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FBI Acknowledges: Journalists' Phone Records are Fair Game

May 16, 2006 12:25 PM

The FBI acknowledged late Monday that it is increasingly  seeking reporters' phone records in leak investigations.

"It used to be very hard and complicated to do this, but it no longer is in the Bush administration," said a senior federal official.

The acknowledgement followed our blotter item that ABC News reporters had been warned by a federal source that the government knew who we were calling.

The official said our blotter item was wrong to suggest that ABC News phone calls were being "tracked."

"Think of it more as backtracking," said a senior federal official. 

But FBI officials did not deny that phone records of ABC News, the New York Times and the Washington Post had been sought as part of a investigation of leaks at the CIA.

In a statement, the FBI press office said its leak investigations begin with the examination of government phone records.

"The FBI will take logical investigative steps to determine if a criminal act was committed by a government employee by the unauthorized release of classified information," the statement said.

Officials say that means that phone records of reporters will be sought if government records are not sufficient.

Officials say the FBI makes extensive use of a new provision of the Patriot Act which allows agents to seek information with what are called National Security Letters (NSL).

The NSLs are a version of an administrative subpoena and are not signed by a judge. Under the law, a phone company receiving a NSL for phone records must provide them and may not divulge to the customer that the records have been given to the government.

May 16, 2006 | Permalink | User Comments (180)

User Comments

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I read the previous story about the Bush administration looking into reporters' phone records and I became concerned about my First Amendment being threatened. Then I read the comments below it and realized how many people are willing to let hang the people who take risks for them everyday. That's evident in the state of our newspaper industry as well; journalists who have been working for decades to defend the public's right to know are being laid off because of public apathy. What's worse, some voters who won't pick up a paper to become informed want to deny the rest of the population that right. Saying that journalists need to be watched so they don't say anything bad about this administration is the antithesis of patriotism. Maybe it's time for those people to reread the Constitution, or perhaps read it for the first time.

Posted by: Reporter | May 16, 2006 8:30:42 AM

If companies are required by law to provide phone records to the government how is it that Qwest was able to refuse without prosecution? Or should we just stay tuned?

Posted by: Don Fleming | May 16, 2006 8:38:09 AM

I would hope that at least this instance of government wrongdoing gets the media's attention.

Posted by: JAMES E BROWN JR | May 16, 2006 8:41:22 AM

Why was this not the lead story last night? It wasn't even 2nd, 3rd, or 4th. Oh wait, it didn't event make the broadcast.

Posted by: Josh | May 16, 2006 8:46:11 AM

The press is not immune from criminal investigations. You can't claim to be a whistleblower if your own act of leaking information is illegal. A true whistleblower would be the person who turned in the leaker.

Posted by: Tom | May 16, 2006 8:51:06 AM

Is the U.S. Government more afraid of "terrorists" or of a non-violent Revolution to form a new Government.
I believe this is clearly a government terrified of its own citizens! I have no problem with being surveiled for speaking truth to power about a Government at the pinnacle of obscenity. Put me on all the god damn lists you want! I've been reading and re-reading the Declaration of Independence lately, if I went out on the street corner and started reading it I would be arrested for trying to incite a riot! I'm the Patriot, Tyrant Bush is the terrorist, who are you? DOWN WITH KING GEORGE - FREEDOM! USA! USA! USA! USA! USA!

Posted by: crusader bunnypants | May 16, 2006 8:53:40 AM

Why not, isn't that what reporters do to other people.

Posted by: Mike | May 16, 2006 8:56:06 AM

The Bush administration is, by far, the most dangerous threat to our form of goverenment since its inception.
All conscious citizens are frightened. Suppose he has the Supreme Court invalidate inconvenient elections. The country has allowed this 'silent' coup to take place.
To see the polls showing 40% don't get it and the press acting as if the left leaning attitude of the country is an abberation - this is a g'dam nightmare.

Posted by: Rober Austin | May 16, 2006 8:59:06 AM

I was right. During the war against Irak I told some Danes, that after the end of it they would be back enjoying free speech, but the poor Americans had lost theirs forever with the patriot act. I sometimes HATE to be right.

Posted by: Irene Decker | May 16, 2006 9:16:24 AM

News outlets should be very worried, as all of us should be, with the way this administration is encroaching unchecked into our lives and businesses. Please stand up and speak out - our way of life is at stake. Millions are paying attention. We can stop this administration only if you expose what is going on.

Posted by: Molly Blaschke | May 16, 2006 9:28:54 AM

America the free!! inorisonment without due process.. walls around your borders.. extrodinary extridition... and everyones phone calls are now tracked..

Way to go Bush.. way to go freedom loving people who voted for him..
Exactly what "FREEDOM" are you trying to export with your wars in evrybody elses land..??

Posted by: zar Nine | May 16, 2006 9:32:56 AM

The FBI is breaking the law in order to define whether an American citizen is breaking the law? Go figure.

Posted by: Laura Hurtt | May 16, 2006 9:35:23 AM

Almost there, Once the Government has those who report on it under their thumb They can do anything without fear of reprisal! Viva The Desider!

Posted by: Ronnie | May 16, 2006 9:39:52 AM

This is part of a very disturbing trend in this country, under this administration.
Sadly, the American people are not outraged by the civil liberties and rights that are being taken away in the face of fear, and therefore allow it to happen.

Posted by: Kris Dreessen | May 16, 2006 9:40:09 AM

And yet, ABC and the msm will find a way to spin this in Bush's favor... .

Posted by: Slappy | May 16, 2006 9:44:11 AM

Enjoy the irony. This is what happens when the MSM rolls over and plays dead for 5+ years while the administration erodes our rights. Doesn't feel so good, does it? Enjoy the world you helped create because you were afraid of losing "access."

Posted by: James | May 16, 2006 9:48:00 AM

These are scary times. Here is Big Brother and the Secret Police, but where is the outcry? There was a time when both sides of the political spectrum decried government snooping and dirty tricks. Now, 4 hijacked planes and a steady diet of fear has turned this country toward an authoritarian government, without public resistance.

Apparently, democracy was only a veneer that sounded nice, but nobody really believed in. How easily our leaders have betrayed all those who fought and died over the centuries for the higher goals and aspirations of this country. America, you are giving up your freedoms, liberties and civil rights for the illusion of security.

The terrorists won.

Posted by: Singh Lowd | May 16, 2006 9:48:16 AM

This is the beginning of facism.

Posted by: Jocelyn | May 16, 2006 9:55:44 AM

The next step is to give every American an ID card and make it a felony not to have it on your person at all tmes. Why not make it a reason for probable cause so that all can be searched at any time. (I hope you know I am being sarcastic? Trouble is I believe the government is headed in this direction with the introduction of the "Tamper Proof" "Green Card")

Posted by: mwe3wm | May 16, 2006 10:00:31 AM

Brian Ross is a treasure. I looked for this story on the news last night and on Nightline. This is a BIG story. Younger people have to be educated as to how important a free press is. If ABC, the Times, and the Post aren't going to sue over this, the slippery slope just became 180 degrees.

Thank you,
Maureen Marr

Posted by: M.F. Marr | May 16, 2006 10:02:33 AM

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