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Context of 'October 2, 1991: Former Justice Department Official Claims PROMIS Possibly Transferred from Department to Private Business'

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C. Madison “Brick” Brewer, the general counsel of the Institute for Law and Social Research, leaves his position. The circumstances of his departure from the institute, which will later be transformed into the company Inslaw, will later be disputed. The departure is significant because Brewer will later be hired by the Justice Department to manage a contract with Inslaw (see April 1982), and will adopt a combative approach to his former employer (see April 14, 1982 and April 19, 1982).
Hamilton's Account - Inslaw owner William Hamilton will later say that Brewer is asked to leave because he is unable to perform his duties, but is given sufficient time to find another job instead of being forced out. Inslaw vice president John Gizarelli will corroborate Hamilton’s account, telling the House Judiciary Committee under oath that Hamilton told him Brewer had been asked to resign.
Contradictory Statements by Brewer - Brewer will give different accounts of his departure. He will tell investigators from the Justice Department’s Office of Professional Responsibility (OPR): “At no time did he [Hamilton] ever say you are fired and at no time did he [Hamilton] ever indicate great dissatisfaction with my performance.… I never felt that I was discharged, let alone wrongfully discharged.” He will repeat this line to investigators from the House committee: “I never thought that he asked me to leave. It has always been my understanding that I was not asked to leave. I have never viewed my departure from the institute as either being a discharge, or forced.” However, another statement he will make puts a different slant on this; he tells the OPR: “[I]t has been my view that Mr. Hamilton obviously wanted me gone. He had been sending these signals, if not directly indicating a job dissatisfaction, since April, and it was now February, almost one year later, and I was still extricating myself.” In addition, Brewer will say in a court appearance: “On one occasion Mr. Hamilton came and said to me, ‘can you go to lunch?’ I explained that I couldn’t. And he said, ‘Well, what I have to say over lunch I can say right now. I think you ought to find [an] alternative—that you ought to leave the Institute.’”
Impact - The committee will comment, “The circumstances surrounding Mr. Brewer’s departure from the institute appear to have had a major influence over his views about Inslaw and its president, Mr. Hamilton.” Gizarelli will say that he had occasional contact with Brewer before his departure, and: “[H]e thought that Mr. Hamilton was insane. And I think he meant that literally. He did make comments about his rationality, his sanity, thought he wasn’t capable of leading an organization. The tenor of his remarks were to me very startling.” [US Congress, 9/10/1992]

Entity Tags: William Hamilton, Inslaw, Inc., House Judiciary Committee, John Gizarelli, C. Madison “Brick” Brewer

Timeline Tags: Inslaw and PROMIS

Laurence McWhorter, director of the Executive Office for US Attorneys, tells one of his subordinates, “We’re out to get Inslaw.” Inslaw developed the PROMIS database and search application (see Mid-1970s) and is soon to become embroiled in a dispute with the Justice Department over it. Mallgrave will later tell Wired magazine: “We were just in his office for what I call a B.S. type discussion. I remember it was a bright sunny morning.… [McWhorter] asked me if I would be interested in assuming the position of assistant director for data processing… basically working with Inslaw. I told him… I just had no interest in that job. And then, almost as an afterthought, he said ‘We’re out to get Inslaw.’ I remember it to this day.” [Wired News, 3/1993]

Entity Tags: Inslaw, Inc., Frank Mallgrave, Executive Office for US Attorneys (DOJ), Laurence McWhorter

Timeline Tags: Inslaw and PROMIS

A PROMIS oversight committee is formed at the Justice Department to supervise the implementation of the PROMIS software at US attorneys’ offices. The committee’s members are initially Associate Attorney General Rudolph Giuliani, Associate Deputy Attorney General Stanley E. Morris, Director of the Executive Office for US Attorneys William P. Tyson, and the Justice management division’s Assistant Attorney General for Administration Kevin D. Rooney. The associate attorney general is the chairman of the committee. The date on which the committee is established is unclear, but it will be mentioned in a memo dated August 13, 1981, so it must be at this date at the latest. Lowell Jensen will also be significantly involved in the committee, first as the associate attorney general for the criminal division until early 1983, and then as associate attorney general, meaning he also chairs the committee. The main official who reports to the committee is PROMIS project manager C. Madison “Brick” Brewer, although he will not be hired by the department until the start of the next year (see April 1982). [US Congress, 9/10/1992]

