1 1 2 3 4 5 6 7 8 ADDRESS TO NATIONAL SHERIFFS' ASSOCIATION 9 U.S. ATTORNEY GENERAL JANET RENO 10 11 12 13 14 15 16 Oregon Convention Center 17 Portland, Oregon 18 June 16, 1996 19 6:00 PM 20 21 22 23 24 25 2 1 MS. RENO: Senator Ashcroft, Sheriffs 2 Pierpont and Hathaway, I thank you very, very 3 much. I appreciate the opportunity to be here 4 again, because my first job was in the sheriff's 5 office, and when I think back what it was like 6 in the summer of 1956, and when I think of what 7 it's like today, I just have a profound 8 admiration for the sheriffs of this nation and 9 the challenges they face. 10 Senator, I really look forward to 11 working with you, because as you and I pointed 12 it out to each other, attorneys general and 13 prosecutors have so much in common, and I think 14 we can work together in so many different ways. 15 I come to these meetings because I 16 want to be accountable to you. I want to hear 17 from the sheriffs about what we're doing right 18 and what we're doing wrong. 19 When a sheriff just told me we had a 20 great working relationship, but my fellow who 21 did so much wonderful work didn't get the credit 22 for a long time, and I want to make sure the 23 sheriffs and the deputies get the credit and 24 that we don't do things based on turf or who 25 gets the credit. 3 1 I come to these meetings because I 2 want to share with you and find out how we can 3 be more effective in Washington, and even 4 between meetings it has been so important for me 5 to work with you on a continuing basis. 6 Bud Meeks, your executive director, 7 has been a tenacious advocate for the sheriffs 8 of this country. He and I don't always agree, 9 but one thing I know about Bud Meeks, is his 10 advice is straight, it's accurate, and I know I 11 can trust him from the word go, and I just want 12 you to know. 13 Bud has been a leading member of an 14 asset forfeiture working group that the 15 Department of Justice organized, and he has been 16 invaluable in that effort. We are committed to 17 working with you on asset forfeiture. You and I 18 agree that it plays such an important role in 19 funding task forces and encouraging cooperation 20 between the federal government and state and 21 local law enforcement. 22 The department recently lowered the 23 monetary thresholds for processing of -- for 24 federal processing of local seizures and it has 25 created additional flexibility for U.S. 4 1 attorneys to work with state and local officials 2 to choose appropriate thresholds. 3 In addition, the department is ready 4 to send up to Congress legislation which will, 5 among other things, solve some of the problems 6 which court decisions have created in the area 7 of asset forfeiture. NSA has played a pivotal 8 role in the development of this legislation. I 9 want to thank you and I look forward to working 10 with you in securing passage. 11 Mr. President, I want to thank you. 12 I've enjoyed this opportunity to work 13 together with you this year, and I congratulate 14 you on a great year. And Sheriff Hathaway, 15 we've come a long way, but we've got a lot more 16 to do and I look forward to working with you in 17 the coming year. 18 We want to continue to forge a strong 19 partnership with sheriffs across the country. I 20 came to Washington remembering what it was like 21 when the feds came to town to tell us what to 22 do, or to take a case that we had worked on for 23 a long time and they got all the credit. And I 24 wanted, with all my heart, to form a partnership 25 where we sat down with the sheriffs, the chief 5 1 of police, the local prosecutor, and decided 2 what was in the best interests of the community 3 and the case, and not who was going to get the 4 credit. And I'm going to continue to do that in 5 every way I can. 6 There are times when you, as local 7 officials, will ask for federal government 8 assistance, whether it's in cracking down a 9 fugitive who's fled the country; providing 10 technical assistance in complex and high tech 11 investigations; or assisting in the resolution 12 of hostage or barricade situations. 13 And then there are times you'd like us 14 to leave you alone. We need to learn from our 15 experiences together, relying on your local 16 knowledge, and together decide the best course 17 for justifying and justly enforce the laws of 18 this country. 19 We can do it. And if we don't do it, 20 my telephone number is (202) 514-2002, and as 21 the sheriffs will tell you, I do return my phone 22 calls. 23 Senator Ashcroft pointed out that 24 we've got to be careful that our partnership and 25 the very principles of federalism are threatened 6 1 if too many crimes are federalized that have 2 been traditionally and historically prosecuted 3 at the local level. 4 And yet there are other occasions when 5 it's very important for the federal government 6 to be involved, because there are matters that 7 cross state lines, there are other instances in 8 which the sheriffs will say, yes, we'd like you 9 to take that case, we'd like to work with you 10 and our deputies will work with you. 11 Nothing was more frustrating to me as 12 the county prosecutor, than not to have that 13 opportunity to talk it out and figure out what 14 was in the best interests of the case. And 15 we're going to do everything we can to continue 16 to work with you to ensure that cases are 17 handled based on the principles of federalism 18 and what is in the best interests of the case. 19 We also want to remember something 20 that is very important in Washington, when 21 people start thinking about the crime problem, 22 and that is, the wonderful, wonderful space of 23 America, the rural areas, the small counties, 24 the places where there are maybe one or just two 25 deputy sheriffs. 