Reno Orders FBI Inquiry Into Use of Files

Taking on a politically charged mission, Atty. Gen. Janet Reno on Tuesday ordered the FBI to conduct “a complete and thorough investigation” of how the White House improperly obtained 408 FBI background files on top-level Republicans and others.

FBI General Counsel Howard Shapiro will head the inquiry, which he described late Tuesday as a “preliminary criminal investigation” to determine whether to close the matter or to launch a full investigation that could include a grand jury. Under Justice Department guidelines, the preliminary review could last up to 90 days.

Reno’s order, met by immediate Republican criticism, came after Whitewater independent counsel Kenneth W. Starr told her that he lacked jurisdiction to investigate the matter.

The file controversy stemmed from information uncovered during a House committee’s investigation into First Lady Hillary Rodham Clinton’s possible role in the firing of White House travel office workers, an aspect Starr is investigating.

But Starr presumably concluded that his mandate to look into one aspect of the travel office firings did not extend to determining if laws were broken when White House workers obtained hundreds of background summaries involving former officials and employees no longer connected to the White House.

The White House has said that its request for the files was a bureaucratic blunder committed when employees used outdated Secret Service lists to update files on officials and workers who had security clearances.

Shapiro already has conducted an inquiry into the FBI’s role in supplying the files to the White House. But that review did not extend into the White House because Starr said that it would interfere with his own inquiry into the travel office controversy.

In a statement Tuesday, the Justice Department said Starr’s office has now decided that its investigation would not be impeded if another “appropriate investigative or prosecutorial office” took up the case.

Reno’s decision to turn to the FBI immediately drew criticism that the bureau might have a conflict because it was involved in the case.

“With all due respect to [FBI Director] Louis Freeh, the FBI is deeply involved in the White House’s apparent abuse of personnel files and possible violations of the Privacy Act,” Rep. John A. Boehner (R-Ohio) said in a statement.

Boehner, chairman of the House Republican Conference, added: “The American people must be assured that a thorough, credible and independent investigation is conducted into this abuse of power. This administration has proven itself incapable of such an investigation.”

Rep. William F. Clinger (R-Pa.), chairman of the House Government Reform and Oversight Committee, said that “the onus is on the FBI to prove they can resist political pressure from the White House and the Justice Department and conduct a thorough and comprehensive investigation.”

At the same time, Clinger spokesman Ed Amorosi said that Reno had little choice but to investigate. With the current level of public pressure to get to the bottom of the issue, “she bowed to reality,” Amorosi said.

Reno’s announcement came as Clinger’s committee prepared to begin taking the first congressional testimony on the FBI file controversy.

The committee is to hear today from Jane Dannenhauer, head of the office during the Reagan and Bush administrations, and Nancy Gemmell, a former subordinate of Dannenhauer. Four past White House officials also are to testify today.

One focus of the committee’s inquiry will be whether the White House used volunteers in the Office of Personnel Security. One Republican administration official claimed to have witnessed the use of volunteers in the office, in a way that the official believed could have led to security breaches.

“It was a big mistake,” this official said. “They didn’t have [proper] clearance.”

White House officials said that they have not been able to confirm or deny such contentions. “We’re still trying to sort it out in a way that’s definitive,” said Mark D. Fabiani, special associate White House counsel.

White House volunteers, who are primarily senior citizens, are required to undergo background security clearances, including drug tests. But they are excluded from high-security zones, such as the National Security Council, officials said.

White House officials expected an announcement, perhaps as early as today, on the choice of a new head for the Office of Personnel Security.