The Eugene Police Department has decided it will not conduct any interviews of foreign visitors for the federal anti-terrorism task force until legal questions regarding the investigation of the Sept. 11 attacks can be answered.
On Tuesday, Oregon Attorney General Hardy Myers ruled that Oregon State Police can legally participate in the interviews of nearly 200 people in Oregon, including 50 in the Eugene area. However, EPD spokeswoman Pam Alejandre said no interviews will be conducted until concerns are cleared up. Those concerns involve how the criteria used to create the lists was determined, and what exact questions investigators plan to ask interviewees. EPD has asked the Eugene city attorney’s office to resolve the legality of the interviews.
“We are not conducting these interviews as requested,” Alejandre said, pointing out that the EPD is not ignoring the investigation altogether. “If assistance is needed, we’ve always made every effort to cooperate.”
Alejandre said the department is worried about the criteria used to create the list of interviewees.
“Each person on the list is essentially from a Middle Eastern country,” she said, which raised red flags at EPD about possible forms of racial profiling, which could be deemed illegal under Oregon statutes. Since receiving the list, EPD has tried to learn the criteria behind the names, she said.
“We have the responsibility to ensure that all of our activities fall within the guidelines of Oregon State law,” she said.
Alejandre said EPD is also worried about the context of some of the sample questions to ask the interviewees.
“If some of the questions are not worded correctly, they could provide the assumption of guilt,” Alejandre said. Neither Alejandre nor members of the U.S. attorney’s office would provide the list of questions.
On Nov. 9, U.S. Attorney General John Ashcroft directed all United States attorneys to coordinate anti-terrorism efforts with state and local law enforcement agencies. U.S. Attorney Michael Mosman asked EPD, as well as other local departments, to help interview people on their knowledge of terrorist elements in the United States. After the request, the Portland city attorney’s office warned the Portland Police Department not to participate in the interviews because some questions used by investigators could be considered unconstitutional in Oregon.
Members of the U.S. attorney’s office in Portland defended the practice set up by Ashcroft and the Justice Department, noting that the interviews will be conducted with or without help from local police.
“We have to get them done regardless,” said U.S. First Assistant Attorney Barry Steldahl.
Civil liberties groups are concerned that the secrecy surrounding the investigations will strike fear in those interviewees, especially because they are resident aliens.
“These will be perceived as threatening visits, [they won’t] be received as a request for help,” said David Fidanque, executive director for ACLU of Oregon. He pointed out that while the interviews are voluntary, people who refuse the interview could find themselves under greater scrutiny than before.
“If people refuse to ask questions or limit their answers, they may find themselves under investigation because of their refusal,” Fidanque said.