FBI to Remind Employees of Press Freedom Laws

By: Pete Yost, Associated Press Writer (AP) The FBI has criticized several of its employees for not seeking advice from bureau managers before handling material that had been seized while being mailed between two Associated Press reporters.

In an administrative inquiry, the FBI's Office of Professional Responsibility found the employees showed "less than prudent judgment." It recommended that that conclusion be considered in evaluating their job performances, says a May 27 letter by acting FBI General Counsel Patrick Kelley to the AP.

The agency is drafting a communication to remind bureau employees of the sensitivities involved and the importance of seeking legal advice when operations may involve the laws governing freedom of the press, the letter says.

The seizure of the package between two reporters "appears to have been an isolated incident," the letter added. "We intend that this additional guidance will clarify our responsibilities should such a situation arise again in the future."

Flown via Federal Express last September from AP reporter Jim Gomez in the Philippines to Washington AP reporter John Solomon, the package containing an FBI lab report was intercepted in Indianapolis by the Customs Service, which has the legal right to examine materials sent from overseas at the point they arrive in the United States. Customs said the package had been selected for routine inspection.

The package was sent to the FBI in Washington after an FBI agent reviewed the document and said it contained some information that should not be made public.

In January, the AP was tipped that the package had been intercepted.

The lab report, which had been discussed in open court in two legal cases, dealt with materials seized from an apartment in the Philippines rented by convicted terrorist Ramzi Yousef.

David Tomlin, assistant to AP President and CEO Tom Curley, said Wednesday, "We're glad the FBI was willing to undertake this review, but we still have questions about this matter and others involving government conduct toward members of the news media. We're hoping for a chance to explore them further with the appropriate authorities."

The FBI letter said, "We look forward to continued dialogue."

Bill Anthony, spokesman for the Bureau of Customs and Border Protection, said its agents acted properly in looking at the contents of the package and in turning them over to the FBI.