PROPOSED REMARKS BY WILLIAM H. WEBSTER DIRECTOR OF CENTRAL INTELLIGENCE BEFORE THE AMERICAN BAR ASSOCIATION WASHINGTON. D.C.

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP99-00777R000302410002-3
• Release Decision: RIFPUB
• Original Classification: K
• Document Page Count: 41
• Document Creation Date: December 22, 2016
• Document Release Date: May 31, 2012
• Sequence Number: 2
• Publication Date: October 28, 1988
• Content Type: REPORT

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PROPOSED REMARKS
BY
WILLIAM H. WEBSTER
DIRECTOR OF CENTRAL INTELLIGENCE
BEFORE THE
AMERICAN BAR ASSOCIATION
WASHINGTON, D.C.
OCTOBER 28, 1988
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IT'S A PLEASURE TO BE HERE. I'LL BE SPEAKING TO YOU TODAY ABOUT
LAWYERS IN GOVERNMENT. BUT I THOUGHT YOU MIGHT ALSO BE INTERESTED IN
SOME OF THE THINGS THAT I'M CURRENTLY DEALING WITH.
AS. YOU MIGHT EXPECT, THOSE OF US IN THE INTELLIGENCE BUSINESS
HAVE BEEN KEEPING A CLOSE WATCH ON THE LEADERSHIP CHANGES AND REFORM
EFFORTS IN THE SOVIET UNION. AND I'D LIKE TO SHARE WITH YOU A STORY
THE PRESIDENT TOLD ME RECENTLY. GENERAL SECRETARY GORBACHEV SENT A
REPRESENTATIVE OUT INTO ONE OF THE UKRAINIAN STATES TO SEE HOW
PERESTROIKA WAS GETTING ALONG. HE WENT TO ONE OF THE SMALL VILLAGES
AND ASKED TO SEE THE MAYOR. AFTER TALKING TO THE MAYOR FOR A MOMENT
HE SAID, "DO YOU HAVE ANY TELEVISION SETS IN THIS VILLAGE?" THE
MAYOR LOOKED AT HIM AND SAID. "OF COURSE WE HAVE TELEVISION SETS.
THERE IS A TELEVISION SET IN EVERY HUT IN THIS VILLAGE. IN FACT,
THERE MAY BE TWO TELEVISION SETS IN MANY OF THESE HUTS." THE
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REPRESENTATIVE SAID, "THAT IS VERY INTERESTING.. WHAT ABOUT
REFRIGERATORS?" AND HE SAID. "OF COURSE. WE ALL HAVE
REFRIGERATORS." THE REPRESENTATIVE LOOKED HIM IN THE EYE AND SAID,
"DO YOU KNOW WHO I AM?" AND THE MAYOR SAID. "OF COURSE I DO. WHO
ELSE BUT A CIA AGENT WOULD COME INTO A VILLAGE WITH NO ELECTRICITY
AND ASK QUESTIONS LIKE THAT?"1
IN AUGUST, I HAD THE PLEASURE OF VISITING TORONTO AND ADDRESSING
THE ABA'S ANNUAL MEETING. I WAS INTRODUCED BY MY GOOD FRIEND
BOB MACCRATE, AND AFTER HIS COMPLIMENTARY REMARKS I COULDN'T RESIST
SAYING THAT WHEN I AM CALLED TO ACCOUNT FOR MY SINS, I HOPE THAT BOB
IS AROUND TO IMPANEL THE JURY.2
SOON AFTER I WAS ASKED TO SPEAK TO YOU. I RE-READ A MESSAGE THAT
BOB HAD WRITTEN FOR THE MAY ISSUE OF THE ABA JOURNAL.3 THE
MESSAGE WAS ENTITLED "THE UNSUNG REWARDS OF PUBLIC SERVICE." AND ITS
INSPIRATIONAL THEME BROUGHT TO MIND MANY OF THE REASONS WHY I HAVE
FOUND GOVERNMENT SERVICE FULFILLING AND WHY I HAVE SPENT 20 YEARS IN
THE PUBLIC SECTOR.
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OF COURSE, I STILL THINK OF MYSELF AS A PRIVATE CITIZEN ON
LOAN -- THOUGH IT'S GETTING TO BE A LONG LOAN. BUT EVERY TIME I'VE
ACCEPTED ANOTHER JOB IN GOVERNMENT, I'VE LEARNED A LITTLE MORE ABOUT
THE DIMENSIONS OF THE LAW AND HOW IT APPLIES TO OUR CITIZENS. FOR
ME, THE LAW IS WHAT IT IS BECAUSE -- AS MARK ANTONY SAID ABOUT
CLEOPATRA -- OF ITS INFINITE VARIETY. AND SO ANSWERING THE CALL OF
DUTY HAS NEVER FAILED TO ENRICH MY APPRECIATION OF THIS COUNTRY, ITS
CITIZENS, AND ITS SYSTEM OF JUSTICE, WHICH GUARDS AND PROTECTS ALL
OF US.
AFTER I GRADUATED FROM LAW SCHOOL IN 1949, I NEVER EXPECTED TO
BE DOING WHAT I'M DOING NOW. I WAS CONTENT PRACTICING LAW IN ST.
LOUIS. BUT I'VE LEARNED -- AS I'M SURE MANY OF YOU HAVE LEARNED --
THAT A CAREER IN LAW BRINGS UNUSUAL AND SOMETIMES UNEXPECTED
RESPONSIBILITIES. AND I AM EVEN MORE FIRMLY CONVINCED NOW -- AFTER
NEARLY 40 YEARS AS A MEMBER OF THE BAR -- THAT LAW IS WHAT HOLDS OUR
SOCIETY TOGETHER AND MAKES IT WORK. IN ORDER FOR A GOVERNMENT OF
LAWS TO SURVIVE; LAWYERS MUST PLAY A VITAL ROLE.
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I'D LIKE TO TALK TODAY ABOUT WHY I THINK GOVERNMENT SERVICE IS
AN EXCELLENT OPPORTUNITY FOR MEMBERS OF OUR PROFESSION TO MAKE A
DIFFERENCE -- AN OPPORTUNITY TO GIVE OUR CITIZENS THE BEST
REPRESENTATION. I WANT TO DISCUSS THE PARTICULAR OBLIGATIONS OF
ATTORNEYS WHO ENTER THE PUBLIC SECTOR. AND THEN I WANT TO TALK
ABOUT THE CRUCIAL ROLE LAWYERS HAVE PLAYED IN THE TWO GOVERNMENT
AGENCIES I HAVE MANAGED, THE FBI AND THE CIA.
DURING MY CAREER, I HAVE HELD A VARIETY OF POSITIONS IN
GOVERNMENT, AND I CAN SAY WITHOUT RESERVATION THAT THE OPPORTUNITY
FOR CHALLENGING AND IMPORTANT WORK IN PUBLIC SERVICE IS
UNPARALLELED. MANY OF THE ISSUES GOVERNMENT ATTORNEYS DEAL WITH ARE
NATIONAL IN SCOPE, AFFECTING THE VITAL INTERESTS OF MILLIONS OF
AMERICANS. AND LAWYERS IN GOVERNMENT QUICKLY GAIN VALUABLE LEGAL
EXPERIENCE -- IN AND OUT OF THE COURTROOM -- THAT WILL BENEFIT THEM
THROUGHOUT THEIR CAREERS. WHILE NEW ASSOCIATES AT A LARGE LAW FIRM
MAY SPEND THEIR FIRST MONTHS OR EVEN YEARS IN PRACTICE DOING ROUTINE
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1 7 ~.
