Norton Asks Secret Service Director to Allow Officer to Testify in lawful D.C. Investigation as Allowed by Federal Law

Press Release

Norton Asks Secret Service Director to Allow Officer to Testify in lawful D.C. Investigation as Allowed by Federal Law

Congresswoman Eleanor Holmes Norton (D-DC) today sent a letter to Mark Sullivan, Director of the United States Secret Service (USSS), requesting that he conduct a review and reconsideration in order to allow a uniformed USSS officer, who witnessed a matter under investigation by the District of Columbia Office of Police Complaints, to be interviewed. Norton cited Title 6 of the Code of Federal Regulations (CFR), §§ 5.41-5.49 that USSS are not required to testify in such matters "unless authorized to do so by the Office of the Chief Counsel." Norton wrote, "The necessity for an official agency to resort to subpoena when no official reason is offered for refusing to cooperate is as surprising as it is intolerable."

She said that Congress has required federal and District of Columbia police and their agencies to work together and that the USSS has the same privileges as Metropolitan Police Department (MPD) officers and incurs the same obligations.

The Norton letter is in response to a letter sent to her by Philip K. Eure, Executive Director for the Office of Police Complaints, an independent District agency responsible for investigating police misconduct complaints filed by the public against the Metropolitan Police Department and D.C. Housing Authority Police Department officers. Eure wrote that "we believe the USSS's position in this matter is arbitrary and substantially undermines the overall mission of police accountability in the District." In her letter to Sullivan, Norton said that, "In the absence of a refusal to waive the provisions in Title 6 of the Code of Federal Regulations (CFR), §§ 5.41-5.49, that is based on federal law or the lawful use of agency discretions, it is difficult to imagine a colorable federal defense to such a subpoena.... Far from being immune, federal and local officers have a special obligation to cooperate and facilitate lawful investigations." Norton asked the director to reconsider the matter at his level "in light of the importance of the relationship that must exist between District and federal officers."

The full text of Norton's letter follows.

March 28, 2008

Mark Sullivan, Director

United States Secret Service

245 Murray Drive

Building 410
Washington, DC 20223

BY FAX AND MAIL

Dear Director Sullivan:

I am writing after receiving correspondence from the District of Columbia Office of Police Complaints that has alerted me of a situation that is unbefitting a police organization. I therefore bring this matter to your personal attention in the interest of all concerned, and I request the matter be reviewed and reconsidered at the highest levels of the United States Secret Service (USSS). As I understand it, USSS officials assert that agency employees may not participate in investigations into events officers have witnessed. However, the law is clear that USSS employees may not be compelled to testify "unless authorized to do so by the Office of the Chief Counsel . . . ." The necessity for an official agency to resort to subpoena when no official reason is offered for refusing to cooperate is as surprising as it is intolerable. There even has been a threat to resort to court action on a matter involving police departments which regularly work together.

USSS officers have statutory privileges that give them powers similar to those the Metropolitan Police Department. These privileges carry with them similar responsibilities. In the absence of a refusal to waive the provisions in Title 6 of the Code of Federal Regulations (CFR), §§ 5.41-5.49, that is based on federal law or on the lawful use of agency discretion, it is difficult to imagine a colorable federal defense to such a subpoena. The USSS is not a party to litigation with something to hide. When a citizen is a witness to a matter under official investigation, he is obliged to provide testimony during that investigation. By refusing to allow officers to be available for an interview with investigators at the Office of Police Complaints, officials seem to suggest that Federal police officers are not subject to the same responsibilities and obligations as other American citizens, including myself, living in the District of Columbia or elsewhere. To the contrary, it is a vital part of a police officer's duty to assist with lawful investigations. Far from being immune, federal and local officers have a special obligation to cooperate and facilitate lawful investigations.

The relationship between District and Federal law enforcement officials and D.C. and Federal agencies has always been one of mutual cooperation. Congress has required that the District and Federal governments, its officers and agencies, cooperate and work together on matters almost daily. This cooperation ensures the safety of federal and private sector employees, residents, and visitors. The USSS may not arbitrarily carve out exceptions to this cooperation unless mandated by law or for other stated lawful reasons within the agency's discretion.

I am requesting that you conduct a review of this matter in light of the importance of the relationship that must exist between the District and Federal officers.

Thank you for your consideration.

Sincerely,

Eleanor Holmes Norton

Cc: Philip K. Eure, Executive Director, Office of Police Complaints

The Hon. Henry Waxman, Chair, Committee on Oversight and Government Reform

The Hon. Tom Davis, Ranking Member, Committee on Oversight and Government Reform

The Hon. Bennie G. Thompson, Chair, Committee on Homeland Security

The Hon. Peter T. King, Ranking Member, Committee on Homeland Security

Mayor Adrian Fenty, District of Columbia

Chairman Vincent Gray, DC City Council

Councilmember Phil Mendelson, Chair, Council Committee on Judiciary

Peter Nickles, Interim Attorney General, District of Columbia

Chief Cathy L. Lanier, Metropolitan Police Department

Secretary Michael Chertoff, US Department of Homeland Security

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