The following letter, from David Allburn of National Fingerprinting, comes in response to our recent post that features questions about why felon/presumed murderer Thom Gruenig was working in a supervisory role for the 2010 Census answered by the Census Bureau:
To The Editor:
Did you notice that your questions about FINGERPRINT comparisons were answered with statements about NAME-CHECK comparisons?
The Census Bureau made the two statements that “No criminal record was found,” and “He was not in their criminal database.” Those statements ask us to assume that he was not ANYWHERE in their criminal database, most especially not in the FBI “fingerprints” database. It is not evident at all from the investigation report you published, whether the FBI had actually compared Mr. Gruenig’s fingerprints to the fingerprints of felons, no matter what the names were. The questions to ask should have included these, for which I proposed what the carefully considered Census answers might be:
1. ”What would normally have happened at the FBI side if Mr. Gruenig’s fingerprints were determined by the FBI automated equipment to lack sufficient image quality to enable print-to-print comparison?” [Answer: A name-check is done instead, and Census relies upon that.]
2. “Is there any record entry maintained at Census or at the FBI, by them or by their contractors, that shows whether the aforementioned image quality test was passed or failed, either by a direct data description or by a reliable indirect indicator?” (…such as an indication that the fingerprint query defaulted into the name-check process by returning a TCR number.) [Answer: If a TCR is returned, that indicator is probably retained by either FBI or Census or their contractors somewhere.]
3. “If due to ‘normal procedure’ Mr. Gruenig’s fingerprints may not have actually been compared with others in the FBI file, is there any process by which new prints can be taken of assured-adequate quality and re-submitted to assure AFIS acceptance and comparison?” [Answer: If Mr. Gruenig were to be booked after our background check, presumably pursuant to a new criminal allegation, his prints would likely be routinely sent by the booking law enforcement agency to the FBI for comparison, and re-sent however many times necessary to assure the fingerprint check was actually accomplished to reveal whether any previous forensic-purpose prints on file matched his.]
4. “If a disqualifying record were thereby exposed and reported, would Census have the same confidence in the fingerprint portion of its background check process as previously asserted?” [Answer: Yes, but our confidence would be higher for those prints that passed the quality check at the FBI side.]
5. “if there were a way to assure that fingerprints submitted with insufficient quality to support an actual FINGERPRINT COMPARISON did not result in a default-hire as may have occurred in the Gruenig case, and such a way could be instantly and simply incorporated into the current logistical process, is there any reason why Census would not adopt it?” [Answer: Census routinely considers all helpful proposals according to the Federal Acquisition Regulations.]
6. “Would Census reveal whether an internal investigation was done to determine if Mr. Gruenig’s prints were rejected for quality reasons, and whether or not there actually were matching prints in the FBI file after all? [Answer: The Census Bureau considers personnel records confidential and does not reveal their contents.]
7. “Would a Freedom-of-Information Act request limited to whether Mr. Gruenig’s prints got a TCR result from the FBI allow a FOIA response?” [Answer: Consult the answer to #5 above.]
8. “If it were to be revealed by other legal means that there was a TCR returned by the FBI in Mr. Gruenig’s case, and that he indeed did have matching prints on file with the FBI under a fake name different from the one he gave on his Census employment application, …. (question left to be finished by MyTwoCensus.)
Of course, the above is an interrogation, not an interview. And it may turn out that Mr. Gruenig’s prints indeed got compared with the FBI print collection and turned up with no matches. Such a result would impugn Alaska’s reporting system, not Census Bureau procedure. But such close questions is necessary when jousting with a skilled PR department that carefully chooses its words such as providing NAME-CHECK answers to FINGERPRINT-CHECK questions.
I am glad that MyTwoCensus will “soon get to the bottom of this.” Can’t wait.