Entity Tags: Justice Management Division, William P. Tyson, Executive Office for US Attorneys (DOJ), US Department of Justice, Criminal Division (DoJ), Kevin D. Rooney, Stanley E. Morris, Rudolph (“Rudy”) Giuliani, Lowell Jensen

Timeline Tags: Inslaw and PROMIS

Inslaw wins a $9.6 million contract from the Justice Department to install the public domain vesion of PROMIS application in 20 US attorneys’ offices as a pilot program. PROMIS is an application designed to be used by prosecutors to keep track of case records (see Mid-1970s). If the trial installation is successful, the company will install PROMIS in the remaining 74 federal prosecutors’ offices around the country. The contract is also for the necessary training, maintenance, and support for three years. According to William Hamilton, one of Inslaw’s owners, the eventual market for complete automation of the Federal court system is worth up to $3 billion. However, this is the last contract Inslaw receives from the Justice Department for PROMIS, as the deal becomes mired in a series of disputes. [US Congress, 9/10/1992; Wired News, 3/1993]

Entity Tags: William Hamilton, US Department of Justice, Inslaw, Inc.

Timeline Tags: Inslaw and PROMIS

C. Madison “Brick” Brewer gets the job of supervising a contract with Inslaw for the installation of the PROMIS database and search application (see March 1982). [US Congress, 9/10/1992; Wired News, 3/1993] According to a report by the House Judiciary Committee, Brewer gets the job from William P. Tyson of the Justice Department’s Executive Office for US Attorneys (EOUSA). [US Congress, 9/10/1992] However, according to Wired magazine, Brewer is appointed by EOUSA Director Laurence McWhorter, who had told a previous candidate for the position that he was “out to get Inslaw” (see Spring 1981). [Wired News, 3/1993] Brewer had originally been hired by the EOUSA in January. [US Congress, 9/10/1992] He once worked for Inslaw, but was allowed to resign when its founder William Hamilton found his performance inadequate (see 1976). [Wired News, 3/1993] Brewer will soon demonstrate his hostility to Inslaw, and the company will ask that he be replaced (see April 14, 1982, April 19, 1982, and Mid-April 1982).
Importance of Job - As the project manager, Brewer is involved in all major contract and technical decisions, including forming the department’s position on Inslaw’s claim that it should be paid for privately-funded enhancements it makes to PROMIS. Brewer also reports on progress on the contract to the department’s PROMIS Oversight Committee (see August 13, 1981 or Before).
Comment by Assistant Attorney General - Assistant Attorney General Lowell Jensen will later comment: “I would think that the better path of wisdom is not to do that [i.e. hire an allegedly fired employee to direct the contract of his former employer] if that’s possible to do. I think that it’s better to have these kinds of issues undertaken by people who don’t have questions raised about them one way or the other whether they are biased in favor of or against the people they deal with.” However, this thinking apparently does not impact the department’s decision to hire Brewer.
House Judiciary Committee Investigation - In the light of these circumstances, the House Judiciary Committee will call the appointment a “curious choice,” partly because Brewer tells it: “I was not a computer person. We talked about my role viewed as being liaison, the person who would make things happen, a coordinator. It was not contemplated that I would, by osmosis or otherwise, learn computer science.” After interviewing Justice Department staff, the committee will find that it is “unable to determine how Mr. Brewer came to be considered for the position.” The committee will also point out: “The potential conflict of interest was an unsatisfactory situation irrespective of his admittedly negative feelings about his forced resignation from the company. Had Mr. Brewer taken actions which could have been construed to unduly favor Inslaw throughout the life of the contract, similar questions of potential conflict could just as easily have arisen either from within the department or from outside competitors of the company.”
Findings of Government Accountability Office and Permanent Subcommittee on Investigations - The Government Accountability Office and Congress’s Permanent Subcommittee on Investigations (PSI) will find that Brewer’s appointment as project manager creates an appearance of a conflict of interest that should have been avoided by the department. The PSI report will say, “The staff finds that the department exercised poor judgment in ignoring the potential for a conflict of interest in its hiring of the PROMIS project director [Brewer], and then, after receiving allegations of bias on his part, in failing to follow standard procedures to investigate them in a timely manner.”
Courts' Opinions - During the legal proceedings that stem from a dispute between Inslaw and the department, two courts will comment on the issue. George Bason, of the Bankruptcy Court for the District of Columbia, will say, “On the basis of the evidence taken as a whole, this court is convinced beyond any doubt that Brewer was consumed by hatred for and an intense desire for revenge against Mr. Hamilton and Inslaw, and acted throughout this matter in a thoroughly biased and unfairly prejudicial manner toward Inslaw.” William Bryant, of the District Court for the District of Columbia, will add, “The nature and circumstances of his separation from that employment are somewhat in dispute, but it is clear that Brewer was not happy in his job when he left it after being urged to do so by Hamilton.”
Brewer's Motivation - Inslaw attorney Harvey Sherzer will comment in court on one of the motivations apparently driving Brewer: “[H]e seemed to think there was something wrong with a contractor benefiting from a government contract.… The gist of what he seemed to be saying was that by performing this contract Inslaw and Mr. Hamilton, specifically, was making an effort to expand the company. And there seemed to be a negative inference toward Inslaw’s ability to use the base created by this contract to expand.” [US Congress, 9/10/1992]
Office of Professional Responsibility Conclusion - On the contrary, the Justice Department’s Office of Professional Responsibility will examine the matter and rule there is no conflict of interest. Brewer will later tell a federal court that everything he does regarding Inslaw is approved by Jensen. Jensen had previously supervised a product known as DALITE, which lost a major contract to Inslaw in the 1970s. [Wired News, 3/1993]

