U.S. Department of Justice

Federal Bureau of Investigation

San Juan, Puerto Rico

February 13, 2006

PRESS RELEASE
Reasonable Use of Force By FBI Agents During The Performance Of Their Official Duties

Luis S. Fraticelli, Special Agent-in-Charge, San Juan Division of the Federal Bureau of Investigation (FBI), is providing the following additional information for the benefit of the general public in light of the public interest in this matter:

On February 10, 2006, the FBI executed six lawfully obtained, federal search warrants related to a domestic terrorism investigation being conducted in Puerto Rico in regards to the Ejercito Popular Boricua, also known as Los Macheteros.

At the start of the search at 444 Avenida de Diego in San Juan, the FBI agents established a perimeter at the front gate and parking lot entrance to the condominium. Although members of the general public and media were repeatedly told not to cross the perimeter throughout the day, residents were allowed to enter and exit the building. Prior to the conclusion of this search warrant and while the FBI was loading the seized evidence into government vehicles, various members of the media illegally crossed the pre-established law enforcement perimeter that had been in effect since the arrival of the FBI agents earlier that morning.

Despite repeated commands directing these reporters to return to their original locations outside the FBI perimeter, they ignored these commands and resisted the efforts of FBI personnel to remove them from the area. Within a very short period of time, a larger group of reporters and protesters used this as an opportunity to also cross the pre-established perimeter. As the FBI agents attempted to remove anyone who had crossed the FBI perimeter, various persons assaulted or attempted to assault FBI agents by pushing, kicking, spitting, or throwing objects.

Numerous persons continued to resist the lawful commands of the FBI agents and forcibly interfered with their ability to finish executing this search warrant in violation of Title 18, U.S. Code, Sections 111 and 2231. As a result, increasing levels of non-lethal force were used. The media and protesters ultimately returned to their original locations outside the perimeter only when pepper spray was used. Incidentally, it should be noted that all FBI agents are sprayed in the face, mouth, and eyes with pepper spray as part of their own FBI training.

Even though numerous members of the media and the general public interfered with the FBI’s ability to execute a federal search warrant and safeguard lawfully seized evidence, the FBI agents displayed great restraint. At least two members of the media were observed on video throwing objects at the FBI agents.

Immediately following this incident, the FBI agents chose not to arrest any of these individuals whose conduct caused this dangerous confrontation. Instead, the FBI agents attempted to de-escalate the situation by concluding the search and rapidly departing the area. When doing so, protesters assaulted various FBI agents by striking their departing vehicles and throwing large rocks and objects at them.

It is worth noting members of the media and protesters were present at the other five search warrant locations. At these other locations, however, members of the media and general public respected the FBI established perimeters and complied with all FBI instructions. As a result, these other five search warrants were executed without incident and as peacefully and safely as possible.

The FBI is well aware the federal courts have declared that the First Amendment of the U.S. Constitution guarantees the freedom of speech and freedom of the press, and that these rights are deeply rooted in our nation’s history. Federal courts, however, also have explained that the First Amendment does not grant members of the press with absolute immunity from the consequences of their acts. The First Amendment guarantees the press no greater constitutional right of special access to information than that possessed by the general public. Members of the press must follow the law even when the law might impose a burden upon their ability to gather or report the news.