Gonzales, Mueller admit FBI broke law
By LARA JAKES JORDAN, Associated Press Writer
Sat Mar 10, 7:54 AM ET
The nation's top two law enforcement officials acknowledged Friday the FBI broke the law to secretly pry out personal information about Americans. They apologized and vowed to prevent further illegal intrusions.
Attorney General Alberto Gonzales left open the possibility of pursuing criminal charges against FBI agents or lawyers who improperly used the USA Patriot Act in pursuit of suspected terrorists and spies.
The FBI's transgressions were spelled out in a damning 126-page audit by Justice Department Inspector General Glenn A. Fine. He found that agents sometimes demanded personal data on people without official authorization, and in other cases improperly obtained telephone records in non-emergency circumstances.
The audit also concluded that the FBI for three years underreported to Congress how often it used national security letters to ask businesses to turn over customer data. The letters are administrative subpoenas that do not require a judge's approval.
"People have to believe in what we say," Gonzales said. "And so I think this was very upsetting to me. And it's frustrating."
"We have some work to do to reassure members of Congress and the American people that we are serious about being responsible in the exercise of these authorities," he said.
Under the Patriot Act, the national security letters give the FBI authority to demand that telephone companies, Internet service providers, banks, credit bureaus and other businesses produce personal records about their customers or subscribers. About three-fourths of the letters issued between 2003 and 2005 involved counterterror cases, with the rest for espionage investigations, the audit reported.
Shoddy record-keeping and human error were to blame for the bulk of the problems, said Justice auditors, who were careful to note they found no indication of criminal misconduct.
Still, "we believe the improper or illegal uses we found involve serious misuses of national security letter authorities," the audit concluded.
FBI Director Robert S. Mueller said many of the problems were being fixed, including by building a better internal data collection system and training employees on the limits of their authority. The FBI has also scrapped the use of "exigent letters," which were used to gather information without the signed permission of an authorized official.
"But the question should and must be asked: How could this happen? Who is accountable?" Mueller said. "And the answer to that is, I am to be held accountable."
Mueller said he had not been asked to resign, nor had he discussed doing so with other officials. He said employees would probably face disciplinary actions, not criminal charges, following an internal investigation of how the violations occurred.
The audit incensed lawmakers in Congress already seething over the recent dismissals of eight U.S. attorneys. Democrats who lead House and Senate judiciary and intelligence oversight panels promised hearings on the findings. Several lawmakers — Republicans and Democrats alike — raised the possibility of scaling back the FBI's authority.
"It's up to Congress to end these abuses as soon as possible," said Sen. Edward M. Kennedy, D-Mass., who sits on the Senate Judiciary Committee. "The Patriot Act was never intended to allow the Bush administration to violate fundamental constitutional rights."
Rep. Pete Hoekstra, top Republican on the House Intelligence Committee, said the audit shows "a major failure by Justice to uphold the law."
"If the Justice Department is going to enforce the law, it must follow it as well," said Hoekstra, of Michigan.
The American Civil Liberties Union said the audit proves Congress must amend the Patriot Act to require judicial approval anytime the FBI wants access to sensitive personal information.
"The attorney general and the FBI are part of the problem, and they cannot be trusted to be part of the solution," said ACLU's executive director, Anthony D. Romero.
Both Gonzales and Mueller called the national security letters vital tools in pursuing terrorists and spies in the United States. "They are the bread and butter of our investigations," Mueller said.
Gonzales asked the inspector general to issue a follow-up audit in July on whether the FBI had followed recommendations to fix the problems.
Fine's annual review is required by Congress, over the objections of the Bush administration. It concluded that the number of national security letters requested by the FBI skyrocketed in the years after the Patriot Act became law. Each letter issued may contain several requests.
In 2000, for example, the FBI issued an estimated 8,500 requests. That number peaked in 2004 with 56,000. Overall, the FBI reported issuing 143,074 requests in national security letters between 2003 and 2005.
But that did not include an additional 8,850 requests that were never recorded in the FBI's database, the audit found. A sample review of 77 case files at four FBI field offices showed that agents had underreported the number of national security letter requests by about 22 percent.
Additionally, the audit found, the FBI identified 26 possible violations in its use of the letters, including failing to get proper authorization, making improper requests under the law and unauthorized collection of telephone or Internet e-mail records.
The FBI also used exigent letters to quickly get information — sometimes in non- emergency situations — without going through proper channels. In at least 700 cases, these letters were sent to three telephone companies to get billing records and subscriber information, the audit found.
FBI chief Mueller lied to Senate about key-logging
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“There are known knowns. These are things that we know. There are known unknowns. That is to say, there are things that we know we don’t know. But there are also unknown unknowns. There are things we don’t know we don’t know.” - Donald Rumsfeld
"THE LAWBREAKERS ARE IN CHARGE OF THE LAW"
"The two enemies of the people are criminals and government, so let us tie the second down with the chains of the Constitution so the second will not become the legalized version of the first".
Thomas Jefferson
"We are potentially the most dangerous agency in the country,"
FBI Director Louis Freeh - testimony before the House Judiciary Subcommittee on Crime on June 5, 1997.