Entity Tags: Lowell Jensen, William Bryant, Office of Professional Responsibility, Laurence McWhorter, Permanent Subcommittee on Investigations, US District Court for the District of Columbia, House Judiciary Committee, Harvey Sherzer, Bankruptcy Court for the District of Columbia, C. Madison “Brick” Brewer, Inslaw, Inc., Executive Office for US Attorneys (DOJ), George Bason, Government Accountability Office, Frank Mallgrave, William P. Tyson

Timeline Tags: Inslaw and PROMIS

One month after the Justice Department and Inslaw sign a contract on the installation of PROMIS software (see March 1982), a departmental official raises the possibility of terminating the contract. At a meeting of the PROMIS Project Team, project manager C. Madison Brewer, the Justice Department’s contracting officer Peter Videnieks, and Jack Rugh, the acting assistant director for the Office of Management Information Systems Support, discuss terminating the contract with Inslaw for convenience of the government, according to notes taken at the meeting. “Discussed Inslaw’s ‘PROMIS II’ memo, termination for convenience discussed,” read Videnieks’ notes. When the contract becomes the subject of a series of legal actions, the three men begin to suffer from what the House Judiciary Committee will call “severe memory loss” over what happened at the meeting. In a sworn statement, Brewer will say he does not recall the details of the meeting, but if this recommendation were made, it was made “in jest.” However, he will admit to being upset with Inslaw’s handling of the contract and its demand for payment for enhancements it had made privately to the application (see April 2, 1982). Bankruptcy Court Judge George Bason will comment: “All of the [Justice Department] witnesses who attended the April 14, 1982 meeting professed a total lack of memory about it. They testified they had no recollection of any such meeting. This court disbelieves that testimony. None of them could offer any credible explanation, or indeed any explanation, of the meaning of Videnieks’ handwritten notes other than what this court finds to be their meaning.… These notes constitute a ‘smoking gun’ that clearly evidences Brewer’s intense bias against Inslaw, his single-minded intent to drive INSLAW out of business, and Rugh’s and Videnieks’ complicity.” [US Congress, 9/10/1992]

