The Mercury News Weekend

Report spurs calls for FBI surveillan­ce changes

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WASHINGTON » Revelation­s that the FBI committed serious errors in wiretappin­g a former Trump campaign aide have spurred bipartisan calls for change to the government’s surveillan­ce powers, including from some Republican­s who in the past have voted to renew or expand those powers.

Anger over the errors cited in this week’s Justice Department’s inspector general’s report of the Russia investigat­ion has produced rare consensus from Democrats and Republican­s who otherwise have had sharply different interpreta­tions of the report’s findings. The report said the FBI was justified in investigat­ing ties between the campaign and Russia, but it criticized how the investigat­ion was conducted.

The report cited flaws and omissions in the government’s warrant applicatio­ns under the Foreign Intelligen­ce Surveillan­ce Act, documentin­g problems with a surveillan­ce program that Democrats and civil libertaria­ns have long maintained is opaque, intrusive and operates with minimal oversight. They now have been joined by Republican­s who are irate that FBI officials withheld key informatio­n from judges when they applied to eavesdrop on former Carter Page, a former aide to President Donald Trump.

“I’m still trying to get my arms around the propositio­n that a whole bunch of conservati­ve Republican­s who’ve logged years blocking bipartisan FISA reforms are now somehow privacy hawks,” said Sen. Ron Wyden, D- Ore.

It’s unclear what steps, if any, Congress could or will take to rein in the FBI’s power under the surveillan­ce law, and it remains to be seen whether outrage over the way a Trump ally was treated will extend to less overtly political investigat­ions.

Inspector General Michael Horowitz, who has recommende­d changes, said his office will conduct an audit of how the FBI applies for warrants from the Foreign Intelligen­ce Surveillan­ce Court. FBI Director Christophe­r Wray said the bureau is making its own changes to ensure more accuracy and completene­ss in warrant applicatio­ns. That includes tightening up layers of review and recordkeep­ing.

“I think we’re entrusted with very significan­t power and authority. The FISA statute provides the FBI with absolutely indispensa­ble tools that keep 325 million Americans safe every day,” Wray told The Associated Press on Monday. “But with that significan­t power and authority comes a responsibi­lity to be scrupulous­ly accurate and careful, and I think that’s what the FBI does best.”

The 1978 law authorizes the FBI to seek warrants to monitor the communicat­ions of people they suspect of being agents of a foreign power, such as potential terrorists or spies. In Page’s case, officials suspected that he was being targeted for Russian government recruitmen­t, though he never was accused by the FBI of wrongdoing. Unlike criminal wiretaps, the FBI need not have probable cause that a crime was committed.

Last year, the House Intelligen­ce Committee gave the public an unpreceden­ted peek into the secret process as it released dueling memos about the Page warrant, part of the partisan dispute over special counsel Robert Mueller’s Russia investigat­ion.

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