FBI official denies uneven discipline

WASHINGTON -- The supervisor picked by FBI Director Robert Mueller to oversee internal discipline told senators he was unaware of any recent cases of light punishment for supervisors, even though a subordinate informed him of one such instance two months earlier, documents show.

One senator is questioning whether Robert Jordan, head of the FBI's Office of Professional Responsibility, tried to mislead Congress. Also, the FBI says the Justice Department's internal watchdog is investigating.

Jordan was questioned by three senators privately in December after a subordinate, John Roberts, alleged on CBS' "60 Minutes" that FBI supervisors received lighter discipline than field agents.

In a Dec. 11 meeting with three members of the Senate Judiciary Committee, which oversees the FBI, Jordan was asked repeatedly if Roberts ever told him of specific cases in which disciplined employees were promoted or escaped punishment, according to a transcript obtained by The Associated Press.

"So he (Roberts) had nobody that he referred to subsequent to 9-11, the people involved in misconduct who were not reprimanded?" Sen. Patrick Leahy, D-Vt., asked

"He didn't tell me that, sir," Jordan answered.

Nothing 'substantive'

At another point in the interview, Leahy reminded Jordan that he spoke with Roberts just after the CBS interview, and again asked Jordan whether his subordinate had any recent examples of unfair discipline.

"He didn't have anything substantive to say about cases," Jordan responded.

But in a memo to Jordan two months before he was questioned by the senators, Roberts cited separate internal investigations of two FBI employees: a special agent in charge of a field office and a line agent in a different office.

Both agents were investigated for making inappropriate sexual and racial remarks. The manager received nondisciplinary counseling, while the line agent was punished with a letter of censure that could jeopardize chances for promotion.

The manager made inappropriate remarks several times in the presence of FBI employees and nonemployees, while the agent made inappropriate remarks once, only to FBI employees, according to Senate investigators.

"Bob, I think we are causing OPR unnecessary problems," said the memo obtained by the AP. "If you check the (name deleted) case you will find his actions more egregious than the attached SA's (special agent's) actions. (name deleted) gets counseling and the SA gets a letter. It just does not make sense and we are leaving OPR open to criticism. We have to fix this. Your thoughts?"

Besides the memo, Roberts told inspector general investigators he raised the issue twice more in meetings with Jordan after the broadcast. Jordan told the investigators he did not recall the discussions but remembered that Roberts had sent him the memo. W. Wilson Lowery, the FBI's executive assistant director for administration, attended the first meeting and said he did not recall a discussion of the supervisor's discipline.

Jordan never mentioned the memo to the senators. He told the inspector general's investigation that he believed the cases cited already were "a done deal," and he believed the field agent's comments were more egregious than the supervisor's remarks.

Jordan and other FBI officials declined requests for interviews last week. FBI spokeswoman Susan Dryden said she could not comment on Jordan's interview with the senators because Jordan's allegations are under review by the inspector general, the Justice Department's internal watchdog.

Sen. Charles Grassley, R-Iowa, one of the senators at the Jordan interview, told The Associated Press, "I have real concerns about whether Jordan was completely forthcoming during his interview."

Leahy said he believes Roberts has consistently told the truth but would not comment on Jordan's veracity. The office of Sen. Orrin Hatch, R-Utah, the third senator who attended the interview, did not respond to a request for comment.

Inspector General Glenn Fine concluded last week that Jordan exercised poor judgment after the broadcast by denying Roberts a promotion and leaving the impression the subordinate would suffer consequences. The separate investigation of Roberts' allegations on FBI discipline continues.

------

On the Net: Inspector General's report: http://www.usdoj.gov/oig/special/2003(underscore)02/report.pdf