Entity Tags: US Department of Justice, Peter Videnieks, Jack Rugh, C. Madison “Brick” Brewer, George Bason

Timeline Tags: Inslaw and PROMIS

Inslaw asks the Justice Department to appoint a manager other than C. Madison “Brick” Brewer to run the PROMIS project that Inslaw is working on for the department. Brewer had formerly worked for Inslaw, but had left under a cloud (see 1976), and later been hired by the department to supervise the contract between it and Inslaw (see April 1982). Following initial problems with Brewer (see April 14, 1982 and April 19, 1982), Inslaw asks Associate Deputy Attorney General Stanley E. Morris to replace him, as Inslaw owner William Hamilton thinks he has antagonistic feelings toward Inslaw due to their past. However, departmental officials say that Brewer’s skills and prior employment with Inslaw were important factors in his hiring by the department. Laurence McWhorter, deputy director of the Executive Office for US Attorneys, will later say that Brewer’s employment by Inslaw qualified him to “run the implementation of a case tracking system for US attorneys” and “to basically direct the implementation of a case tracking system in US attorneys offices.” The House Judiciary Committee will comment, “It is difficult to understand, however, how… McWhorter could make this statement” because Brewer himself admitted that at the time he left Inslaw, “he had very little, if any, experience in managing computer projects and government ADP [automated data processing] procurement law,” and he also “admitted to a lack of experience or detailed understanding of computers or software.” [US Congress, 9/10/1992]

Entity Tags: William Hamilton, Stanley E. Morris, US Department of Justice, Inslaw, Inc., C. Madison “Brick” Brewer, Executive Office for US Attorneys (DOJ), Laurence McWhorter, House Judiciary Committee

Timeline Tags: Inslaw and PROMIS

Justice Department manager C. Madison Brewer displays his hostility towards Inslaw, Inc., in a meeting to discuss the implementation of the PROMIS application. An Inslaw memorandum of the meeting says, “Brewer seized upon this issue [that Inslaw wanted to be paid for privately-financed enhancements it had made to the software] and launched into a tirade which was very emotional, unorganized, and quite illogical.” Brewer’s complaints are:
bullet The memo claiming the payments is “typical of Inslaw and [Inslaw owner] Bill Hamilton and that it was self-serving and unnecessary.”
bullet How did the Justice Department “know that we might say work was not finished under our government contracts and the next week copyright the work and begin selling it back to the Justice Department?”
bullet A press release about a contract awarded to Inslaw was inaccurate because “it described West Virginia as a successful implementation when in fact, they had spent an additional 20K [$20,000] on the project and Lanier was doing all the work.”
bullet The memo had caused “all kinds of problems in Justice and had many people upset.”
bullet “Illinois Criminal Justice Coordinating Council, Michigan Prosecuting Attorney’s Association, Andy Voight, and others,” would say that “Inslaw did not do good or successful work.”
bullet “Hamilton started the PROMIS system as an employee of the DC, USAO [US Attorneys Office in Washington, DC]. And that all of the software was developed with Federal funds and what right did Hamilton have to try to claim ownership of the software.”
The memo adds, “All of these comments were based with an obvious dislike of Bill Hamilton and a resentment for the success of Inslaw personified in him.” [US Congress, 9/10/1992]

Entity Tags: Inslaw, Inc., C. Madison “Brick” Brewer, US Department of Justice

Timeline Tags: Inslaw and PROMIS

Inslaw representatives Elliot Richardson and Donald Santarelli, a former administrator of the Law Enforcement Assistance Administration, meet with acting Deputy Attorney General Lowell Jensen to discuss a resolution of the Inslaw affair concerning the Justice Department’s alleged misappropriation of enhanced PROMIS software. Richardson and Santarelli ask for rapid talks to resolve disputes that have caused the department to withhold money from Inslaw and the company to go bankrupt, that the department consider a new proposal for work by Inslaw, and that Jensen appoint somebody to investigate Inslaw’s claims that some department officials, in particular C. Madison Brewer (see 1976 and April 1982), are biased against it. The business proposal is that Inslaw implement PROMIS in smaller US attorneys’ offices. This was originally covered by a contract between Inslaw and the department (see March 1982), but this part of the contract was terminated in 1984 (see December 29, 1983 and February 1984). [US Congress, 9/10/1992] The department rejects the proposal for additional work, but it is unclear whether the allegations against Brewer and others are investigated (see After March 13, 1985).

