Lawrence A. Greenfeld:
Demoted for doing his job
NY Timess
By ERIC LICHTBLAU
Published: August 24, 2005
WASHINGTON, Aug. 23 - The Bush administration is replacing the
director of a small but critical branch of the Justice
Department, months after he complained that senior political
officials at the department were seeking to play down newly
compiled data on the aggressive police treatment of black and
Hispanic drivers.
The demotion of the official, Lawrence A. Greenfeld, whom
President Bush named in 2001 to lead the Bureau of Justice
Statistics, caps more than three years of simmering tensions over
charges of political interference at the agency. And it has
stirred anger and tumult among many Justice Department
statisticians, who say their independence in analyzing important
law enforcement data has been compromised.
Officials at the White House and the Justice Department said
no political pressure had been exerted over the statistics
branch. But they declined to discuss the job status of Mr.
Greenfeld, who told his staff several weeks ago that he had been
asked to move on after 23 years of generally high marks as a
statistician and supervisor at the agency. Mr. Greenfeld, who was
initially threatened with dismissal and the possible loss of some
pension benefits, is expected to leave the agency soon for a
lesser position at another agency.
With some 50 employees, the Bureau of Justice Statistics is a
low-profile agency within the sprawling Justice Department. But
it produces dozens of reports a year on issues like crime
patterns, drug use, police tactics and prison populations and is
widely cited by law enforcement officials, policy makers, social
scientists and the news media. Located in an office separate from
the Justice Department, it strives to be largely independent to
avoid any taint of political influence.
The flashpoint in the tensions between Mr. Greenfeld and his
political supervisors came four months ago, when statisticians at
the agency were preparing to announce the results of a major
study on traffic stops and racial profiling, which found
disparities in how racial groups were treated once they were
stopped by the police.
Political supervisors within the Office of Justice Programs
ordered Mr. Greenfeld to delete certain references to the
disparities from a news release that was drafted to announce the
findings, according to more than a half-dozen Justice Department
officials with knowledge of the situation. The officials, most of
whom said they were supporters of Mr. Greenfeld, spoke on
condition of anonymity because they were not authorized to
discuss personnel matters.
Mr. Greenfeld refused to delete the racial references, arguing
to his supervisors that the omissions would make the public
announcement incomplete and misleading. Instead, the Justice
Department opted not to issue a news release on the findings and
posted the report online.
Some statisticians said that decision all but assured the
report would get lost amid the avalanche of studies issued by the
government. A computer search of news articles found no mentions
of the study.
Congressional opponents of racial profiling, who have
criticized what they see as an ambivalent stance on the issue by
the Bush administration, said they were frustrated to learn that
the Justice Department had completed the Congressionally mandated
study without announcing its findings or briefing members of
Congress on it. They accused the Justice Department of
effectively burying the findings to play down new data that would
add grist to the debate over using racial and ethnic data in law
enforcement and terrorism investigations.
"My suspicions always go up if a report like this is just
deep-sixed," said Representative John Conyers Jr., Democrat of
Michigan, who is dean of the Congressional Black Caucus and plans
to introduce legislation this fall that would ban the use of
racial or ethnic police profiling.
The April study by the Justice Department, based on interviews
with 80,000 people in 2002, found that white, black and Hispanic
drivers nationwide were stopped by the police that year at about
the same rate, roughly 9 percent. But, in findings that were more
detailed than past studies on the topic, the Justice Department
report also found that what happened once the police made a stop
differed markedly depending on race and ethnicity.
Once they were stopped, Hispanic drivers were searched or had
their vehicles searched by the police 11.4 percent of the time
and blacks 10.2 percent of the time, compared with 3.5 percent
for white drivers. Blacks and Hispanics were also subjected to
force or the threat of force more often than whites, and the
police were much more likely to issue tickets to Hispanics rather
than simply giving them a warning, the study found.
The authors of the study said they were not able to draw any
conclusions about the reason for the differing rates, but they
said the gaps were notable. The research "uncovered evidence of
black drivers having worse experiences - more likely to be
arrested, more likely to be searched, more likely to be have
force used against them - during traffic stops than white
drivers," the report concluded.
In April, as the report was being completed, Mr. Greenfeld's
office drafted a news release to announce the findings and
submitted it for review to the office of Tracy A. Henke, who was
then the acting assistant attorney general who oversaw the
statistics branch.
The planned announcement noted that the rate at which whites,
blacks and Hispanics were stopped was "about the same," and that
finding was left intact by Ms. Henke's office, according to a
copy of the draft obtained by The New York Times.
But the references in the draft to higher rates of searches
and use of force for blacks and Hispanics were crossed out by
hand, with a notation in the margin that read, "Do we need this?"
A note affixed to the edited draft, which the officials said was
written by Ms. Henke, read "Make the changes," and it was signed
"Tracy." That led to a fierce dispute after Mr. Greenfeld refused
to delete the references, officials said.
Ms. Henke, who was nominated by Mr. Bush last month to a
senior position at the Department of Homeland Security, said in a
brief telephone interview that she did not recall the
episode.
Brian Rohrkasse, a spokesman for the Justice Department,
declined to discuss Mr. Greenfeld's job status, citing
confidential personnel matters, but said that "there was no
effort to suppress information since the report was released in
its entirety." Mr. Rohrkasse said the department had also posted
on its Web site a number of other statistical reports without
issuing news releases.
Mr. Greenfeld declined to discuss the handling of the traffic
report or his departure from the statistics agency. But he
emphasized in an interview that his agency's data had never been
changed because of political pressure and added that "all our
statistics are produced under the highest quality standards."
As a political appointee named to his post by Mr. Bush in
2001, "I serve at the pleasure of the president and can be
replaced at any time," Mr. Greenfeld said. "There's always a
natural and healthy tension between the people who make the
policy and the people who do the statistics. That's there every
day of the week, because some days you're going to have good
news, and some days you're going to have bad news."
When asked if those political pressures had grown worse for
his agency lately, as many of his employees asserted in
interviews, he said: "I don't want to comment on that. It's just
a fact of life."
Disputes between statisticians and policy makers at the
Justice Department have flared occasionally over the years,
particularly over the question of what credit if any the
administration in power could take for dips in national crime
rates. But a senior statistician, also speaking on condition of
anonymity, said that "in this administration, those tensions have
been even greater, and the struggles have been harder."
Another veteran statistician said: "Larry wanted to ensure
that the integrity of the data was not compromised, and that's
what's causing a lot of anxiety. We've seen a desire for more
control over B.J.S. from the powers that be, and that's what
seemed to get Larry in trouble."
Amid the debate over the traffic stop study, Mr. Greenfeld was
called to the office of Robert D. McCallum Jr., then the
third-ranking Justice Department official, and questioned about
his handling of the matter, people involved in the episode said.
Some weeks later, he was called to the White House, where
personnel officials told him he was being replaced as director
and was urged to resign, six months before he was scheduled to
retire with full pension benefits, the officials said.
After Mr. Greenfeld invoked his right as a former senior
executive to move to a lesser position, the administration agreed
to allow him to seek another job, and he is likely to be detailed
to the Bureau of Prisons, the officials said.
The administration has already offered the director's job at
the statistics agency to a former official there, Joseph M.
Bessette, but he turned it down, officials said. In an interview,
Mr. Bessette declined to discuss his conversations with the
administration but was quick to praise Mr. Greenfeld's work.
"I've never met a finer public servant," Mr. Bessette said,
"and I think the agency has been taken to new heights by
Larry."
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