7 1 Most of you serve communities with far 2 fewer than 100,000 people. My job is to do all 3 I can to make sure that we forge a strong 4 partnership and provide appropriate federal 5 tools and processes, not just to big counties, 6 but to all counties and to all sheriffs across 7 this country. 8 One of the points we must not forget, 9 is that violent crime isn't confined to the 10 cities any more. Planes, trains, buses and 11 automobiles, all mean that we can get almost 12 anywhere we want in this country in a matter of 13 hours. That's a wonderful benefit for a child 14 in a small town who needs surgery in a major 15 city hospital, but it also means that gang 16 members from large cities can be in your areas 17 in no time flat. 18 While gangs had almost exclusively 19 been the problem of big city chiefs ten years 20 ago, many of you are now struggling with the 21 problem of gangs in your communities as they 22 spill over to rural areas. 23 What we have tried to do is to 24 organize the federal agencies with local law 25 enforcement so that we work with you in 8 1 exchanging information about gangs and other 2 types of violent crime affecting our youth, therefore 3 we can develop the investigation in the right 4 way. 5 And there have been so many 6 coordinated efforts where state and federal 7 investigators, where local deputies and FBI 8 agents, have worked together in such an 9 effective arrangement, where local prosecutors 10 have had their prosecutors cross designated as 11 assistant United States attorneys, or vice 12 versa. 13 And what we have been able to do is to 14 focus on these gangs and take them out in an 15 effective way. Sometimes the prosecution will 16 be in federal court because we can get more 17 time; sometimes it will be in state court 18 because that can be a more effective 19 opportunity. But what we want to try to do is 20 to make sure that we consult with the local 21 sheriff and do what's in the best interests of 22 the community. 23 The Department of Justice is helping 24 sheriffs to identify gangs and to learn about 25 techniques to better investigate and prosecute 9 1 them. We're working to find better ways for law 2 enforcement to share information on violent gang 3 offenders. 4 We want to work together to improve 5 and modernize criminal recordkeeping systems and 6 gang tracking software. We need to explore how 7 to achieve a common sense approach to youth 8 violence, which says there's no excuse for 9 putting a gun up beside somebody's head and 10 hurting them, you're going to face a certain, 11 fair punishment that fits the crime, but at the 12 same time we work together to give those young 13 people, who haven't gotten into trouble yet, the 14 chance for a strong and positive future. 15 But one thing is clear, and as head of 16 the juvenile division of the state attorney's 17 office, before I became the state attorney, the 18 overwhelming majority of juvenile cases in this 19 country have been and will be investigated and 20 prosecuted by state, county and local officials, 21 and from what the sheriffs tell me, they don't 22 want it any other way, because that's too much 23 federalization if we did do too much the other 24 way. 25 However, we are seeing cases in which 10 1 gangs cross state lines, where we can be 2 effective in supporting you, and again, we want 3 to work with you in every way possible. 4 You have been so helpful to us in 5 giving us insight in terms of legislation and 6 how legislation should be crafted. I have been 7 indebted to you for the thoughtfulness and the 8 fact that you will point out that there are some 9 jurisdictions which have different points of 10 view because there are different circumstances. 11 In this regard, it is important that 12 we work together as Congress addresses the issue 13 of the reauthorization of the office of Juvenile 14 Justice and Delinquency Prevention, or JJ, and 15 not turn it into a series of block grant 16 programs. I've directed the office of justice 17 programs to work with the sheriffs on reducing 18 mandates and other requirements which have 19 accumulated over the years relating to 20 juveniles, which have caused the sheriffs of 21 this country concern. 22 Perhaps more than any other group of 23 law enforcement officers, sheriffs understand 24 the importance of correctional facilities and 25 how they should be designed and the processes 11 1 that should be involved in their operation. And 2 because many of you police rural areas, you 3 understand that it is often difficult to stay 4 within the mandates for housing juvenile 5 offenders. 6 We need to remember that young people 7 are a special problem, but we've got to be 8 flexible, we've got to be realistic, and we've 9 got to take into account the great distances you 10 have to travel in getting young people into 11 detention facilities. 