Adams, who received a government award in 2003 for his service, retired in 2008 after an inspector general's report alleged racist behavior. He denied the allegation, but the report found that he had acted improperly by describing a drug convict applying for a pardon as "about as honest as you could expect for a Nigerian."
While he worked at Justice, Adams refused to speak publicly about the FALN case. He said he reluctantly agreed to do so when contacted by reporters because he believes the FALN crimes were so serious. He added that he is concerned that there had been misrepresentation of his role in the clemency that may resurface in the confirmation hearing, including suggestions that he may not have taken a position on the matter.
In mid-1998, Adams said, he sent a draft report recommending against any clemency of FALN members to Holder, but he said that Holder did not send it to the White House and instructed him to revise it.
On Aug. 31, 1998, Adams sent a memo to Holder saying, "Pursuant to your request, we have revised the report and recommendation on the Puerto Rican nationalists cases. As was discussed at our last meeting, the desired objective was to recommend that the president grant clemency to the extent it would result in the prisoners' serving 20 years in prison. . . . " Most had already served 19 years.
In the memo:
Adams listed numerous reasons why the Justice Department should continue to oppose clemency, including that most commutations were inappropriate given the crimes and sentences.
He reminded Holder that Holder had in previous cases given "considerable weight" to the recommendations of federal prosecutors, and that any clemencies would "contravene the strong negative recommendation of two United States attorneys."
Adams also warned that the convicts' release would undermine at least four pending prosecutions and investigations of FALN members, and hamper FBI efforts to apprehend some of their co-conspirators and recover millions in bank money stolen by the FALN.
"Questions may be raised about why the department is recommending that clemency be granted to persons who belong to a group the FBI director has identified as such a domestic terrorist threat," Adams wrote in the memo. Adams warned that the groups' victims had not been notified.