REVIEW OF CASE DOCUMENTS, ATTORNEYS IN GOVERNMENT ARE OFTEN GIVEN
IMPORTANT ASSIGNMENTS AT THE VERY OUTSET. HANDLING LITIGATION.
PREPARING BRIEFS, REVIEWING LEGISLATION -- EVEN ADVISING SENIOR
PUBLIC OFFICIALS ON THE LAW -- ARE AMONG THE RESPONSIBILITIES OF
STILL RELATIVELY INEXPERIENCED GOVERNMENT ATTORNEYS. AND THE
GOVERNMENT'S NEEDS ARE SO BROAD THAT NO MATTER WHAT YOUR INTEREST.
YOU CAN FIND A LEGAL POSITION THAT OFFERS THE TYPE OF WORK IN WHICH
YOU WANT TO CONCENTRATE..
GOVERNMENT WORK OFTEN INVOLVES PERSONAL SACRIFICE -- ALL OF US
ARE AWARE OF THE SALARIES THAT CAN BE EARNED IN THE PRIVATE SECTOR.
AND THE HIGH VISIBILITY OF PRACTICING IN THE PUBLIC ARENA IS NOT
ALWAYS WELCOME. BUT I BELIEVE THE REWARDS OF SPENDING AT LEAST SOME
TIME IN THE PUBLIC SECTOR FAR OUTWEIGH THE DRAWBACKS.
BOB MACCRATE, IN HIS MESSAGE FOR THE ABA JOURNAL, QUOTED A WOMAN
NAMED EDITH SPIVACK, WHO HAS SPENT MORE THAN. 54 YEARS AS A LAWYER
FOR THE CITY OF NEW YORK. 'I THINK WHAT EDITH SPIVAK TOLD BOB IS
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WORTH REPEATING. SHE OBSERVED: "THE REWARDS AND SATISFACTIONS OF
GOVERNMENT SERVICE CANNOT BE MATCHED IN THE PRIVATE SECTOR. IT
GIVES YOU THE FEELING OF USEFULNESS TO SOCIETY."
AND SHE ADDED: "IN DISPUTES INVOLVING GOVERNMENT, THE MAIN
CONCERNS ARE FOR JUSTICE TO BE DONE AND FOR FAIR MEANS TO BE USED IN
OBTAINING IT. RESOLUTION OF DISPUTES ON THIS BASIS IS WHAT MAKES
GOVERNMENT SERVICE SO WORTHWHILE."4
MOST OF US, I BELIEVE, SHARE HER VIEWS. AND TODAY IS A GOOD
OPPORTUNITY FOR THOSE OF US IN GOVERNMENT TO REFLECT ON THE
PARTICULAR RESPONSIBILITIES OF OUR PROFESSION -- TO RECOGNIZE AND
PROTECT THE RIGHTS OF THE PUBLIC; TO ENSURE THAT INDIVIDUALS AND
INSTITUTIONS ARE GOVERNED BY THE RULE OF LAW ACCORDING TO THE
CONSTITUTION; AND TO INSPIRE TRUST AND FAITH IN OUR LEGAL SYSTEM.
FOR AMERICANS, ABOVE ALL, NEED TO BELIEVE THAT THE LAWS OF THIS
COUNTRY ARE WORKING FOR THEM -- NOT AGAINST THEM. THEY NEED TO
BELIEVE THAT LAWS ARE APPLIED FAIRLY AND CONSISTENTLY, AND THAT
THERE IS AN ADEQUATE SYSTEM OF REDRESS.
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YOU MAY RECALL THAT ARTHUR VANDERBILT, ONE OF AMERICA'S GREATEST,
JUDGES, SPENT THE LAST YEARS OF HIS LIFE WORKING TO IMPROVE THE
TRAFFIC COURTS OF OUR COUNTRY BECAUSE IT WAS THERE THAT MOST
AMERICANS CAME INTO CONTACT WITH AND DEVELOPED THEIR IMPRESSIONS OF
AMERICAN JUSTICE. HE SAID WE HAVE TO IMPROVE THE TRAFFIC COURTS IF
OUR SENSE OF AMERICAN JUSTICE IS TO BE IMPROVED.5
JUDGE VANDERBILT SERVED THE PUBLIC IN A NUMBER OF WAYS DURING
HIS LEGAL CAREER. I THINK THAT MOST OF US IN THIS ROOM HAVE ALSO
HAD OPPORTUNITIES -- OFTEN UNEXPECTED TO FURTHER THE PUBLIC
INTEREST.
WHEN THE KOREAN WAR BROKE OUT IN 1950, I WAS RECALLED TO ACTIVE
DUTY IN THE NAVY. I WAS THE EXECUTIVE. OFFICER OF A TANKER, AND THE
CAPTAIN CAME TO ME AND SAID. "FOUR OF OUR MEN HAVE BEEN ARRESTED AND
ARE BEING INTERROGATED. WILL YOU REPRESENT THEM?" WELL. THIS WAS
POST-ESCOBEDO BUT PRE-MIRANDA, AND THE UNIFORM CODE OF MILITARY
JUSTICE WAS BEING REVISED. WE HAD SOMETHING CALLED NAVAL COURTS AND
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BOARDS. SO I WENT TO THE ROOM WHERE THE MEN WERE BEING HELD AND
BANGED ON THE DOOR, WANTING TO GET IN. THE INVESTIGATORS SAID, "YOU
CAN'T COME IN NOW BECAUSE WE ARE QUESTIONING THEM." I SAID, "THAT'S
WHY I WANT TO COME IN." WE WENT THROUGH THE WHOLE ESCABITO
EXERCISE, AND FINALLY I GOT INSIDE THE ROOM AND SAID.. "I WANT TO BE
SURE THAT THESE MEN UNDERSTAND THEIR RIGHTS. HAVE YOU ADVISED THEM
THAT THEY DON'T HAVE TO ANSWER QUESTIONS?" THE INVESTIGATORS
REPLIED, "WELL, WE'VE TOLD THEM THAT THEY HAVE CERTAIN
CONSTITUTIONAL RIGHTS." AND I SAID, "VERY GOOD, HAVE YOU TOLD THEM
THAT INCLUDES THE RIGHT NOT TO ANSWER YOUR QUESTIONS?" SO I ADVISED
THEM OF THEIR RIGHTS.
A FEW WEEKS LATER WHEN I WAS OUT AT SEA. I RECEIVED A LONG
MILITARY LETTER THAT HAD COME THROUGH ALL THE ADMIRALS FROM THE NAVY
SHIPYARD AT PEARL HARBOR WHERE THIS INCIDENT OCCURRED, TO THE
COMMANDANT OF THE FOURTEENTH NAVAL DISTRICT, TO THE COMMANDER
SERVICE FORCE FLEET. THE KEY LINE OF THE LETTER WAS: "DUE TO
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LIEUTENANT WEBSTER'S INTERFERENCE, WE WERE UNABLE TO OBTAIN A
CONFESSION." LATER, I DID RECEIVE A VINDICATION, NOTING THAT I HAD
DONE NO MORE THAN GUARANTEE TO THESE MEN THEIR RIGHTS ASSURED BY THE
CONSTITUTION OF THE UNITED STATES. AND I HAVE KEPT THAT LETTER.6
THAT EXPERIENCE PROVED TO ME THAT AN INDIVIDUAL ATTORNEY COULD
MAKE A DIFFERENCE -- EVEN IN A PART OF THE GOVERNMENT AS LARGE AND
IMPOSING AS THE UNITED STATES NAVY.