12 Senator, although we may not agree on 13 everything, but I think we probably agree on 14 most things, I think we do agree, absolutely, 15 that it is extraordinarily important to consult 16 with sheriffs and with people who are on the 17 front line of law enforcement, and I look 18 forward to working with you in that effort. 19 To meet the threat from growing crime 20 in rural areas, though, we've done everything we 21 could to put more law enforcement officers on 22 the streets of this country, not just in the big 23 cities, but in the little towns, in the rural 24 counties. 25 President Clinton pledged to put 12 1 100,000 new community police officers on our 2 streets. He made that pledge and he signed the 3 Crime Act into law on September 13th, 1994. 4 Since then, we've funded over 44,000 5 federal, local enforcement officers across the 6 country. That's pretty remarkable, considering 7 this is a six-year program. The Justice 8 Department has provided almost 280 million 9 dollars to sheriffs' offices, which will be used 10 to hire and deploy 5,038 deputy sheriffs in 11 1,375 sheriffs' departments across the country. 12 We fought together to keep full 13 funding for the COPS program this year. It was 14 a long, tough fight and we didn't get all that 15 we wanted. The Crime Act had authorized 1.9 16 billion dollars this year and we got 1.4 17 billion. The remaining 500 million has gone 18 into a new block grant program, which will go 19 primarily to the larger cities, primarily at the 20 expense of the smaller cities and towns and 21 counties controlled by sheriffs' departments. 22 Any way you cut it, the block grant took a bite 23 out of COPS at your expense. 24 For instance, here in Oregon, as we 25 figured, the City of Portland will receive 1.8 13 1 million dollars under the block grant program; 2 however, the county will only receive 3 approximately 71,000. In California, the City 4 of Los Angeles will receive over 17 million; the 5 county will receive only three million. 6 We need to work together on these 7 problems, work together with Congress to make 8 sure that when we distribute federal monies, we 9 remember the whole nation and do it as 10 effectively and fairly as possible. 11 But as we continue with the COPS 12 program, we need to continue the collaboration 13 that began in the designing of the program. We 14 need to collaborate in developing monitoring 15 systems to ensure that the grants are spent the 16 right way. 17 It has been so impressive for me to 18 see how law enforcement across this land has 19 responded, and we owe it to ourselves and to the 20 American public, that this money be -- to ensure 21 that this money be well spent and used for the 22 purposes for which it was intended. 23 If we make a grant to hire two new 24 deputies, we expect the department to grow by 25 two officers, and not to cancel the grant out by 14 1 two retirements. Working together, I think we 2 can come up with standards that people accept, 3 appreciate, and they will understand it better 4 if they know we have reached out to the sheriffs 5 to involve them in designing the process in 6 which they have confidence. 7 But it is not just more resources. 8 That is not enough in this day and time. 9 Emerging technology shrinks the global village, 10 as well. New technology means that a student at 11 a rural high school can tour a museum with the 12 great masterpieces of the Renaissance on the 13 Internet. It means that a doctor with a sick 14 child as a patient can tap into a data base from 15 a laptop hooked up to a cellular telephone in 16 his car. 17 Unfortunately, it also means that a 18 sophisticated white collar criminal, halfway 19 around the world, can likely access the records 20 at a local rural bank, which has never even 21 needed a guard. We need to make sure that you 22 can meet the technological challenges of the 23 21st century, as they impact on the criminal 24 justice system through additional technological 25 tools. 15 1 We need to meet the future with a 2 criminal justice structure which benefits from, 3 and does not suffer from, the latest 4 technology. Not too many years ago, 5 surveillance meant hiding behind the curtain to 6 listen to a conversation, and not too many years 7 ago, long distance phone calls had to be 8 scheduled in advance through the operator. 9 Nobody could have dreamed of a day 10 when a microphone and a camera were no larger 11 than a pin head; nobody thought about direct 12 dial; and certainly nobody thought about the 13 Internet. 14 Today, when those things are a reality 15 and unbelievable technologies are on the near 16 horizon, we need to ensure that the criminal 17 justice system can accommodate the explosion in 18 cyberspace. We need to work together with the 19 state attorneys general, and all involved, to be 20 able to respond to consumer fraud on the 21 Internet; to respond to so many different 22 problems that we will face on the Internet. 23 Why is this a problem? Just think 24 about the hacker in St. Petersburg, Russia, who 25 can access a bank and steal from a bank here in 16 1 the United States. We have got to be prepared. 