IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLUMBIAUNITED STATES OF AMERICA ) ) v. ) ) CRIMINAL NO. ROBERT PHILIP HANSSEN, ) a/k/a "B" ) a/k/a "Ramon Garcia" ) a/k/a "Jim Baker" ) a/k/a "G. Robertson" )
AFFIDAVIT IN SUPPORT OF SEARCH WARRANTSI, Stefan A. Pluta, being duly sworn, depose and state as follows:
1. I am presently employed as s Special Agent of the Federal Bureau of Investigation (FBI) and am assigned to the Washington Field Office in the District of Columbia. My background, as well as facts relevant to the application in support of which this Affidavit is submitted, are laid out in the Affidavit in Support of Criminal Complaint, Arrest Warrant and Search Warrants, subscribed by me in the Eastern District of Virginia on February 16, 2001, in connection with this case, which is hereby incorporated, in its totality, by reference.1
1 That Affidavit contains a transcription error in paragraph 139: the date given in the typed note was "10/13/01."2. This Affidavit is in support of applications for the following:
A) The personal office space of ROBERT PHILIP HANSSEN within Room 9930, Federal Bureau of Investigation Headquarters, 935 Pennsylvania Avenue, N.W., Washington, D.C., in the District of Columbia.3. In addition to the facts stated in the above-mentioned previously subscribed-to Affidavit, the results of the continuing investigation in this matter have established the following facts:
B) Suites 106, 107 and 108 in Room 2510C, Office of Foreign Missions, United States Department of State, 2201 C Street, N.W., Washington, D.C., in the District of Columbia.
4. On February 16, 2001, United States Magistrate Judge T. Rawles Jones, Jr., of the United States District Court for the Eastern District of Virginia, issued a criminal complaint charging ROBERT PHILIP HANSSEN with conspiracy to commit espionage (18 U.S.C. §794(c)) and espionage (18 U.S.C. §794(a)). He also authorized the issuance of search warrants for HANSSEN's residence in Virginia, and for three automobiles located at that residence. The probable cause for the complaint and search warrants was set forth in the attached and incorporated Affidavit which were subscribed and sworn to by me on February 16, 2001.
5. At approximately 4:21 pm on February 18, 2001, surveillance personnel observed HANSSEN, alone, drive his Ford Taurus vehicle into the parking lot of the Pike 7 Plaza shopping center at Route 7 and Gosnell Road at Tysons Corner, Virginia, where he stopped. They observed him get out of the vehicle, walk to its trunk, open the trunk, and remove from it a black plastic trash bag into which he placed something. He got back into the vehicle and, after a brief period, drove away.
6. At approximately 4:34 pm on February 18, 2001, FBI surveillance personnel observed HANSSEN at the Foxstone Park sign which is the signal site associated with the nearby dead drop site codenamed "ELLIS", which are described in paragraph 106 of the attached previously subscribed-to Affidavit. As noted in paragraph 132 of the attached Affidavit, HANSSEN and the KGB/SVR had established "ELLIS" as the site to be used for a "full exchange operation" once a year, on February 18. As noted in paragraph 150 of the attached Affidavit, HANSSEN's Palm III personal digital assistant device was recently found to contain a reference to "ELLIS" and the date February 18.
At the sign, HANSSEN was observed placing a piece of white adhesive tape on the Foxstone Park sign, and then walking into the wooded park, in the direction of a footbridge. Approximately nine minutes later, HANSSEN walked back out of the wooded area, whereupon he was placed under arrest.
7. At the time of his arrest, HANSSEN was carrying on his person his FBI credentials and a small roll of white adhesive tape.
8. FBI personnel recovered from under the footbridge nearest to the Foxstone Park sign, a package wrapped in a taped-up black plastic trash bag. The package was transported to the FBI laboratory, where it was photographed, opened, and its contents examined.
Inside the package was a computer diskette containing an encrypted letter which, when decrypted, read as follows:
Dear Friends:Also inside the package were seven FBI documents printed from the FBI's ACS system, classified SECRET and dated from October through December 2000, relating to recent activity in ongoing FBI foreign counterintelligence investigations against Russian targets.
I thank you for your assistance these many years. It seems, however, that my greatest utility to you has come to an end, and it is time to seclude myself from active service.
