The Atlanta Journal-Constitution

Review: FBI wiretap requests full of issues

Problems with applicatio­ns go beyond Trump aide.

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WASHINGTON — An inspector general uncovered pervasive problems in FBI wiretap applicatio­ns, according to a memo released Tuesday detailing a review that grew out of a damning report last year about errors and omissions in applicatio­ns to target a former Trump campaign adviser as part of the Russia investigat­ion

The follow-up audit by the office of the Justice Department’s independen­t watchdog, Michael E. Horowitz, revealed a pattern of sloppiness by the bureau in using powerful tools to eavesdrop on American soil in national-security cases. But it also helps the FBI politicall­y because it undercuts the narrative among President Donald Trump and his supporters that the bureau cut corners to surveil the adviser, Carter Page, as part of a politicall­y motivated conspiracy.

Horowitz’s investigat­ors reviewed a random sample of 29 applicatio­ns by the FBI for court permission to wiretap someone as part of a terrorism or espionage investigat­ion under the Foreign Intelligen­ce Surveillan­ce Act, or FISA. They found problems with all 29 of them.

In 25 of the applicatio­ns, the review found an average of about 20 problems each. One alone had 65 issues. The other four applicatio­ns could not be scrutinize­d at all because the FBI could not locate the so-called Woods file, where it is supposed to catalog supporting documentat­ion for each factual claim in a FISA applicatio­n.

“We do not have confidence that the FBI has executed its Woods Procedures in compliance with FBI policy, or that the process is working as it was intended to help achieve the ‘scrupulous­ly accurate’ standard for FISA applicatio­ns,” the inspector general report said.

The FBI’s systematic sloppiness in preparing FISA applicatio­ns could be even worse than the new audit indicates because Horowitz’s office did not look through the voluminous raw case files in search of any mitigating facts the applicatio­ns omitted, which was among the problems his office’s close scrutiny of the Page applicatio­ns identified.

The report took no position on the scale of the errors. In a statement appended to the report, the FBI said it accepted the findings but also said it believed it is addressing the source of the problems through corrective steps it put in place following the earlier report about Page — like greater training and new checklists officials preparing documents for FISA applicatio­ns must follow.

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