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National Security Letters — Part 1
Page 822
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subpoenas were forthcoming when they were never forthcoming, that blanket NSLs were
issued as a way of basically trying to clear up or cover up or in other words make up for
the failure to use correct processes in the past.
Assuming those are the facts, Inspector, doesn't that show a level of deliberateness and
intention that far exceeds what you describe in your report?
FINE:
It certainly shows us concern, and what were they thinking? They clearly were not
following the procedures. They clearly were not providing NSLs in advance or even quite
reasonably soon thereafter. And it did give us concern.
And there were a lot of people who did this. It was done as a sort of a routine practice,
which is in our view completely unacceptable.
But I am -- I think it is important for the FBI to ook at this and to interview these
people and find out what happened, up and down the line, and we will be locking at it as
well in 2006,
SCHIFF:
Well, even the false statements themselves, these exigent letters that said that
subpoenas were forthcoming when they weren't -- let me ask you, Ms. Caprom, tf a local
cop in the city of Burbank, in my district, wrote letters to the phone company or went out
and served letters on the phone company saying that federal grand jury subpoenas would
be forthcoming, because that loca! cop wanted to get information, that maybe they
couldn't get another way or couldn't get as quickly another way, and you learned about
this practice, that cop would be under federal investigation, wouldn't they?
CAPRONI:
Congressman, [ really don't know. I don't think you've given me enough facts to say
that whether that would or wouldn't be (inaudible).
SCHIFF:
Well, a local police officer, acting under color of federal law, demanding records that -
- claiming a federal process that's nonexistent, that wouldn't be an issue for federal
investigation?
CAPRONI:
It would certainly be troubling, much as the practices that were taking place in the
CAU unit are troubling.
SCHIFF:
Well, you know, having worked in the corruptions section in the U.S. attomey's m
L.A, I can tell you, it would be more than troubling. You'd have FB] agents assigned to
investigate that local cop.
It doesn't seem to me any different to have FBI agents giving telecommunications
providers letters saying that subpoenas are forthcoming when they're not.
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