Ashcroft Hails Special Surveillance Review Court Ruling
(Attorney general's press conference November 18) (2830)
Attorney General John Ashcroft said the ruling November 18 by a
special surveillance review court to allow information sharing by U.S.
law enforcement and intelligence-gathering agencies is "an affirmation
of the will of Congress, a vindication of the agents and prosecutors
of the Department of Justice, and a victory for liberty, safety and
the security of the American people."
At a press briefing, Ashcroft said the Foreign Intelligence
Surveillance Court of Review decision accepted in full the Department
of Justice's procedures developed to implement the USA Patriot Act.
Those procedures, he said, "will facilitate cooperation and
coordination between law enforcement and intelligence officials in the
war on terror."
"The decision allows the Department of Justice to free immediately our
agents and prosecutors in the field to work together more closely and
cooperatively in achieving our core mission: the mission of preventing
terrorist attacks," Ashcroft said.
Following is a transcript of Ashcroft's remarks:
(begin transcript)
DEPARTMENT OF JUSTICE PRESS CONFERENCE
RE: FOREIGN INTELLIGENCE SURVEILLANCE COURT OF REVIEW
PARTICIPANTS: U.S. ATTORNEY GENERAL JOHN ASHCROFT;
JAMES BAKER, COUNSEL FOR INTELLIGENCE POLICY, DOJ;
AND DAVID KRIS, ASSOCIATE DEPUTY ATTORNEY GENERAL, DOJ
DEPARTMENT OF JUSTICE
WASHINGTON, D.C.
NOVEMBER 18, 2002
ATTY GEN. ASHCROFT: Good afternoon. I'm pleased to have with me James
Baker, the counsel for intelligence policy at the Justice Department;
[and] David Kris, who is the associate deputy attorney general that
deals with these issues.
This morning, in the first opinion in the history of the Foreign
Intelligence Surveillance Court of Review, the court issued an opinion
that affirmed President Bush's and Congress's call for greater
cooperation and coordination in the war on terror. In intelligence, in
counter-intelligence, and counterterrorism investigations, the court's
ruling confirmed the Department of Justice's legal authority to
integrate fully the functions of law enforcement and intelligence.
Today's ruling is an affirmation of the will of Congress, a
vindication of the agents and prosecutors of the Department of
Justice, and a victory for liberty, safety and the security of the
American people.
The Court of Review accepted in full Department of Justice procedures
developed pursuant to the USA Patriot Act, and issued last March the
6th, 2002. When implemented, the measures will facilitate cooperation
and coordination between law enforcement and intelligence officials in
the war on terror.
The Court of Review found -- and I quote now -- quote, "Simply no
basis for the FISA [Foreign Intelligence Surveillance Act] court's
reliance on FISA to limit criminal prosecutors' abilities to advise
intelligence officials." Close quote. The court also found that the
government may use FISA when it has a, quote, "measurable foreign
intelligence purpose other than just criminal prosecution." Close
quote. Further, the court ruled that so long as the government
entertains a realistic option of dealing with the FISA target, other
than through criminal prosecution, it satisfies the "significant
purpose" test.
In summary, the court held, I'm quoting again now, quote, "The
government's purpose as set forth in a certification is to be judged
by the National Security officials' articulation, and not by the
Foreign Intelligence Surveillance Authority court inquiry into the
origins of an investigation, nor examination of the personnel
involved." The Court of Review reaffirmed that, and I'm quoting again,
"All Justice Department officers, including those in the FBI, armed at
the control of the attorney general, if he wishes a particular
investigation to be run by an officer of any division, that is his
prerogative," close quote.
The Court of Review's action revolutionizes our ability to investigate
terrorists and prosecute terrorist acts. The decision allows the
Department of Justice to free immediately our agents and prosecutors
in the field to work together more closely and cooperatively in
achieving our core mission: the mission of preventing terrorist
attacks.
Today I'm directing a series of actions to be taken in light of the
court's decision affirming our interpretation. First, we will continue
to make operational improvements to streamline the foreign
intelligence surveillance act approval process. The department is
implementing a secure, computerized system that would permit agents in
the field to draft FISA, or foreign intelligence surveillance
applications, and to transmit them in real time to FBI headquarters
and to the Department of Justice for approval. The Office of
Intelligence Policy and Review, known as OIPR, will notify me when it
rejects a request for a FISA application so that the director of the
FBI and I can bring our judgment to that particular decision.
Second, we are assigning new attorneys to facilitate the FISA process.
The department has assigned OIPR attorneys to the field to work
directly with prosecutors and agents in offices across America. The
FBI will double the number of attorneys working in its National
Security Law Unit to handle FISA applications more effectively and
expeditiously. In addition, earlier today Director Mueller created a
new FISA unit within the FBI's General Counsel Office.
Third, we will train prosecutors and agents in the FISA process,
Foreign Intelligence Surveillance Act process, so that these powerful
tools of foreign intelligence surveillance are utilized fully,
appropriately and in keeping with the Constitution.