Entity Tags: Elliot Richardson, Donald Santarelli, Inslaw, Inc., Lowell Jensen, US Department of Justice

Timeline Tags: Inslaw and PROMIS

Inslaw files a complaint for a declaratory judgment, the enforcement of automatic stay bankruptcy protection provisions, and damages against the Justice Department in the dispute over the department’s alleged theft of enhanced PROMIS software. The automatic stay is one of the fundamental debtor protections provided by bankruptcy laws. It stops all collection efforts, harassments, and foreclosure actions, giving the debtor temporary relief from creditors. It is important because it allows a bankruptcy court to centralize all disputes concerning property of the debtor’s estate so that reorganization can proceed orderly and efficiently. [US Congress, 9/10/1992] Inslaw’s attorney for the case, Leigh Ratiner of the Washington firm Dickstein, Shapiro & Morin, chooses the bankruptcy court for the filing based on the premise that the Justice Department, as the creditor, has control of enhanced PROMIS. He will later say: “It was forbidden by the Bankruptcy Act for the creditor to exercise control over the debtor property. And that theory—that the Justice Department was exercising control—was the basis that the bankruptcy court had jurisdiction. As far as I know, this was the first time this theory had been used. This was ground-breaking.” [Wired News, 3/1993] Inslaw claims that Justice Department manager C. Madison Brewer, who was responsible for implementing PROMIS in the department, was instrumental in propelling Inslaw into bankruptcy (see April 1982, April 14, 1982, and April 19, 1982), and that he then hindered Inslaw in its development of a reorganization plan. Inslaw also alleges that its concerns were made known to the highest levels of Justice Department’s management, without any response. [US Congress, 9/10/1992]

Entity Tags: US Department of Justice, Leigh Ratiner, C. Madison “Brick” Brewer, Inslaw, Inc., Bankruptcy Court for the District of Columbia

Timeline Tags: Inslaw and PROMIS

Judge George Bason of the Bankruptcy Court for the District of Columbia issues an oral finding that the Justice Department “took, converted, and stole” the enhanced version of Inslaw’s PROMIS software by “trickery, fraud, and deceit.” The ruling is issued at the end of a trial that lasts over two weeks and involves sworn statements from over 40 witnesses and thousands of pages of documentary evidence. Bason finds that a key departmental official, project manager C. Madison Brewer, was biased against Inslaw (see April 1982, April 14, 1982, and April 19, 1982). In addition, Brewer’s boss Lowell Jensen (see December 29, 1983 and February 1984) is said to have “a previously developed negative attitude about PROMIS and Inslaw,” because he had been associated with the development of a rival case management system while he was a district attorney in California, and this affected his judgment throughout his oversight of the contract. Further, the department violated bankruptcy protection legislation that applied to Inslaw by using and exercising control over Inslaw’s property—the enhanced PROMIS software—without negotiating a license fee. This oral finding is confirmed in a written opinion issued on January 25, 1988. In the written finding, Bason adds, “[T]his court finds and concludes that the department never intended to meet its commitment and that once the department had received enhanced PROMIS pursuant to Modification 12 (see April 11, 1983), the department thereafter refused to bargain in good faith with Inslaw and instead engaged in an outrageous, deceitful, fraudulent game of ‘cat and mouse,’ demonstrating contempt for both the law and any principle of fair dealing.” [US Congress, 9/10/1992]

Entity Tags: US Department of Justice, Lowell Jensen, George Bason, C. Madison “Brick” Brewer, Bankruptcy Court for the District of Columbia, Inslaw, Inc.

