DOJ IG Uncovers Widespread FBI Wiretapping Application Flaws
The FBI has exhibited extensive flaws in Foreign Intelligence Surveillance Act applications, DOJ Inspector General Michael Horowitz reported Tuesday. There were “apparent errors or inadequately supported facts” in all 25 randomly sampled applications. There were known issues with the investigation…
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of Carter Page, a former Trump campaign aide (see 2003300055). Senate Judiciary Committee Chairman Lindsey Graham, R-S.C., plans to have Horowitz testify. Disclosure of exculpatory information to a FISA court is a basic due process right, said Sens. Patrick Leahy, D-Vt., and Mike Lee, R-Utah, jointly. They will introduce an amendment for the Senate to consider to “expand amicus protections and address the issues identified.” Sen. Chuck Grassley, R-Iowa, urged the FBI to take procedures seriously: The bureau doesn’t have “carte blanche to routinely erode the liberties of Americans without proper justification.” For four of the 29 applications examined, the FBI wasn’t able to locate pertinent files involving Woods procedures, which require DOJ officials to verify information submitted to the FISA court matches FBI investigatory data. The findings raise “significant questions” about FBI compliance for ensuring applications are “scrupulously accurate,” the IG wrote, noting he doesn’t have confidence the FBI followed the procedures. This shows systemic FISA issues, said American Civil Liberties Union Senior Legislative Counsel Neema Singh Guliani: It’s “disappointing that despite repeated examples of deficiencies with our surveillance laws, Congress has failed to advance a strong surveillance reform bill.” Berkeley Center for Law & Technology Executive Director Jim Dempsey noted the report showed the “flaws are not politically motivated,” which makes them harder to solve: “The problems on display in the Carter Page process are widespread, calling into question the FBI's overall commitment to painting a full and fair picture in its FISA applications.”