[Congressional Record Volume 141, Number 114 (Friday, July 14, 1995)]
[Senate]
[Page S9981]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                DEVELOPMENTS IN THE RUBY RIDGE INCIDENT

  Mr. SPECTER. I thank the Chair. Mr. President, I have just received a 
release from the Federal Bureau of Investigation advising that the FBI 
Director is transferring Mr. Larry A. Potts from the position of Deputy 
Director to a position within the FBI's training division.
  I have just had an opportunity to discuss this briefly with FBI 
Director Louis Freeh. I think that this is a very wise move in light of 
all of the developments on the Ruby Ridge incident, especially the most 
recent disclosure of this week that documents were destroyed by one of 
the FBI agents who was involved in the Ruby Ridge incident.
  There is a very substantial question, Mr. President, about what was 
done at Ruby Ridge with respect to the use of deadly force and also 
with respect to the rules of engagement with Special Agent Glenn, the 
special agent in charge at the present time of the Salt Lake City 
office having been at the scene, saying that there had been changes in 
the rules of engagement, and Mr. Potts having said that there was no 
change in the rules of engagement and no change on the use of deadly 
force.
  That is a matter of considerable importance. Also, disclosed in the 
Washington Post yesterday was the task force report of the Department 
of Justice, indicating that there was excessive force used within the 
definition of constitutional parameters, and also with the task force 
exposure as printed in the Washington Post yesterday about the 
recommendation for consideration of prosecutions, which was rejected by 
the Department of Justice.
  I have raised the issue of the promotion of Mr. Potts with Attorney 
General Janet Reno when she testified recently at general oversight 
hearings before the Judiciary Committee, and had raised the issue as to 
why Mr. Potts was promoted in light of the outstanding questions about 
Ruby Ridge. The Attorney General was further questioned about the 
possibility of a criminal prosecution by the prosecuting attorney of 
Boundary County, ID, of an official whom I talked to had made comments 
on the Senate floor some time ago. Attorney General Reno said she would 
not speculate about what local law enforcement would do and was not 
going to get involved in any way in hindering local law enforcement 
which was hardly responsive to my question as to why there was a 
promotion, in light of these issues which were very much in the public 
domain.
  Mr. President, it is my hope that there will yet be oversight 
hearings by the Senate. I made an extensive statement about this 
yesterday, calling for those hearings and, in fact, had pressed the 
issue in a resolution calling for a Senate vote in May, understanding 
full well that it was highly unlikely to be accepted, considering the 
prerogatives of chairmen under our Senate procedures. I think it 
continues to be a matter of the utmost importance. We have had an 
enormous growth of the militia, as I commented on more extensively 
yesterday. I can understand and sympathize with people in the United 
States who are unhappy with what is going on in Government because of 
the need to hold people accountable at the highest levels.
  I think with the reassignment of Mr. Potts today, it has extra 
emphasis on the need for hearings. Mr. Potts, for one, is entitled to 
his day in court or his time to have a hearing to see precisely what it 
was that he did. There is a cloud hanging over Mr. Potts at this time. 
There is a cloud hanging over the FBI and a cloud hanging over the 
Department of Justice, as long as these questions remain unanswered. It 
is the responsibility of the Congress of the United States to have 
oversight hearings. We are the proper institution to undertake those 
hearings, and I renew my request that these hearings be held at the 
earliest possible time.
  I note that the Presiding Officer, the senior Senator from Idaho 
nodding. I will not make any interpretation from his nods of the head, 
but I do think this is a matter of great importance. And the 
reassignment of Mr. Potts today underscores the necessity for prompt 
hearings on this important matter.
  I thank the Chair and yield the floor.

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