ORIGINAL LINK (now defunct): http://www.us.net/cip/icitap2.
Separating Cops, Spies
March 1, 1999
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An investigative article by Sam Skolnik, senior reporter, Legal Times.
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The former director of the Justice Department program that trains foreign
police officers has alleged that she was forced from her post after raising
concerns that department officials refused to protect her office's law
enforcement mission from possible CIA encroachment.
Janice Stromsem, until last month director of the International Criminal
Investigative Training Assistance Program, has filed a grievance with the
department's equal employment opportunity office, claiming that her efforts
to implement a policy preventing ICITAP's staff from engaging in
intelligence activities resulted in her ultimately being removed from her
job.
The ICITAP program has spawned several complaints from disgruntled
employees. But the issues raised by Stromsem are especially sensitive, given
Cold War-era concerns about keeping domestic law enforcement free of
international espionage.
That historic divide is a flashpoint at ICITAP, a 13-year-old program whose
staffers work to win trust among newly emerging, often unstable democracies
many of which have been of great interest to American intelligence in the
past.
The line between law enforcement and intelligence has been blurring in
recent years, causing tensions among U.S. government agencies. The most
recent: allegations that U.N. weapons inspectors in Iraq were working in
concert with the CIA.
Stromsem filed her EEO action in December 1998, but the underlying incident
at the heart of her grievance dates back to 1996.
That year, she claims, her efforts to implement a policy walling ICITAP
staffers off from intelligence-gathering activities was rejected by Mark
Richard, a powerful career attorney in the department's Criminal Division.
In the fall of 1998, Stromsem claims, she was contacted about the matter by
the office of Inspector General Michael Bromwich, which has been probing a
series of allegations of misconduct at ICITAP and its sister office, the
Office of Professional Development and Training (OPDAT), which trains
foreign prosecutors. Stromsem told Bromwich about the aborted
anti-intelligence policy, and provided documents to back her claim,
according to her attorney, Irving Kator of D.C.'s Kator, Scott & Parks.
Following that contact, Bromwich called in Richard, according to Kator. Soon
after that meeting, Stromsem was told she would be leaving ICITAP, Kator
contends.
Holder Denies Connection
In an interview late last week, Deputy Attorney General Eric Holder Jr. said
that there was no cause and effect involved in Stromsem's departure from the
ICITAP program. "Bottom line, there was no linkage between the IG investigation and Janice
Stromsem's removal," Holder says.
Asked the department's view on whether programs like ICITAP should ever be
open to intelligence agency participation, Holder says: "We cannot comment
on intelligence activities [regarding ICITAP], no matter how unfounded the
allegations might be. We reaffirm the exclusive mission of ICITAP is
international training and nation building."
Stromsem, now an official at the Global Bureau of the U.S. Agency for
International Development (AID), and Richard both decline comment.
A CIA spokeswoman also declines comment.
One U.S. government official, who asks not to be identified, says that "the
CIA is not in any way involved in [ICITAP]. If you were to report that, you
would be wrong."
Recruiting in Haiti
Stromsem is not the only one who has voiced concerns that intelligence
agents have sought to infiltrate ICITAP, a $25 million operation with some
40 staffers fanned out across the Caribbean, Latin America, the former
Soviet Union, and Eastern Europe.
According to four former ICITAP staffers and one State Department official,
the CIA has from time to time sought to recruit staffers, contractors, and
trainees affiliated with the program in countries such as Haiti and El
Salvador, where ICITAP has trained thousands of police officers.
One former ICITAP contractor in Haiti says bluntly that he and other
instructors were informed by students "that they were solicited by U.S.
intelligence services."
Charles Allen, a legal adviser to the Richardson, Texas, police department
who worked for ICITAP in 1995, says the practice, in which intelligence
agents would approach the students during off hours and weekends to try to
recruit them, "was wrong."
"When we went to Haiti, we went with the understanding that the country had
never had a democratic government or civilian police force,"says Allen.
Intelligence recruiting was "not good for those cadets, not good for Haiti,
and not good for the program. We were to make civilian police out of them,
not spies."
Further, The Nation magazine reported in February 1996 that the CIA had
placed agents in the Haitian National Police, which was rebuilt after the
1994 U.S. invasion and the installment of Washington-backed ruler
Jean-Bertrand Aristide. The magazine reported that those CIA recruitments
took place during ICITAP training at Fort Leonard Wood, Mo.
