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National Security Letters — Part 1
Page 395
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ALL INFORMATION CONTAINED
HEREIN 15 UNCLASSIFIED
CONGRESSIONAL TRANSCRIPTS DaTE 6-12-2007 BY 6517S PMH/FSRSIW
March 20, 2007
House Judiciary Committee Holds Hearing on FBI Patriot Act Misuse
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CONYERS:
Good morning. Committee will come to order.
We're here for a hearing on the inspector general's independent report on the FBI's use
of national security letters.
Nearly six years ago, in the immediate aftermath of September 11th, the Department of
Justice told us that they needed significantly enhanced authority, while promising the
members of this committee in no uncertain terms that these new tools would be carefully
and appropriately used.
Two years ago, when the Patriot Act was reauthorized, they promised us there was not
a single instance in which the law had been abused.
Now, to underscore the importance of the reasons that we're holding this hearing, many
of us remember the times in the past when the power of our government has been abused:
in one war, led to the suspension of habeas corpus; another war, the noforious Palmer
raids; in World War II, the internment of Japanese Americans; in the Vietnam War, the
secret spying and enemy list.
[n my view, we are now in a period where we risk a continuation of these deplorable
acts and effect genuine harm to the Constitution and the rule of law.
One week ago, the inspector general told us that the exact opposite was true of the
promise that had been made that there was not a single instance when the Patriot Act was
being reauthorized that the law had been abused.
One tool in particular, the national security letters -- essentially, secret subpoenas
issued without any court review -- was used repeatedly to invade the privacy of law-
abiding Americans outside the law and proper legal process.
This was a serious breach of trust. The department had converted this tool into a handy
shortcut to illegally gather vast amounts of private information while at the same time
significantly underreporting its activities to Congress.
CONYERS:
We learned that the number of national security letter requests had increased from
8,500 in the year 2000 to in excess of 143,000 from the three-year period between 2003
and 2005.
The Department of Justice consistently provided inaccurate information to Congress
conceming the national security letters, failing to tdentify at least 4,600 security letter
requests to us.
The security letters were routinely issued without proper authorization, and outside
statutory and regulatory requirements.
The inspector general found that more than 60 percent of the investigatory files they
looked at included one or more violations of FBI policy.
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