1997 - "Lawsuit charges DOJ collusion with Russian Mafia"
Words cannot describe the horror he and his wife went through when they discovered that FBI and INS agents worked on behalf of former KGB officers in the Russian Mafia to have him returned through extralegal means to Russia. Both the FBI and the INS are part of the Justice Department.
Presiding Judge T.S. Ellis, III, found the evidence "disturbing." So much so, that on August 26 he ordered the Justice Department's Office of Professional Responsibility to investigate official wrongdoing.
Alexandre Konanykhine explains that the stakes are on an entirely different scale. "It's not about how much Russians gave to the Democrats, it's about how much the Democrats gave to Russians.
"The FBI spent $3 million of your tax money to blow up the World Trade Center." - Joseph Farah
| Tapes in Bombing Plot Show Informer and F.B.I. at Odds By RALPH BLUMENTHAL The New York Times Section A; Page 1; Column 4; Metropolitan Desk October 27, 1993, Wednesday, Late Edition - Final
The informer at the center of the Government's case in the plot to bomb New York City landmarks had a volatile relationship with his handlers, often quarreling with F.B.I. agents who used him to infiltrate a group of Muslim extremists who have been charged in the plot, according to transcripts of secretly taped conversations.
"You were informed. Everything is ready. The day and the time. Boom. Lock them up and that's that. That's why I feel so bad."
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Transcripts of the hundreds of hours of tapes -- which were recorded by the informer, Emad A. Salem, without the knowledge of the F.B.I. -- were distributed to defense lawyers yesterday. Although Judge Michael B. Mukasey ordered the lawyers to keep them secret, a copy of the transcripts was made available to The New York Times. The tapes offer a rare glimpse into the sensitive relationship between the confidential informer and the law-enforcement officals with whom he worked. They also reveal for the first time how Federal and police agents instructed him to "pump up" a suspect for information and negotiate a $1 million fee from the Government for his services. Scattered through the hundreds of pages of transcripts are many instances in which the Government agents appear to encourage Mr. Salem to lead the suspects to incriminate themselves. Defense lawyers have long contended that the Government crossed a legal line, instructing Mr. Salem in a fishing expedition that became entrapment. Although the bulk of the transcripts does not appear to show the agents steering Mr. Salem toward improper or illegal conduct, whether they did so finally will be resolved in court. Many New Details Among the details included in the transcripts are the following: *A reference by Mr. Salem to 12 possible bombs and hitherto unmentioned targets, including Grand Central Terminal, the Empire State Building and Times Square. *A New York City police detective working with the F.B.I. told Mr. Salem, who was getting $500 a week from the Government, that if he wanted a $1 million informer's fee, he should press for $1.5 million and then negotiate. *An unusual suggestion that some of the money sought by Mr. Salem was going to be put up by private individuals. *A reference from Mr. Salem, in a conversation with an F.B.I. agent, to an argument between F.B.I. officials over whether Mr. Salem should remain an unidentified informer or surface as a witness to testify at trial. *A major defendant in the World Trade Center trial was tipped off by a neighbor to an elaborate F.B.I. ruse to search the Brooklyn apartment of another suspect, Mahmud Abouhalima, and replace explosives in his apartment with false explosives supplied by the F.B.I. *Sheik Omar Abdel Rahman, a defendant in the second bombing case, was using a fax machine to command anti-Communist Muslim rebels, moving forces from Pakistan to Afghanistan and dealing with a code-named agent from Hamas, the militant Palestinian group, Mr. Salem told the F.B.I. The transcripts cover Mr. Salem's dealings with the suspects and his work for the Government over a period of at least two years, going back to the trial in the killing of Rabbi Meir Kahane. Mr. Salem recorded the conversations with Government agents on his own, without the knowledge or consent of his contacts in the F.B.I., apparently to use as an insurance policy to hold the Government to its promises of money and protection. Some of the most striking passages in the transcripts show Mr. Salem agonizing over what he suggests was the failure of the F.B.I., despite his information, to halt the Feb. 26 bombing of the trade center, in which six people were killed. Although Mr. Salem is not a witness in that case, he was working with the Government at that time. "They told me that 'we want to set this,' " Mr. Salem said, referring to the bomb in a conversation on April 1 with John Anticev, one of the F.B.I. agents he reported to, and sometimes complained to others about. " 'What's the right place to put this?' " Then he added, still speaking to the agent: "You were informed. Everything is ready. The day and the time. Boom. Lock them up and that's that. That's why I feel so bad." Federal officials have acknowledged in the past that they dropped Mr. Salem as an informer sometime before the trade center bombing over what they said was his reluctance to wear a body recorder, as well as other disagreements. They said he never provided detailed information of the attack in advance but that they began using his services again after the bombing and credited him with foiling the related but separate plot to bomb the United Nations, Holland and Lincoln tunnels and the Federal building housing the F.B.I. in Manhattan. The case is expected to come to trial next year, perhaps shortly