I REMEMBER READING AN ARTICLE THAT APPEARED IN THE ABA JOURNAL A
NUMBER OF YEARS AGO ENTITLED "LINCOLN AND THE LAW" BY THE NOTED
LEGAL. SCHOLAR ARTHUR L. GOODHART. DR. GOODHART MADE AN IMPORTANT
OBSERVATION ABOUT LINCOLN'S LEGAL PHILOSOPHY. HE SAID: "...TO
LINCOLN THE MOST IMPORTANT IDEA THAT THE LAW REPRESENTED WAS THE
IDEA OF FAIRNESS. JUSTICE CARRIES A PAIR OF SCALES THAT ARE EVENLY
BALANCED."7 MAINTAINING THAT SENSE OF FAIRNESS IS AS IMPORTANT
TODAY AS IT WAS IN LINCOLN'S TIME, AND GOVERNMENT ATTORNEYS HAVE A
PARTICULAR RESPONSIBILITY TO MAKE TRUE AND FAIR DECISIONS.
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I ALSO BELIEVE THAT GOVERNMENT ATTORNEYS -- IN REPRESENTING THE
LAW -- HAVE A RESPONSIBILITY TO KNOW THE LAW BETTER THAN ANYONE
ELSE. LAWYERS IN THE PUBLIC SECTOR SHOULD FEEL A RESPONSIBILITY TO
KEEP CURRENT ON LEGAL DEVELOPMENTS AND CONTINUE THEIR EDUCATION IN
THE LAW.
WHEN I WAS CALLED TO BE A UNITED STATES ATTORNEY FOR THE EASTERN
DISTRICT OF MISSOURI, I HAD A GREAT OPPORTUNITY TO LEARN SOMETHING
ABOUT OUR CRIMINAL JUSTICE SYSTEM, AN AREA OF PRACTICE THAT I HAD
EXPERIENCED ONLY AS AN APPOINTED COUNSEL UP TO THAT POINT. I SOON
DISCOVERED THAT THERE WASN'T A BETTER PLACE TO ACQUIRE LITIGATION
EXPERIENCE. AND BEFORE PROSECUTING. I REALIZED THE IMPORTANCE OF
BUILDING A CASE THAT WAS LEGALLY SOUND, FACTUALLY CORRECT. AND. FAIR.
((YOU MIGHT WANT TO, MENTION SOME MEMORABLE EXPERIENCES DURING
YOUR TENURE AS A U.S. ATTORNEY))
10
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MY EXPERIENCE ON THE BENCH -- ANOTHER PART OF MY LEGAL
EDUCATION -- PROVED TO ME THAT THE RIGHTS OF THE INDIVIDUAL WILL BE
PROTECTED AND SOCIETY WILL PROSPER ONLY WHEN THOSE OF US ENTRUSTED
WITH CARRYING OUT THE RESPONSIBILITIES OF THE LAW -- AS DEFENDER,
PROSECUTOR, OR JUDGE -- DO OUR JOBS. AND FOR OUR SYSTEM TO WORK, WE
ARE RESPONSIBLE NOT ONLY FOR OUR OWN ACTIONS, BUT FOR ENSURING THAT
THE SYSTEM OF LAW SET OUT IN THE CONSTITUTION IS NOT VIOLATED --
ESPECIALLY BY THOSE ENTRUSTED WITH PROTECTING IT.
FAITHFUL ADHERENCE TO LAWS AND GUIDELINES IS NECESSARY TO
PROTECT THE RIGHTS OF THE INDIVIDUAL, BUT IT IS ALSO IMPORTANT IN
ENSURING PUBLIC TRUST AND CONFIDENCE IN GOVERNMENT. I HAVE GREAT
CONFIDENCE IN THE AMERICAN PEOPLE TO SUPPORT SOMETHING THAT MAKES
SENSE AND SOMETHING THAT THEY KNOW IS NECESSARY.
I RECALL THAT WHEN I WAS SWORN IN AS DIRECTOR OF THE FBI IN
1978, PRESIDENT CARTER, IN HIS REMARKS, OBSERVED THAT HE COULD THINK
OF NO ORGANIZATION IN GOVERNMENT THAT HAD MORE TO DO WITH HOW THE
11
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PEOPLE OF THIS COUNTRY THOUGHT ABOUT THEIR GOVERNMENT THAN THE
FBI.8 WHEN I TOOK OVER AS DIRECTOR, MY GOALS WERE TO MAINTAIN THE
HIGH STANDARDS AND TRADITIONS OF THE BUREAU AND TO PROTECT OUR
SOCIETY WITHIN THE FRAMEWORK'OF THE CONSTITUTION.9
WHILE AT THE FBI. I WAS ALWAYS BEING ASKED, "IS IT TRUE THAT THE
FBI IS ALL LAWYERS AND ACCOUNTANTS?" WHEN I SAID NO, I WOULD BE
ASKED: "WELL. WHY ISN'T IT?" AMERICANS LIKE THE IDEA THAT THERE
ARE LAWYERS WORKING IN THE FBI. THERE WERE LESS THAN 1,000 LAWYERS
IN THE BUREAU WHEN I CAME ON BOARD, AND I BUILT THAT NUMBER BACK UP
TO ABOUT 1,400, ASIDE FROM THE GENERAL COUNSEL'S OFFICE AND THE
PRINCIPAL LEGAL ADVISERS IN EACH OF THE FIELD OFFICES. I BELIEVE
THAT THE INFLUENCE OF LAW-TRAINED PEOPLE IN THAT ORGANIZATION HAD A
POSITIVE EFFECT ON EVERY ACTION THAT TOOK PLACE. IN HELPING TO PLAN
THE BUREAU'S ACTIVITIES. LAWYERS, IN MY VIEW, WOULD BE MORE LIKELY
TO TAKE INTO ACCOUNT WHAT OUR SOCIETY DEMANDS OF US IN TERMS OF
MAINTAINING THE BALANCE BETWEEN PRESERVING INDIVIDUAL LIBERTIES AND
KEEPING OUR SOCIETY SAFE AND FREE.10
12
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THOSE REALLY WERE MOMENTOUS, EXCITING YEARS. WE WERE ABLE TO
FOCUS OUR EFFORTS ON SOME OF, THE MAJOR LAW ENFORCEMENT CONCERNS IN
THIS COUNTRY -- ORGANIZED CRIME, WHITE COLLAR CRIME AND CORRUPTION..
HOSTILE INTELLIGENCE ACTIVITIES, DRUGS, AND TERRORISM.11 AND I'M
PLEASED THAT THIS IMPORTANT WORK IS CONTINUING UNDER THE LEADERSHIP
OF DIRECTOR SESSIONS.
