Pa. homeland security chief to testify that tracking activists was 'error in judgment'

HARRISBURG - The state's homeland security director says "an error in judgment" led him to hire a Philadelphia-based terrorism intelligence firm to monitor activists statewide, including antiwar protesters, environmentalists, and other groups with no history of violence.

In written testimony he is set to deliver Monday at a Senate hearing, James F. Powers Jr. says his office paid for the intelligence bulletins because other state and federal agencies weren't providing information about local activity that he thought was critical to protect nearly 4,000 sites in the commonwealth.

"I sincerely apologize to any individual or group, regardless of their views or affiliation, who felt their constitutional rights infringed upon because they were listed in the bulletin," Powers says in his testimony, a copy of which was obtained by The Inquirer. "That was never the intention."

The remarks amount to Powers' first public comments since news of the bulletins sparked an uproar among activists and legislators two weeks ago. Gov. Rendell ordered the $103,000 contract with the Institute on Terrorism Research and Response terminated, saying he was unaware of the arrangement and appalled to learn that state officials were tracking groups that pose no obvious threat to public safety.

The bulletins, circulated to law enforcement and private companies, described meetings of groups including tea party activists, student protesters, and opponents of natural-gas drilling. Powers and five other law enforcement officials are among the witnesses to be questioned by the Senate Veterans and Emergency Preparedness Committee.

"At a time when public confidence in state government is already plumbing new depths, this controversial matter . . . is toxic to public trust," said State Sen. Lisa Baker (R., Luzerne), the committee's chair.

Powers, a former colonel in the Army Special Forces, has served as homeland security director since 2006. His office was folded into the Pennsylvania Emergency Management Agency three years ago.

In his own testimony, PEMA Director Robert French wrote that officials sought the terrorism research institute contract to fill "an identified gap" in intelligence information so local emergency personnel and agencies could prepare for any incident. "Unfortunately, we fell short," French wrote.