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National Security Letters — Part 1
Page 396
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But worse, the inspector general found even more widespread abuses concerning the
so-called exigent letters, that is emergency requests for telephone and other data. An
exigent letter, as opposed to a national security letter, is meant to obtain information in an
extreme emergency, like a kidnapping when the bureau has already sought subpoenas for
ihe requested information. Bul the FBI issued these letters in nonemergencies as a means
to bypass the requirements of the national security letter procedure.
And so, as if it wasn't troubling enough, in many instances the bureau attempted to
issue after-the-fact national security letters to cover their tracks on their use of exigent
letters.
The inspector general specifically found that the exigent letters were ordinarily issued
when there was no emergency present, and very often when there was nol even a pending
investigation.
More often than not, the letters were issued based on promises that subpoenas were in
the process of being issued when that was not the case, and even though some subpoenas
were never issued at all.
CONYERS:
The Federal Bureau of Investigation made numerous factual misstatements in the
letters, which were frequently issued in violation of the statute as well as the attorney
general and FBI guidelines.
The recordkeeping was so poor that it was impossible for the 1.G. to document how
and why all these problems occurred,
And what disturbs me most is that the abuse and misuse of these security letiers is not
an isolated instance. It appears to be apparent of a pattern which the Department of
Justice has violated not only our trust, but the very laws which they are charged with
enforcing.
And so I hope -- from the approval of the notorious torture memos to warrantless and
illegal surveillance to wrongful smearing of able U.S. attorneys, this Department of
Justice has squandered its reputation for independence and integrity.
The attorney general needs to understand that wiih power comes responsibility and
with authority must come accountability.
] would like now to turn to the distinguished gentleman from Texas, the ranking
member of this committee, Mr. Lamar Smith.
SMITH:
Thank you, Mr. Chairman.
Mr. Chairman, I appreciate your holding this hearing on the inspector general's report
on the FBI's use of national security letters. The inspector general should be commended
for conducting a thorough audit as directed by Congress in the Patriot Act
reauthorization.
The report raises concerns as to the FBI's internal recordkeeping and guidelines for the
use of NSLs in terrorism and espionage investigations.
Itis clear from the report that these deficiencies are the result of the poor
implementation and administration of national security letter authority. In other words,
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