Today I am directing that each U.S. attorney's office designate at
least one prosecutor to be a point of contact for purposes of the
Foreign Surveillance Intelligence -- Foreign Intelligence Surveillance
Act. This designated attorney will receive at least five full days of
training regarding [the] Foreign Intelligence Surveillance Act.
The FBI will implement regular mandatory training for all agents on
national security and counterterrorism matters, including FISA or
foreign intelligence surveillance issues. This additional training
will be on top of the already significant foreign counterintelligence
training that all new FBI agents receive.
Since the attacks of September 11th, 2001, the Department of Justice
has worked to create an improved capacity to prevent terrorist
attacks. It's a capacity nurtured by cooperation, built on
coordination, and rooted in our constitutional liberties. Congress
took the first crucial step to enhance cooperation and coordination in
our anti-terrorism efforts when it passed the USA Patriot Act with
overwhelming bipartisan support. The Patriot Act repealed earlier FISA
restrictions that hampered efforts of prosecutors and intelligence
agents to work together. A coordinated, integrated and coherent
response to terrorism was created in the FISA arena when the Patriot
Act was passed.
It is this coordinated, integrated and coherent anti-terrorism
strategy that the court has affirmed today as part of a long series of
reforms implemented by the Department of Justice in pursuit of
terrorism prevention.
Now in addition to working to develop and implement the USA Patriot
Act, providing the regulations upon which the act would operate last
March the 6th, as I indicated, we have also undertaken a number of
other important acts. We have changed the culture of the Federal
Bureau of Investigation to focus prospectively on the prevention of
terrorist attacks. We have reorganized the management of the FBI to
support agents in the field and better analyze intelligence.
We've integrated more closely the activities of the FBI and the CIA.
We have revised FBI investigative guidelines to provide agents in the
field more flexibility and to allow agents to utilize new information
technologies and public information sources. We have expanded FBI-led
Joint Terrorism Task Forces to each of the 56 field offices to improve
counterterrorism investigations. We've established anti-terrorism task
forces in each of the U.S. Attorneys Offices to improve cooperation
with state and local law enforcement. And we have created the Foreign
Terrorism Tracking Task Force and Terrorism Financing Task Force to
coordinate investigations and share information between federal
agencies.
On behalf of the Department of Justice, I thank the members of the
Foreign Intelligence Surveillance Court of Review for this decision.
Although we have had an honest legal disagreement, I have the greatest
respect and appreciation for members of the FISA Court and their
outstanding service to the nation. The Department of Justice is
committed to implementing the decision of the Court of Review. I look
forward to working with the members of the court in implementing the
decision. I thank them for their cooperation, their service to America
and their leadership in defending America.
I thank you very much, and I'd pleased to answer questions.
Yes, sir?
QUESTION: General, civil libertarians are quite concerned about this
ruling, and I wonder if you could give any assurances that this does
not simply mean that the FISA Court is purely a rubber stamp for the
Justice Department, and that there will be still Fourth Amendment
protections for American citizens.
ATTY GEN. ASHCROFT: Well, obviously, this is a decision of the
appellate level of the FISA Court structure, and very careful and very
considerate of the Constitution has this appellate process been. We
have no desire whatever to in any way erode or undermine the
constitutional liberties here. And even though it's not required by
law, the appellate court here in this instance welcomed the views and
arguments of the American Civil Liberties Union, and the Department of
Justice welcomed those views and arguments because we wanted the full
range of considerations to appear before this appellate body.
And we believe that the appellate court had a very thorough and
appropriate sensitivity to safeguarding rights, and with that in mind,
they have issued this decision.
This decision does allow law enforcement officials to learn from
intelligence officials, and vice versa, as a means of sort of allowing
the information to flow from one community to another as long as there
are fundamental definitions met, reinforced by this court, realistic
options of enforcement and intelligence value. And in doing so, this
will greatly enhance our ability to put pieces together that different
agencies have. I believe this is a giant step forward.
Yes?
Q: Yes. General, this decision obviously allows greater cooperation
between your surveillance and criminal prosecutors. Many, though, are
expressing concern about other efforts to break down walls that kept
divisions of Justice apart; for instance, proposals for a so-called
Total Information Awareness System that the defense Department is
working on, the investigative guidelines that allow greater leeway for
law enforcement officials in searching through commercial databases.
Could you just speak to how this decision will affect Justice's plans
to incorporate and "data-mine" information from a variety of sources?
ATTY GEN. ASHCROFT: This decision is narrow in terms of its scope. It
affects the activities of the department as it relates to Foreign
Intelligence Surveillance Act procedures, and as such, it should not
be interpreted as a guide to behavior in any other part of the Justice
Department's activities.
Q: General, there are a number of Iraqis in this country,
Iraqi-Americans, who are disturbed about reports of increased
surveillance of them, interviews by law enforcement with a view to the
possible upcoming war. Can you address their concerns? Are you
confident that their rights are being safeguarded?
