Lawmakers Vow Hearings on
FBI Errors
By
Members of Congress vowed today to conduct investigative hearings -- and
consider reining in parts of the Patriot Act -- following revelations of
pervasive problems in the FBI's use of national security letters to secretly
obtain telephone, e-mail and financial records in terrorism cases.
Amid a growing furor on Capitol Hill over the disclosures in a Justice
Department inspector general's report, FBI Director Robert S. Mueller III
publicly took responsibility for the lapses but defended the use of national
security letters as a vital tool in the war on terrorism.
In a news conference, Mueller acknowledged that the FBI did not have
appropriate policies in place to handle some of its new authorities under the
Patriot Act and did not always adhere to the policies that the agency did
establish.
"I am to be held accountable," Mueller said, adding that he should
have set up an audit system, internal controls and a new regimen of training
and oversight to resolve "confusion and uncertainty in the field"
over the of national security letters.
However, the FBI director dismissed the idea of offering to resign, saying
there has been "no discussion of that." And he said the FBI already
has taken steps to correct the deficiencies identified by the inspector
general.
Mueller delivered his mea culpa as the nearly 200-page inspector general's
report circulated on Capitol Hill, where members of the House and Senate
judiciary and intelligence committees were briefed on the findings that the FBI
mishandled one of its potent anti-terrorism tools. The committees today
received a classified version of the report.
The problems included failing to provide proper documentation to justify the
use of the national security letters and significantly underreporting to
Congress the number of times the special authority was used. The reports to
Congress are required by law. The Washington Post reported on the findings
in today's editions.
The inspector general found that the violations were not deliberate, but
that they could be widespread.
The inaccuracies and problems disclosed in the inspector general's report
prompted Justice Department officials to send letters today to various
congressional committees and individual lawmakers correcting past testimony in
open and classified hearings, briefings and letters. The effort included
correcting figures about the previously underreported usage of national
security letters, as well as inaccurate assurances that safeguards were being
followed.
One such letter was sent by Acting Assistant Attorney General Richard A.
Hertling to Sen. Arlen
Specter (R-Pa.), the former Senate Judiciary Committee chairman, to correct
representations made to him on
"We have determined that certain statements in our November 23 letter
need clarification," Hertling wrote, adding that "we fully recognize
that Congress's ability to conduct oversight is hampered by a failure to
provide accurate information."
The inspector general's report discloses that on 739 occasions, the FBI
obtained telephone toll or subscriber records without first having a required
national security letter or grand jury subpoena, according to an unclassified
version. Instead, the report says, the FBI used a tactic called "exigent
letters" that claimed there were emergencies that warranted getting the
information immediately. Many times, no such emergencies existed, the inspector
general found.
"On over 700 occasions the FBI obtained telephone billing records or
subscriber information from three telephone companies without first issuing
national security letters or grand jury subpoenas," the report says. It
notes that many times the FBI supervisors who approved such requests did not
even have the legal authority to sign national security letters.
The report also details how, after getting its sweeping new anti-terrorism
powers under the Patriot Act, the FBI did not put into place basic training and
record-keeping procedures to ensure civil liberties were protected. Such problems
kept the FBI from giving Congress legally required accurate numbers on the
times they used national security letters, the investigation found.
"During the time period covered by this review, the FBI had no policy
or directive requiring the retention of signed copies of the national security
letters or any requirement to upload national security letters to the FBI's
case management system," the report says.
Likewise, the bureau failed to give its agents "comprehensive
guidance" on the types of legal violations it might have to report to
intelligence authorities.
In today's news conference, Mueller said the FBI "discontinued the use
of exigent letters" in May 2006 when it learned of the problems with them.
"As we have identified these problems, we have addressed them," he
said.
While acknowledging that the inspector general's report identified
"serious problems," Mueller offered assurances that "the number
of abuses is exceptionally small" compared to the overall number of
national security letters, and he asserted that "no one has been
damaged" by the shortcomings.
He said the letters "contribute significantly to our counterterrorism
and intelligence missions" and are "the bread and butter of our
investigations." He added, "In order to prevent attacks in the
future, we absolutely have to track terrorists overseas and see what ties they
might have in the
Specter, the top Republican on the Senate Judiciary Committee, raised the
possibility that Congress might shrink some of the FBI's antiterrorism powers.
"I am very concerned that the FBI has so badly misused national
security letters," Specter said in a statement. "When we reauthorized
the Patriot Act last year, we did so on the basis that
there would be strict compliance with the limitations included in the
statute."
Specter said the committee "will now have to undertake comprehensive
oversight on this important matter and perhaps act to limit the FBI's power by
revising the Patriot Act."
Specter later told reporters that Congress may have to "change the law
. . . to impose statutory requirements and perhaps take away some of the
authority which we've already given tot he FBI, since they appear not to be
able to now how to use it."
The news that the FBI failed to follow its own basic rules and policies
designed to protect civil liberties came at the end of a difficult political
week for the Bush administration. The last several days have also seen the
conviction of Vice President Cheney's former chief of staff in the CIA leak
case, growing controversy over the firings of federal prosecutors and
escalating violence in
Democrats quickly sought to capitalize.
Senate Majority Whip Richard J.
Durbin (D-Ill.), who had been pressing for a review of national security
letters since 2005, said the report "confirms the American people's worst
fears about the Patriot Act.
"It appears that the administration has used these powers without even
the most basic regard for privacy of innocent Americans," Durbin said in a
statement.
He called for "reasonable reforms" to the Patriot Act that have been
proposed, but not acted on, in the past.
"We should give the government all the tools it needs to fight
terrorism," Durbin said. "However, I continue to believe that the
Patriot Act must include reasonable checks and balances to protect the
constitutional rights of all Americans."
Sen.
Charles E. Schumer (D-N.Y.), like Specter a member of the Senate Judiciary
Committee, said the problems identified by the inspector general were a
"profoundly disturbing breach of public trust."
Schumer also promised that the panel would hold hearings and then likely
consider legislation to rein in portions of the Patriot Act.
"This goes above and beyond almost everything they've done already,"
Schumer said of the allegations in the report. "It shows just how this
administration has no respect for checks and balances."
House Majority Leader Steny H.
Hoyer (D-Md.) demanded that Justice Department officials be held
accountable but declined to specify if anyone should be fired or resign over
the revelations.
"It is not enough for this administration to claim that it is upset by
today's disclosures," he said. "It must also take full responsibility
for the errors that occurred, hold the appropriate officials accountable for
what happened, and, most important, ensure that it does not happen again."
Anthony Romero, executive director of the American Civil Liberties Union,
said the report shows the need for an independent investigation of the Justice
Department's anti-terrorism tactics.
"It confirms our greatest suspicions about the abuse of Patriot Act
powers and, specifically, national security letter powers," Romero said.
"The report is really only a description of the tip of the iceberg."
Staff writers