Since communicating last, and one wonders if because of it, I have been promoted to a higher do-nothing Senior Executive job outside of regular access to information within the counterintelligence program. It is as if I am being isolated. Furthermore, I believe I have detected repeated bursting radio signal emanations from my vehicle. I have not found their source, but as you wisely do, I will leave this alone, for knowledge of their existence is sufficient. Amusing the games children play. In this, however, I strongly suspect you should have concerns for the integrity of your compartment concerning knowledge of my efforts on your behalf. Something has aroused the sleeping tiger. Perhaps you know better than I.
Life is full of its ups and downs.
My hope is that, if you respond to this constant-conditions-of-connection message, you will have provided some sufficient means of re-contact besides it. If not, I will be in contact next year, same time same place. Perhaps the correlation of forces and circumstances then will have improved.
9. The statements as to Location of Evidence, Fruits, Instrumentalities, and Proceeds, in the attached previously subscribed to Affidavit, are also applicable to the Application in support of which this Affidavit is submitted.
HANSSEN'S FBI HEADQUARTERS OFFICE
10. As noted in paragraph 39 of the attached previously subscribed-to Affidavit, since January 13, 2001, HANSSEN has occupied an office in Room 9930 of FBI Headquarters, 935 Pennsylvania Avenue, N.W., in the District of Columbia. That office has been subjected to limited searches, pursuant to court authority. Immediately after HANSSEN's arrest on February 18, 2001, electronic access to this office was removed from all but two senior officials of the FBI, and this access has remained limited and the officials have not entered the office, pending execution of the search for which authorization is hereby requested.
HANSSEN'S FORMER DOS/OFM OFFICE
11. As noted in paragraph 38 of the attached previously subscribed-to Affidavit, HANSSEN was administratively moved out of the FBI office space within the Department of State's Office of Foreign Missions (DOS/OFM) on January 12, 2001. That office space is designated Suites 106, 107, and 108 within the DOS/OFM office at Room 2510C of the United States Department of State building at 2201 C Street, N.W., in the District of Columbia. Since January 12, 2001, that FBI space has been occupied by another FBI special agent who was witting of this investigation, but HANSSEN has retained access to the office space, and appeared there unexpectedly on at least one occasion, on February 9, 2001.
12. On February 7, 2001, FBI personnel conducted a limited search of the FBI office space within DOS/OFM pursuant to court authority. Within three safes located there were found, among other materials:
A) a personnel file of HANSSEN containing an FD-776, Cryptographic Access Briefing Acknowledgment dated 10/1996;13. Other classified documents remain in the FBI office space located in DOS/OFM.
B) a document from HANSSEN, dated 1998, requesting authorization to upgrade from SECRET to TOP SECRET storage;
C) a file containing a SECRET communication written by HANSSEN, dated 1998, regarding information about an Intelligence Community penetration;
D) a file entitled Russian Espionage, containing20-30 documents including classified documents downloaded from the FBI ACS system on Felix Bloch and a sensitive classified technical collection program;
E) a file entitled "Russian Issues" containing over 100 documents, mostly classified SECRET, including FBI and State Department communications involving sensitive unnamed sources;
F) a classified memorandum in which HANSSEN used the word "never-the-less" (which is the way in which this word was spelled by "B" in an early letter to the KGB, as described in paragraph 59 of the attached previously subscribed-to Affidavit); and
G) other classified documents, including two containing HANSSEN's original handwriting.
CONCLUSION AS TO PROBABLE CAUSE TO SEARCH
14. Based upon the facts and circumstances stated above and in the attached previously subscribed-to Affidavit, which is hereby incorporated, in its totality, by reference, I believe there is probable cause that evidence, fruits, instrumentalities, and proceeds of espionage activity by ROBERT PHILIP HANSSEN, in violation of Title 18, United States Code, Section 794(a) (Transmitting National Defense Information) and 794(c) (Conspiracy to Commit Espionage), are located in -- and accordingly I respectfully request search warrants for --
A) The personal office space of ROBERT PHILIP HANSSEN within Room 9930, Federal Bureau of Investigation Headquarters, 935 Pennsylvania Avenue, N.W., Washington, D.C., in the District of Columbia.ATTESTATION
B) Suite 106, 107 and 108 in Room 2510C, Office of Foreign Missions, United States Department of State, 2201 C Street, N.W., Washington, D.C., in the District of Columbia.
The above facts are true and correct to the best of my knowledge and belief.
[signed]Sworn and Subscribed to before me
Stefan A. Pluta
Federal Bureau of Investigation
this 21 day of February, 2001
[signed: Alan Kay]
UNITED STATES MAGISTRATE JUDGE