January 22, 2010

FBI Director Robert Mueller

Yesterday, the Department of Justice's Inspector General released its latest report detailing extensive abuses of the FBI's massive surveillance powers. In particular, it looked at how the Bureau sought information about individuals telephone records through a special investigative tool called National Security Letters(NSLs).

The report found that the FBI broke federal law and violated its own guidelines designed to protect individuals civil liberties. According to the Washington Post, the Bureau collected more than 2,000 U.S. telephone call records from 2002-2006 citing non-existent terrorism emergencies or simply by pressuring phone companies. Worse still, FBI officials issued National Security Letters retroactively in order to justify their actions.

SEE: FBI Broke Law for Years in Phone Record Searches(Washington Post)

The DOJ Inspector General's enormous 289-page report examined over 700 requests for telephone information made by the FBI between 2002 and 2006. It found extensive abuses and violations of privacy laws, compounded by shoddy record-keeping of the requests and a systematic breakdown of oversight. The abuses were so extensive; they included an improper investigation of three reporters from the Washington Post and the New York Times. As a result, FBI Director Robert Mueller personally called the reporters to apologize directly. One can only hope that private citizens would get the same direct apology for such rampant abuses.

Systematic privacy and civil liberties violations by federal law enforcement agents not only undermine our national values, but they have also been deemed ineffective by the Inspector General's office. A March 2007 report from the Justice Department Inspector General found similar abuses of National Security Letters. Out of 143,074 National Security Letter requests made by the FBI during 2002-2006, only one contributed to a loose material support conviction. The report neither mentioned how the NSL request in that particular case contributed to the conviction, nor did it cite a single instance where an NSL request helped to prevent an actual terrorist plot.

By violating civil liberties and privacy laws, the FBI also undermines the fragile trust required for successful community partnerships that enhance national security. Yet, in the attempt to keep America safe and enforce the law, the FBI has repeatedly extended itself beyond its authority. There is no question the FBI must always stay one step ahead of those seeking to harm our country. However, in the process of keeping America secure, we cannot disregard the values that make it a free society. Continuing down such a slippery slope creates a lose-lose situation where our nation is neither free nor safe.

In order to continue to keep America secure while safeguarding civil liberties, Congress needs to step up its oversight efforts to rein in current and future abuse.