Privacy Digest

FBI Employees Face Criminal Probe Over Patriot Act Abuse: "FBI personnel who used misleading emergency letters to acquire thousands of Americans' phone records are the subject of a criminal investigation, top bureau officials told civil liberties groups Monday.

The unprecedented criminal probe, revealed at an outreach meeting led by FBI director Robert Mueller and general counsel Valerie Caproni at FBI headquarters, is looking at the actions of an antiterrorism team known as the Communications Analysis Unit, according to two people who attended the meeting independently and who informed Wired News, requesting anonymity.

The privately disclosed investigation would mark the first time government officials have faced possible prosecution for misuse of Patriot Act investigative tools, and highlights the seriousness of recent reports about the FBI's misuse of a powerful self-issued subpoena known as a National Security Letter.

Unit employees, who are not authorized to request records in investigations, sent form letters to telephone companies to acquire detailed billing information on specific phone numbers by falsely promising that subpoenas were already in the works.

According to a third source, FBI officials also said at the meeting that some bureau employees have already been granted immunity from prosecution in the investigation. The third source, who also spoke on condition of anonymity, did not recall, however, that FBI officials described the investigation as 'criminal.'

FBI spokesman Richard Kolko confirmed that the meeting took place but declined to comment on the content of the conversation, saying only, 'The FBI does not confirm or deny investigations.'

Neither the Justice Department's Office of the Inspector General nor the FBI's Office of Professional Responsibility returned calls for comment.

While the scope of the alleged investigation is unknown, investigators could be examining whether the unit violated the Electronic Communications Privacy Act, or committed fraud by falsely swearing that subpoenas were being prepared. "

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