an official agency to resort to subpoena when no official reason is offered for refusing to cooperate is as surprising as it is intolerable. There even has been a threat to resort to court action on a matter involving police departments which regularly work together.

USSS officers have statutory privileges that give them powers similar to those the Metropolitan Police Department. These privileges carry with them similar responsibilities. In the absence of a refusal to waive the provisions in Title 6 of the Code of Federal Regulations (CFR), §§ 5.41-5.49, that is based on federal law or on the lawful use of agency discretion, it is difficult to imagine a colorable federal defense to such a subpoena. The USSS is not a party to litigation with something to hide. When a citizen is a witness to a matter under official investigation, he is obliged to provide testimony during that investigation. By refusing to allow officers to be available for an interview with investigators at the Office of Police Complaints, officials seem to suggest that Federal police officers are not subject to the same responsibilities and obligations as other American citizens, including myself, living in the District of Columbia or elsewhere. To the contrary, it is a vital part of a police officer's duty to assist with lawful investigations. Far from being immune, federal and local officers have a special obligation to cooperate and facilitate lawful investigations.

The relationship between District and Federal law enforcement officials and D.C. and Federal agencies has always been one of mutual cooperation. Congress has required that the District and Federal governments, its officers and agencies, cooperate and work together on matters almost daily. This cooperation ensures the safety of federal and private sector employees, residents, and visitors. The USSS may not arbitrarily carve out exceptions to this cooperation unless mandated by law or for other stated lawful reasons within the agency's discretion.

I am requesting that you conduct a review of this matter in light of the importance of the relationship that must exist between the District and Federal officers.

Thank you for your consideration.

Sincerely,

Eleanor Holmes Norton

Cc: Philip K. Eure, Executive Director, Office of Police Complaints

The Hon. Henry Waxman, Chair, Committee on Oversight and Government Reform

The Hon. Tom Davis, Ranking Member, Committee on Oversight and Government Reform

The Hon. Bennie G. Thompson, Chair, Committee on Homeland Security

The Hon. Peter T. King, Ranking Member, Committee on Homeland Security

Mayor Adrian Fenty, District of Columbia

Chairman Vincent Gray, DC City Council

Councilmember Phil Mendelson, Chair, Council Committee on Judiciary

Peter Nickles, Interim Attorney General, District of Columbia

Chief Cathy L. Lanier, Metropolitan Police Department

Secretary Michael Chertoff, US Department of Homeland Security