Balkinization: Friday Bush Administration Bad News: FBI abused power to obtain business and personal records without prior judicial approval

Friday Bush Administration Bad News: FBI abused power to obtain business and personal records without prior judicial approval

The Justice Department Inspector General's Office now reports (here and here) that the FBI abused the administrative subpoena process, by which FBI agents can demand personal records without having to appear before a neutral magistrate. This is not the first time that the FBI's practices have come under scrutiny.

As usual with bad news from the Bush Administration, this material comes out on Friday in order to dampen media coverage. From the New York Times:

The F.B.I. has improperly used provisions of the USA Patriot Act to obtain thousands of telephone, business and financial records without prior judicial approval, the Justice Department’s inspector general said today in a report that embarrassed the F.B.I. and ignited outrage on Capitol Hill.

The report found that the bureau lacked sufficient controls to make sure that its agents were acting properly when they obtained records using administrative subpoenas, which do not require a judge’s prior approval. And the report found that the bureau does not follow some of the rules it does have on the matter.

Robert S. Mueller III, the director of the Federal Bureau of Investigation, called a news conference today to accept responsibility for the lapses, and to pledge his best efforts to see that they are not repeated.

“How could this happen?” Mr. Mueller asked rhetorically. “Who is to be held accountable? And the answer to that is, I am to be held accountable.”

Under the USA Patriot Act, the bureau has issued more than 20,000 demands for information known as national security letters. The report concluded that the program lacks effective management, monitoring, and reporting procedures.

You may recall that one of the effects of the USA Patriot Act was to ease the standards for obtaining records without a warrant. By easing the standards for issuing national security letters, it became even more imperative for someone outside the executive branch to make sure that these new powers were not being misused. However, you may also recall that one of the Bush Administration's infamous signing statements maintained that the Administration could refuse to provide information to Congress necessary for oversight of the FBI's use of national security letters under the USA Patriot Act.

I suspect it is time for a little Congressional oversight.

Posted 2:55 PM by JB [link]