Home > The Secrecy File > Archives > 2008 > February > 26 > Entry
Secret Service official defends search for documents
A senior U.S. Secret Service official testified today that he thoroughly searched Director Mark Sullivan’s suite of offices for documents related to the promotion of African American agents.
Those documents are sought in a long-running civil lawsuit alleging that the Secret Service routinely discriminated against black agents by favoring white agents for promotion and creating a “racially hostile” atmosphere where the use of the word “nigger” was used on the job and blacks were tapped for going undercover because it was assumed they “spoke the language of the street.”
Faron Paramore, the special agent in charge of the director’s office at headquarters, said he took a request for documents related to the promotion of agents seriously but that he was unable to recover a single document during his search.
Paramore testified that he personally checked more than 200 files in Sullivan’s office as well as nearly 200 files stored in the deputy director’s office; the desks of two administrative assistants; the storage areas; the office safe and the kitchen in search relevant documents.
“I individually reviewed each document, each piece of paper,” said Paramore under questioning from Assistant U.S. Attorney Benton Peterson.
Paramore said it took him 7 to 8 hours over 3 1/2 days to check each document in the office. In addition, he spent about 2 1/2 hours checking his own files stored in his office and in his home for anything relevant to the case.
Today’s hearing was the ninth hearing held by U.S. Magistrate Judge Deborah A. Robinson to determine whether to sanction the service for what plaintiffs say is a failure to present credible testimony and evidence in the 8-year-old lawsuit filed on behalf of Reginald G. Moore, an Atlanta native who is still with the service.
Robinson has already sanctioned the service three times during the discovery process. Legal experts say that is an unusually high number, especially against a government agency.The American Civil Liberties Union is closely monitoring the case.
The service is appealing all three of those sanctions.
Paramore’s testimony goes to the heart of the government’s defense that it has diligently complied with a Dec. 21 order from Robinson to search for documents relevant to the case.
“Our position is not only did they do a thorough search, but they went beyond what is considered a reasonable search and did follow-up searches,” said Marina Utgoff Braswell, the assistant U.S, attorney leading the defense of the service, speaking during a break.
The plaintiffs, represented by Hogan & Hartson and Relman & Dane for free, argue that the searches were not reasonable.
The service did not adequately search for paper documents and electronic documents related to the promotion of African American agents as the judge ordered more than one year ago, said E. Desmond Hogan, one of the lawyers representing the plaintiffs.
“While Plaintiffs have not yet had the opportunity to complete their cross examination of Agent Paramore, the fact remains that the overwhelming evidence presented in this hearing confirms that defendant has failed to conduct an adequate search for documents that were due to plaintiffs more than a year ago, and that documents relating to a critical issue in this case have been destroyed,” Hogan said. Nearly 60 black agents have said in sworn affidavits filed in the case that they faced discrimination in the service.
Moore said he continues to fight the lawsuit, despite rising to the highest levels of the service since he first filed the case, so that the system will be permanently improved for all agents. No one should have to face the persistent discrimination that African American agents have faced in the service, he said.
The case has had many twists and turns during the discovery process. Last week, Carrie Hunnicutt, a senior inspector with the service, admitted that she destroyed original surveys of high ranking officials describing their search for documents despite a court order to preserve all records.
“I find it almost unbelievable that a law enforcement official with the service for more than 15 years would destroy or alter documents,” said Moore, speaking during a break during the hearing.
Comments