I AM PARTICULARLY PROUD OF WHAT THE BUREAU WAS ABLE TO
ACCOMPLISH DURING THE ABSCAM INVESTIGATION, AND I'D LIKE TO FOCUS
FOR A MINUTE ON THE ROLE OF LAWYERS IN THE INVESTIGATION. THIS CASE
WAS REVIEWED ON A DAILY BASIS BY FEDERAL PROSECUTORS IN NEW YORK AND
IN WASHINGTON BY JUSTICE DEPARTMENT ATTORNEYS WHO MADE
RECOMMENDATIONS ON NUMEROUS. INVESTIGATIVE STEPS. PROSECUTORS
PERSONALLY MONITORED, ON CLOSED-CIRCUIT TELEVISION, MANY OF THE
TRANSACTIONS THAT TOOK PLACE. ONE PURPOSE FOR THIS ON-LINE
MONITORING WAS TO GUARD AGAINST CONDUCT AMOUNTING TO ENTRAPMENT.
THE ATTORNEYS COULD PICK UP A TELEPHONE AND CALL INTO THE MEETING
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ROOM. THE UNDERCOVER AGENT WOULD ANSWER AS IF HE WAS RECEIVING A
BUSINESS CALL AND OBTAIN INSTRUCTIONS NECESSARY TO ENSURE THAT WE
WERE FOLLOWING ALL LEGAL REQUIREMENTS. THE PROCEDURES WORKED WELL,
AS WE WERE SUCCESSFUL IN. EVERY APPEAL TAKEN IN THE ABSCAM CASES.12
I MIGHT ADD THAT WHILE I, WAS AT THE FBI, I BROUGHT YOUNG,
TALENTED ATTORNEYS INTO THE BUREAU TO SERVE AS MY SPECIAL
ASSISTANTS. THESE TALENTED PEOPLE REPORTED DIRECTLY TO ME AND
CLOSELY MONITORED THE BUREAU'S OPERATIONS, THUS INCREASING
ACCOUNTABILITY.
A YEAR AND A HALF AGO, I ACCEPTED A NEW RESPONSIBILITY --
DIRECTOR OF CENTRAL INTELLIGENCE -- AND I HAVE CONTINUED THE
PRACTICE OF BRINGING IN SPECIAL ASSISTANTS WITH LEGAL BACKGROUNDS.
THESE. ASSISTANTS WORK WITH ME AND WITH THE OFFICE OF GENERAL
COUNSEL, AND THEIR WORK IS BOTH IMPORTANT AND NECESSARY.
THERE ARE A GREAT MANY STATUTES AND REGULATIONS, SUCH AS THE
HUGHES-RYAN AMENDMENT AND EXECUTIVE ORDER 12333, THAT IMPOSE SOME
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SIGNIFICANT RESPONSIBILITIES ON INTELLIGENCE AGENCIES. BUT, IN MY
VIEW, THE INTERNAL PROCESS BY WHICH WE SEND PROPOSALS FORWARD IS AS
IMPORTANT AS THE EXTERNAL REGULATIONS.
THE OFFICE OF GENERAL COUNSEL AT CIA PLAYS A VITAL ROLE IN
VIRTUALLY EVERY ACTIVITY OF THE AGENCY. AND NOWHERE IS THE ADVICE
OF OUR LAWYERS MORE VALUABLE AND MORE ACTIVELY SOUGHT THAN IN THE
AREA OF COVERT ACTION. MY GENERAL COUNSEL. RUSS BRUEMMER. SITS ON
THE COVERT ACTION REVIEW GROUP, WHICH EVALUATES COVERT ACTION
PROPOSALS BEFORE THEY ARE SUBMITTED TO THE NATIONAL SECURITY
COUNCIL. THE SPECIFIC ACTIVITIES TO BE UNDERTAKEN ARE CAREFULLY
CONSIDERED BY OUR ATTORNEYS TO ENSURE THAT THEY ARE CONSISTENT WITH
OUR LAWS AND OUR CONSTITUTION. THE COVERT ACTION REVIEW GROUP ASKS
ITSELF THESE KINDS OF QUESTIONS BEFORE FORWARDING A PROPOSAL TO THE
NSC AND THE PRESIDENT FOR CONSIDERATION: IS IT CONSISTENT WITH THE
OVERT FOREIGN POLICY OF THE UNITED STATES? WHAT ARE THE
CONSEQUENCES GOING TO BE IF THE ACTIVITY IS PUBLICLY EXPOSED? WILL
15
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IT BE ACCEPTABLE AND MAKE SENSE TO THE AMERICAN PEOPLE? IS IT
CONSISTENT WITH AMERICAN. VALUES? AND, OF COURSE, WILL IT WORK? AS
I MENTIONED, LAWYERS HAVE VERY SUBSTANTIVE INPUT IN THESE IMPORTANT
DELIBERATIONS. AND BEFORE ANY DECISIONS ARE MADE, ALL SIDES OF AN
ISSUE ARE EXPLORED.
-LAWYERS PLAY A VERY SIGNIFICANT ROLE, ESPECIALLY IN
GOAL-ORIENTED ORGANIZATIONS THAT ARE BUILT UPON "CAN DO" OR "MUST
DO" MISSIONS. I HAVE ALWAYS BELIEVED THAT ONGOING LEGAL ADVICE --
THE SORT WE HAD DURING THE ABSCAM INVESTIGATION -- WAS VITALLY
IMPORTANT TO THE SUCCESS OF A MISSION. I HAVE MADE SURE THAT I HAD
THIS ADVICE BOTH AT THE FBI AND AT THE CIA. BUT I HAVE NOT
FORGOTTEN THAT IT IS SOMETIMES DIFFICULT TO BE THE ONE GIVING
ADVICE. STILL, I AM CONVINCED THAT LAWYERS ARE VITAL TO THE TRUST
THAT THE AMERICAN PEOPLE MUST HAVE IN THEIR GOVERNMENT. -THE
AMERICAN PEOPLE MUST BELIEVE THAT WE ARE DOING THINGS RIGHT.
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I HAVE TALKED AT LENGTH ABOUT THE REWARDS AND DEMANDS OF A
CAREER IN PUBLIC SERVICE. BUT THE GREATEST BLESSING OF MY
PROFESSIONAL LIFE HAS BEEN THE PRIVILEGE OF WORKING IN HARNESS WITH
MEN AND WOMEN OF INTEGRITY -- FIRST IN THE NAVY, THEN THE BAR, ON
THE BENCH, IN THE FBI, AND NOW AT CIA. THROUGHOUT MY CAREER. I HAVE
WORKED WITH PEOPLE WHO ARE NOT PREOCCUPIED BY FAME AND FORTUNE, BUT
SEE PUBLIC SERVICE AS A WAY TO PURSUE THEIR HIGHEST ASPIRATIONS FOR
A BETTER WORLD.
AS I WAS PREPARING THESE REMARKS, I THOUGHT OF A PHOTOGRAPH AND
QUOTATION THAT APPEARED ON THE COVER OF THE ST. LOUIS BAR JOURNAL
WHEN I WAS ITS EDITOR IN THE EARLY 1950's. IT SHOWED A YOUNG LAWYER
-- PERHAPS A LAW STUDENT -- SITTING IN A COURTROOM, BEHIND THE
JUDGE'S BENCH, LOOKING OFF INTO THE FUTURE. AND THE QUOTATION,
WHICH I SELECTED FROM JUDGE LEARNED HAND, SAID, "DESCENDED TO US, IN
SOME PART MOLDED BY OUR HANDS, PASSED ON TO SUCCEEDING GENERATIONS
WITH REVERENCE AND WITH PRIDE, WE AT ONCE ITS SERVANTS AND ITS
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MASTERS, RENEW OUR FEALTY TO THE LAW." THOSE ARE WONDERFUL WORDS.
