Thomas Figures, a black Assistant U. S. Attorney, testified that Sessions said he thought the Ku Klux Klan was "OK until I found out they smoked pot". Sessions later said that the comment was not serious, but did apologize for it, saying that he considered the Klan to be "a force for hatred and bigotry". Barry Kowalski, a prosecutor in the civil rights division, also heard the remark and testified that prosecutors working such a gruesome case sometimes "resort to operating room humor and that is what I considered it to be". Another DOJ lawyer, Albert Glenn, said, "It never occurred to me that there was any seriousness to it. " Figures testified that on one occasion, when the U. S. Department of Justice Civil Rights Division sent the office instructions to investigate a case that Sessions had tried to close, Figures and Sessions "had a very spirited discussion regarding how the Hodge case should then be handled; in the course of that argument, Mr. Sessions threw the file on a table, and remarked, 'I wish I could decline on all of them'", by which Figures said Sessions meant civil rights cases generally. Kowalski, however, testified that he believed "[Sessions] was eager to see that justice was done in the area of criminal civil rights prosecutions. "