Timeline Tags: Inslaw and PROMIS

Charles Hayes, a surplus computer dealer, claims he has purchased computers with PROMIS software installed on them from the US Attorneys’ Office for the Eastern District of Kentucky. Hayes, who the House Judiciary Committee will say has “alleged ties to both United States and foreign intelligence communities,” says that the Harris-Lanier word processing equipment he purchased came with 5 1/4-inch computer disks and he believes these disks contain the enhanced version of the PROMIS software. When the committee investigates, the Justice Department refuses to provide some computer equipment related to these allegations (see February 12, 1991), but the disks turn out not to contain the software (see February 13, 1991). (However, the computer equipment Hayes purchased does contain sensitive information that should not have been disclosed, including grand jury material and information regarding confidential informants.) Hayes will also make a number of other allegations about PROMIS. According to an October 1990 memo drafted by William Hamilton, owner of the company that developed PROMIS, Hayes told him he can identify 300 locations where the software has been installed illegally by the government. In addition, a businessman named Earl Brian allegedly sold the software to the CIA in 1983 for implementation on computers purchased from Floating Point Systems and what the CIA called PROMIS Datapoint. Brian has supposedly sold about $20 million of PROMIS licenses to the government. Hayes will later make the same claims in person to the committee on numerous occasions, adding that he has received information from unnamed sources within the Canadian government saying that Brian sold the PROMIS software to the Canadian government in 1987. The committee will say that he makes “numerous promises” that confirming documentation will be provided by unnamed Canadian officials. However, on August 16, 1991, Hayes will say the Canadian officials have decided not to cooperate with the committee. In its final report, the committee will call the allegations “intriguing,” but point out that Hayes “has not provided any corroborating documentation.” [US Congress, 9/10/1992]

Entity Tags: William Hamilton, Charles Hayes, Central Intelligence Agency, House Judiciary Committee, Earl Brian

Timeline Tags: Inslaw and PROMIS

A Canadian government official says that Canada is using the PROMIS software, according to Inslaw owners William and Nancy Hamilton. The Hamiltons pass the information on to the House Judiciary Committee, which is investigating allegations that the US Justice Department has misappropriated an enhanced version of the software from Inslaw and passed it on to other governments. The official, Marc Valois of the Canadian Department of Communications, apparently says that PROMIS is being used to support 900 locations around the Canadian government. [US Congress, 9/10/1992] Another Canadian official will soon make a similar statement (see January 1991), but both he and Valois will later say they were not referring to Inslaw’s PROMIS, but to a product of the same name from a different company (see March 22, 1991).

Entity Tags: William Hamilton, Nancy Hamilton, House Judiciary Committee, Department of Communications (Canada), Marc Valois

Timeline Tags: Inslaw and PROMIS

A second Canadian government official says that Canada is using the PROMIS software, according to Inslaw owners William and Nancy Hamilton. The Hamiltons pass the information on to the House Judiciary Committee, which is investigating allegations that the US Justice Department has misappropriated an enhanced version of the software from Inslaw and passed it on to other governments. The official, Denis LaChance of the Canadian Department of Communications, apparently says that PROMIS is being used by the Royal Canadian Mounted Police to support its field offices. [US Congress, 9/10/1992] Another Canadian official had previously made a similar statement (see November 1990), but both he and LaChance will later say they were not referring to Inslaw’s PROMIS, but to a product of the same name from a different company (see March 22, 1991).

Entity Tags: Nancy Hamilton, Denis LaChance, House Judiciary Committee, William Hamilton, Department of Communications (Canada)

Timeline Tags: Inslaw and PROMIS

Charles Hayes, a computer dealer who claims a US attorney’s office has mistakenly given him a copy of the PROMIS application (see August 1990), hands over to the House Judiciary Committee disks he says contain the software. Hayes also makes a sworn statement about his assertions, saying he thinks PROMIS was copied onto the disks from the original media by personnel at the attorney’s office. However, when the committee examines the disks, it finds only training programs for the computers. In addition, William Hamilton, the owner of the company that developed the application, tells the committee it is “highly implausible” that the 5 1/4-inch disks could contain the enhanced version of the software. He adds that if PROMIS was being used on the computers Hayes purchased, it would have to be the public domain version, which is owned by the Justice Department, not the enhanced version owned by Inslaw. [US Congress, 9/10/1992]

