(Monday, March 1) Note: Senators Leahy, Kennedy, Schumer and Durbin Monday released a letter they have sent to Attorney General John Ashcroft asking what knowledge and/or involvement he and officials in the Department of Justice may have had regarding the systematic pilfering and dissemination of internal Democratic staff documents by Republican staffers on the Judiciary Committee. The letter is one of two sent in recent days by the Democratic Senators, who are attempting to determine what information and involvement various federal agencies, departments and officials may have had relating to the theft and the stolen computer records. A similar letter was sent to the White House on Feb. 25. The text of that letter, to White House Counsel Alberto Gonzales, is available by clicking here.]
February 27, 2004
The Honorable John D. Ashcroft
Attorney General
U.S. Department of Justice
950 Pennsylvania Avenue, N.W.
Washington, D.C. 20510
Dear Attorney General Ashcroft:
As you know, the Senate Sergeant at Arms is currently investigating the theft by Republican staff of internal Democratic computer files from the Judiciary Committee server. Thousands of computer files are involved, and the secret surveillance apparently took place from at least 2001 into 2003. It appears that those involved in this surveillance and theft passed along information derived from their activities to partisan activists and to hand-picked columnists and media organizations. The subject matter of most of the stolen materials appears to have been judicial nominations.
Questions therefore arise as to whether anyone at the Department of Justice, which is involved in supporting the Administration’s judicial nominees, was involved in or aware of these activities or made privy to information obtained through this course of conduct:
Did you or anyone working in the Office of Legal Policy or elsewhere in the Justice Department, now or during the years 2001-2003 receive any of the computer files of Democratic Senators or their staffs, or information derived from those files?
Were you or anyone working at the Justice Department aware that Democratic computer files were the objects of Republican staff spying, theft or dissemination?
Did you or anyone who worked at the Justice Department from 2001-03 receive from C. Boyden Gray, Sean Rushton, Kay Daly, the Committee for Justice, the Coalition for a Fair Judiciary or any other intermediary any of the computer files of Democratic Senators or their staffs or information derived from those files?
Did you or anyone who worked at the Justice Department from 2001-03 receive from Manuel Miranda or any other Senate employee or employees any of the computer files of Democratic Senators or their staffs or information derived from those files?
Did you or anyone who has served at the Justice Department receive from Administration employees at the White House or elsewhere any of the computer files of Democratic Senators or their staffs or information derived from those files?
Please detail the contacts you and those serving at the Justice Department had with Manuel Miranda regarding judicial nominations. Did Mr. Miranda ever indicate to anyone at the Department of Justice that he had a means of obtaining inside information from the office of any Democratic Judiciary Committee member? Did he ever offer to provide anyone at Justice with such information?
Please detail the contacts you and those serving at the Justice Department had with C. Boyden Gray, Sean Rushton, Kay Daly, the Committee for Justice, and the Coalition for a Fair Judiciary regarding judicial nominations. Did any of these individuals ever indicate to anyone at Justice that he or she had a means of obtaining insider information from the office of any Democratic Judiciary Committee member? Did he or she ever offer to provide anyone at Justice with such information?
Given the frequency with which former Republican staffers of the Senate Judiciary Committee find employment at the Department of Justice, what efforts have you made to ensure that no one involved, implicated or aware of the computer thefts has been hired by the Justice Department and that no one who previously worked at the Judiciary Committee was involved, implicated or aware? Please provide the results of your inquiry.
We would appreciate your candid and thorough response to each of these important and relevant questions. We would also appreciate knowing what steps you took to assure yourself that no one affiliated with the Justice Department was involved, implicated, aware of or a beneficiary of these computer thefts.
We have yet to hear you or anyone from the Justice Department condemn this activity. Respectfully, we believe that the Administration’s confrontational and “by whatever means necessary” approach to its judicial nominations, as to so many issues, greatly contributed to the atmosphere in which Republican Senate offices committed these acts. As we are sure you would agree, establishing full public accountability for these computer thefts is an important first step toward restoring the basic trust that is necessary to restore comity in the Senate and with the Executive Branch.
Sincerely,
PATRICK LEAHY
United States Senator
EDWARD M KENNEDY
United States Senator
CHARLES E. SCHUMER
United States Senator
RICHARD J. DURBIN
United States Senator
http://leahy.senate.gov/press/200403/030104.html