Gonzales, Mueller Admit FBI Broke Law

Attorney General Alberto Gonzales takes a question during a news conference after he addressed the International Association of Privacy Professionals in Washington, Friday, March 9, 2007. (AP Photo/Charles Dharapak) (Charles Dharapak - AP)

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.

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On the Net:

The report is at: http://www.usdoj.gov/oig/reports/FBI/index.ht

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Justice Department: http://www.usdoj.gov

FBI: http://www.fbi.gov