WASHINGTON - An internal Justice Department report accuses the FBI of
underreporting its use of the Patriot Act to force telecommunications and
financial firms to turn over customer information in suspected terrorism cases,
according to officials familiar with its findings.
An internal Justice Department report accuses the FBI of
underreporting its use of the Patriot Act to force businesses to turn over
customer information in terrorism cases, according to officials familiar
with its findings. [AP]
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Shoddy bookkeeping and records management
led to the problems, said one government official familiar with the report. The
official said FBI agents appeared to be overwhelmed by the volume of demands for
information over a two-year period.
"They lost track," said the official who like others interviewed late
Thursday spoke on condition of anonymity because the report had not been
released.
The errors are outlined by Justice Department Inspector General Glenn A. Fine
in an audit to be released on Friday. The audit requirement was added to the
Patriot Act by Congress over the objections of the Bush administration.
The FBI in 2005 reported to Congress that its agents had delivered a total of
9,254 national security letters seeking e-mail, telephone or financial
information on 3,501 US citizens and legal residents over the previous two
years. Fine's report, according to officials, says that number was underreported
by 20 percent.
It was unclear late Thursday whether the omissions could be considered a
criminal offense. One government official who read the report said it concluded
the problems appeared to be unintentional and that FBI agents would probably
face administrative sanctions instead of criminal charges.
The FBI has taken steps to correct some of the problems, the official said.
The Justice Department, already facing congressional criticism over its
firing of eight US attorneys, began notifying lawmakers of the audit's damning
contents late Thursday. Spokesmen at the Justice Department and FBI declined to
immediately comment on the findings.
FBI Director Robert Mueller was to brief reporters on the audit Friday
morning, and Attorney General Alberto Gonzales was expected to answer questions
about it at a privacy rights event in Washington several hours later.
Sen. Charles E. Schumer, a member of the Senate Judiciary Committee that
oversees the FBI, called the reported findings "a profoundly disturbing breach
of public trust."
"Somebody has a lot of explaining to do," said Schumer, D-N.Y.
Fine's audit also says the FBI failed to send follow-up subpoenas to
telecommunications firms that were told to expect them, the officials said.
Those cases involved so-called exigent letters to alert the firms that
subpoenas would be issued shortly to gather more information, the officials
said. But in many examples, the subpoenas were never sent, the officials said.
The FBI has since caught up with those omissions, either with national
security letters or subpoenas, one official said.
National security letters have been the subject of legal battles in two
federal courts because recipients were barred from telling anyone about them.
The American Civil Liberties Union sued the Bush administration over what the
watchdog group described as the security letter's gag on free speech.
Last May, a federal appeals judge in New York warned that
government's ability to force companies to turn over information about its
customers and keep quiet about it was probably unconstitutional.