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National Security Letters — Part 1
Page 399
399 / 1188
Tt would have given notice to the target of the NSL if the government later seeks to use
the records obtained from the NSL against him or her in a subsequent proceeding. And it
would have given the target an opportunity to receive legal counsel and challenge the use
of those records.
The bill would also have authorized the FBI to obtain documents that it legitimately
needs while protecting the privacy of law-abiding American citizens.
The abuses by the DOJ and the FBI are proving that these legislative fixes are a
necessary check on the investigatory power. We do not trust govemmment always to be run
by angels, especially not this administration.
It is not enough to mandate that the FBI fix internal management problems and
recordkeeping, because the statute itself authorizes the unchecked collection of
information on innocent Americans. Congress must act now to fix the statute authorizing
~ ‘the abuses revealed in the 1G. report and to hold those responsible for these abuses and
violations accountable.
Thank you. TI yield back.
CONYERS:
Thank you.
The chair recognizes the distinguished gentleman from Arizona, the ranking minority
member of the Constitution Subcommittee, Trent Franks, for two and one-half minutes.
FRANKS:
Well, thank you, Mr. Chairman.
Mr. Chairman, today our task is a vital one: to check and balance our sister branch of
government through oversight and to ensure citizens’ rights are being properly
safeguarded.
Today's subject is somewhat delicate because we must all walk a fine line. ln our grave
and critical responsibility to prevent jihadist atlacks upon American citizens, we musl
also be careful to strike the proper balance between vigilance and fighting the enemy on
the one side of the scales and the preservation of citizens’ rights on the other.
The report of the inspector general that we review today is hopeful. We see that while
there are human imperfections in the FBI's operation, there was an overall finding that the
FBI is indeed carrying out its duties responsibly, there being no evidence of any
intentional or deliberate act to violate the law, and that NSLs are performing their vital
function as a valuable tool in national security investigations.
FRANKS:
To put today's hearing in perspective, we should keep in mind that the issuance of
NSLs under the Patriot Act is a relatively new process, given that the Patriot Act is only a
few years oid and that this new use of NSLs will necessarily require a careful
examination of their best and most appropriate use in this early period.
Certainly, we will have to work out the kinks, given that we are most likely in the
business of fighting terror for a long time to come.
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