http://communique.portland.or.us/05/03/city_sets_march_30_showdown_over_joint_terrorism_task_force.html
March 23, 2005 @ 02:27 PM City Sets March 30 Showdown Over Joint Terrorism Task Force. Past Statements From Feds May Mean Portland's Withdrawal Setting the stage for a likely confrontation with the Federal Bureau of Investigation and the U.S. Attorney, Mayor Tom Potter and Commissioner Randy Leonard this afternoon officially filed their resolution requiring full local oversight over Portland Police Bureau personnel assigned to inter-governmental groups such as the Joint Terrorism Task Force. At a news conference held in Council Chambers, the two co-sponsors explained the intent of their resolution. They were flanked by Commissioner Erik Sten and Commissioner Sam Adams, apparently signalling the support of a clear majority on City Council. That support would appear to indicate likely adoption of the resolution, which requires only a simple majority -- three members -- to be approved by Council, and will be heard next Wednesday evening at a special session called for 6:00 PM. Mayor Potter Potter stressed that Portland "appreciates the efforts of our investigators and police officers that are assigned to various task forces" and that the resolution was "not Portland's effort to remove ourselves" from cooperation with the Federal government. But he said that it was improtant to "clarify and insure that checks and balances are available". "It's improtant for us to recognize that this is a serious step," the Mayor said. "Our goal as a City Council is to ensure that we protect all people who live in Portland." He said that includes not just their property and their lives, but their rights as well. "To do that we need to have access to the infomation that our officers are working on," he explained, "in order to provide proper supervision and control over those resources." When he was Chief of Police, Potter said, he had sworn to protect not only the welfare of the people of Portland, but the individual rights of each and every Portlanders as well. "My duty as Mayor is not different." He indicated that under the current JTTF agreement, he could not fulfill that duty, citing the lack of adequate security clearances for the Mayor, Chief of Police, and City Attorney. "That is not acceptable to me," he said. "I dont believe it's acceptable to the citizens of Portland." Potter also said that he had extended to the U.S. Attorney's office and to Special Agent-in-Charge Robert Jordan of the local office of the FBI invitations to testify at next Wednesday evening's City Council hearing on the resolution. "This is going to create a lot of discussion," he said, "but we we doing what we think is in the best interests of our community." Commissioner Leonard Leonard began by repeating the oft-heard quote which argues that those who would trade liberty for security will have neither. "We live in a time and an era where it is more important than ever that our City know what its police officers are doing," he said, emphasizing the "constraints" of certain provisions of Oregon law against investigating people because of their religious, political, or social affiliations. "The FBI would never consider allowing one of its agents to conduct investigations that it couldn't ask questions of," Leonard said. "If the FBI would suggest that the City of Portland ought to turn over its Portland police officers ... without having thr ability of the Mayor or Chief to know at all times what our officers are engaged in," he added, "it displays a certain amount of arrogance." Reminding people of past abuses of civil rights and liberties, Leonard said that history must be remembered or "we're doomed to repeat it". "We're insisting," he said, "that all of our City employees be held accountable for all of their actions." Questions And Answers Under questioning from the media, Potter said that he had not contacted Robert Jordan specifically about the resolution until yesterday. "I met with him early on and we had some discussions," he said, "but I haven't talked to him since then." He added that should the Council adopt the resolution, he will then contact both the FBI and the U.S. Attorney to begin negotiations for new task force agreements. Asked if such post-resolution negotiations are possible, Potter said, "That's the purpose of the resolution." Leonard clarified that point. "The resolution, when passed, will be the policy of the City," he said. He explained that "within the boundaries of the resolution, we are very open" but that the resolution does set such boundaries for any arrangements such as the JTTF. He also countered the assertion that Robert Jordan had had no notice of the City's concerns, offering a reminder that the last time the JTTF agreement came before Council more than a year ago, Leonard had made it clear that he would not vote to renew a second time until and unless the concerns over oversight and security clearances were address. Those concerns had also been expressed by Commissioner Sten at the time. "This communication couldn't be more clear," said