FBI Violated Patriot Act in Domestic Spying

Justice Department Inspector General Glenn A. Fine released a 126-page report on Friday that says that he Federal Bureau of Investigations violated the law in pursuing suspected terrorists and spies under the Patriot Act. While the FBI claimed most of the problems arose because of poor record-keeping and human error, the IG’s report said, “we believe the improper or illegal uses we found involve serious misuses of national security letter authorities.”

The mis-named Patriot Act allows the FBI to use national security letters to demand the personal records and data on customers in the possession of internet service providers, banks, phone companies, credit bureaux, banks and other businesses. According to the Associated Press, “In 2000, for example [before the Patriot Act was passed], the FBI issued an estimated 8,500 requests. That number peaked in 2004 with 56,000. Overall, the FBI reported issuing 143,074 requests in national security letters between 2003 and 2005. But that did not include an additional 8,850 requests that were never recorded in the FBI's database, the audit found. A sample review of 77 case files at four FBI field offices showed that agents had underreported the number of national security letter requests by about 22 percent.”

Another lousy practice, which the Bureau says it will terminate, is something called “exigent letters.” These bear the signature of no authorized official. That means there is no one responsible for the request. An agent who decides he wants to turn up dirt on his neighbor could readily use this tool to achieve such ignoble ends. The problem is not that the Bureau is ending the practice but rather than anyone ever thought it was a good idea in the first place.

While the Democrats are obviously jumping on this report as a sign that the White House is running amok, some Republicans in Congress are equally annoyed. Congressman Pete Hoekstra (R-MI), ranking Republican on the House Intelligence Committee, said the report shows “a major failure by Justice to uphold the law. If the Justice Department is going to enforce the law, it must follow it as well.”

FBI Director Robert S. Mueller said the errors were being corrected and everything will follow the law in future. He said, “But the question should and must be asked: How could this happen? Who is accountable? And the answer to that is, I am to be held accountable.” Then, he should resign.

© Copyright 2007 by The Kensington Review, Jeff Myhre, PhD, Editor. No part of this publication may be reproduced without written consent. Produced using Fedora Linux.

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