Declaration of Norbert E. Vint

UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLUMBIA


William Thomas, et. al.       |   
      Plaintiffs pro se,      | 
                              |      
       v.                     |          C.A. No. 95-1018
                              |       Judge Charles R. Richey
The United States, et. al.    |      
      Defendants.             | 

DECLARATION OF NORBERT E. VINT
ASSISTANT SPECIAL AGENT IN CHARGE
WASHINGTON FIELD OFFICE
UNITED STATES SECRET SERVICE

I, Norbert E. Vint, hereby declare and state, on behalf of defendant, United States Secret Service, the following:

1. I am the Assistant Special Agent in Charge ("ASAIC") for the Washington D.C. Field Office ("WFO"), United States Secret Service (the "Secret Service"), and executive branch, law enforcement agency operating under the Department of Treasury. I have served as the ASAIC-WFO since october 3, 1993, and in that capacity answer directly to the Special agent In Charge-WFO. Beginning with my appointment as a Special Agent on May 13, 1974, I have held various protective, investigative, and administrative positions during my career with the Secret Service.

2. My current duties as ASAIC-WFO involve, among other duties, responsibility for the planning, development, coordination, and implementation of various Secret Service

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protective efforts in the Washington Metropolitan Area, particularly relating to Presidential protection and the security of the White House. These duties are performed in conjunction with other Secret Service colleagues operating in the Secret Service"s Office of protective Operations, the White House Division, the Presidential Protective Division, the Uniformed Division-White House Branch, and other representatives of federal, state and local law enforcement agencies providing protection assistance.

3. As part of my responsibilities as ASAIC, I was personally involved in certain aspects of the planning, coordination, and implementation, both prior to and subsequent to, the May 20, 1995 street closure (the May 20 action") carried out by the Director of the Secret Service as ordered by the Secretary of the Treasury on May 19, 1995 (the "Secretary's May 19 Order).

4. Due to certain events occurring at or near the White House in late 1994 and early 1995, then Secretary Lloyd Bentsen directed that a thorough and comprehensive study be conducted as to the adequacy of the procedures used to protect the President, First Family, and the White House Complex (the "White House Security Review" or "Review"). In analyzing the threats posed to the White House by explosives transported by vehicles, the Review concluded that it was "not able to identify any alternative to prohibiting vehicular traffic [on those streets] that would ensure the protection of the President and others in the White

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House Complex from explosive devices carried by vehicles near the perimeter." Accordingly, one of the recommendations made by the White House Security Review was to close to vehicular traffic Pennsylvania Avenue, N.W., between Madison Place, N.W. and 17th Street, N.W., State Place, N.W., and the segment of South Executive Avenue that connects into State Place, N.W. The Secretary's May 19 Order to the Director was issued in light of the Review's findings, and in direct and rapid response to this specific recommendation.

5. I have also had the occasion to read Plaintiff William Thomas Complaint, and Plaintiff's Opposition papers filed on July 19, 1995 (hereinafter "Plaintiff's Opposition Brief:). In particular, I have read the Plaintiff's Opposition Brief at pages 37 and 38, and reviewed Plaintiff's Exhibit 10, purporting to be a map depicting the area of the White House and the perimeter streets impacted by the May 20 action. I submit this declaration in response to the contentions asserted by Plaintiff there.

6. In coordinating and implementing the May 20 action, the Secret Service was concerned over the obvious impact on the city and the public, particularly traffic congestion, which would be unavoidably created by the Secretary's May 19 Order. On May 12, 1995, Secret Service and Treasury representatives met with District of Columbia municipal officials to inform them of the anticipated action.

8. Between May 12 and 19, 1995, additional contacts by the Secret Service with District officials, and particularly

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representatives of the District of Columbia Department of Public Works ("DPW") and the Metropolitan Police Department ("MPD"), occurred, During these contacts the extent and parameters of the closure that the Secret Service intended to implement were discussed. As part of these preliminary plans, the number of MPD posts necessary to manage the resulting traffic congestion were addressed, as well as the location of those posts and other important efforts by MPD.

9. Consistent with the Review's recommendation, and in compliance with the Secretary's May 19 Order, the Secret Service closed entirely to public vehicular traffic Pennsylvania Avenue, N.W., between Madison Place, N.W. and 17th Street, N.W., State Place, N.W., and the segment of South Executive Avenue, N.W. that connects into State Place, N.W. Only authorized vehicles, particularly police, fire, ambulance, motorcade, and vehicles entering the White House Complex, may now access this area. In addition, both Madison Place, N.W., between H Street, N.W. and Pennsylvania Avenue, N.W., and the 1500 Block of Pennsylvania Avenue, N.W., between Madison Place, N.W. and 15th Street, N.W., are open to limited vehicular traffic. Only those authorized vehicles noted above, and Metrobuses, may enter Madison Place, N.W. Only those authorized vehicles noted above, as well as Metrobuses, and banking customers accessing the banking institutions entered on the 1500 Block of Pennsylvania Avenue, N,W,, may gain vehicular access to the 1500 Block. The measures taken to accommodate bank parking are discussed more thoroughly

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below at paragraph 14. With regard to Jackson Place, N.W., Hamilton Place, N.W., and East Executive Avenue, N.W., those streets were limited access streets prior to the May 20 action. Particularly with respect to Jackson Place, N.W., and Hamilton Place, N.W., only vehicles bearing an authorized parking permit were permitted to enter these streets before the May 20 action. The Secret Service has taken no action that changes the limited access status existing at Jackson Place, N.W., and Hamilton Place, N.W., prior to the May 20 action. Of course, the scope and details of all of these measures have developed and evolved since the May 20 action, and the actual configuration of security barriers has changed, as the Secret Service has continued weekly meetings with the District officials discussed below.