Leonard. "If there's a suggestion that they haven't been consulted, that's false." On whether or not a possible withdrawl from the JTTF could lead to ramifications such as the loss of Federal grant money, Potter said, "I would hope not." Saying that Portland still wants to work with the Federal government, he said it would be "foolhardy on the part of the Federal government to withdraw assitance to us." "We're a a port City, we're at risk, [and] we need to have that working relationship," he said. But he added that the relationship needs to be "redefined to meet our needs as well". Leonard said that the Mayor had made it clear "that special requests from the Federal government on specific cases will be approved on a case-by-case basis". Saying he agreed with that, Leonard however explained that "what we're not going to do is assign police officers carte blanche to be supervised by the FBI". Potter explained that there are three issues regarding security clearances. He said that the "secret" clearance ostensibly available to him (and which was granted to former Mayor Vera Katz and Chief Derrik Foxworth) allows people to gain access to the targets of investigations, while the "top secret" clearance given to JTTF-assigned officers includes information as to the sources of the information involved. Additionally, access to information can be restricted based upon a "need to know" basis. What the resolution calls for, he said, is access to all three types of information be given to the Mayor, Chief of Police, and City Attorney. "When the police officer has that very same clearance," he said, "the people who are in charge of them ... should have the same." Potter also said, in response to a question, that he had not applied for the "secret" clearance that should be available to him currently. "I've been contemplating how to handle this issue," he said, explaining that in the end he considered that clearance to be inadequate. "Were the Mayor to have secret clearance," Leonard said, "our officers have top secret clearance, so by definition the Mayor cannot find out what our officers are involved in." He said it was "very important" to understand that distinction. He added that the FBI had indicated that even should the Mayor be granted tops ecret clearance, they would still filter what was given to him through a "need to know" basis. Asked why the Mayor needed to know the sources of information in addition to knowing the targets of investigations, Potter said: "Because it goes to what kind of information the FBI is collecting in their investigations and who they are collecting it from." Access to the information on sources is necessary, he said, in order to make sure that use of Portland officers is "consistent with state law". Potter was also asked if "a measure of accountability" would be lost should post-resolution negotiations fail and Portland's participation is reduced or eliminated. "The fact that they aren't telling us anything is something the FBI would have to answer to," Potter said. "I was not comfortable with the old agreement and we need a new agreement," he added. "And that's the purpose of this resolution." Potter said that the response from Chief Foxworth is that it is his duty to carry out City policies and he will do so (more on this momentarily). He indicated that he had gotten some advice from Foxworth "in written form" and that he would make that available after it had been vetted by the City Attorney for any information related to specific investigative functions. Asked if he felt this resolution might inspire some of the other cities around the country who also participate in Joint Terrorism Task Forces, Potter said: "My goal is to ensure that we are taking care of our citizens here in Portland. How other juridisdictions handle that is up to them. I can't tell other communities what to do." Additional Information After this afternoon's news conference, a statement from Chief Derrick Foxworth was released. "The Portland Police Bureau will continue to provide for the safety and security for the Citizens of Portland," the statement reads, "whether it is through our ongoing participation with the JTTF or working cooperatively with our federal partners on a case by case basis on those investigations that have a direct impact on Portland." In addition, the Portland Police Bureau provided the following breakdown of Portland officers currently "assigned or cross-designated" to work with Federal law enforcement in ways which might be affected by the resolution. • Alcohol Tobacco and Firearms: 2 Detectives • FBI Safe Streets Task Force: 1 Detective • U.S. Marshal's Office: 1 Detective • Drug Enforcement Administraiton: 1 Detective • Regional Organized Crime and Narcotics Task Force: 1 Captain, 1 Sergeant, 2 Officers • Northwest Regional Computer Forensic Laboratory: 1 Sergeant, 1 Detective, 1 Officer • Joint Terrorism Task Force: 2 Officers Finally, there's a brief OPB item on the announcement, as well as an article and resolution sumary from KGW. ------------------------ Yahoo! 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