Hispanic Federal Officers Want "Bully" Agents Investigated for Intimidation of Bill Conroy

There are, apparently, still many people working for the United States government who respect democracy and press freedom. As we have reported here, journalist Bill Conroy has been recently pursued by customs agents from the Department of Homeland Security demanding he give up his source for a leaked internal memo. The Federal Hispanic Law Enforcement Officers Association (FHLEOA) has now sent a letter to that department’s head, as well as other top law enforcement and security officials in the Bush administration, defending Conroy and requesting an investigation into those agents’ actions. “For doing his job well as an investigative reporter, for the benefit of the entire nation,” writes FHLEOA President Sandalio Gonzalez, “Mr. Conroy has now been targeted for retaliation by DHS bureaucrats in what can only be described as a blatant display of bully tactics, intimidation, and abuse of authority that threaten the freedoms all Americans hold dear.”

The letter is also posted on FHLEOA’s website. FHLEOA is a multi-agency coalition of current and former federal agents. The full text of the letter:

June 3, 2005

The Honorable Richard L. Skinner
Acting Inspector General
Department of Homeland Security (DHS)
Washington, D.C. 20528

Dear Mr. Skinner:

I am writing on behalf of the Federal Hispanic Law Enforcement Officers Association (FHLEOA) to respectfully request an investigation of the Office of Professional Responsibility (OPR) of the Bureau of Immigration and Customs Enforcement (ICE) for the questionable actions taken by ICE OPR Special Agents regarding Mr. Bill Conroy, an investigative reporter and editor of the San Antonio Business Journal. Their actions appear to have been undertaken as retaliation against Mr. Conroy for his reporting of ICE wrong doing.

As all federal agents must do, the ICE OPR agents swore to “support and defend the Constitution of the United States against all enemies.”  However they have violated Mr. Conroy’s constitutionally protected freedom of speech.  Mr. Conroy has done an outstanding job of truthfully reporting alleged misconduct in the DHS, and ICE in particular.  Specifically, he has covered extensively the federal discrimination class action lawsuit filed against the former U.S. Customs Service, which is currently being litigated in U.S. District Court in Washington, D.C.

We believe there are a number of questions that must be answered in this matter such as who authorized the agents to contact Mr. Conroy’s spouse and his immediate superior at the San Antonio Business Journal. Also, what are the motives behind these disturbing actions by government agents? Were these agents trying to send a message to DHS employees in order to intimidate them into not reporting misconduct and waste, fraud and abuse in the government?

For doing his job well as an investigative reporter, for the benefit of the entire nation, Mr. Conroy has now been targeted for retaliation by DHS bureaucrats in what can only be described as a blatant display of bully tactics, intimidation, and abuse of authority that threaten the freedoms all Americans hold dear. It can be argued that these agents and their superiors have now become domestic enemies of the Constitution they have sworn to protect. In reviewing the attached articles by Al Giordano dated May 24, 2005, and by Conroy himself dated April 7, 2005, our Board of Directors has concluded that the ultimate objective of the OPR “interview” of Mr. Conroy was to obtain the names of the federal employees who made protected whistleblower disclosures to the press, to intimidate Mr. Conroy and his family, and to get him fired from his job with the San Antonio Business Journal. These actions are reprehensible to say the least.

As federal law enforcement officers we are well aware that prior to conducting investigations or interviews of members of the press such as Mr. Conroy, a series of approvals must be obtained from the investigative agency’s headquarters as well as from the United States Attorney. These policies are in place with almost every federal agency because of the sensitivities involved, which include constitutional issues dealing with our basic freedoms such as freedom of speech.

We note that the DHS discontinued its requirement that department employees sign a secrecy pledge prohibiting them from sharing sensitive but unclassified information with the public. According to the agreement, any information that could compromise the privacy of individuals or "adversely affect the national interest or conduct of federal programs" was considered sensitive, according to New York Times (01/18/05).  Prior to this policy change, violators risked administrative, disciplinary, criminal and civil penalties. One provision required signers to consent to government inspections "at any time or place" to ensure compliance.  In the instant case, the OPR agents described the document in question as being non-classified.

Finally, as I’m sure you know, protected disclosures reported to you, or to any authorized recipient, fall under the Federal Employee Protection of Disclosures Act (Bill # S.494) which amended the Homeland Security Act of 2002.  I ask that you direct DHS supervisors and management officials to obey the law and stop retaliating against employees for making protected disclosures.  By exercising caution and common sense when dealing with employees, and by taking appropriate steps to eliminate the potential for retaliatory conduct, your organization can effectively reduce the risk of lawsuits and damages.

Thank you for your time, and know that you have our sincere best wishes for success in what we all know is a difficult but very important position.

Sincerely,

Sandalio Gonzalez
National President

cc: The Honorable Michael Chertoff, Secretary of Homeland Security

    The Honorable Alberto Gonzales, Attorney General

    The Honorable Senator Chuck Grassley