10. Since the May 20 action, Secret Service representatives have met weekly with representatives of MPD, DPW, and the Washington Metropolitan Area Transportation Authority-Metrobus ("Metrobus"). In particular, the transportation problems created by the May 20 action, and the resulting changes and adjustments to traffic patterns implemented by DPW, as well as the configuration of security barriers located on Madison Place, N.W. and the 1500 Block of Pennsylvania, N.W., have been discussed.

11. As part of these discussions, it was concluded by DPW that certain traffic modifications were necessary to minimize the impact that the May 20 action had on traffic. As a consequence, DPW issued a "Notice of Emergency and Proposed Rulemaking" pursuant to the District of Columbia Administrative Procedure

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Act. This rulemaking implemented numerous traffic direction and street use changes in the area of the White House. In particular, The DPW rulemaking, a copy of which is attached as Exhibit A hereto, indicated that traffic on Madison Place, W.W., between H Street, N.W. and the 1500 Block of Pennsylvania Avenue, N.W, would be one-way in a southbound direction. The DPW rulemaking also designated Madison Place, N.W.. and the 1500 Block of Pennsylvania Avenue, N.W. for use by Metrobuses only.

12. This same DPW rulemaking also designated H Street, N.W., between New York Avenue, N.W. and Pennsylvania Avenue, N.W., as one-way in an eastbound direction, and 15th Street, N.W., between New York Avenue, N.W. and K Street, N.W., as one- way in a northbound direction. As a result, Metrobuses now enter Madison Place, N.W. at H Street, N.W., proceed southbound on Madison to bus stops located there, turn left on the 1500 Block of Pennsylvania Avenue, N.W., and exit the White House area at the intersection of Pennsylvania Avenue, N.W. and 15th Street, N.W.

13. Further, as part of Secret Service discussions with Metrobus and DPW, efforts were made to minimize the impact of the May 20 action on Metrobus scheduling and operations. Prior to the May 20 action, only one Metrobus line, the X-2 Benning Road Line, staged on Madison Place, N.W., and only one other line, the N.W., passed through Madison Place, N.W. The number of Metrobus lines utilizing Madison Place, N.W. now equals seven, In total, 159 Metrobus trips utilize Madison Place, N.W. during peak hours.

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14. Following the May 20 action, the Secret Service and DPW were approached by the banking institutions with entrances on the 1500 Block of Pennsylvania Avenue, N.W. These institutions noted that the May 20 action had completely eliminated the public parking located on the 1500 Block of Pennsylvania Avenue, N.W. that had been previously utilized by bank customers. Moreover, the conversion of 15TH Street, W.W. to one-way traffic between New York Avenue, N.W. and K Street, N.W. were also noted. As a result, the Secret Service reconfigured the security barriers on the 1500 Block of Pennsylvania Avenue, N.W. consistent with a design developed by DPW. This reconfiguration was provided by DPW to reasonably accommodate and provide limited access parking spaces to banking customers accessing the banking establishments entered on the 1500 Block of Pennsylvania Avenue, N.W. A copy of the reconfigured portion of the 1500 Block is attached as Exhibit B hereto.

15. Based upon Secret Service discussions, meetings, and joint efforts with DPW, MPD, and Metrobus concerning Madison Place, N.W. and the 1500 Block of Pennsylvania, N.W., it was clear that limited vehicular access to these streets addressed numerous concerns. First, limited access addressed traffic flow and safety concerns raised by DPW. Second, the limited access status accommodated Metrobus operations for the area proximate to the White House area. Third, the limited access status also alleviated traffic congestion on surrounding traffic arteries, particularly those redesignated as one-way streets, by

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redirecting as much Metrobus activity as possible to Madison Place, N.W., and the 1500 Block of Pennsylvania Avenue, N.W, At bottom, all of our efforts in implementing the May 20 action, both pre- and post-closure, including the decisions made concerning Madison Place, N.W. and the 1500 Block of Pennsylvania Avenue, N.W., accommodated critical security as well as traffic and safety needs.

Further declarant sayeth not.

I declare under penalty of perjury, pursuant to United States Code, title 28, section 1746, that the foregoing is true and correct to the best of my knowledge and belief.

Date 8/21/95

(signed) Norbert E. Vint
Assistant Special Agent In Charge
Washington Field Office
United States Secret Service