STATEMENT OF HON. RICHARD L. THORNBURGH, ATTORNEY GENERAL, U.S. DEPARTMENT OF JUSTICE

Attorney General THORNBURG. Thank you, Mr. Chairman, members of the committee. I am pleased to be able to once again appear before this committee to continue our discussions of the aspirations and achievements of the Department of Justice.

In response to questions raised by members at my first hearing, I have provided personal letters in which I attempt to respond fully. Also, for the written questions submitted following the hearing, I have provided a consolidated set of responses directed to the chairman and to Senator Thurmond. A few of them are necessarily of an interim nature, and we will provide complete answers as soon

as we can.

My testimony on April 3 summarized many of the positive strides which we feel we have made to date in our fight against drugs and other violent street crime, as well as white collar crime, organized crime, civil rights violations, and environmental and antitrust matters. Rather than repeat what has already been said, permit me briefly to offer a few observations in order to fill the gaps between April 3 and now.

On April 19, I met with the Attorneys General and Ministers of Justice of the members of the Organization of American States at Ixtapa in Mexico, and last week I spoke to United States and Mexican State attorneys general in Santa Fe. The dedication to cooperation I found at these two meetings serves as a shining example to us all.

The drug cartels have very vividly thrown down the gauntlet and, in so doing, have challenged the very idea of democratic government. In the face of this unprecedented aggression, we simply cannot shrink from the battle. International cooperation and renewed dedication to challenging each aspect of the drug trade are essential ingredients in our collective struggle.

At the Ixtapa meeting, I had the opportunity to discuss at length the merits of the United Nations Vienna Convention ratified by this body last winter. The key to this convention is its promise to criminalize worldwide each link in the chain of illicit drug-related activity, from the initial production of drugs to the final laundering of profits. Upon implementation, the Vienna Convention will be an important weapon in our multilateral arsenal against narcoterror

ists.

I am pleased to report that thus far 12 out of the required 20 countries have ratified the treaty, and it is likely to come into force before year's end, greatly enhancing our commitment to the war on drugs.

Our fight against white-collar crime continues aggressively as well. Though they may not come as violent assailants wielding guns or knives, these perpetrators of crime in the suites can cause incalculable damage and leave their victims emotionally harmed, as well as economically destitute.

Since I last appeared before you, Michael Milken, the famed junk bond dealer, has pled guilty to six felony counts, including conspiracy, mail fraud, securities fraud, and tax fraud. The plea agreement requires Milken to pay $200 million in criminal fines and

penalties, plus an additional $400 million to be put into a special restitution fund for civil claimants.

In addition, our Dallas Bank Fraud Task Force continues to add to its list of indictments and convictions in the savings and loan matters, most recently including Woody Lemons, former chairman of Vernon Savings & Loan in Texas, who was sentenced last month to 30 years in prison, plus restitution-the toughest sentence yet in the S&L fraud cases.

Since I last testified, of course, the Nation has celebrated the 20th anniversary of Earth Day-an appropriate time to recall just how much has been accomplished these last 20 years, how much our national conscience has been touched, and yet how much still remains to be done.

It was heartening to see so many people take time to reflect on the importance of maintaining a healthy environment and of balancing delicately the needs of our industrial society against a strong drive to minimize pollution.

The Department of Justice, of course, has long been busy at the task of enforcing our environmental laws against those who would spoil the habitat by improper disposal of hazardous wastes, or who violate standards needed to maintain clean air and water.

Our efforts, however, have never been as vigorous as they are today. Twenty years ago on that first Earth Day, the Department of Justice had only one attorney working on environmental matters. This year, over half of the entire staff of the what is now, since Earth Day 1990, the Environment and Natural Resources Division of the Department, is concentrated on reducing threats to the environment enforcing legal standards, prosecuting environmental profiteers, and coordinating closely with other Federal agencies involved in this area.

In the effort to enforce the civil rights laws, the Hate Crimes Statistics Act, with the support of President Bush, has now been signed into law, and we are preparing implementation guidelines. Five members of the Confederate Hammerskins, who had vandalized Jewish-owned property and assaulted black and Hispanic citizens in Dallas, TX, were sentenced last week to jail terms ranging up to 91⁄2 years in prison.

