FRIDAY, AUGUST 27, 2010
KLMNO
EZ RE POLITICS & THE NATION
FBI-ATF turf battle hurts bomb probes, official says
Justice Dept. tries to define agency roles, protect data sharing
BY JERRYMARKON Along-standingbattlebetween
the FBI and the ATF over who controls investigations of bomb- ings is a serious problemthat has caused law enforcement delays and duplication of effort, accord- ing to a top Justice Department officialwhois tryingtoresolve the dispute. ActingDeputyAttorneyGener-
alGaryG.Grindler, in an internal memo, said it is “critically impor- tant” that the two agencies share information so key intelligence is not lost.He designated the FBI as the lead investigator for explo- sives cases linked to terrorism, while the Bureau of Alcohol, To- bacco, Firearms and Explosives will control all other bombing in- quiries. But the Aug. 3 memo — which
highlights a rift in which FBI and ATF agents have occasionally bat- tled over jurisdiction and evi- dence, and even threatened to arrest each other at crime scenes — has triggered new resistance within ATF. The memo creates broadcategoriesofexplosivescas- es presumed to have terrorist links, such as those targeting courthouses, schools, shopping malls or any “tourist attraction.” The result, some ATF agents
fear, is that theFBIwill grabhigh- profile investigations by claiming a terrorism nexus and marginal- ize the ATF’s explosives expertise. “It’s very disheartening,” said
one ATF agent, who was not au- thorized to speak publicly about internalmatters. “Theywon’thes- itate to throw that memo in our face.” Other agents said there will be
further delays as the FBI decides whether bombings are terrorism- related — and then hands over
some cases weeks later to ATF agentswhomust retrace the FBI’s steps. The agencies use different techniques to investigate bomb- ings. “Everyone will have to wait for
the FBI to make a decision,” said one ATF agent. “This gives one agency—the FBI—the ability to control everything.” Top officials at both agencies
said they supported Grindler’s memo and are working together to implement it. They said rela- tions have improved in recent years, especially since the Justice Department’s inspector general found last year that agents were clashing at crime scenes “throughout the country.” “ATF is diligentlyworkingwith
the FBI to implement the recom- mendations andrequirements set forth in his memorandum,” said ATF Deputy Director Kenneth E. Melson. He said Grindler’s guid- ance “will enhance law enforce- ment’scapabilitiesnationally,and ensure safer communities.” T.J. Harrington, the FBI’s asso-
ciate deputy director, praised Grindler’s “leadership” and said “both the FBI and ATF are com- mittedtoprovidingtheirverybest in service to the American public. TheDeputyAttorneyGeneral rec- ognized the unique strengths of our two organizations, and he has reaffirmed our common commit- ment and goal of ‘One-TeamOne- Fight’ — keeping the country safe.” The ATF will probably retain
lead-agency jurisdiction over the vast majority of explosives inci- dents, officials said, since federal figures show that more than 90 percent are not related to terror- ism. Such incidents can range fromminor pipe bombings to the recent attempted terrorist bomb- ing inNewYork’sTimes Square. Turf battles are nothing newin
Washington. But FBI-ATF squab- bling poses particular dangers in the post-Sept. 11 era, experts said, because cooperation ismore vital than ever to prevent another ter-
rorist attack onU.S. soil. “It is absolutely critical that
they get along, particularly in the terrorismcontext,” saidMcGregor Scott, a former U.S. attorney in Sacramentowho teachesnational security law at McGeorge School of Law at the University of the Pacific. “If you’re a local sheriff or police chief, the last thing you want to see is two agencieswithin the Justice Department fighting each other.” Grindler makes similar points
in his memo. Although the FBI and ATF work well together in most instances, he said, “there nonethelesshavebeendisputes in some cases where both agencies have asserted lead jurisdiction” over bombing investigations. The conflict is “a persistent
problem” that has caused “unfor- tunate confusion” among local lawenforcementofficialsand“du- plication of effort between ATF and the FBI,” Grindler wrote. He said the situation “must be reme- died . . . so that there is never an incident where actionable intelli- gence does not get into the right hands because of concerns about which agencywill be the lead.” The FBI and ATF have distinc-
tive cultures thathavebredmutu- al suspicion. Some ATF agents, many of whom are former police or military officers, have long re- sented their FBI counterparts, who until the mid-1990s were usually higher paid. The ATF’s transfer from the
Treasury Department to the FBI’s home at the Justice Department after Sept. 11, 2001, was supposed to eliminate tension and coordi- nate the fight against terrorism. But it created more competi-
tion by expanding the ATF’s role in domestic terrorism cases, bringing that agency into conflict with the coremission of the post- Sept. 11 FBI. It also added the word “explosives” to ATF’s name, which had been the Bureau of Alcohol,Tobacco and Firearms.
markonj@washpost.com DIGEST
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WALTER MICHOT/ASSOCIATED PRESS
Yalin Betancourt hugs her grandmother Julia Diaz inHialeah, Fla. Police said Betancourt’s sister and mother, Diaz’s granddaughter and daughter, were killed by the sister’s ex-boyfriend, who killed himself.
ILLINOIS
Charges dropped for Blagojevich kin Former Illinois governor Rod
Blagojevich (D) will go back on trial in January, but this time he will stand alone as a defendant, after prosecutors dismissed charges against his brother Thursday. U.S. District Judge James Za-
gel said Blagojevich’s retrial will start the week of Jan. 4. Jurors deadlocked last week on all but one of 23 charges against the former governor and four charg- es against his brother. Federal prosecutors said their
decision was based on Robert Blagojevich’s less central role in alleged schemes to sell or trade an appointment to President Obama’s old Senate seat. — Associated Press
CALIFORNIA
Dismissal sought in Iraq killing case Lawyers for aMarine sergeant
whose squad killed 24 Iraqis told a military judge Thursday at Camp Pendleton, Calif., that they will present a motion asking for his case to be dismissed because the Marine Corps retired his military attorney. Lawyer Neal Puckett says the
2008 retirement of Marine Lt. Col. Colby Vokey violated Staff Sgt. Frank Wuterich’s client-at- torney rights and compromised his defense. Vokey wanted to extend his active duty to remain Wuterich’s military lawyer through the Sept. 13 trial. Wuterich, of Meriden, Conn.,
faces reduced charges of volun- tarymanslaughter.He is accused of leading his men on a rampage that killed two dozen civilians in Haditha, Iraq, inNovember 2005. — Associated Press
Stabbing suspect arraigned: A man suspected in 18 attacks in three states, including five fatal stabbings, has been ordered held without bond. Elias Abuelazam, 33, was arraigned by video in a Flint,Mich., court Thursday on a charge of assault with intent to murder in connectionwith a July
27 attack. Police sayAbuelazamis a suspect in 14 stabbings in the Flint area. He’s also suspected in stabbings in Virginia and Ohio.
Swearing kid off YouTube: A Connecticut man arrested on al- legations he coached his 8-year- old neighbor to swear and posted a video of it on YouTube says he’s shocked the child’s family turned him in to police. Josh Eastman, 34, of Bridgeport said Thursday he didn’t encourage the boy to spew profanity. A police spokes- man says the video has been removed.
Gambling parents get jail: A California couple who left their 7-week-old daughter in a casino garagewhile theywent gambling are heading to jail. The infant was in the car for about 2.5 hours. A Placer County Superior Court judge sentenced Thuan Huy Nguyen and Panfila Phu Phan on Wednesday to 60 days.Theymust attend a parenting class as part of a four-year probation sentence that could result in their regain- ing custody of the baby. — Fromnews services
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