1997 Congressional Hearings - Intelligence and Security
National Association of Criminal Defense Lawyers
Mr. Chairman and Other Distinguished Members of the United States House Judiciary Subcommittee on Crime:
Thank you for affording me this opportunity to speak on behalf of my client, the National Association of Criminal Defense Lawyers (NACDL), a non-profit, non-partisan, professional bar association with 9,000 direct members, and 78 state and local affiliates with another 25,000 members, including private criminal defense lawyers, public defenders, judges and law professors committed to preserving fairness within America's criminal justice system.
We commend you, Mr. Chairman, for convening these important oversight hearings into the recent revelations by the report of the Department of Justice (DOJ) Inspector General (IG) into the liberty-threatening misconduct and mishaps of the forensic laboratory of the Federal Bureau of Investigation (FBI). The FBI Laboratory: An Investigation into Laboratory Practices and Alleged Misconduct in Explosives-Related and Other Cases (DOJ April 1997) ("Lab Report"). We speak from a non-governmental perspective about the importance of restoring integrity to, and citizen confidence in the FBI lab.
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Paul Craig Roberts, "Whatever Happened to Justice?," Washington Times, May 7, 1997, at A13, wherein he observes: "Getting convictions has become more important than getting the right person. A recent 517-page report by the inspector general of the Justice Department shows what has happened. * * * he report concludes that the FBI's explosives expert and key witness in the World Trade Center trial 'worked backward.' Instead of objectively examining the evidence, the agent 'first determined the result he wanted and then tailored his testimony to reach that result.' The inspector general is 'deeply troubled that his testimony on direct examination may have misled the court.'" In the Oklahoma City case, the report concludes that the FBI 'repeatedly reached conclusions that incriminated the defendants without a scientific basis.' When the FBI ceases to give suspects the benefit of the doubt and, instead, tailors evidence to obtain their conviction, justice is dead."