after the end of the related trial of four men charged with bombing the World Trade Center. As the most important witness, Mr. Salem is expected to be called upon to verify tapes he made of conversations with suspects and testify on his dealings with them. | In several instances, the transcripts show Mr. Salem lecturing Federal agents on how to do their jobs, criticizing their surveillance and interview techniques. In one instance, he suggests that they tell a possible source that his phone was tapped, when in fact it was not, and that they confront the man and push him hard for information. "Don't give him a chance to think," Mr. Salem is quoted as saying. "If he will think it's, 'I want my lawyer.' Then bingo, you are gone." Aid for Defense? By creating the so-called bootleg tapes, Mr. Salem has given ammunition to defense lawyers who argue that he entrapped the 15 defendants charged with conspiring to bomb New York City landmarks. In one instance that shows how Mr. Salem was prompted by Federal agents, Mr. Anticev is quoted as saying, "You know, pump, maybe kind of pump him up a little bit." The agent tells Mr. Salem to stress "the loyalty to his cousin." The target in that instance, Ibrahim A. Elgabrowny, is a cousin of the man who was charged with shooting Mr. Kahane and now a defendant in a plot to bomb New York City targets. In another instance, Mr. Anticev is quoted as instructing Mr. Salem to press to learn whether Mr. Elgabrowny or his associates were hiding explosives. He is quoted as telling Mr. Salem not to worry about being exposed as the source of the information. "We'll just know where stuff exists and where it is," Mr. Anticev is quoted as saying. "And then we'll make our move." "There's no danger, you know," he says later. "We can be sneaky and take our time." Mr. Salem has dropped from sight since the June arrests, and an effort to get in touch with him through the witness protection program of the Federal Marshals Service was rejected. But a member of the defense team said he was spotted within the last month in Manhattan. Mr. Salem, a 43-year-old former Egyptian Army officer and confidant of the radical Egyptian cleric, Mr. Abdel Rahman, surfaced as the Government's mole after a June 24 F.B.I. raid on a Queens garage that the Government said smashed an extremist Muslim plot to blow up the United Nations, Lincoln and Holland tunnels and the Manhattan Federal building housing the F.B.I., and to assassinate Senator Alfonse M. D'Amato and State Assemblyman Dov Hikind, among other targets. The unauthorized tapes came to light immediately after the raid as Mr. Salem hurriedly evacuated his West Side Manhattan apartment and was quickly identified by associates of the sheik and by law-enforcement authorities as the "confidential informant" who had secretly gathered evidence, including many tape-recorded conversations, against those later charged as conspirators in the case. Tapes Left Behind In the belongings Mr. Salem left behind either carelessly or by design were cassettes of the tapes he had secretly recorded with the F.B.I. Because these could shed light on the prosecution's evidence-gathering methods to the point of possible entrapment, defense lawyers convinced Judge Mukasey that they should gain access to this material as well as to Mr. Salem's authorized recordings, turned over earlier. Even before he came in from the cold of his undercover role in June, the burly, bearded Mr. Salem was an enigmatic figure, a private investigator who supported himself as a jewelry designer, a security guard for the sheik who freely gave interviews to news reporters. Officials in Cairo say he entered the Egyptian Army as a private and during an 18-year career fought in the 1973 war with Israel and was "pensioned out" as a senior officer while continuing a relationship with Egyptian military intelligence. His American wife, from whom he was divorced this year but to whom he is still close, told New York Newsday last week that he had recently sent a set of the bootleg tapes home to Egyptian authorities with a visiting relative. In the United States for about six years, he lived most recently in a fifth-floor suite at the Bretton Hall residence hotel at 2350 Broadway. A news reporter invited to interview him there shortly after the World Trade Center bombing found herself on camera as Mr. Salem insisted videotaping the encounter. He showed her photographs of what he said was his sandbagged bunker in the 1973 war, the reviewing stand where former President Anwar el-Sadat was assassinated in 1981 and his grave site. He also showed pictures of people who had apparently been tortured: a woman with cigarette burns and a man confined in a cage. He said that he prayed at the Abu Bakr mosque in Brooklyn and the al-Salaam mosque in Jersey City, where Sheik Omar often preached, and that he had known the cleric from Egypt. He said he was attracted by Mr. Rahman's aura of power and fearlessness. Remembered as Benefactor Associates in Jersey City said they remembered Mr. Salem as a generous benefactor of the mosques and of the sheik himself. He also collected money for the defense of El Sayyid A. Nosair, an Egyptian contractor charged in the 1990 assassination of the militant Jewish leader, Rabbi Meir Kahane. Mr. Nosair was acquitted of that killing but convicted of related assault and weapons charges. He is also one of the 15 defendants in the bombing conspiracy case. Mr. Salem also had dealings with Mr.. Elgabrowny, a relative of Mr. Nosair for whom Mr. Salem said he helped obtain a pistol permit from the New York City Police Department. Associates and lawyers of some of the defendants said that Mr. Salem appeared rather abruptly on the scene around the time of the Kahane killing and that they now suspect he was sent to infiltrate the circle around Mr. Nosair. |