Entity Tags: House Judiciary Committee, Charles Hayes, William Hamilton

Timeline Tags: Inslaw and PROMIS

A Canadian government official tells the US House Judiciary Committee that Canada is reluctant to cooperate with the committee’s inquiry into the alleged theft of a version of the PROMIS software by the US Justice Department and its subsequent passage to Canada. This is in response to a letter sent on February 26, 1991, in which the committee asked Canadian Ambassador Derek Burney for help determining what version of the software the Canadian government was using. The official, Jonathan Fried, counselor for congressional and legal affairs at Canada’s Washington embassy, says that “Canadians had been burned once before by Congress,” and imposes conditions on Congressional questioning of Canadian officials. The conditions are that interviews of individuals be conducted only in the presence of lawyers for the relevant departments and their superiors and that no Canadian public servants would be witnesses in any foreign investigative proceedings. The committee accepts these conditions in mid-March, and identifies the two Canadian officials it wants to speak to (see November 1990 and January 1991). [US Congress, 9/10/1992]

Entity Tags: Derek Burney, Jonathan Fried, House Judiciary Committee

Timeline Tags: Inslaw and PROMIS

Shortly before the US House Judiciary Committee interviews two Canadian officials who have said Canada has the allegedly stolen PROMIS software (see November 1990 and January 1991), the Canadian government contacts the committee and imposes a further condition on the interviews. The Canadians had already insisted the officials be accompanied by minders (see Shortly After February 26, 1991), but now says that, in addition, they will only answer questions specifically related to the software. They will not answer questions about any allegations that four software programs that may have been acquired by the Canadian government may be derivates of the PROMIS software. If the committee wants information about such alleged derivatives, it will have to submit a written request. [US Congress, 9/10/1992]

Entity Tags: House Judiciary Committee

Timeline Tags: Inslaw and PROMIS

Two Canadian officials who had previously said that the Canadian government was using Inslaw’s PROMIS software now tell the US House Judiciary Committee that it is not. In an interview with the committee, officials Denis LaChance and Marc Valois of the Canadian Department of Communications say that they had incorrectly identified software used by the Canadians as being Inslaw’s PROMIS (see November 1990 and January 1991), whereas in fact it was actually project management software from a company called the Strategic Software Planning Corporation that is also called PROMIS. Despite an objection by the Canadians to them being asked about PROMIS derivatives in Canada (see Before March 22, 1991), the two officials also say they do not use or know of a derivative of Inslaw’s PROMIS in Canada. The president of the Strategic Software Planning Corporation will later acknowledge in a sworn statement to committee investigators that his company had sold a few copies of his firm’s PROMIS software to the Canadian government in May 1986. [US Congress, 9/10/1992]

Entity Tags: Denis LaChance, House Judiciary Committee, Marc Valois, Department of Communications (Canada)

Timeline Tags: Inslaw and PROMIS

Lois Battistoni, a former employee of the Justice Department’s criminal division, says that the PROMIS application may have been transferred from the department to a private business. She makes the claim in a sworn statement for the House Judiciary Committee in October 1991, and again in an interview in February of the next year. According to Battistoni, a criminal division employee had previously told her that there was a company chosen to take over PROMIS implementation contracts served by Inslaw at that time. This company was apparently connected to a top department official through a California relationship. Inslaw owner William Hamilton will speculate that this company is Hadron, Inc., as it was owned by businessman Earl Brian, who was linked to former Attorney General Edwin Meese. However, Battistoni says that she has little firsthand knowledge of the facts surrounding these allegations, and does not provide the committee with the name of the criminal division employee who made the claim to her, indicating department employees are afraid to cooperate with Congress for fear of reprisal. She also makes a number of allegations about the involvement of department employees in the destruction of documents related to the affair. [US Congress, 9/10/1992]

Entity Tags: William Hamilton, US Department of Justice, House Judiciary Committee, Lois Battistoni, Earl Brian, Hadron, Inc., Edwin Meese

