The Justice Department’s handling of government surveillance tools is among its most “pressing concerns,” according to the agency’s internal watchdog.
Ahead of the public release of a report on alleged Foreign Intelligence Surveillance Act abuses, Inspector General Michael Horowitz emphasized how much of a burgeoning issue the government’s intelligence-gathering has become over the past year.
A report published Wednesday shows “Management of Sensitive Investigative Authorities” among eight top management and performance challenges facing the DOJ.
“Recent and past OIG reviews have found that the Department faces challenges in using these sensitive authorities consistent with its policies, and in a manner that safeguards individualsâ statutory and constitutional privacy rights,” the report said. “The actual or perceived misuse of such authorities can undermine the publicâs trust and confidence in the Department, impact the Departmentâs standing with the judiciary, threaten the success of prosecutions, and lead to the amendment or revocation of certain authorities.”
In a memo sent to Attorney General William Barr, Horowitz said this section was the only “new challenge” added to his annual report.
The inspector general’s office has been busy this week as impeachment proceedings play out on Capitol Hill with public hearings. Horowitz published the findings of a major audit on Tuesday that found a slew of issues with the FBI’s validation processes for secret sources.
The watchdog is also gearing up to release the findings of a year-and-a-half-long investigation into alleged FISA abuses related to the 2016 presidential election.
Both the FISA process and secret sources are among the sensitive investigative tools that are now a cause for concern, along with bulk data collection. “These tools pose risks if they are employed without adequate management and oversight,” Horowitz said in his latest report.
President Trump’s GOP allies have eagerly anticipated the release of the FISA report. Horowitz announced the investigation in March 2018 after the House Intelligence Committee, which at the time was led by Republicans, released a memo outlining allegations that DOJ and FBI officials misled the FISA court to target Trump’s campaign. Democrats put together a rebuttal memo that defended the actions of the DOJ and the FBI.
Republicans believe Horowitz’s report will shed light on the overreliance on an unverified dossier compiled by British ex-spy Christopher Steele to obtain warrants to electronically monitor onetime Trump campaign adviser Carter Page. Some have even predicted indictments and prison time for officials who signed off on the warrants.
Democrats, as well as current and former FBI officials, have dismissed allegations of wrongdoing and have raised concerns that information about United States intelligence-gathering could be leveraged to discredit special counsel Robert Mueller.
Horowitz’s findings in the FISA report, which Barr said last week is “imminent” after a classification review and final session for witnesses to provide feedback, could be useful for U.S. Attorney John Durham, who is conducting a criminal inquiry into the origins of the Russia investigation.
Horowitz is scheduled to testify about his FISA investigation before the Senate Judiciary Committee on Dec. 11. The chairman of the panel, Sen. Lindsey Graham, announced Wednesday evening the FISA report will be released on Dec. 9.