ATTY GEN. ASHCROFT: First of all, it's not my practice to, and I won't
begin a practice now of commenting on any kind of national security
work or the investigations or surveillance. I will just say in general
that the strict adherence to the Constitution and observation of the
responsibility of this government to safeguard the rights of all
individuals regarding the Constitution is at the highest level of the
priorities of this department and of this government and
administration.
And any surveillance that is done will be done in strict accordance
with the law and only done in ways which we believe respect the
Constitution fully.
I would refer back to the fact that on March the 6th, I issued the
orders to implement the guidelines of FISA as amended in the Patriot
Act. When there were initial reservations about that expressed in the
FISA court at the first level, those activities were suspended until
they could be resolved by the higher court in its dispassionate,
careful review of the Constitution and its evaluation of the
responsibilities of the Justice Department. It's with similar care
that I can assure you that we undertake all of the responsibilities
when they relate to the national security of our people, and I would
say that that kind of care characterizes all of our investigations and
efforts in intelligence matters.
Yes?
Q: Yes. I was wondering if you could comment on the proposal to create
a domestic spying agency within the United States and how this ruling
might be a prelude to such an agency.
ATTY GEN. ASHCROFT: Well, this ruling really addresses the need to be
able to integrate the activities of our law enforcement community. It
says that we ought to be able to have things which become -- come into
the awareness of the intelligence community, they should be able to be
passed to the prosecutors, and things that come up in the law
enforcement community should be able to be passed over to the
intelligence community. In other words, this ruling is a ruling that
talks about the value of integration and how it can be appropriately
-- things can be appropriately integrated, coordinated; there can be
cooperation, collaboration in the entirety of the law enforcement
community.
And frankly, that advances a theme, because we've felt that we need
better integration, better communication, cooperation, collaboration
between our law enforcement and intelligence communities. And that's
something we've been working on since September the 11th.
It seems to me that the establishment of a separate, distinct agency
would be to move in the other direction; instead of to integrate and
cooperate and communicate, it would be to segregate and to set aside
this.
And so, it would be a surprise to me to have it seriously considered
that the effort we've made to integrate, so that we can have the kind
of collaboration and cooperation that brings the right result, so all
the information is on the table, so that we can take advantage of all
the resources, would somehow now be abandoned and that there would be
some reversion to a segregated approach where we have this other
agency that would be distinct and outside this relatively active now,
flowing stream of information and cooperation which has been developed
in response to the terrorism which was so damaging to America on
September the 11th last year.
Yes, sir?
Q: Attorney General, are you at all concerned about possible abuse of
these new powers? And how are you monitoring to make sure that the new
circumstances aren't abused, which brought the ban in the first place?
ATTY GEN. ASHCROFT: Well, none of these powers is exercised absent the
supervising authority of the Foreign Intelligence Surveillance Court.
So these are all done in a process that has the court's supervision.
And in none of these settings is there action taken that isn't
court-supervised.
And it's with that in mind, plus an understanding that we haven't
really changed the thresholds for occasioning surveillance, we've
simply said that when we have surveillance, we don't have walls that
keep us from being able to share it with individuals who can help
interrupt the threat, who could help in identifying, disrupting,
delaying and defeating the terrorists. And we're going to do
everything we can to identify those who would hurt us, to disrupt
them, to delay them, to defeat them. And like I said earlier, I'm not
going to comment on specific groups or surveillances, but that's what
our job is in defending the American people. We will do it all with a
serious respect for the Constitution, and in a context which will ask
for the sanction or approval of the court in advance. We want to have
a high level of confidence.
And that's why we submitted the application of the new guidelines last
March, but it's not until today when the court has made clear its
approval and confirmation of those guidelines that they would actually
be fully implemented.
STAFF: Last question.
ATTY GEN. ASHCROFT: Yes, ma'am.
Q: Yes, with --
ATTY GEN. ASHCROFT: I have trouble hearing you.
Q: I'm sorry. With Congress about to approve the Department of
Homeland Security, how do you envision that changing your job?
ATTY GEN. ASHCROFT: I think it should make the task of securing
America from additional terrorist attack a task which is more likely
to be successful. It goes right down the avenue of coordination and
integration, of putting into place opportunities to communicate more
effectively and collaborate with an intelligence capacity that will
facilitate the assembling of intelligence data from a variety of
agencies; make sure we match up the threats against our nation with
the assets that we have and to direct the country in hardening those
assets and protecting them. I believe this effort to integrate, to
bring together, not to separate, but to foster this kind of
cooperation between agencies is at the heart of what we need in order
to have a successful defense against terrorism.
And I commend the president for having developed the plan. And I'm on
the verge of thanking the Congress for passing it, and I think they
will pass it, and I think it's in the best interest of this country.
Thank you very much.
(end transcript)
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