FBI still abusing Section 702, now against a Senator, judge

(AP Photo/Cliff Owen)

We previously learned that the FBI had illegally searched hundreds of thousands of citizens’ private banking records and other online data without obtaining warrants in a clear abuse of the Bureau’s FISA Section 702 authority. FBI boss Christopher Wray assured a House committee that “reforms” had been put in place so there would be “fewer incidents” of this illegal activity. But this week’s news suggests that his alleged efforts haven’t addressed the problem. A new report reveals that the FBI searched the data of a U.S. Senator, a state senator, and a judge. All of this was reportedly done without obtaining a warrant. If anyone needed yet another reminder that Section 702 needs to be seriously modified before it is reauthorized, look no further. (Associated Press)

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FBI employees wrongly searched foreign surveillance data for the last names of a U.S. senator and a state senator, according to a court opinion released Friday. The disclosure could further complicate Biden administration efforts to renew a major spy program that already faces bipartisan opposition in Congress.

Another FBI employee improperly queried the Social Security number of a state judge who alleged civil rights violations by a municipal chief of police, according to the opinion by the chief judge of the Foreign Intelligence Surveillance Court.

News of the latest violations comes as the Biden administration faces a difficult battle in persuading Congress to renew Section 702 of the Foreign Intelligence Surveillance Act, which allows spy agencies to collect swaths of emails and other communications.

The government isn’t releasing the names of the officials who were improperly searched, but they have all been privately informed that the incursions took place. The case of the unnamed state judge who was searched is particularly disturbing. Was it merely a coincidence that the judge was in the process of investigating a municipal chief of police who had been accused of civil rights violations? That seems unlikely, to say the least.

Christopher Wray has come before the House Oversight Committee multiple times now and flatly lied to Congress. He most recently said, “We take seriously our role in protecting national security and we take just as seriously our responsibility to be good stewards of our Section 702 authorities.” Really? Was the U.S. Senator in question credibly accused of having suspicious dealings with some foreign entity? And if not, why were you prowling through their records? It’s a shame you couldn’t be bothered to express such an interest in Hunter Bideand and the “Big Guy’s” massive payments from China, Russia, Ukraine, and other nations.

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This isn’t the first time the Bureau has been caught with its hand in the cookie jar. You’ll recall earlier this year when Congressman Darin LaHood (who I’m sure just by complete coincidence happens to be a Republican) found out that the FBI had been rifling through his files without a warrant. When they’re not rummaging through digital files they’re going through the sock drawers of private citizens, including a former President. And those are just the high-profile cases that we managed to find out about. How many of you have had your files searched without your knowledge? If you’re a regular reader of any conservative websites, your name is probably on a list somewhere.

Wray is publicly lobbying to have FISA Section 702 extended yet again without any modifications. This clearly can’t be allowed, and anyone – including Republicans – who votes to do so should face a primary challenge as soon as possible. The FBI obviously can no longer be trusted with that sort of sweeping power. Joe Biden shows no inclination to start cleaning house at the FBI so a new Republican president will be required. But in the meantime, stripping the Bureau of much of its Section 702 authority would be a good first step.

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