ALTHOUGH MUCH WATER HAS GONE OVER THE DAM SINCE I FIRST READ THEM,
THEY ARE STILL DEEPLY MEANINGFUL TO ME. AND PERHAPS THAT IS WHY I
WAS SO GRATEFUL WHEN YOU INVITED ME TO BE WITH YOU TODAY.
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., 44
.REMARKS
BY
WILLIAM H. WEBSTER
DIRECTOR OF CENTRAL INTELLIGENCE
BEFORE THE
AMERICAN BAR ASSOCIATION
TORONTO, CANADA
AUGUST 9, 1988
a
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Thank you very much Bob, President MacCrate, Prime Minister Robinson,
other distinguished guests and fellow members of the American Bar
Association. I am delighted to be with you. I can't resist saying that if
some day -- as I'm certain I will -- I am called to account for my sins, I
hope that Bob MacCrate is around to impanel the jury.
I particularly feel pleased to be here this morning and to follow in the
wake of the award of the American Bar Association medal to my fellow
St. Louisan, Bill McCalpin. It is richly deserved. I've known Bill. forforty
years as a friend and a colleague and, along with your distinguished past
President John Shepherd, we worked together on many projects. I am proud for
Bill, I'm proud for St. Louis, and I'm proud for the American Bar Association
that Bill has been selected for this high honor.
Well, I am here in Canada speaking largely to Americans, and that, in a
way, is a relief. I spoke to the Royal Canadian Mounted Police Annual Mess
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6TH ARTICLE of Level 1 printed in FULL format.
Copyright (c) American Bar Association, 1988.
ABA Journal
May 1, 1988
74 May ABA J. 8
LENGTH: 740 words
SECTION: A Message From the President
TITLE: THE UNSUNG REWARDS OF PUBLIC SERVICE
AUTHOR: Robert MacCrate
TEXT:
At any one time at least 10 percent of the American legal profession are in
public service. Since the founding of the Republic, fortunately many of the
most able and distinguished members of the bar have been drawn to public
service. For the survival of a government of laws, lawyers have an essential
part to play.
De Tocqueville commenting upon Democracy in America in 1835 said:
"I cannot believe that a republic could hope to exist at the present time if
the influence of lawyers in public business did not increase in proportion to
the power of the people."
And this has been what has happened as lawyers over the years have been drawn
to public service, in President Grover Cleveland's phrase, as "servants and
agents of the people, to execute the laws which the people have made."
But there are signs that in some circles within the legal community public
service has lost its attraction. Public affairs are regarded as someone else's
responsibility. From some law schools as few as 3 percent of their graduating
classes are choosing to begin their careers in the public sector. We see a
possibly related phenomenon in the declining number of lawyers willing to stand
for public office and the shrinking number of lawyer legislators.
There have, of course, been two traditional paths for lawyers entering public.
service. First, there are those who enter public work upon completing law
school. They seek initial employment in the public sector to have this
experience before becoming accustomed to the generally larger financial rewards
of the private sector. To encourage students to follow this path some law
schools today have programs to ease the burden of student loans for those who
immediately enter public work.
An alternative path is to defer public work and first to enter private
practice. Here the lawyer can develop skills and experience and later enter as,
it is argued, a better attorney and thereby make a greater contribution in the
public sector when "working for the people."
But regardless of which-of these paths is followed, the majority of lawyers
entering public service (with the obvious exception of members of the, judiciary)
become."in-and-outers." They move in and out as the opportunities for
LEXIS? NEXIS? LEXIS? NEX/?
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.t
(c) ABA, ABA Journal, May 1, 1988
rewarding public work come and go. They respond to what has been a common
desire among many lawyers to give some part of their lives to public work with
its unique job satisfaction from feeling one is doing something useful for the
community as a whole.
Fortunately, however, there are a substantial number of lawyers in local,
state and federal service who once in public work make a long-term commitment to
this work and become our career public servants.
An extraordinary example of such a lawyer's career in public service is that
of Edith I. Spivack. For more than 54 years she has been a lawyer for the City
of New York -- for the last 12 years as executive assistant corporation counsel.
Entering public service in 1934 to clean up corrupt practices, she remained and
became an outstanding trial and appellate advocate.
I asked Edith Spivack what her life as a lawyer in public service has meant
to her. Here is a brief excerpt from her reply:
"The rewards and satisfactions of government service cannot be matched In the
private sector. It gives you the feeling of usefulness to society. Since it is
the public at large to which the government lawyer is really responsible,
there is leeway'in determining the appropriate course of action without the
pressures to which the private sector is subject.
"In disputes involving government, the main concerns are for justice to be
done and for fair means to be used In obtaining;. it. Resolution of disputes on
this basis is what makes government service so worthwhile."
In such spirit, public service lawyers have again and again proven to be an
invaluable asset of good government and have provided inspiration to all of us
by their devotion and continuing contribution to the public weal.
We hope to enrich the ABA by encouraging their greater participation and to
assist them through our new Public Service Lawyers Membership program (See
"Reduced Dues For Public Servants," April 1 ABA Journal, page 144) and our new
Special Advisory Committee on Programs for Public Service Lawyers (page 161 in
this. issue).
These efforts I hope will better acquaint us all with the true rewards of
public service.
GRAPHIC: Picture, Edith I. Spivack, New York City executive assistant
corporation counsel, discussing the rewards of a public service career with
President MacCrate. ABAJ/Wide World
LEXIS? NEXIS? LEXIS? NEXIS
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U.S. Department of Justice
Federal Bureau of Investigation
REMARKS BY
WILLIAM H. WEBSTER
DIRECTOR
FEDERAL BUREAU OF INVESTIGATION
AT THE
DICKINSON SCHOOL OF LAW COMMENCEMENT
CARLISLE, PENNSYLVANIA
JUNE 6, 1981
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forcesnent Explorer Scouts, which reach some 40,000 high
l students, are just some examples. They can give
.,sight into the working of law enforcement agencies so often
. glected and misunderstood by the leaders of the communities
:~eY serve.
There are many organizations that offer windows'
co the law enforcement system. The Backstoppers, the 200
a
~ub5I the Crimestoppers, Victims of Crime, even the Law
that some of you will eventually join us on the firing line
?ostice system. It's also its most visible symbol. You may
recall that Arthur Vanderbilt, one of America's greatest
:;ages, spent the last years of his life working to improve
the traffic courts of our country because it was there that
lost Americans came into contact with and developed their
:spressions of American justice. He said we have to improve
them if our sense of American justice is to be improved. The
same can be said- of understanding and support given to our
:aw enforcement agencies.
All of you here today can make a difference in how
effective we are. Society will look to you for new ideas in
aeeting the challenge of contemporary violence. We expect
Law enforcement is the threshold of the criminal
as judges, prosecutors, defense attorneys, or perhaps as
other members of law enforcement, and help hammer out the
oases which shape our constitutional rights. We need all the
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REMARKS
BY
WILLIAM H. WEBSTER
DIRECTOR OF CENTRAL INTELLIGENCE
INTELLIGENCE COMMUNITY ATTORNEYS
11 MAY 1988
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THE LAWYERS" TO SIGNIFY THE IMPORTANT ROLE LAWYERS HAVE IN PRESERVING ORDER.