Timeline Tags: Inslaw and PROMIS

John Schoolmeester, a former Customs Services program officer, says that Peter Videnieks, a Justice Department official who worked on the implementation of PROMIS software, is linked to a company called Hadron, Inc., owned by Earl Brian, a businessman involved in the PROMIS affair. Schoolmeester makes the claim in two sworn statements provided to the House Judiciary Committee on October 10 and November 6, 1991. Schoolmeester says he has direct knowledge of ties between Videnieks and Hadron, Inc., prior to Videnieks’ employment with the Justice Department. According to Schoolmeester, Videnieks, as a contracting officer for the Customs Service, was involved with several Hadron, Inc. contracts, and he would necessarily have met with Dominic Laiti (a former Hadron chief executive officer) on a regular basis, because that was the way Laiti conducted business. However, Videnieks tells the committee under oath that he does not know and has not had any conversations with Laiti or Brian. Schoolmeester also says that Brian is “the behind-the-scenes guy at Hadron,” but he is not certain whether Videnieks met with him. Finally, he says that Brian is well connected in Washington and had connections with former Attorney General Edwin Meese and several Congressional figures. [US Congress, 9/10/1992]

Entity Tags: John Schoolmeester, Peter Videnieks, Hadron, Inc., Dominic Laiti, Edwin Meese, House Judiciary Committee

Timeline Tags: Inslaw and PROMIS

The Justice Department issues a 187-page report clearing department officials of wrongdoing in the Inslaw affair, which concerned the alleged misappropriation of an enhanced version of PROMIS software. According to a department press release, “there is no credible evidence that department officials conspired to steal computer software developed by Inslaw, Inc. or that the company is entitled to additional government payments.” This concurs with a previous report by Nicolas Bua, a special counsel appointed by the department. The main points of the report are:
bullet The use of PROMIS by the Executive Office of United States Attorneys and in US attorneys’ offices conforms with contractual agreements, and Inslaw is not entitled to additional compensation for the use of its PROMIS software;
bullet No independent counsel should be appointed and the matter should be closed;
bullet The investigative journalist Danny Casolaro, who died while investigating the Inslaw affair and other issues, committed suicide;
bullet MIT professor Dr. Randall Davis was hired to compare the computer code in Inslaw’s PROMIS software with the code in the FBI’s FOIMS software, which Inslaw claimed was a pirated version of PROMIS. Davis concluded that there was no relation between FOIMS and PROMIS;
bullet Two of the people who made allegations about the distribution of PROMIS outside the Justice Department, Michael Riconosciuto and Ari Ben-Menashe, are untrustworthy. The departmental press release calls them “primary sources relied on by Inslaw”;
bullet None of the anonymous sources that had previously been reported to have made statements supportive of Inslaw came forward, despite assurances from Attorney General Janet Reno that they would be protected from reprisals. The press release says, “Individuals who were identified as sources denied making the statements attributed to them by Inslaw”;
bullet The department did not obstruct the reappointment of bankruptcy Judge George Bason, who ruled in favour of Inslaw (see September 28, 1987, November 24, 1987, December 8, 1987, December 15, 1987, and January 12, 1988);
bullet No documents related to the matter have been destroyed by the Justice Department command center;
bullet There is no credible evidence that Inslaw’s PROMIS is being used elsewhere in the government (see 1982-1984, December 11, 1990, and May 2008), or has been improperly distributed to a foreign government or entity (see May 6, 1983, May 12, 1983, November 1990, and January 1991);
bullet PROMIS was not stolen to raise money to reward people working for the release of American hostages in Iran, to penetrate foreign intelligence agencies, as part of a US-Israeli slush fund connected with the late British publisher Robert Maxwell, or in aid of a secret US intelligence agency concealed within the Office of Special Investigations Nazi-hunting unit. [US Department of Justice, 9/27/1994]

Entity Tags: George Bason, Daniel Casolaro, Inslaw, Inc., Randall Davis, US Department of Justice

Timeline Tags: Inslaw and PROMIS

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