A Review of the FBI's Response to John Roberts' Statements on 60 Minutes

February 2003
Office of the Inspector General

ATTACHMENT 2

	U.S. Department of Justice Federal Bureau of Investigation
	Washington. D. C. 20535 October 8, 2002

VIA TELECOPY
202/342-6980

Stephen M. Kohn
Kohn, Kohn & Colapinto
3233 P Street, N.W.
Washington, D.C. 20007-2756

    Re: Request from 60 Minutes to Interview Special Agent John E. Roberts

Dear Mr. Kohn:

This is in response to correspondence from your office dated October 4, 2002, indicating that, based upon your advice, Special Agent John E. Roberts will be interviewed by 60 Minutes. We understand Mr. Roberts will be asked to address general issues regarding FBI culture and will not be asked to comment upon confidential FBI matters or open and pending investigations.

As you know, your client executed an employment agreement when he entered on duty with the FBI that applies to the disclosure of official FBI information. That agreement prohibits disclosure (without prior approval from the Director or his delegate) of information obtained in an employee's official capacity concerning the following:

• Information protected from agency disclosure by the Privacy Act;

• Information that is classified or the disclosure of which could otherwise harm national security;

• Information that reveals sensitive law enforcement, intelligence, or counter-intelligence techniques, sources or methods; or that reveals the sensitive, confidential, or proprietary techniques, sources, or methods of other agencies or governmental entities;

• Information that would reveal grand jury material protected from disclosure by Rule 6(e) of the Federal Rules of Criminal Procedure;

• Information that would reveal the identity of a confidential source or informant;

• Information that relates to any sensitive operational details or the merits of any ongoing or open investigation, inquest, probe, prosecution, appeal, or case;

• Information that consists of the proprietary information of another, including trade secrets;

• Information pertaining to wiretaps or intercepts protected or regulated by Title III (18 V.S.C. §§ 2510-2520);

• Information pertaining to currency transaction reports regulated or protected by 31 U.S.C. § 5319;

• Tax return information regulated or protected by 26 U.S.C. § 6103

• Information protected from disclosure by any other Federal statute or regulation; and,

• Information exempt from disclosure under the Freedom of Information Act (5 U.S.C. § 552) unless the material is clearly already in the public domain.

Your client, therefore, may be interviewed as long as he complies with the above- noted restrictions. Any request for further information should be respectfully declined.

Sincerely, [signed] Michael P. Kortan Section Chief, Public Affairs Section Office of Public and Congressional Affairs

1 - John E. Roberts
Unit Chief, Internal Investigative Unit II
Office of Professional Responsibility
Federal Bureau of Investigation

1 - Robert J. Jordan
Assistant Director
Office of Professional Responsibility
Federal Bureau of Investigation