Rep. Darin LaHood Reveals that At Least One Member of Congress Was Improperly Surveilled by the FBI – Himself
FBI Director Christopher Wray rankles many Members of Congress and civil libertarians by presenting a smooth, bland, and impenetrable affect when faced with tough questions. He did himself no favors when, responding to criticism about the 17 errors of commission and omission on the Carter Page scandal highlighted by the Department of Justice Inspector General, he said: “Thanks for the constructive criticism.”
Today he brought that poker face to Thursday’s House Permanent Select Committee on Intelligence. When asked about FBI’s use of Section 702 of the Foreign Intelligence Surveillance Act (FISA) by Rep. Darin LaHood (R-IL), Wray said the FBI had made mistakes in the Page affair under Title I of FISA, another authority under a previous director. By implication, this means that 702 must be hunky-dory.
But this overlooks the acknowledgment by a senior FBI official to New York Times journalist Charlie Savage that the FBI had used Section 702 some 204,090 times in warrantless surveillance of Americans in just one year alone.
Rep. LaHood also dug into Wray on the revelation that at least one Member of Congress had his name used as a query term in one 702 search.
“I want to make clear the FBI's inappropriate querying of a duly elected member of Congress is egregious and a violation [that] not only that degrades the trust in FISA but is viewed as a threat to the separation of powers," LaHood said during the hearing.
Then came a development as close to a Perry Mason moment as a Congressional hearing room has experienced since the early Cold War.
“I have had the opportunity to review the classified summary of this violation, and it is my opinion that the member of Congress that was wrongfully queried multiple times solely by his name was in fact me,” Rep. LaHood said.
Toward the end of his questioning, Rep. LaHood underscored that he is heading the Section 702 reauthorization working group for Congress. Expect LaHood to ask if other Members of Congress were treated the same way by the FBI, with constructive criticism – and new limits on the FBI’s authority – to follow.