http://thinkprogress.org/2007/03/29/sampson-feinstein/Sampson Admits He Made Call To Silence FBI Complaints Over Lam’s Firing
During today’s hearing, Sen. Diane Feinstein (D-CA) questioned Kyle Sampson about the head of the FBI office in San Diego, Dan Dzwilewski, who told reporters in January that Carol Lam’s firing was a blow to efforts to prosecute ongoing cases.
At a hearing with FBI Director Robert Mueller this week, Feinstein said that Dzwilewski’s office had told her it had subsequently been contacted and “warned to say no more.” Under questioning today, Sampson acknowledged he had made the call to complain about Dzwilewski’s statement. But Sampson said he had merely “asked…why an FBI employee was commenting on that issue.” Watch it at link:
Also today, Sampson claimed that the “real problem” with Carol Lam that Sampson referred to in an email “was her office’s prosecution of immigration cases.”
lamletterfein.gifFeinstein told Sampson, “It is a real surprise to me that you would say here that the reason for her dismissal was immigration cases.” She then revealed a letter of commendation to Carol Lam dated Feb. 15, 2007, signed by the director of field operations of the United States Customs and Border Protection Agency. She read some excerpts to Sampson:
To address the alien enforcement issue, your office supported the implementation of the Alien Smuggling Fast Track Program, and has demonstrated a commitment to aggressively address the alien smuggling recidivism rate.
In support of Border Patrol referrals for prosecution, your office maintains a 100 percent acceptance rate of criminal cases while staunchly refusing to reduce felony charges to misdemeanors and maintaining a minimal dismissal rate and supporting special prosecution efforts.
The letter (see a full copy HERE) concludes, “I speak for my entire staff when I say that we are honored to have had the privilege of working with you and your staff for the past four years. … Again, thank you for your support; you will be missed.”
Digg It!
Transcript:
FEINSTEIN: Thank you very much, Mr. Chairman.
I’d like to go back to your answers to Senator Specter’s questions, when he asked you about the notice you received on the search warrant on May 10th, 2006, and you indicate — and he asked you if that was related — the real problem aspect was related to this case. And you said no, it was her immigration record. I’m sending — asking my chief counsel to give you a letter and asking that that letter be also distributed to the committee as well as to the press. This is a letter dated February 15th…
LEAHY: And does the senator want that in the record also?
FEINSTEIN: I would. Thank you very much.
LEAHY: Without objection.
FEINSTEIN: … September 15, 2007, signed by the director of field operations of the United States Customs and Border Protection Agency. It’s sent to Carol Lam. And it is a letter of commendation, and I will just read a few sections.
To address the alien enforcement issue, your office supported the implementation of the Alien Smuggling Fast Track Program, and has demonstrated a commitment to aggressively address the alien smuggling recidivism rate.
In support of Border Patrol referrals for prosecution, your office maintains a 100 percent acceptance rate of criminal cases while staunchly refusing to reduce felony charges to misdemeanors and maintaining a minimal dismissal rate and supporting special prosecution efforts.
In validation of enforcement initiatives, your staff aggressively prosecuted enrollees in the Sentry program who engaged in smuggling to support a zero-tolerance posture. They have focused on cases of fraud, special-interest aliens, prosecution of criminal aliens and supported our sustained disrupt operations.
The prosecution’s unit presented 416 alien smuggling cases, which represents a 33 percent increase over the 314 cases presented in ‘05. The prosecutions unit identified and pursued the prosecution of several recidivist alien smugglers and presented 30 non-threshold alien smuggling cases for prosecution, resulting in a 100 percent conviction rate. This represents a 329 percent increase over the seven non-threshold cases presented in 2005.
Additionally, a cumulation study done by USA Today places Carol Lam as one of the top three attorneys in the United States for the prosecution of these cases. It is a real surprise to me that you would say here that the reason for her dismissal was immigration cases. Now, if I might go on, who, Mr. Sampson, was Dusty Foggo or is Dusty Foggo?
SAMPSON: I understand from news reports, Senator, and from general knowledge, that he was an employee at the CIA.
FEINSTEIN: And who is Mr. Wilkes?
SAMPSON: I don’t know. I understand, again from news reports, that he’s affiliated somehow with Mr. Foggo.
FEINSTEIN: And are you aware that on May 10th Carol Lam sent a notice to the Department of Justice saying she would be seeking a search warrant of the CIA investigation into Dusty Foggo and Brent Wilkes?
SAMPSON: I don’t remember ever seeing such a notice.
FEINSTEIN: But the next day you wrote the e-mail which says, The real problem we have right now — right now — with Carol Lam that leads me to conclude we should have someone ready to be nominated on 11/18, the day after her four-year term expires, that that relates to her immigration record.
SAMPSON: The real problem that I was referring to in that e-mail was her office’s failure to being sufficient immigration cases.
FEINSTEIN: OK.
SAMPSON: The attorney general in the month before had been subject to criticism at his — at a hearing in the House Judiciary Committee. And thereafter at the Department of Justice, in our senior management meeting with the deputy attorney general and others, there had been a robust discussion about how to address that issue.
The department was being criticized for not doing enough to enforce the border, largely by House Republicans. And the attorney general was concerned about it. And he asked the deputy attorney general to take some action to address that issue.
I recall also that the deputy attorney general was scheduled to meet with the California House Republicans, who were critical of Carol Lam, on May 11th.
FEINSTEIN: Let me just move on.
On January 13th, Dan Dzwilewski, the head of the FBI office in San Diego, said that he thought Carol Lam’s continued employment was crucial to the success of multiple ongoing investigations.
FEINSTEIN: Did you call FBI headquarters and complain about those comments?
SAMPSON: I did. I called Lisa Monaco (ph), who serves as a special assistant to the director of the FBI, and asked her why an FBI employee was commenting on that issue.
FEINSTEIN: And why would you think that the special agent in charge in the area should not comment on whether her termination was going to affect cases?
SAMPSON: I understood that Carol Lam was a political appointee, and that a decision had been made in the executive branch to ask her to resign so that others could serve.
FEINSTEIN: OK.
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