THAT INTERPRETATION PUTS A SLIGHTLY DIFFERENT SPIN ON THE WORK THAT YOU DO AND
THAT I LIKE TO THINK THAT I STILL DO. THE SIGNIFICANCE OF YOUR ROLE IS ONE OF
THE THINGS I HOPE TO COVER TONIGHT.
WE HAVE ALL HAD THE EXPERIENCE OF WORKING IN THE EXECUTIVE BRANCH OF
GOVERNMENT, WITH PEOPLE WHO EXERCISE FAIRLY FIERCE AUTHORITY. THESE PEOPLE
HAVE A SOMEWHAT DIFFERENT ATTITUDE ABOUT THE ADVICE THEY RECEIVE FROM THEIR
GENERAL COUNSELS THAN DO COMPANY EXECUTIVES, WHO HAVE BEEN BETTER CONDITIONED
TO ACCEPT ADVICE. AND I KNOW THAT THERE AREN'T MANY OF US WHO HAVEN'T ASKED
THE QUESTION: "WHAT DO YOU MEAN I CAN'T DO IT?" I KNOW THIS BECAUSE I HAVE
ASKED THE SAME QUESTION OF JOE DAVIS AND RUSS BRUEMMER. IT'S A QUESTION THAT
WE HAVE TO UNDERSTAND AND COME TO GRIPS WITH.
I RECALL ASKING THIS QUESTION WHILE SERVING IN THE KOREAN WAR. I WAS THE
EXECUTIVE OFFICER OF A TANKER, AND THE CAPTAIN CAME TO ME AND SAID: "FOUR OF
OUR MEN HAVE BEEN ARRESTED AND ARE BEING INTERROGATED. WILL YOU REPRESENT
THEM?" WELL THIS WAS POST-ESCABITO BUT PRE-MIRANDA, AND THE UNIFORM CODE OF
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MILITARY JUSTICE WAS BEING REVISED. WE HAD SOMETHING CALLED NAVAL COURTS AND
BOARDS. SO I WENT TO THE ROOM WHERE THE. MEN WERE BEING HELD AND BANGED ON THE
DOOR, WANTING TO GET IN . THE INVESTIGATORS SAID: "YOU CAN'T COME IN NOW
BECAUSE WE ARE QUESTIONING THEM." I":SAID: "THAT'S WHY I WANT TO COME IN."
WE WENT THROUGH THE WHOLE ESCABITO EXERCISE, AND FINALLY I GOT INSIDE THE ROOM
AND SAID: "I WANT TO BE SURE THAT THESE MEN UNDERSTAND THEIR RIGHTS. HAVE
YOU ADVISED THEM THAT THEY DON'T HAVE TO ANSWER QUESTIONS?" THE INVESTIGATORS
REPLIED: "WELL, WE'VE TOLD THEM THAT THEY HAVE CERTAIN CONSTITUTIONAL
RIGHTS." AND I SAID "VERY GOOD. HAVE YOU TOLD THEM THAT INCLUDES THE RIGHT
NOT TO ANSWER YOUR QUESTIONS?" SO I ADVISED THE.MEN OF THEIR RIGHTS. A FEW
WEEKS LATER WHEN I WAS OUT AT SEA, I RECEIVED A LONG MILITARY LETTER THAT HAD
COME THROUGH ALL THE ADMIRALS FROM THE NAVY SHIPYARD AT PEARL HARBOR WHERE
THIS INCIDENT OCCURRED, TO THE COMMANDANT OF FOURTEENTH NAVAL DISTRICT, TO THE
COMMANDER SERVICE FORCE PACIFIC FLEET. THE KEY LINE OF THE LETTER WAS: "DUE
TO LIEUTENANT WEBSTER'S INTERFERENCE WE WERE UNABLE TO OBTAIN A CONFESSION."
LATER, I DID RECEIVE A VERY NICE VINDICATION SAYING THAT I HAD DONE NO MORE
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THAN GUARANTEE TO THESE MEN THEIR RIGHTS ASSURED BY THE CONSTITUTION OF THE
UNITED STATES, AND I HAVE KEPT THAT LETTER.
BUT THAT INCIDENT TAUGHT ME THAT LAWYERS PLAY A VERY SIGNIFICANT ROLE THAT
IS NOT OFTEN UNDERSTOOD OR APPRECIATED IN GOAL-ORIENTED ORGANIZATIONS THAT ARE
BUILT UPON "CAN DO" OR "MUST DO" MISSIONS. SOMETIMES, IT TAKES A LOT OF
CONSIDERED "STROKING" FOR US TO MAKE EXECUTIVES UNDERSTAND THAT WE ARE REALLY
THERE TO HELP THEM DO WHAT THEY WANT TO DO -- AND DO IT PROPERLY. WE MUST
MAKE OUR EXECUTIVES SEE THAT OUR QUESTIONS AND OUR "AS YOU GO" ADVICE IS
VITALLY IMPORTANT TO THE SUCCESS OF THE MISSION. AND LAWYERS ARE VITAL TO THE
TRUST THAT THE AMERICAN PEOPLE MUST HAVE IN SECRET ORGANIZATIONS. THE
AMERICAN PEOPLE MUST BELIEVE THAT WE ARE DOING THINGS RIGHT.
AS WE GO ABOUT THIS BUSINESS, I THINK IT'S VERY IMPORTANT FOR US TO
UNDERSTAND THE NATURE OF OUR MISSION, BECAUSE IT HELPS US UNDERSTAND THE
PEOPLE WITH WHICH WE ARE INVOLVED. HOW MANY OF YOU -- MAY I SEE A SHOW OF
HANDS -- HAVE OFFICES WITHIN 500 FEET OF THE SENIOR PERSON TO WHOM YOU
REPORT? THAT'S IMPRESSIVE. HOW MANY HAVE OFFICES ON THE SAME FLOOR? NOW I'M
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Office of the Director
U.S. Department of Justice
Federal Bureau of Investigation
THE TYRRELL WILLIAMS MEMORIAL
LECTURE
BY
WILLIAM H. WEBSTER
DIRECTOR
FEDERAL BUREAU OF INVESTIGATION
WASHINGTON UNIVERSITY
SCHOOL OF LAW
ST. LOUIS, MISSOURI
3/14/85
"SOPHISTICATED SURVEILLANCE--INTOLERABLE INTRUSION
OR PRUDENT PROTECTION?"
SUMMARY
Informants, electronic surveillance and undercover
Agents are effective tools for law enforcement. But our use of
these tools is bridled by legal and self-imposed restraints to
protect constitutional' guarantees of fairness and due process.
