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National Security Letters — Part 1
Page 841
841 / 1188
So they were on thetr own tn the advice they were giving of a legal nature to the agents
and the special agents in charge to whom they report.
CAPRONI:
On a reporting basis. they do not report to me. I do not supervise them. I am in charge
of the legal program. So we provide the CDCs -- that's their ttle -- we provide them with
substantial legal advice, and they frequently call us when they have questions. But I do
not rate them, and they do not report to me.
I don't hire them, I don't fire them.
(UNKNOWN)
i know, but what I'm trying to figure out is ifthese attorneys report to the SAC, does
that make it more difficult for them to tell the SAC that he or she's wrong when they're
asking for one of these letters’?
CAPRONI:
That's the concern that Mr. Fine has raised. 1 mean, I...
(UNKNOWN)
Well, do you share that concem?
CAPRONI:
I do share that concern.
(UNKNOWN)
And could that be one of the real problems we've got here?
CAPRONI:
I will say there are arguments both ways, Congressman. It is not -- and the reason I say
that is because | report to the director of the FBI, and I don't have any problem telling the
director of the FBI my legal advice. And if he doesn't like it, it’s still my legal advice.
That's what the CDCs should he doing. But whether they...
(UNKNOWN)
But at least my experience has been SACs are pretty important people in their various
offices and most people generally think they're the top dog. And we have this problem
where, apparently, good legal advice either was not given or not accepted, and maybe
that is something we ought to look at, if you folks won't look at it.
CAPRONI:
Again, we are actively looking at that very question, of whether the CDC reporting
structure should change.
(UNKNOWN)
And I thank the gentleman trom California for yielding, although he's not here to
receive it back.
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