Director Testifies on FBI's Use of USA PATRIOT Act

The FBI’s Use of the USA PATRIOT Act
Director Mueller Testifies Before the Senate Judiciary Committee

04/06/05

On April 5, Director Mueller joined Attorney General Gonzalez on the Hill to discuss renewal of PATRIOT Act provisions that are scheduled to “sunset” at the end of this year.

“I firmly believe that it is crucial to our national security to renew these provisions,” he said. “Without them the FBI might well be forced into pre-September 11th practices, requiring us — agents, analysts, and our partners — to fight the war on terror with one hand tied behind our backs.”

In his written testimony, Director Mueller spoke specifically to each of the 16 provisions in question — everything from wiretap issues...to information sharing with U.S. federal agencies, from voice mail and email issues...to access to information through the Foreign Intelligence Surveillance Act (FISA) court, from search warrants...to civil liability. In his remarks he cited concrete examples of how each provision had closed loopholes and made Americans safer. Just for instance:

• Using the “Emergency Disclosure of E-Mail & Records by ISPs” provision to quickly restore an abducted 14 year-old girl to her family.
• Using “Information Sharing for Foreign Intelligence, etc.” provision to identify, arrest, and ultimately deport 3 men on drug and providing material support to Al Qaeda violations.
• Using the “Immunity for Compliance with FISA Wiretap” provision to get industry assistance in an espionage case.

Director Mueller also addressed “Section 213 - Delayed Notice Search Warrants,” a provision not scheduled to sunset, but one which has raised some criticism. And, finally, he called for the Committee’s support in giving the FBI administrative subpoena power for terrorism investigations, a power already granted the FBI for its investigations of crimes like drug trafficking, health care fraud, and child exploitation.

We strongly encourage you to read the testimony in its entirety to be fully informed about issues that concern the safety of your communities.

Director Mueller concludes: “The importance of the provisions of the USA PATRIOT Act I have discussed today in the war against terrorism cannot be overstated. They are crucial to our present and future successes. By responsibly using the statutes provided by Congress, the FBI has made substantial progress in its ability to proactively investigate and prevent terrorism and protect lives, while at the same time protecting civil liberties.”

Links: Director Mueller’s testimony | Department of Justice press release on Attorney General Gonzales’ testimony