« Previous | Main | Next »

Exclusive: Report Says FBI Violated Patriot Act Guidelines

March 08, 2007 8:26 PM

Ap_fbi_building2_nr The FBI repeatedly failed to follow the strict guidelines of the Patriot Act when its agents took advantage of a new provision allowing the FBI to obtain phone and financial records without a court order, according to a report to be made public Friday by the Justice Department's Inspector General.

The report, in classified and unclassified versions, remains closely held, but Washington officials who have seen it tell ABC News it documents "numerous lapses" and describe it as "scathing" and "not a pretty picture for the FBI."

FBI Director Robert Mueller is scheduled to brief Congress on the report at noon.

The officials say the inspector general found the FBI underreported by at least 20 percent the use of the controversial provision, known as National Security Letters, NSLs, in required disclosures to Congress.

The Patriot Act gave FBI agents the ability to demand telephone, bank, credit card and library records by issuing an administrative letter, bypassing the need to seek a warrant from a federal judge.

Click Here for Full Blotter Coverage.

Civil liberties groups have long opposed the provision, saying the lack of oversight could lead to the kinds of problems apparently uncovered by the inspector general. 

In a report last year, the Justice Department said there were 9,254 NSL requests on 3,501 persons in the calendar year 2005.

Some officials say the actual number is substantially higher.

The inspector general's report reportedly found "systemic" failures in the issuance, tracking and accountability of the controversial NSLs, although a Justice Department official said there was no finding of "willful or criminal misconduct."

FBI officials said they could not comment until the report was made public but said the FBI welcomed the findings because several of the reported problems were unknown to senior management.

"Expect a weekend firestorm," said one Justice Department official.

March 8, 2007 | Permalink | User Comments (61)

User Comments

Feed You can follow this conversation by subscribing to the comment feed for this post.

The Constitution is NOT a suicide pact!

Posted by: Lee Ellis

This is a false argument - you are suggesting that the *only* way to prevent this is to subvert the constitution. That is a bald faced lie. This administration could do just as others in the past have done, they choose not to. They claim this is in the name of protecting us - that is a lie. It is in the name of advancing a totalitarian society. Fearful authoritarians need the warm comfort of a daddy government to feel safe - perhaps this is you? It's a lie; no government can completely protect us.

Posted by: KH | Mar 9, 2007 8:09:33 AM

We have lost more people in Iraq than the number killed on 9/11.

The Administration's response to 9/11(the rationale presented to the public at least): the Patriot Act (and by extension, Warrant-less wiretapping), Guantanamo etc, etc ad nauseum- have placed this country in more danger than if we we're to have done nothing. What if our troops had all died on one day- in a "mushroom cloud"? If the Administration really believed there were WMD, wouldn't that be a trully stupid military move? Would that have shaken the public and, more importantly those in government to react to Bush's stumbling into a beehive but then escaping over a cliff? Talk about gambling.
And what about the original forged Niger documents? I mean, there are a myriad forged Iraq-Uranium sales receipts out there so one can never be too carefull!
And no, I don't digress: No 9/11, no pretext for all of the above. Including the over-stepping of authority by law enforcement.

Posted by: John Doe | Mar 9, 2007 8:16:02 AM

The PATRIOT Act is a rape and violation of the
Constitution, Bill of Rights, our unalienable rights, human rights and our sovereignty.

How much more proof do we need?

Posted by: Lady Liberty | Mar 9, 2007 8:58:27 AM

WHEN ARE THEY ALL GOING TO BE HELD ACCOUNTABLE???????!!!!!!!

Posted by: Angie | Mar 9, 2007 9:08:48 AM

Let's see... Clinton underwent impeachment proceedings for actions that, at worst, amounted to marital infidelity on the taxpayer's dime; Bush misleads the nation into a 4 yr. war costing 3,200 American lives and untold billions, selectively holds himself above the law by "signing statements" intended to subvert the intent of legislation he dislikes, turns the White House staff into a propaganda machine fond of leaking classified information when it furthers his political agenda and dismantles Constitutional protections by misuse of the FBI and side-stepping FISA for the pursuit of domestic intelligence gathering... and Congress IS NOT seriously considering impeachment? I guess these transgressions must fall somewhere between "high crimes" and "misdemeanors".

Posted by: Fred Chase | Mar 9, 2007 9:16:02 AM

This is for Eugene Burrow, who wrote, "It's not a big deal, the Patriot Act is a tool and 20% is not a lot to be concerned about." Barry Scheck is the director of the Innocence Project. In their first year they looked at 100 death row cases and found that 7 inmates could be exonerated and not die. That's 7 %, a small number. So, according to your logic, the death penalty is a tool and 7% is not a lot to be concerned about.

Posted by: DRA | Mar 9, 2007 9:22:53 AM

For all those that want to blame this on Bush, please remember that the same agents that have done this will still be around when the next President is elected. If Hillary is elected, get ready then to hear that the Hillary is the most crooked administration.

Posted by: Alan | Mar 9, 2007 9:43:08 AM

While somewhat remarkable that this comes as any surprise to anyone, it remains a clear example of those who warned against the Patriot Act and the inevitable lapses that would follow seeing what the sheeple would not allow themselves to think possible.

