The FBI disclosed to a presidential board that it was involved in nearly 800 violations of laws, regulations or policies governing national security investigations from 2001 to 2008, but the government won’t provide details or say whether anyone was disciplined, according to a report by the Electronic Frontier Foundation, which sued the FBI under the Freedom of Information Act to obtain about 2,500 documents that the FBI submitted to the President’s Intelligence Oversight Board.
The records obtained by the foundation go beyond national security letters. About a third of the reports of violations involved rules governing internal oversight of intelligence investigations, and about a fifth involved potential violations of the Constitution, the Foreign Intelligence Surveillance Act or other laws governing criminal investigations or intelligence-gathering activities, the report says.
The report finds:
• Evidence of delays of 2.5 years, on average, between the occurrence of a violation and its eventual reporting to the Intelligence Oversight Board
• Reports of serious misconduct by FBI agents including lying in declarations to courts, using improper evidence to obtain grand jury subpoenas, and accessing password-protected files without a warrant
• Indications that the FBI may have committed upwards of 40,000 possible intelligence violations in the 9 years since 9/11
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