Introduction - Tradition of liberty in America; use of
intrusive techniques--prudent protection or
intolerable intrusion? Concept of fairness
(pages 1-4)
Informants - Use in law enforcement; Jimmy Fratianno;
Judge Brockton Lockwood; control and record
keeping; assessing suitability; AG
guidelines; testimony at trial (pages 5-10)
Electronic - Title III authorization; keeping Agents
Surveillance informed on court rulings about electronic
surveillance; court orders; CHIFAL
(pages 10-15)
Undercover - 'Reasons for using them; cost effectiveness;
A ents SATOH; approving proposals for undercover
operations; ABSCAM (pages 15-20)
1
Conclusion - Safeguards for using sensitive techniques;
importance of ensuring fairness (pages 21-22)
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Most of us willingly accept some degree of intrusion to
ensure public safety. For example, some years ago, while sitting
on the Eighth Circuit, I wrote-an opinion touching upon the use
of inspection points for passengers boarding aircraft. It was my
opinion then that the minimal intrusion involved in that
situation was more than offset by the additional measure of
safety provided to passengers in flight. Experience has
reinforced that view, and as I said then, I believe the public
would be outraged if these checks were suddenly removed from
airport terminals.
But the use of sensitive techniques in Federal
investigations has raised some important issues--particularly
questions about fairness. I remember reading an article that
appeared in the American Bar Association Journal a number of
years ago entitled "Lincoln and the Law" by the noted legal
scholar Arthur L. Goodhart, who delivered the Tyrrell Williams
Lecture in 1964. Dr. Goodhart made an important observation
about Lincoln's legal philosophy. He said, "...[T]o Lincoln the
most important idea that the law represented was the idea of
fairness. Justice carries a pair of scales that are evenly
balanced." Maintaining that sense of fairness is as important
today as it was in Lincoln's time. So, I would like to tell you
how we manage these sensitive techniques to keep the scales in
balance.
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Remarks at FBI Portrait Ceremony
by
William H. Webster
Director of Central Intelligence
FBI Headquarters
Washington, D.C.
July 20, 1988
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tackle some of the great problems of our country in the midst of troublesome
events, such as the shooting of a President. But equally important, I think,
we were able to focus our efforts --.focus them on organized crime, on
white-collar crime and corruption, on foreign counterintelligence, on drugs
and terrorism -- real problems in law enforcement. Twenty-one thousand women
and men of the FBI made a difference in America, just as they did in earlier
years. And I know they will do so again with today's leadership.
I remember when I was sworn in just over ten years ago that President
Carter remarked that he knew of no organization in government that had more to
do with how the American people felt about their government. When the FBI did
well, they felt good about their country. When President Reagan came into
office, he continued the tradition of professionalism in the FBI and kept us
out of politics with the help of Ed Meese, who later became Attorney General.
Ed, I want to thank you for all the cooperation that you've given me. Through
the years there has never been a moment when you have not wanted to see done
for law enforcement what needed to be done, and you have helped to keep us as
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 tUDMAN
Correspondent
Dispatch
resident Jimmy
illiam H. Webster
director of the
stigalion.
waF rn.de at rho
ey General Griffin
judge of the bit,
-eals, listened to
ice on a special
Louis chambers,
rid his }?nungest
istened with the
:emer,t over as
the outer office,
er, Mrs. Drusilla
.. shared a tele?
erk, Russell. J.
ended both \Cel,
1adpe Frank ;.
Carter made ine
vii said he investi.
Is A'
ROSE
atcb Staff
awn outside legal
Its close friends
admit to being
ant the job,
d'*' 11:iliart If
.o mar. .: ,.,:...:
? Carter to be cit.
ureau of Investi
as a model in.,
i candidate a.'?;
of Webster ihat
sere with friends,
:ourt observers,
:ivists.
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i is , -U,-if o e-111 .
------------
WEBSTER Is a judicial middle-rd.
the rouder. Page 3B.
HOW TILE SEARCH led to Judge
Webster. Page. 3B..
gated both men and found them highly
qualified.
Bell described Wester as "a man of
strength, high intellect and integrity,
experienced in our system of justice and
an experienced lawyer."
Bell said he hoped 'Judge Webster
would be prepared to go before the
Senate Judiciary Committee in two or
three weeks for confirmation hearings.
He said that might Snean Webster would
have to finish writing any pending
decisions between the hearings and his
swearing-in,
After Bell's announcement, Webster
opened a press conference in the Federal
Courts Building in St. Louis with the
following statement:
an -'Wit,
integrity and fairness. He is a Christian
Scientist who neither drinks nor smokes.
Nowhere in his past is the slightest hint
of impropriety, say those who know him.
Unfailingly polite, a devot.'d family
man, a good listener and social mixer, a
"I would I~;:' y >s dre
A! my P agreed to accept the thv
grattlude tut ti.r Judge gave I'mi t:, c. ar t:.; .
by the president a.. r. y ; ~'it r? questioiis he wsutad a:rswerid. tklltsuul
alon in could recall only, oone: Why could not
at in selecting rut: ,o Icad tae the next l h FBI come directly under the attorney
Bureau of Invest s
g the
decade.- - general on the organization chart?
."I consider this nomination a great Bell said Webster would r epott to tun,:
honor because th. FBI has a unique It had been the nracticr of the lift-. J.
place in the hear of the American Edgar Hoover, director for 48 years, to
people. it is a vita. institutiun that has often ignore attorney's general w d relxon
served the public s l. directly to the president.
"If confirmed, I ;;ope to carry on the "He does not report to the president,"
fine work of Direct(?r (Clarence) Kelley Bell said. "1 do not want the head of the
in moving the bureau forward to meet FBI involved In White House operations.
the challenges of modern law enforce. We've been down that road Pefore."
ment, to maintain the high standards Bell said that he.wuld the heads of the
and traditions of V_, FBI and to protect Civil Rights and Criminal division to
our society within tyre framework of the study all of Webster's decisions in those
Constitution.
"Because I am ;: sitting judge and I two areas. He read some of the cases
would not want ;u interfere d in the himself. An aide said that the attorney
management not want the bureau, and in sh the general had worked rn this Monday until
fully briefed, I w ll be reluctant to "III per" with law .~ook?aparad arotard..
comment on any :..bstantive questions him on a table.
until my confirmat, ri hearings." "I concluded that he is
Bell told reporter, that before Webster ? See FBI, Page 8
rn
eeeable
P
"He is not the tyl,e to hide his talents
under a bushel. If you put him in a room
with the chairman of the board and the
personnel director of a company, he will
grav;tate toward the chairman of the
board. It is his nature."
,Another friend, w ho also asked not to
be identified. often' a somewhat similar
appraisal:
"If a pie Is on the table and every.
body's got a knife and fork, Bill is not
going to take a back seat. He will be.
polite, of course, buy he will get his share
of the pie. He knov s where he is going,
although he doesn't rough-house other
people in the prose:..;." ??
urortang Wern?,th, a formidable corn-,
petitur whether on the tc.-tnis couru or in'
the. courtroom, a long-time supporter of
the Big Brothers program in St. Louis -
those are some of the descriptive phras-
es that repeatedly surfaced in 20 inter.
views with persons of varying political or
philosophical persuasion,
Webster, a Republican chosen for the
FBI post by a Democratic President,
also Is depicted as a man who knows
what he wants out of life.
"He is a man who has goals and moves
toward them," says one long-time friend.
Webster may be ambitious, says still
another long-time friend, Bourne Bean.
But his ambition, ;ays Bean, Is a trait
that goes beyond sell. "I think Bill has a
very fierce pride and loyalty on a big
recientials
scale. I honestly believe his ambition is
to do something great for his country,
Yet he has a sense of huriiilityy and is
very modest about his achievements."
