http://www.fbi.gov/congress/congress04/mueller052004.htm Testimony of Robert S. Mueller, III, Director, Federal Bureau of Investigation, Before the United States Senate Committee on the Judiciary May 20, 2004 ... PATRIOT ACT Mr. Chairman, for over two and a half years, the PATRIOT Act has proved extraordinarily beneficial in the war on terrorism and has changed the way the FBI does business. Many of our counterterrorism successes, in fact, are the direct results of provisions included in the Act, a number of which are scheduled to "sunset" at the end of next year. I strongly believe it is vital to our national security to keep each of these provisions intact. Without them, the FBI could be forced back into pre-September 11 practices, attempting to fight the war on terrorism with one hand tied behind our backs. Let me give you just a few examples that illustrate the importance of the PATRIOT Act to our counterterrorism efforts: First and foremost, the PATRIOT Act – along with the revision of the Attorney General's investigative guidelines and the 2002 decision of the Foreign Intelligence Surveillance Court of Review – tore down the wall that stood between the intelligence investigators responding to terrorist threats and the criminal investigators responding to those same threats. • Prior to September 11, an Agent investigating the intelligence side of a terrorism case was barred from discussing the case with an Agent across the hall who was working the criminal side of that same investigation. For instance, if a court-ordered criminal wiretap turned up intelligence information, the criminal investigator could not share that information with the intelligence investigator – he could not even suggest that the intelligence investigator should seek a wiretap to collect the information for himself. If the criminal investigator served a grand jury subpoena to a suspect's bank, he could not divulge any information found in those bank records to the intelligence investigator. Instead, the intelligence investigator would have to issue a National Security Letter in order to procure that same information. • The removal of the "wall" has allowed government investigators to share information freely. Now, criminal investigative information that contains foreign intelligence or counterintelligence, including grand jury and wiretap information, can be shared with intelligence officials. This increased ability to share information has disrupted terrorist operations in their early stages -- such as the successful dismantling of the "Portland Seven" terror cell -- and has led to numerous arrests, prosecutions, and convictions in terrorism cases. • In essence, prior to September 11th, criminal and intelligence investigators were attempting to put together a complex jigsaw puzzle at separate tables. The Patriot Act has fundamentally changed the way we do business. Today, those investigators sit at the same table and work together on one team. They share leads. They fuse information. Instead of conducting parallel investigations, they are fully integrated into one joint investigation. • Because of the creation of the Terrorist Threat Integration Center, and because the FBI has dramatically improved its information sharing with the CIA, the NSA, and a host of other federal, state, local and international partners, our resources are used more effectively, our investigations are conducted more efficiently, and America is immeasurably safer as a result. We cannot afford to go back to the days when Agents and prosecutors were afraid to share information. Second, the PATRIOT Act gave federal judges the authority to issue search warrants that are valid outside the issuing judge's district in terrorism investigations. In the past, a court could only issue a search warrant for premises within the same judicial district – yet our investigations of terrorist networks often span multiple districts. The PATRIOT Act streamlined this process, making it possible for judges in districts where activities related to terrorism may have occurred to issue search warrants applicable outside their immediate districts. In addition, the PATRIOT Act permits similar search warrants for electronic evidence such as email. In the past, for example, if an Agent in one district needed to obtain a search warrant for a subject's email account, but the Internet service provider (ISP) was located in another district, he or she would have to contact an AUSA and Agent in the second district, brief them on the details of the investigation, and ask them to appear before a judge to obtain a search warrant – simply because the ISP was physically based in another district. Thanks to the PATRIOT Act, this frustrating and time-consuming process can be averted without reducing judicial oversight. Today, a judge anywhere in the U.S. can issue a search warrant for a subject's email, no matter where the ISP is based. Third, the PATRIOT Act updated the law to match current technology, so that we no longer have to fight a 21st-century battle with antiquated weapons. Terrorists exploit modern technology such as the Internet and cell phones to conduct and conceal their activities. The PATRIOT Act leveled the playing field, allowing investigators to adapt to modern techniques. For example, the PATRIOT Act clarified our ability to use court-ordered pen registers and trap-and-trace devices to track Internet communications. The Act also enabled us to seek court-approved roving wiretaps, which allow investigators to conduct electronic surveillance on a particular suspect, not a particular telephone – this allows them to continuously monitor subjects without having to return to the court repeatedly for additional authorizations. This technique has long been used to investigate crimes such as drug trafficking and racketeering. In a world in which it is standard operating procedure for terrorists to rapidly change locations and switch cell phones to evade surveillance, terrorism investigators must have access to the same tools. In a final example, the PATRIOT Act expanded our ability to pursue those who provide material support or resources to terrorist organizations. Terrorist networks rely on individuals for fund-raising, procurement of weapons and explosives, training, logistics, and recruiting. The material support statutes allow investigators to aggressively pursue and dismantle the entire terrorist network, from the financiers to those who carry out terrorist plans. By criminalizing the actions of those who provide, channel, or direct resources to terrorists, the material support statutes provide an effective tool to intervene at the earliest possible stage of terrorist planning. This allows the FBI to arrest terrorists and their supporters before their deadly plans can be carried out. For instance, the FBI investigated a case in Charlotte, North Carolina, in which a group of Lebanese nationals purchased mass quantities of cigarettes in North Carolina and shipped them to Michigan for resale. Their scheme was highly profitable due to the cigarette tax disparity between the two states. The proceeds of their smuggling were used to fund Hezbollah affiliates and operatives in Lebanon. Similarly, the FBI investigated a case in San Diego in which subjects allegedly negotiated with undercover law enforcement officials the sale of heroin and hashish in exchange for Stinger anti-aircraft missiles, which they indicated were to be sold to Al Qaida. In both cases, the material support provisions allowed prosecutors to charge the subjects and secure guilty pleas and convictions. Mr. Chairman and Members of the Committee, the importance of the PATRIOT Act as a valuable tool in the war against terrorism cannot be overstated. It is critical to our present and future success. 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 innocent lives, while at the same time protecting civil liberties. _______________________________________________ Politech mailing list Archived at http://www.politechbot.com/ Moderated by Declan McCullagh (http://www.mccullagh.org/)
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