There was no specific ICITAP policy in place to prevent them from doing so.
In late 1995, Stromsem decided to write a policy that would set in stone
what had been an unwritten rule prohibiting ICITAP staffers from
communicating with agents of the CIA, the Defense Intelligence Agency, or
any other covert intelligence gathering group.
"It is critical for the credibility of the program and for the legitimacy of
U.S. Government efforts in overseas police reform that ICITAP personnel and
contractors be exclusively dedicated to fulfilling ICITAP's mission goals
and objectives,"states the executive summary of the proposal, a copy of
which was obtained by Legal Times. "It is manifestly evident that any
connection between representatives of ICITAP and any internal intelligence
gathering organization would be detrimental to our mission, and would be an
especially sensitive issue with many countries with which we expect to be
dealing in the future."
The proposal also contended that the Foreign Assistance Act of 1960
specifies that no foreign aid money can be used to provide assistance to
U.S. intelligence agencies.
Though it is a Justice Department program, ICITAP receives most of its funds
from the State Department, i.e., from foreign assistance money.
Proposal Rejected
Stromsem presented the proposed initiative to Richard in March 1996,
according to internal DOJ memorandums.
But Richard, then Stromsem's supervisor, wrote to her on April 25, 1996,
saying, "I have serious concerns about this statement and do not want to see
it moved on without further discussions,"according to an internal DOJ
document.
Richard's decision to nix the proposal was firmed up in a meeting the
following day, according to two participants in the meeting, which included
Richard, Stromsem, and at least three other Criminal Division officials.
Richard said he did not want to preclude putting ICITAP resources at the
disposal of intelligence agencies including the CIA when needed, according to
the two participants, who asked not to be named.
In a Jan. 7, 1999, letter to Deputy Attorney General Holder, Stromsem's
attorney wrote that "[Stromsem] was surprised when Mark Richard . . .
refused to approve the memo. Consequently, the directive was never
transmitted to ICITAP staff and the issue of the use of ICITAP employees for
intelligence work was never dealt with directly."
Kator claims that despite Stromsem's positive job appraisals, Richard forced
her out of ICITAP after four years at its helm, denied her a raise she is
owed, and bad-mouthed her to potential new employers.
Kator says he has received no reply to his letter to Holder. A senior
Justice official says that Holder did respond to Kator in January, adding
that the letter was forwarded to the IG, in accordance with standard
procedure.
Bromwich is apparently interested in probing the question of alleged CIA
involvement in ICITAP, according to two government officials who have been
questioned by the inspector general's office. The officials say his
investigators first raised the issue with them.
Paul Martin, a spokesman for the inspector general, declines comment on the
status of the investigation.
 |
| Despite her earlier whistleblowing on the CIA infiltrating Haiti's police, Stromsem would later collaborate with the Boulos funded Haiti Democracy Project (HDP) that was instrumental in the propaganda campaign waged against Lavalas and Aristide used to justify the 2004 coup. |
Stromsem Investigated
Stromsem (who Kator says will also likely file a whistleblower complaint
soon at the Office of Special Counsel) may herself be a target of the IG's
inquiry.
Although no actions have been taken against her as a result of the
wide-ranging ICITAP probe, Stromsem, according to three Justice officials
familiar with the matter, may be under investigation for relatively minor
allegations of workplace harassment and other charges.
(Stemming largely from the complaints of a pair of whistleblowers, the
inquiry has grown significantly in the last two years and involves
allegations ranging from security breaches to contracting abuses to visa
fraud to hiring irregularities and workplace harassment. (See "Blowing
Whistles at DOJ,"Sept. 21, 1998, Page 2.) The investigation was first
reported by Insight, a weekly news magazine published by The Washington
Times Corp., in September 1997.)
Stromsem does have at least one high-powered backer, however. Sen. Edward
Kennedy (D-Mass.) wrote Holder on Jan. 19, urging him to take the necessary
steps to ensure that Stromsem is treated fairly.
And at least one official at the State Department supports many of
Stromsem's claims.
"As much as we wanted her to continue on as ICITAP director, it was clear
they were making life difficult for her at Justice," says the official, who
asks not to be named. "Jan has the complete and absolute confidence of the
State Department and AID."
Policy Debated
Kate Martin, director of the Center for National Security Studies, a civil
liberties group, says Richard and other higher-ups at Justice may have
concluded that in the larger national interests of fighting terrorism and
international drug smuggling, it is necessary to keep open the option of
allowing the CIA into programs that on their face have nothing to do with
intelligence gathering.
