QUESTIONS FOR MR. BILL PERRY ON THE FBI INVESTIGATION Could you describe the FBI's findings in the Bertin case and whether the Bertin killing was linked to other execution-style murders? Which other murders were linked by this evidence? Has the Bureau briefed Haiti's new special investigative unit on its findings on the Bertin killing and/or the links to other murders? Have you turned over evidence collected? Do you believe the FBI could advance this investigation if it were to return to Haiti with assurances of the government that it would cooperate? What problems do you anticipate if the FBI were to return to resume its investigation? Please provide for the record a chronology on the FBI's investigation into the Bertin murder, including mention of any briefings of any U.S. government officials by the FBI on its inquiry. Specifically, when did the FBI first brief NSC and State Department officials in Washington, D.C. on the links between the Bertin killings and others? Who at the NSC and State was first provided this information? Were you or any other official of the FBI aware of Ambassador James Dobbins' requests to the National Security Council for an FBI briefing on the Bertin inquiry (to which he alluded in his January 4 testimony)? If so, when did these requests occur? What was the decision on whether such briefings should take place? When such briefings were denied, who ultimately decided that such briefings should not take place, and what was the reason for this decision? When such a briefing was arranged, who ultimately decided that such a briefing should take place? Were there threats or intimidation of your agents or potential witnesses by officials of the Haitian Government? Were any of these threats traced to officials of the Haitian Government? Was the FBI concerned that Haitian Government retained lawyers were "coaching" witnesses or suspects in the Bertin investigation? On what do you base this conclusion? Which lawyers, providing names where available, were involved in such behavior? Has anyone at the State Department complained or expressed any concern to the Justice Department about briefings that you were providing to Members of Congress and their staffs? If so, what was the basis of their complaints? Are you aware of any effort by the State Department to encourage the FBI to keep its findings from the Congress? Has the State Department reviewed, commented on, or changed the FBI's prepared testimony or any prepared Q&A that you offered at the January 4 hearing? LEE H. HAMILTON, INDIANA RANKING DEMOCRATIC MEMBER SAM GEJDENSON, CONNECTICUT ROBERT G. TORRICELLI, NEW JERSEY ENI F H. FALEOMAVAEGA, AMERICAN SAMOA CYNTHIA A. MCKINNEY, GEORGIA MICHAEL R. MCNULTY, NEW YORK JAMES P. MORAN, VIRONA VICTOR O. FRAZER, VIRGIN ISLANDS (IND.) MICHAEL H. VAN DUSEN DEMOCRATIC CHIEF OF STAFF Mr. Andrew Fois Assistant Attorney General Office of Legislative Affairs Department of Justice Main Justice Building, Room 1145 Washington, D.C. 20530 Dear Mr. Fois: Enclosed are written questions for Mr. Seth Waxman, pursuant to his sworn testimony at a January 4 Committee hearing on Haiti Human Rights and Police Issues. We are also providing the unedited transcript of this hearing for any necessary editing by this witness. With respect to these submitted questions, I ask that you remind Mr. Waxman that, as a supplement to his testimony offered under oath before the Committee, his written replies will be considered as sworn testimony. Because of the urgency of the Committee's ongoing inquiry into these issues, we intend to complete the record of this hearing as soon as possible. Therefore, we ask that written replies to these questions be submitted no later than January 19. Any questions regarding the record of this hearing should be directed to Ms. Parker Brent of the Committee staff, 202-225-5021. With best wishes, Enclosures Sincerely, BENJAMIN A. GILMAN - as stated QUESTIONS FOR MR. SETH WAXMAN To the best of your knowledge, when did the Department of Justice or FBI first brief NSC and State Department officials in Washington, D.C. on the links between the Bertin killings and others? Who at the NSC and State was first provided this information? Were you or any other official of the Justice Department aware of Ambassador James Dobbins' requests to the National Security Council for an FBI briefing on the Bertin inquiry (to which he alluded in his January 4 testimony)? Did the State Department make any such requests to the Justice Department or the FBI? If so, when did these requests to the NSC, Justice Department, or FBI occur? What was the decision on whether such briefings of State Department officials should take place? When such briefings were denied, who ultimately decided that such briefings should not take place, and what was the reason for this decision? When such a briefing was arranged, who ultimately decided that such a briefing should take place? Provide for the record all correspondence between U.S. government officials and Haitian government officials (or their agents) regarding the FBI's Bertin inquiry. Under what circumstances, conditions, and/or parameters would the Justice Department support the return of the FBI to Haiti to complete its investigation into the Bertin killing? Has the Justice Department formulated specific criteria and guidelines regarding the FBI's participation in investigations abroad in cases in which the FBI has no criminal or investigative jurisdiction (as was the case in the Bertin killing)? If so, what are they? What are the Justice Department's practices, procedures, and requirements as to providing timely warning to private individuals who may be the target of specific death threats based upon any credible information that may come to the Department's attention during the course of an investigation or otherwise? Q. Question for the Record Submitted to Robert Gelbard January 4, 1996 (Updated to reflect events a/o 2/29/96) Have any of the individuals associated directly or indirectly with the Special Investigative Unit been implicated in human rights violations or other criminality? For example, is it correct that Dany Toussaint has had or may have direct or indirect supervisorial role over the Unit? A. To the best of our knowledge, none of the police officers who have been attached to the special investigative unit (SIU), nor any of the prosecutors or investigative magistrates who have supervised them, has been implicated in human rights violations or other criminality. Dany Toussaint, as head of the Judicial Police prior to his January 16 resignation, did not have supervisorial authority over the SIU's investigations. Nevertheless, he did have administrative responsibility over the police officers seconded to the SIU, a fact which of course concerned us. In practice, however, Toussaint never exercised his authority over these police officers. We understand in this connection from U.S. Department of Justice personnel assigned to police headquarters that, during his few weeks as head of the Judicial Police, Toussaint never appeared at police headquarters. Question for the Record submitted to James F. Dobbins Q. During your January 4 testimony, you twice cited several attempts from April to September 1995 to arrange a briefing for State Department fficials on the FBI's Bertin investigation. For the record, please provide correspondence or telephone logs to substantiate any such requests within the State Department or with the National Security Council, the Justice Department, or other U.S. geernment agency. A. What was the decision on whether such briefings should take I sought, throughout the summer of 1995, to secure information regarding the Leitin and other execution style killings in Haiti. I encouraged active Embassy and other agency collection and reporting on this subject. During my visit to Port-au-Prince on July 3, along with Associate Deputy Attorney General Waxman, and FBI Deputy Assistant Director Perry, I had been asked by Mr. Wazman to absent myself fron meeting he and Mr. Perry held with the local FF1 team where these issues were to be discussed. I therefore turned to the NSC Staff for assistance in securing information from the FBI on the results of their investigation. |