Moreover, the task force established under the Immigration Reform and Control Act of 1986, chaired by the head of the Civil Rights Division, John Dunne, already has begun its study of the GÃO's recent report on employer discrimination.

Yesterday, the administration submitted its antitrust initiative on joint production ventures. This proposal, which would extend the coverage of the National Cooperative Research Act of 1984, authorizes such ventures where they will achieve pro-competitive efficiencies. It should assist U.S. firms to compete more successfully in the world marketplace, while still protecting American consumers. I hope that the Senate can turn its attention to this area soon.

In conclusion, I would like to note my personal satisfaction with the continuing implementation of one of our key management goals. In the past, as I know from experience both in the field and at headquarters here in Washington, our individual U.S. attorneys and litigating divisions and our various investigative arms have occasionally worked independent of one another.

Today, more than ever before, the individual components that comprise the Department of Justice are working together as a cohesive unit, sharing information and resources, pursuing both civil and criminal remedies together cooperatively. This can be seen clearly in the coordinated activities of the U.S. attorneys, the Criminal, Civil and Tax Divisions, the FBI, along with many other agencies of the United States in investigation and prosecution of savings and loan fraud, in securities fraud investigations alongside the SEC, and all of our components joined in the war on drugs.

The Congress and this committee have been very generous to the Department of Justice, and we hope and expect to continue to justify your assistance and support.

Thank you, Mr. Chairman.

The CHAIRMAN. Thank you, General. Some of us would like to be even more generous, but we will get to that in 1 minute. Senator Heflin.

Senator HEFLIN. General, I realize that you would have to answer this question with certain restraint, but can you give us, in a general way, the progress of the investigation concerning the bombing death of Judge Robert Vance, who was killed by a bomb that he received back before Christmas?

He is from my State, a good friend of mine when he was alive. We are all seriously concerned about this particular instance, and if you could, give us the progress of the investigation?

Attorney General THORNBURG. I would be glad to, Judge Heflin, within the confines that you have referred to that when a pending investigation is in progress, it is sometimes counterproductive and unwise to review in detail the steps that have been taken.

Let me say that the Department of Justice and the FBI and our prosecutors share with you a grave concern over assaults on members of the Federal judiciary. We depend upon the rule in this Nation, and the rule of law is executed and overseen by those men and women who serve as judges in our judicial system.

We have seen, incidentally, in the beleaguered nation of Colombia what can happen to a system and what can happen to the rule of law when intimidation and violence are used against members of the judiciary. Thus, it was with grave concern that we undertook the investigation into the bombing death of Judge Vance and of Attorney Robinson, and of the threats made to other persons by sending these bombs through the mail.

I had the solemn and unsought opportunity to attend Judge Vance's funeral, as you did, and to meet with Ms. Vance and to pledge to her that our efforts to bring this investigation to a successful conclusion would be unrelenting, and it is a top priority for our investigators in the FBI. We have made it probably the single most important domestic criminal investigation now in progress.

Our investigators are confident that they will bring the case to a successful conclusion, but at this point I am not at liberty to go much beyond that in specifics, only to assure you that the FBI and the U.S. Attorneys in the relevant districts are coordinating smoothly, are pursuing every lead and, as I said, are confident that they will ultimately be able to identify and secure appropriate charges and conviction of the individual or individuals involved.

Senator HEFLIN. Well, in a generality, can you tell us whether, in your opinion, progress is being made in this regard?

Attorney General THORNBURGH. I believe substantial progress is being made. I was briefed thoroughly on this matter last week by top officials of the FBI, and they expressed to me, and I accepted their assurance, that a great deal of progress has been made in this investigation.

Senator HEFLIN. All right, sir. Now, of course, this brings up the issue of security for judges, and I have had a number of judges that have raised the issue of security. In some types of cases, there have not been any law enforcement agents available in courts.

I just wonder what surveys has the Marshals Service taken of the chief judges of our courts and of other judges to ask the courts' opinion on what improvements, if any, are needed in courtroom security; that is, in protecting the physical integrity of our trial and appeal judges, court personnel, and the public in general.

