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Thank you so much for the ping to the fascinating post about the wall, Richard Scruggs, Mary Lawton and all!

The Downside Legacy notes only two incidents concerning Scruggs - both of which indicate that he was politically minded and the latter, that he was not adept at intelligence work.

Concerning Waco - on October 8, 1993 Richard Scruggs, a friend of Reno and head of Justice Department intelligence division wrote the 350 page after action report; Justice Department said in the report that the FBI and ATF acted responsibly and Koresh was to blame; the report was “The gas delivery systems the FBI used were completely nonincendiary”; to the contrary, the FBI told Justice w/I months of the raid it had used incendiary devices but the information was not made available to Congress or the public; the official reports do not mention the hole in the bunker roof or the involvement of ATF dealings with Special Forces senior officers

2. Mishandling of classified information. Politically motivated lack of prosecution:

THE WASHINGTON TIMES 2/14/00 Bill Gertz “….. The Justice Department did not prosecute the former head of its intelligence division despite his admission to investigators that he disclosed classified information, The Washington Times has learned. Richard Scruggs, a friend of Attorney General Janet Reno's, who brought him to Washington, provided secret information to two reporters about an electronic eavesdropping FBI operation against the Japanese group Aum Shin Rikyo in 1995, according to Justice Department officials familiar with the case. Justice Department officials disclosed some aspects of the investigation into unauthorized disclosure on condition of anonymity. It is the first time information has been disclosed from the secret court set up under the 1979 Foreign Intelligence Surveillance Act. The Justice Department's downplaying of the Scruggs findings is similar to the CIA's limited response to former director John Deutch, who was caught mishandling classified documents but not prosecuted. In both cases, government officials have charged that security infractions were covered up to protect senior personnel……”

THE WASHINGTON TIMES 2/14/00 Bill Gertz “…..Mr. Scruggs also was singled out for criticism in a recent internal Justice Department report on the department's mishandling of the case of fired Los Alamos scientist Wen Ho Lee, who is suspected of passing nuclear weapons secrets to China. The report by Justice official Randy Bellows criticized Mr. Scruggs for his role in setting the department's intelligence policy, including the decision not to seek a court order allowing the FBI to place Mr. Lee under surveillance early in the espionage investigation. One former U.S. government official said Mr. Scruggs' treatment showed the department covered up security infractions by senior officials, but aggressively pursued similar misconduct for lower-ranking officials. Numerous FBI investigations have been ordered by the Justice Department into other leaks of classified information…….. .CIA Director George Tenet, who is in charge of protecting all secrets, was never notified of the leak investigation, the officials said. The committees of Congress with oversight responsibility for the intelligence community also were not informed…..”

An FR thread I just found:

Gorelick addressed her 1995 memo to several different people:

* Mary Jo White, US District Attorney, prosecuting the 1993 WTC bombing terrorists
* Louis Freeh, FBI Director
* Jo Ann Harris, Assistant Attorney General, Criminal Division (DoJ)
* Richard Scruggs, Chief Counsel, Office of Intelligence Policy and Review

This last addressee makes the connection to the Department of Defense that the Gorelick defenders claim didn't exist. As Tate points out and as the OIPR website makes clear, the DoD looked to the OIPR for legal opinions on anything having to do with the legality of their operations, especially in regard to those involving domestic targets:

The Office of Intelligence Policy and Review, under the direction of the Counsel for Intelligence Policy, is responsible for advising the Attorney General on all matters relating to the national security activities of the United States. The Office prepares and files all applications for electronic surveillance and physical search under the Foreign Intelligence Surveillance Act of 1978, assists Government agencies by providing legal advice on matters of national security law and policy, and represents the Department of Justice on variety of interagency committees such as the National Counterintelligence Policy Board. The Office also comments on and coordinates other agencies' views regarding proposed legislation affecting intelligence matters.

The Office serves as adviser to the Attorney General and various client agencies, including the Central Intelligence Agency, the Federal Bureau of Investigation, and the Defense and State Departments, concerning questions of law, regulation, and guidelines as well as the legality of domestic and overseas intelligence operations.

The inclusion of Richard Scruggs, the lead counsel at the OIPR, intended to send the message that any advice given to the DoD, CIA, and State regarding the sharing of files had better fall in line with her new stated policy of going "beyond the law" to avoid any appearance of impropriety. Given that Gorelick held a high-profile position within Justice as a political appointee of Bill Clinton, this policy would rightly get attention as an official directive of the President's wishes. The one office that all of these intelligence agencies would consult in terms of sharing and coordination between themselves and law-enforcement operations would therefore have advised all agencies to follow the Gorelick Wall as a standard and as White House policy.

Given that kind of connection, it doesn't take much imagination to understand why all of these agencies became shy about even attempting to stretch the limits of the Gorelick policy.

The notion that Gorelick's memo had no effect outside the DoJ does not stand up to scrutiny at all, once the fact and intent of including Scruggs and the OIPR become known. This shows why Mary Jo White objected so strenuously to this memo and its implementation, and why she went out of her way to antagonize her bosses at the DoJ with a second and more heated memo predicting, correctly, that such a policy would leave America unprotected against the very people she had just successfully prosecuted.

The Gorelick Wall Encompassed Defense, CIA, And State