Gonzales Announces Measures to Significantly Enhance National Security Oversight

Attorney General Alberto R. Gonzales, Assistant Attorney General for National Security Kenneth L. Wainstein and FBI Director Robert S. Mueller, III announced last Friday, July 13, a series of comprehensive measures to significantly enhance national security oversight and compliance at the US Justice Department and Federal Bureau of Investigation.^[1]

Among the primary components of this oversight effort, which has been in the works for months, are the proposed launch of two offices to conduct reviews, compliance activities, and training.^[2] The first is a dedicated Oversight Section within the Justice Department’s National Security Division. The second is a proposed Office of Integrity and Compliance at the FBI.^[3]

These new offices will be the first in a series of ongoing efforts by the Justice Department to ensure that national security investigations are conducted in a manner consistent with the nation’s laws, regulations, and policies, including those designed to protect the privacy interests and civil liberties of U.S. citizens.^[4]

“The top priority of the Department is to protect the nation from terrorist attack. At the same time, we have an important obligation to make sure the tools we use to prevent terrorism also protect the civil liberties of our citizens…..This effort helps us achieve these objectives by enhancing internal controls over the Department’s national security activities,”said Attorney General Gonzales.^[5]

“The changes we're announcing are historic in nature. The FBI is instituting one of the first, agency-wide internal compliance programs in the federal government, and, for the first time, Justice Department attorneys will have a comprehensive mandate to examine all aspects of the FBI’s national security program for compliance with laws, regulations, and guidelines,” said Assistant Attorney General Wainstein.^[6]

These measures build upon past Department improvements in national security oversight as counter-terrorism efforts have expanded.^[7] The National Security Division plans to broaden the scope of its national security oversight well beyond the Department’s traditional oversight role, which was primarily focused on the FBI’s use of FISA authorities.^[8] Now, Justice Department federal attorneys will be able to examine all aspects of the FBI’ national security program for compliance with laws, regulations, and policies.^[9]

To accomplish the expanded mandate spelled out above, the Department is standing up a dedicated Oversight Section within the National Security Division.^[10] This section will consist of attorneys and staff members specifically dedicated to ensuring that the Department fulfills its national security oversight responsibilities. Until recently, the Department’s national security oversight largely focused on the FBI’s use of FISA authorities, with the Department conducting accuracy reviews to ensure the accuracy of FBI declarations to the Foreign Intelligence Surveillance Court (FISC) and minimization audits to ensure FISA information is handled appropriately.^[11] The Oversight Section will expand this focus beyond FISA to include all aspects of the FBI’s national security program and its use of national security tools.^[12]

The Oversight Section will exercise its oversight functions by conducting regular reviews of national security activities at FBI field offices and FBI Headquarters national security units.^[13] These reviews, which have already begun, are staffed by career Department attorneys with years of law enforcement and intelligence experience from the National Security Division and the FBI’s Office of General Counsel, along with officials from the Department’s Privacy and Civil Liberties Office.^[14]

These reviews are not limited to the FBI’s use of FISA or national security letters, but examine all national security activities to ensure compliance with all applicable laws, guidelines and policies.^[15] Since establishing this review process in April 2007, the Division has completed national security reviews in four FBI field offices and plans to complete a total of 15 such reviews by the end of the year.^[16]

Federal criminal attorney Douglas McNabb has previously discussed National Security Letters in his national security blog, here.

Federal criminal attorney Douglas McNabb has also previously discussed the Foreign Intelligence Surveillance Court in his national security blog, here and here.

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^[1] Jim Kouri, Justice Department Unveils Measures to Enhance National Security Oversight, Lincoln Tribune, July 17, 2007, available at http://www.lincolntribune.com/modules/news/article.php?storyid=6564 (last visited July 17, 2007).
^[2] Id.
^[3] Id.
^[4] Id.
^[5] Id.
^[6] Id.
^[7] Id.
^[8] Id.
^[9] Id.
^[10] Id.
^[11] Id.
^[12] Id.
^[13] Id.
^[14] Id.
^[15] Id.
^[16] Id.