FBI Misused Spy Powers on U.S. Senator, Court Rules
The FBI Improperly Used Surveillance Powers on U.S. Senator, Court Opinion Reveals
The FBI has come under scrutiny for inappropriately searching for information on a U.S. senator using intelligence provisions intended for monitoring foreign nationals, according to a court opinion released on Friday.
The opinion from the Foreign Intelligence Surveillance Court stated that the FBI conducted searches on an unidentified U.S. senator, state senator, and judge using powers derived from Section 702 of the Foreign Intelligence Surveillance Act. However, the judge found that the conditions for the searches were not met, as reported by The Hill.
In June 2022, an analyst conducted four queries of Section 702 information using the last names of a U.S. senator and a state senator, without proper limitations, according to the court opinion from Judge Rudolph Contreras.
Section 702 allows intelligence agencies to obtain online communications of foreign nationals without a warrant.
The court acknowledged that a “specific foreign intelligence service” was investigating two of the individuals, but the FBI failed to provide the necessary criteria for the searches, as determined by the National Security Division at the Department of Justice.
One of the searches was conducted on a judge who had accused a police chief of civil rights violations.
According to the opinion, a “Staff Operations Specialist ran a query using the Social Security number of a state judge who ‘had complained to [the] FBI about alleged civil right violations perpetrated by a municipal chief of police.'”
Judge Contreras noted that the FBI has improved its application of the querying standard since these mistakes were revealed. However, previous documentation from the case indicates that Section 702 was misused over 278,000 times to collect information on American citizens.
The court opinion was released after the American Civil Liberties Union (ACLU) sued to make it public. The opinion, dated April 2023, highlights the need for fundamental reforms as Congress debates reauthorizing Section 702.
“The FBI continues to break the rules put in place to protect Americans, running illegal searches on public officials including a U.S. senator, and it’s long past time for Congress to step in. As Congress debates reauthorizing Section 702, these opinions make clear why fundamental reforms are urgently needed,” said Patrick Toomey of the ACLU National Security Project.
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FBI Director Christopher Wray has stated that the FBI has implemented substantial reforms regarding its use of Section 702.
“Compliance is an ongoing endeavor, and we recently announced new additional accountability measures,” Wray said. “We will continue to focus on using our Section 702 authorities to protect American lives and keeping our Homeland safe, while safeguarding civil rights and liberties.”
Section 702, first implemented in 2008, was renewed by then-President Donald Trump in 2018, despite his initial skepticism due to concerns over the discredited Steele Dossier. Intelligence officials have urged lawmakers to renew the powers, but some remain skeptical, particularly with concerns over a politicized FBI.
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