In many ways, it was the scandal that got away. In March, we learned that Bush Justice Department, more specifically the FBI, was engaged in widespread, illegal misuse of “national security letters” (NSLs).
Using NSLs, the FBI has the power to obtain secret information about Americans — including phone calls, internet visits, even credit ratings — whether they’re suspected of wrongdoing or not. Officials can probe personal information without the consent, or even knowledge, of a judge.
There are, however, some laws and internal Justice Department regulations to regulate how the NSLs are obtained by law enforcement officials. As it turns out, the FBI violated these laws. What’s more, while DoJ officials claimed they didn’t realize the agency was ignoring the NSL safeguards, the truth was that their own lawyers had been warning them about abuse, but officials ignored the concerns.
This week, however, the Washington Post ran a front-page piece explaining that the illegal abuse at the FBI is bigger, more widespread, and more scandalous than anyone outside the DoJ realized — an internal audit found more than 1,000 abuses while reviewing 10% of NSL investigations since 2002. If the statistical sample is representative, weâre looking 10,000 instances of FBI agents obtaining information about Americans that they could not legally receive.
When this controversy first emerged in March, the problem drew bi-partisan criticism, but was quickly forgotten. Even after FBI Director Robert Mueller conceded that the bureau had been breaking the law, there was far more interest in the scandal surrounding purged U.S. Attorneys, and the FBI mess was quickly brushed off the front page (and the political world’s radar).
But in light of a little-noticed court ruling the day after the Post article, we’ll likely learn quite a bit more about this controversy, too. (thanks to reader R.S.)
Just one day after a news that an internal audit found that FBI agents abused a Patriot Act power more than 1,000 times, a federal judge ordered the agency Friday to begin turning over thousands of pages of documents related to the agency’s use of a powerful, but extremely secretive investigative tool that can pry into telephone and internet records.
The order for monthly document releases commencing July 5 came in response to a government sunshine request by [the Electronic Frontier Foundation], which sued in April over the FBI’s foot-dragging on its broad request.
Something to keep an eye on.
