12

(7) 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?

In one instance, the FBI team expressed concern to the U.S. military about an attorney's contacts with persons detained as suspects in an alleged conspiracy to kill Mrs. Bertin.

In early May, Burton V. Wides, an American attorney, informed the U.S. military that he had been commissioned by President Aristide to conduct an investigation of the Bertin/Baillergeau murders, and he requested access to the six individuals who had been arrested on March 19, 1995, for alleged involvement in a plot to murder Mrs. Bertin. The U.S. military agreed, on the condition that the FBI be present.

On May 11, Wides interviewed five of the six prisoners in the presence of an FBI agent. Each prisoner was interviewed separately. The man who had reported the plot and his wife responded to Wides' questions. The other three prisoners indicated they did not wish to answer any questions unless their attorney was present. Wides then asked each of the three prisoners to listen to his understanding of the facts and proceeded to describe to each prisoner a scenario that minimized or eliminated the three prisoners' culpability in the alleged conspiracy to murder Mirielle Bertin, and that corroborated the previous exculpatory statements of one of those prisoners.

We do not know what Mr. Wides' intent was in these dealings with the prisoners. However, after the interviews, the FBI expressed its concerns to both the U.S. Military and the Government of Haiti that this sort of access could impede the investigation and taint the testimony of the detainees.

13

(8) 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?

At one point, the Department of State indicated to the Department of Justice that the Department of State had been unaware that some of the briefings had taken place, and asked that Justice let them know about any requests for such briefings, which the Department of Justice has since done. Otherwise, I am not aware of anyone from the Department of State who complained or expressed any concern to the Department of Justice about the briefings that I provided to members of Congress and their staffs.

I am not aware of any effort by the Department of State to encourage the FBI to keep its findings from Congress.

14

(9) 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?

As part of the customary interagency clearance process for Congressional testimony by Administration witnesses, copies of draft prepared testimony of the FBI and Department of State witnesses at the hearing, as well as draft responses to the Committee's written questions were exchanged among the FBI, Department of Justice and Department of State for review and comment. Comments on the draft FBI testimony by the Department of State were considered, and where those comments served to clarify or correct a draft statement, those comments were reflected in the final prepared statement. Similarly, the FBI and Department of Justice had an opportunity to review and comment on the draft prepared statements of Ambassadors Gelbard and Dobbins.

Thank you for providing the Department of Justice with an opportunity to testify before the House International Relations Committee's January 4, 1996, hearing on Haiti human rights and police issues. The Department has reviewed the transcript from the hearing, has made corrections where necessary, and encloses this document with this transmittal. Seth Waxman's answers to the Committee's written questions are also enclosed. I hope these responses are both informative and helpful to the Committee's ongoing investigation.

During the hearing you asked Mr. Waxman for the "names of the attorneys who were involved at the time that you were making your -- having your discussions with Mr. Aristide". President Aristide was accompanied by three American attorneys when he met with Mr. Waxman, Mr. Perry and Ambassador Dobbins on July 3, 1995 -- Ira Kurzban, Burton Wides, and Laura Flynn. Following this meeting, when the FBI attempted to interview Haitian government employees, the FBI was contacted by other American attorneys who stated that they represented the employees the FBI wished to interview, not the Haitian Government. These attorneys were: Joseph Beeler, James McGuirk, Gregg Toung, and Paul Penichet.

In addition, at your request I enclose the Department's responses to questions propounded by the House Permanent Select Committee on Intelligence ("HPSCI"). As you are aware, without the approval of the HPSCI, the "third agency rule" prohibits our dissemination of the classified questions. We are, however, pleased to provide you with the answers in an effort to give you a more comprehensive view of the Department's efforts in Haiti. Please note that the answers are classified at the Secret level, and I ask that you ensure that all rules pertaining to the dissemination of classified materials are strictly adhered to. If you have any questions about these rules, please do not hesitate to contact me.

The Honorable Benjamin A. Gilman, Page 2

I hope the information provided aids the Committee in its oversight activities. If I can be of additional assistance, please contact me. Once again, thank you for these opportunities to discuss the Department's role in Haiti.

CC:

The Honorable Lee H. Hamilton, Ranking Member, House International Relations
Committee