Posted By: Hrothgar Geiger
The means may be more important than the ends - 04/22/08 05:06 PM
In the days following the London subway bombing, the FBI was following up a lead on an Egyptian student named Magdy el-Nashar who attended N.C. State prior to moving to the U.K. and attending the University of Leeds.
An agent obtained a grand jury subpoena and 'sealed court order' to request educational records from N.C. State. The University complied with the subpoena, and turned over the records.
On informing his office that the records were in hand, the agent was told that they weren't supposed to obtain the records via a grand jury subpoena, they were to have used a National Security Letter. Further,"The Director has requested a write up on the circumstances surrounding the NSL letter issued to [NC State] ... The Director would like to use this as an example tomorrow as to why we need administrative subpoenas to fight the war on terror. In particular, he would like to know how much extra time was spent having to get the Grand Jury subpoena."
The agent was directed to return the records to the University and obtain a National Security Letter.
Over the next couple of hours, the agent revised a template for an NSL requesting telephone record to instead seek several categories of records, including applications for admission, housing information, emergency contacts, and campus health records. The SAC signed the letter, and the agent served it at N.C. State.
Well, attempted to serve it. N.C. State refused the NSL citing 1)it requested information outside the permissible scope of NSLs, and 2)the SAC lacked the authority to sign the NSL.
The FBI field office then obtained a 2nd grand jury subpoena. with which the University complied.
Later that month, FBI Director Mueller testified before Congress that the FBI’s had been unable to obtain the information with a National Security Letter. He did not mention that the NSL exceeded the scope of the statutory authority, nor that the FBI had originally sought a subpoena and had records in hand before reversing course. Instead, he used the example to press for greater surveillance powers, testifying that the objections to the NSL "resulted in a two-day delay."
FBI notes, obtained via FOIA request.
An agent obtained a grand jury subpoena and 'sealed court order' to request educational records from N.C. State. The University complied with the subpoena, and turned over the records.
On informing his office that the records were in hand, the agent was told that they weren't supposed to obtain the records via a grand jury subpoena, they were to have used a National Security Letter. Further,"The Director has requested a write up on the circumstances surrounding the NSL letter issued to [NC State] ... The Director would like to use this as an example tomorrow as to why we need administrative subpoenas to fight the war on terror. In particular, he would like to know how much extra time was spent having to get the Grand Jury subpoena."
The agent was directed to return the records to the University and obtain a National Security Letter.
Over the next couple of hours, the agent revised a template for an NSL requesting telephone record to instead seek several categories of records, including applications for admission, housing information, emergency contacts, and campus health records. The SAC signed the letter, and the agent served it at N.C. State.
Well, attempted to serve it. N.C. State refused the NSL citing 1)it requested information outside the permissible scope of NSLs, and 2)the SAC lacked the authority to sign the NSL.
The FBI field office then obtained a 2nd grand jury subpoena. with which the University complied.
Later that month, FBI Director Mueller testified before Congress that the FBI’s had been unable to obtain the information with a National Security Letter. He did not mention that the NSL exceeded the scope of the statutory authority, nor that the FBI had originally sought a subpoena and had records in hand before reversing course. Instead, he used the example to press for greater surveillance powers, testifying that the objections to the NSL "resulted in a two-day delay."
FBI notes, obtained via FOIA request.