It was not only possible, it was a virtual certainty.

The surprising thing is actually FINDING OUT about it.

Posted by: FearAndSmear | Mar 9, 2007 10:01:13 AM

I have predicted for some time now that, when the time comes to go, the Bush Administration will attempt to stay. THAT'S HOW SCARY THE BUSH SITUATION HAS BECOME FOR ME! We are on a slippery slope with these folks, America, and we need to be ever vigilant and aware of each and every bit of news we are able to receive about them.

Posted by: Pat Gresham | Mar 9, 2007 10:16:18 AM

THIS IS TO EVERYONE WHO WANTS TO KNOW WHY AMERICA WONT JUST "WAKE UP!"

Hey guys we're ALREADY AWAKE! Let's do something! Write opinion articles, create alternative institutions to fight these things. Voice your dissent to everyone you know! Go to a protest in the next few weeks! Start talking impeachment to everyone you know.

We desperately need to start redefining the meta-narrative of our national psyche. They've got us thinking no one cares but 2/3rds or so of this nation are against the Wars, and everything else mentioned here!

Let's get into the streets, the homes, the work place and say NO! NO MORE!

2007=1984

Posted by: GS | Mar 9, 2007 10:16:51 AM

Think back on how many times you've heard from some poor uninformed republican this statement "Oh the president his policies and practices that 'stuff' its only politics as usual right." They're like Lemming's looking for a cliff refusing to see and hear for it would show that all their life in the party has been for naught after this band of Neo-Cons stole their parties Heart and soul all for an Ideology of Neo-Liberalism a policy that abandons the god and family they purport to support in favor of a consume and shop market driven life of ignorant bliss as if that were god's will. All this forces surrender and acquiescence at the foot of Corporate Fascism.

Posted by: Joe Doe | Mar 9, 2007 10:17:29 AM

i knew all along any mall security cop could waltz into a bank and yell terror and the managers would wheel the records out to thier mini van....often including sexual favors...seems it took ya long enuff to catch on that its a police state.like you expected competent honest results form your fascist hijacked corporate govt?
you people will believe ANYTHING for oil wont ya.

Posted by: antibarby | Mar 9, 2007 10:19:11 AM

Lee Ellis said "It is obvious that you would prefer terrorist sleeper cells here in America to enable their suicide bombers to operate freely without such rapid FBI investigations. The Constitution is NOT a suicide pact!"

It's real simple, if you don't like the US Constitution, GET OUT! It is our law of the land, if you don't want to follow it move on to another country.

This has nothing to do with sleeper cells of terrorists, this has do do with power a power grab by people who do not respect our law. (Neo-Cons) If you've paid attention lately you probably also read the story about how this administration was using it's NSA powers to spy on government officials and congress. Is congress now a sleeper cell? Granted they were asleep the last 6 years.

Posted by: JJL | Mar 9, 2007 10:25:10 AM

Remember GW Bush and Cheney need hundreds of yes men to accomplish all this secrecy, and to slander and ruin careers, and to mislead and control the press. Shame on all you yes men for being loyal to a party while tearing down our country. Christian/Republican? - oh please, God help us!

Posted by: Gethemout | Mar 9, 2007 10:28:30 AM

For all those that want to blame this on Bush, please remember that the same agents that have done this will still be around when the next President is elected. [...]

Posted by: Alan

As others have noted on various blogs, Bush placed a signing statement on the 2006 reporting requirement that said he didn't have to follow it. So no, it isn't the agents, it's the man at the top that has flouted the law.

Posted by: KH | Mar 9, 2007 10:29:32 AM

Eugene Burrow:
You're absolutely right... the Patriot Act is just a tool, and 20% is nothing to worry about. Just like genocide is just a tool, and 20% of a population gone missing is not a lot to be concerned about.

Robert Reese~

Posted by: Robert Reese | Mar 9, 2007 10:29:55 AM

Will congress ask Director Mueller what his previous expereince as a San Francisco U.S. Attorney would have prepared him for this wide spread abuse?

Posted by: James | Mar 9, 2007 10:33:39 AM

Further proof that Chimpy and his thugs are all criminals.

Now they have corrupted the FBI, one of the last remaining Federal agencies to stand up to the Chimp. (It was FBI agents who first protested torture and abuse at Abu Ghraib and Gitmo).

Chimpy is a crook and should be Chimpeached. Cheney too.

Posted by: Tom3 | Mar 9, 2007 10:39:20 AM

You cannot run the government on the honor system when some people in the government have no honor.

The Admiral from Bears Swamp.

Posted by: James A. Rogerson | Mar 9, 2007 11:00:06 AM

"there was no finding of "willful or criminal misconduct."

Though, obviously, there was "wilfull" conduct whether they acknowledge it with their "finding" or not. And there must be some "criminal misconduct" in there that should be prosecuted--especially if the pattern was approved by managers, which I have no doubt it was.

There are a long string of present and former officials in this administration who must be prosecuted for war crimes and felonies related to their countermanding of the constitution. I hope Congress will get started on the investigation process because it will take a while to bring these people to justice...

Posted by: Rich | Mar 9, 2007 11:04:45 AM

Post a comment