Attorney General THORNBURGH. The Marshals Service has worked very closely with the Administrative Office of the Courts in seeking to ensure that appropriate steps are taken to provide security to sitting judges, not only in the 11th circuit, but across the Nation.

Particular attention has been expended in the 11th circuit because of the obvious focal point that derives from the Vance assassination and from the connection established on the public record between cases in the 11th circuit and person or persons involved in those efforts.

This has included not only the allocation of resources from the Marshals Service to the courts, but advice to individual judges as to how, away from their official responsibilities, they can reduce the likelihood of exposing themselves to risk.

In addition, the Senate version of the 1990 supplemental appropriations bill proposes to move $7.5 million from prison salaries and expenses to the Marshals Service for 24-hour-a-day protection for the 11th circuit judges. We have worked on an almost daily basis with Judge Tjoflat to try to meet the concerns that have been expressed from time to time.

But I think it is important to note that dealing with these types of situations, there is no capability to provide 100-percent assurance with respect to the security of these judges. I wish it were otherwise, but I am assured that, working together with the court personnel and our Marshals Service, that every effort to minimize the exposure of these judges to any subsequent attacks is being undertaken.

Senator HEFLIN. We read with interest today in the media what I would probably call the Stinger sting operation, in which some effort was made by alleged drug dealers in Colombia to purchase 120 Stingers, as well as other types of weapons. I congratulate you and the Department in regard to that.

This, of course, causes concern that they could come here to this country. Are there precautions being taken, I mean, nationwide from other potential sources that these Colombian war dealers could be gaining those types of weapons?

Attorney General THORNBURGH. We have been fortunate thus far, Judge Heflin, in being able to thwart the efforts to use sophis

ticated weaponry on behalf of terrorist groups. There is a trial beginning today that involves charges relating to this sophisticated weaponry being sought by members of the Provisional Irish Republican Army.

There has been, as you note, a successful thwarting of the alleged use of these by Colombian drug cartels. But the existence of those successful efforts to frustrate the use of this technology is, I think, frightening in itself because it indicates that the criminal element is on to the use of this sophisticated weaponry in ways that pose a very real threat to all who are involved in law enforcement, in government, and in our institutions.

This raises the level of concern within law enforcement at all levels. And, again, we are on the alert for any recurrence of these types of activities. I might mention as well the superb job of cooperation between the U.S. Customs Service and British authorities with regard to the proposed Iraqi purchase of what is alleged to be devices in connection with nuclear weapons, and the British authorities' seizure of the so-called long gun.

The whole inventory of these types of weapons moving across State lines and international boundaries falls within the jurisdiction of various Federal law enforcement agencies, whose sensitivity to this problem has obviously been greatly raised by the increase in the incidence of these events.

We hope to continue to be alert and continue to be able to frustrate these events before some catastrophe takes place.

Senator HEFLIN. Can you tell

Attorney General THORNBURGH. I might mention one other thing, if I might, in connection with the 11th circuit question. We have currently assigned 64 deputy marshals, including 38 from districts outside the circuit, to this effort. So it is a prime priority in terms of the use of personnel by the Marshals Service.

And I want to correct my comment about the Marshals Service commentary. I said that they were meeting regularly with the Administrative Office of the Courts. That should be with the Committee on Court Security of the Judicial Conference.

The CHAIRMAN. If you could wind up with this question, I would appreciate it.

Senator HEFLIN. All right.

Let me ask you this. Is there available personnel in the Department of Justice for mediation and conciliation relative to disputes which could fall under the category of civil rights?

Attorney General THORNBURGH. Yes, there is, Senator. The Community Relations Service, which was established as part of the original Civil Rights Act, has that responsibility, which it carries out through its regional offices throughout the country.

I met recently with the director of that agency, Grace Flores Hughes, and received from her a report on the multitude of activities that they carry out, mostly out of the public eye, in attempting to deal with the nonlaw enforcement aspects of unrest related to racial, religious, or ethnic prejudice.

They have recently celebrated their 25th anniversary, and have been a very important component of the effort to ensure against harm to persons or communities in racial, ethnic, or religious mat

ters.