ATTY. GEN. Alberto R. Gonzales has been the cheerleader-in-chief for the USA Patriot Act, the post-9/11 legislation that has made it easier for government investigators to obtain electronic records detailing the habits of ordinary Americans. So when even Gonzales complains that the FBI has been cutting corners in obtaining such sensitive information, Congress needs to take another look at the Patriot Act.
In particular, Congress needs to rein in the use of "national security letters" -- subpoenas that don't require judicial approval and can now be issued by agents in the field as well as at FBI headquarters. According to the Justice Department, 22% of documents examined at four FBI field offices turned up procedural violations that hadn't been reported to FBI headquarters as required.
This prompted a mea culpa from Gonzales even more memorable than his suggestion that he was essentially out of the loop as eight U.S. attorneys were fired. "During the discussion of the reauthorization of the Patriot Act, I believed that the FBI was acting responsibly in using national security letters," Gonzales said, adding, "I've come to learn that I was wrong."
Congress shares the credit for bringing to light the fact that FBI agents are making too many mistakes in taking advantage of their new authority. In reauthorizing the Patriot Act in 2006, Congress required the Justice Department to "review the effectiveness and use, including any improper or illegal use, of national security letters issued by the Department of Justice."