But Martin warns that there can be "all sorts of terrible effects" when
intelligence agencies are allowed to recruit in programs like ICITAP.
"It can be positively detrimental to the rule of law in countries that for
the first time are trying to build their own intelligence agencies and do
away with the legacies of secret police,"Martin says. She adds that the
suspicion of CIA involvement "is best addressed by the U.S. government being
forthright. It's best to draw a bright line."
Two former ICITAP staffers, who ask not to be identified, concur.
"I didn't sign up to work for the CIA,"says one former staffer. Richard's
decision to reject the intelligence policy "conceptually subverted the need
for an ICITAP."
Former intelligence community officials say, however, that if the CIA has
attempted to gather intelligence or recruit agents through ICITAP, it likely
had good reasons to do so.
Stewart Baker, general counsel of the National Security Agency from 1992 to
1994, says that it's generally not unhealthy for law enforcement and the
intelligence community to be working more closely.
"That's a Cold War notion, that intelligence gathering is dark and dirty,
and law enforcement is just about catching crooks. That world is gone,"says
Baker, a partner at D.C.'s Steptoe & Johnson.
Jeffrey Smith, general counsel of the CIA from 1995 to 1996, and his
predecessor, Elizabeth Rindskopf, decline comment on the allegations
surrounding ICITAP.
But they note that they worked with the general counsel of the Peace Corps
to ensure adherence to the corps' rigid policy of walling off CIA contacts.
(Stromsem used the Peace Corps model in developing her policy proposal,
according to one ex-ICITAP employee.)
Regarding the Peace Corps, "We bent over backwards there to make sure we
were very correct," says Rindskopf, who is of counsel at the D.C. office of
St. Louis' Bryan Cave. "It seems to me to be the wise policy."
Richard Close to Reno, CIA
Whatever the propriety of the policy or lack thereof, there is little
question that Stromsem's allegations are having an impact at the
department--in no small part because they involve one of its most powerful
and important behind-the-scenes players.
Richard has several adamant defenders, both inside and outside the department.
Even members of the civil liberties community say he is a smart
and honorable prosecutor.
Richard, a Brooklyn native who has spent more than 30 years at the
department, reportedly has the ear of Attorney General Janet Reno.
"Mark Richard has been a longtime official of DOJ,"says Holder. "I've known
him for 23 years. He's a totally dedicated, selfless public servant."
He also has friends in the intelligence community. In fact, he is regarded
as one of Justice's top experts on intelligence, having co-written a report
with Rindskopf, the former CIA general counsel, in May 1995 on improving
ties between Main Justice and the CIA.
Some of his detractors at the department say quietly that Richard carries
the water at Justice for the Langley spymasters.
But Smith, the former CIA general counsel, disagrees.
"Believe me, when I was out there, he took some skin off my back,"says
Smith, now a partner at D.C.'s Arnold & Porter. "He has no problem sticking
up for the Justice Department."
Richard's Duties Change
Richard is recovering from lung surgery and is now working part time; his
supervisors expect him to resume full-time duties before too long. But his
portfolio has changed. According to an internal department memo dated Jan.
26, Criminal Division Assistant Attorney General James Robinson has assumed
direct oversight responsibility over ICITAP and OPDAT--taking them away from
Richard.
The Jan. 26 memo came less than three weeks after Kator's letter
landed on Eric Holder's desk. Richard Rossman, chief of staff to AAG Robinson,
says Stromsem's departure from ICITAP and Richard's removal from the program's
oversight are not related to the IG investigation.
"I can assure you that the IG investigation had nothing to do with these
decisions,"says Rossman. "That, I'm adamant about."
Robinson, Rossman says, is interested in education programs, having served
as dean at Wayne State University Law School in Detroit before coming to
Justice, and came up with the idea of taking charge of the policing programs
on his own.
What's more, says Rossman, "the whole international training thing is
mushrooming into an important part of what we do here."
In fact, international police training long predates the appearance of
ICITAP in 1986. And there may be some cautionary lessons there for the
department.
In 1962, Congress created the Office of Public Safety as an adjunct to AID
to formally incorporate police assistance into foreign aid programs.
In 1974, Congress terminated that program amid charges that U.S. trainers
condoned the use of police brutality and torture and were too closely
identified with the CIA.