Bean is a member of the law firm in
which Webster was a partner before
Webster's appointment as a federal
district judge in late. 1970 by then.
President Richard M. Nixon.
Along with several other persons inter.
viewed, Bean said he was surprised by
Webster's Interest in the FBI appoint.
ment. "I and so many of hIS'friends
would like to see him on the Supreme
Court," Bean said.
Webster, a judge of the United States
Court of Appeals for the Eighth Circuit
since 1973 and a former U.S. Attorney
here, was among six persons whose
See WEBSTER, Page 8
Judg. WHllom H. Wi
The president's cho
I IF a I a? ? .A r I r-M- T~1 . 0
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" y
REMARKS
BY
WILLIAM H. WEBSTER
DIRECTOR OF CENTRAL INTELLIGENCE
INTELLIGENCE COMMUNITY ATTORNEYS
11 MAY 1988
/D
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1, ~ tt 1' 1
WHAT WE DO AND WHY WE DO IT. BECAUSE WE CANNOT TRUMPET OUR SUCCESSES ON THE
INTELLIGENCE SIDE OF THE HOUSE, THE AMERICAN PEOPLE MUST DEVELOP CONFIDENCE
AND TRUST IN WHAT WE ARE DOING -- AND THAT WE ARE DOING IT RIGHT.
=I AM ALWAYS BEING ASKED: "IS IT TRUE THAT THE FBI IS ALL LAWYERS AND
ACCOUNTANTS?" WHEN I SAY NO, THEY ASK: "WELL WHY ISN'T IT?" THEY LIKE THE
IDEA THAT THERE ARE LAWYERS WORKING IN THE FBI. I LIKE THE IDEA TOO, BUT I
HAVE FOUND THAT THEIR NUMBERS ARE SHRINKING. THERE WERE LESS THAN 1,000
LAWYERS IN THE FBI WHEN I CAME ON BOARD, AND I BUILT THAT NUMBER BACK UP TO
SOMETHING LIKE 1,400, ASIDE FROM THE GENERAL COUNSEL'S OFFICE AND THE
PRINCIPAL LEGAL ADVISERS IN EACH OF THE FIELD OFFICES. I BELIEVE THAT THE
INFLUENCE OF LAW-TRAINED PEOPLE IN THAT ORGANIZATION IS BOUND TO HAVE A
POSITIVE EFFECT ON EVERY ACTION THAT TAKES PLACE. IN PLANNING THESE ACTIONS,
LAWYERS WOULD BE MORE CERTAIN TO TAKE INTO ACCOUNT WHAT OUR SOCIETY DEMANDS OF
US IN TERMS OF MAINTAINING THE BALANCE BETWEEN PRESERVING INDIVIDUAL LIBERTIES
AND KEEPING OUR SOCIETY SAFE AND FREE.
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Remarks at FBI Portrait Ceremony
by
William H. Webster
Director of Central Intelligence
FBI Headquarters
Washington, D.C.
July 20, 1988
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^ ya.''S
Dr. Evans, distinguished members of Congress who were so helpful to me in
the years I was here, all my friends and colleagues, both from St. Louis and
here in Washington:
You know, it's an ominous thing to see one's name under the heading
"Wanted by the FBI." It's even more awesome to think of yourself as "Hung by
the FBI". Better that it is behind me now as I talk to you.
Ed and Bill and Louie, you have been overly generous in your remarks about
me, and I hasten to say that it's not at all hard to do a job in an
organization where leadership'and ability and willingness are so everywhere
present. All I had to do is understand a good idea when I heard one and give
a little encouragement to see that it would be carried out.
A portrait may be, in a sense, a record of a point in time -- a time
frame. And these really were momentous, exciting years. We were able to
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tackle some of the great problems of our country in the midst of troublesome
events, such as the shooting of a President. But equally important, I think,
we were able to focus our efforts -- focus them on organized crime, on
white-collar crime and corruption, :on foreign counterintelligence, on drugs
and terrorism -- real problems in law enforcement. Twenty-one thousand women
and men of the FBI made a difference in America, just as they did in earlier
.years. And I know they will do so again with today`s leadership.
I remember when I was sworn in just over ten years ago that President
Carter remarked that he knew of no organization in government that had more to
do with how the American people felt about their government. When the FBI did
well, they felt good about their country. When President Reagan came into
office, he continued the tradition of professionalism in the FBI and kept us
out of politics with the help of Ed Meese, who later became Attorney General.
Ed, I want to thank you for all the cooperation that you've given me. Through
the years there has never been a moment when you have not wanted to see done
for law enforcement what needed to be done, and you have helped to keep us as
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U.S. Department of Justice
Federal Bureau of Investigation
THE TYRRELL WILLIAMS MEMORIAL
.LECTURE
BY
WILLIAM H. WEBSTER
DIRECTOR
FEDERAL BUREAU OF INVESTIGATION
WASHINGTON UNIVERSITY
SCHOOL OF LAW
ST. LOUIS, MISSOURI
3/14/85
"SOPHISTICATED SURVEILLANCE--INTOLERABLE INTRUSION
OR PRUDENT PROTECTION?"
SUMMARY
Informants, electronic surveillance and undercover
Agents are effective tools for law enforcement. But our use of
these tools is bridled by legal and self-imposed restraints to
protect constitutional guarantees of fairness and due process.
Introduction - Tradition of liberty in America; use of
intrusive techniques--prudent protection or
intolerable intrusion? Concept of fairness
(pages 1-4)
Informants - Use in law enforcement; Jimmy Fratianno;
Judge Brockton Lockwood; control and record
keeping; assessing suitability; AG
guidelines; testimony at trial (pages 5-10)
Electronic - Title III authorization; keeping Agents
Surveillance informed on court rulings about electronic
surveillance; court orders; CHIFAL
(pages 10-15)
Undercover Reasons for using them; cost effectiveness;
Agents SATOH; approving proposals for undercover
operations; ABSCAM (pages 15-20)
Conclusion - Safeguards for using sensitive techniques;
importance of ensuring fairness (pages 21-22)
Declassified and Approved For Release 2012/05/31: CIA-RDP99-00777R000302410002-3
 Declassified and Approved For Release 2012/05/31 : CIA-RDP99-00777R000302410002-3
But that legislation. will not mean relaxed vigilance on our part.
We will continue to weed out those proposals that run excessive
risk of injuring innocent parties.
Once in place, we monitor undercover operations closely
to ensure compliance with legal requirements and guidelines
promulgated by the Attorney General. For example, the ABSCAM
case was reviewed on a daily basis by Federal prosecutors in
New York and in Washington by Justice Department attorneys who
made recommendations on numerous investigative steps.
Prosecutors personally monitored, on closed-circuit television,
many of the transactions as they took place. One purpose for
this on-line monitoring was to guard against conduct amounting'to
entrapment. The attorneys could pick up a telephone and call
into the meeting room. The undercover Agent would answer as if
he was receiving a business call and obtain instructions
necessary to ensure that we were following all legal
requirements. The procedures worked well, as we were successful
in every appeal taken in the ABSCAM cases.
We cannot anticipate and avoid every conceivable
problem in a scenario in which only some of the players have the
script, but we make every effort to do so and to build upon our
past experience. That is the purpose of the Review Committee:
to build institutional awareness.
Declassified and Approved For Release 2012/05/31: CIA-RDP99-00777R000302410002-3