2 First let me suggest that the very 3 technologies upon which we routinely depend are 4 important, they are particularly valuable to 5 those in rural law enforcement, but 6 unfortunately, the criminal elements have been 7 the beneficiaries, as well. 8 Where once upon a time if a criminal 9 didn't live in a town, he wasn't a threat, now 10 you're at his mercy. Key among our concerns is 11 the challenge to law enforcement posed by the 12 ever increasing availability and use of data 13 encryption products. 14 On one hand, encryption is extremely 15 beneficial when used legitimately to protect 16 commercially-sensitive information and 17 communications. On the other hand, the 18 potential use of such encryption products by a 19 vast array of criminals to conceal their 20 criminal communications and information from law 21 enforcement, poses an extremely serious threat 22 to public safety. 23 Consider the value of books and 24 records of a drug dealer that your deputy seizes 25 in a routine search warrant execution. How many 17 1 times have you gone to break up an entire 2 organization based on one simple address book? 3 I've seen it be done. 4 Well, if those records are kept on a 5 hard drive of a computer, which can be purchased 6 for less than $1,000, and if the hard drive has 7 a new encryption technology, it would take a 30 8 million dollar computer one year and 87 days, on 9 the average, to decode just one single message 10 with 56 bit encryption. 11 Following a lawful court order, law 12 enforcement needs the ability to decode 13 encrypted products containing critical evidence 14 in realtime. It won't help to send it off to 15 Washington and have it come back from 16 Washington, that's not how you catch the drug 17 dealer. 18 If law enforcement cannot break the 19 codes, our public safety mission will be 20 seriously threatened, but it is important for 21 sheriffs to point out to the naysayers, that we 22 are not trying to expand our ability to surveil 23 people, we're trying to maintain our present 24 posture where we go to court, get a court order, 25 get a search warrant and we do it the right 18 1 way. 2 But a search warrant won't be worth 3 the paper it's written on if we can't effect 4 search because the thing has been coded. Let us 5 make sure that people understand that and don't 6 think that we are trying to expand our powers. 7 For there are very legitimate privacy concerns. 8 I also want to tell you how much I 9 appreciate what you have done and to -- in the 10 whole area concerning the radio spectrum. I 11 want to assure you, and I work on this 12 regularly, we have bi-weekly meetings with the 13 FBI, the Deputy Attorney General and I are very 14 committed to making sure that the spectrum is 15 not sold off without provisions for the need of 16 law enforcement. 17 New technology is great, it's 18 sufficient, but it's expensive. We estimate 19 that if the FBI's forced to migrate to a new 20 spectrum and change over every radio as a 21 result, the cost could approach one million 22 dollars. That cost estimate includes just the 23 FBI and not the rest of federal law enforcement 24 or anybody in state or local law enforcement. 25 Many of you have expressed concerns 19 1 that appropriate space on the spectrum be 2 dedicated for law enforcement. I'm pleased that 3 the FCC and the National Telecommunications and 4 Information Administration have formed the 5 Public Safety Wireless Advisory Committee, to 6 advise them in determining the needs of law 7 enforcement and public safety agencies through 8 the year 2010; yet, we need to be vigilant to 9 protect the interests of law enforcement. 10 I look forward to continuing to work 11 with you in these months to come, to do 12 everything we can to continue to build on our 13 partnership, to make sure that the wrongdoers 14 are brought to justice, and that we work 15 together to give law enforcement the tools to do 16 the job. 17 I've been in office almost three and a 18 half years now. I've had a chance to watch law 19 enforcement in action across this nation, 20 deputies and police officers and troopers. I've 21 watched as they've negotiated tense situations, 22 upholding the rule of law in a firm and fair 23 fashion without injuring anyone. 24 I've seen them put their life on the 25 line; I've held their survivors on my shoulders; 20 1 I have watched as they have mentored young 2 people; I have watched as they have sent the 3 wrongdoers off to prison for the sentence they 4 deserved; I've watched them break the cycle of 5 domestic violence; I've watched them grapple 6 with 21st technologies. 7 I am so proud to work with the law 8 enforcement officers across this land, to serve 9 and to protect the people of this country, and 10 to uphold the rule of law. 11 (Proceedings concluded) 12 13 14 15 16 17 18 19 20 21 22 23 24 25 21 1 STATE OF OREGON ) 2 County of Multnomah ) ss. 3 4 I, Catherine Teach-Schmitz, a Certified 5 Shorthand Reporter for the State of Oregon, do 6 hereby certify that I reported in stenotype the 7 proceedings had of this matter previously 8 captioned herein; that I thereafter reduced my 9 said stenotype notes to typewriting; and that 10 the foregoing transcript, pages 1 to 20, both 11 inclusive, constitutes a full, true and accurate 12 record of all proceedings had upon the said 13 matter, and of the whole thereof. 14 Witness my hand as Certified Shorthand 15 Reporter this 18th day of June, 1996. 16 17 18 19 Catherine Teach-Schmitz 20 Certified Shorthand Reporter 21 My commission expires: 2/15/98 22 23 24 25