F.B.I. Feared Lawmaker Was Target of Foreign Intelligence Operation – The New York Times
WASHINGTON The F.B.I. was examining whether a foreign government had targeted a Republican lawmaker for an intelligence operation when the bureau conducted botched searches for information about him within messages swept up under an expiring warrantless surveillance law, according to people familiar with the matter.
The disclosure helps clarify the circumstances surrounding the scrutiny of the lawmaker, Representative Darin LaHood of Illinois, and carries policy implications as Congress debates whether to reauthorize the surveillance law, known as Section 702.
The question of what happened has lingered over that debate since December, when the government declassified a report about incidents in which F.B.I. officials had failed to comply with rules for retrieving messages gathered under the law. A footnote revealed that an intelligence analyst had used the name of a member of Congress as a search term without including necessary limiting terms to screen out any irrelevant messages.
Last month, one major piece of the puzzle came into view when Mr. LaHood said at a House Intelligence Committee hearing that he had concluded that he was the lawmaker.
Mr. LaHood provided no further details about why the F.B.I. had searched for information about him. But people familiar with the matter, speaking on the condition of anonymity to discuss a sensitive matter, filled in some of the remaining blanks.
The F.B.I., the people said, did not suspect Mr. LaHood of any wrongdoing. Rather, it was investigating suspicions that a foreign government had targeted him as part of an espionage or covert influence intelligence operation. Seeking more information to help determine whether he was a potential victim, it queried for messages mentioning his name as a defensive measure.
The people familiar with the matter declined to identify the foreign government. But the queries, which they said unfolded earlier in 2019, happened when Mr. LaHood was heavily engaged in China trade policy, including discussing tariffs and the possibility of a trade deal with officials from both China and the Trump administration.
Mr. LaHood declined to comment for this article.
Section 702 allows the government to obtain, without a warrant, the messages of targeted foreigners abroad from American companies like Google and AT&T even when those foreigners are communicating with or about Americans. Enacted in 2008, it legalized a version of the once-secret warrantless surveillance program the Bush administration set up after the Sept. 11, 2001, attacks.
Civil liberties advocates have long opposed or sought to curb Section 702 because of its implications for Americans privacy. Congress reauthorized it in 2012 and 2018, but it is expected to face steeper odds this year because many Republicans have aligned themselves with former President Donald J. Trumps hostility to the F.B.I.and national security surveillance.
Mr. LaHood, a former counterterrorism prosecutor, supports reauthorizing Section 702 and leads a bipartisan group of House Intelligence Committee members who are studying how to persuade Congress to pass such a bill. But he is also very interested in international trade.
His district in Illinois, which includes Peoria and many rural counties, has manufacturers like Caterpillar and farmers who grow commodities like soybeans and sorghum, which China imports. That put him in a difficult position when Mr. Trump began a trade war with China and imposed tariffs on Chinese goods. In retaliation, China imposed tariffs that threatened to hurt the economy in Mr. LaHoods district.
In early 2019, Mr. LaHood helped sponsor a bill that would make it easier for Congress to block changes to tariffs. As a chairman of a U.S.-China Working Group in the House, he also traveled to China that March with a congressional delegation and met with top Chinese agricultural and commerce officials in an effort to improve the trade relationship.
In public comments throughout the spring and summer, Mr. LaHood tried to straddle Mr. Trumps tough stance toward China and his districts need to de-escalate the trade war. He repeatedly echoed Mr. Trumps criticism of Chinese trade practices, but also argued that both sides needed to strike a deal that would ease the tariffs.
What we consider before using anonymous sources.Do the sources know the information? Whats their motivation for telling us? Have they proved reliable in the past? Can we corroborate the information? Even with these questions satisfied, The Times uses anonymous sources as a last resort. The reporter and at least one editor know the identity of the source.
In the declassified report detailing the botched queries, overseers notably did not deem it an abuse that the F.B.I. had looked for information about a lawmaker per se, meaning there was an authorized purpose and a sufficient basis for the searches to be conducted. The problem, in the reports telling, was only that the queries were too broadly worded.
As a general matter, a senior official said, foreign intelligence services regularly target high-level American government officials including lawmakers, their staff members and their associates for both intelligence gathering and covert influence efforts.
When facts specifically indicate that may be happening, counterintelligence analysts query the Section 702 repository for more information, hunting for any messages in which foreign agents discussed how to gain access to officials, tried to set up engagements with officials or tried to directly communicate with officials who may be unaware of the links to a foreign government.
At the Intelligence Committee hearing last month, Mr. LaHood echoed Trump-style Republican critics of the F.B.I. by accusing the bureau of having abused its surveillance powers. The searches were careless, he said, describing them as an egregious violation, and declaring that it had a trust problem. But he also called Section 702 a critical tool and argued that Congress should reauthorize it.
He elicited testimony from the F.B.I. director, Christopher A. Wray, about reforms the bureau made in 2021 and 2022 to tighten limits on retrieving information gathered using Section 702. (The changes include requiring a deputy director to approve sensitive queries involving elected officials.)
Mr. LaHood concluded by asking a series of intelligence officials to explain why Section 702 was needed to counter China.
Avril Haines, the director of national intelligence, responded, for example: Its crucial in the context of counterintelligence where we are looking at where it is that Chinas efforts to send spies into the United States may be and what their planning is in relation to it.
The disclosure of the context of the queries comes as some privacy advocates want Congress to require the government to get a warrant from a court before it may query for information about an American.
The House in 2014 and 2015 voted to bar queries for information about Americans without court orders, but the proposal faltered. In 2018, Congress required the F.B.I. to obtain a court order to read any results from queries about an American who is already the subject of a criminal investigation, but wrote the rule so narrowly that it does not apply to most queries.
The discussion of proposals to impose a warrant requirement for queries about Americans has largely centered on situations where the subject is an investigative target. There has been less discussion about whatthat change would mean for defensive searches, where there is no probable cause to believe the subject has engaged in wrongdoing.
If Congress wanted to impose a warrant requirement while preserving the ability to conduct defensive searches, it could make an exception for that category or craft a different legal standard for court orders. David Kris, a former senior Justice Department national security official, said one possibility could be to have judges weigh whether under the totality of circumstances, a defensive query would be reasonable.
But Sean Vitka, a policy counsel for Demand Progress Action, a civil liberties group, expressed skepticism about creating an exception or lower standard for queries if the F.B.I. deems their purpose to be defensive.
Frequently there is ambiguity as to whether someone is a witness or a target, and theres no defensive or offensive distinction in the Fourth Amendment a search is a search, he said.
The rest is here:
F.B.I. Feared Lawmaker Was Target of Foreign Intelligence Operation - The New York Times
- Permissibility of Cross-Border Share Swap: Understanding the Fourth Amendment of the NDI Rules and its Implications - SCC Online - November 23rd, 2024 [November 23rd, 2024]
- Does the Fourth Amendment protect smartphone users? - Lewiston Morning Tribune - October 12th, 2024 [October 12th, 2024]
- The Fourth Amendment shouldn't stop once you get up to drone level: Albert Fox Cahn - Fox Business - September 21st, 2024 [September 21st, 2024]
- The Reasonableness of Retaining Personal Property Post-Seizure and the Ascendancy of Text, History, and Tradition in Fourth Amendment Jurisprudence -... - September 21st, 2024 [September 21st, 2024]
- Gujarat's Proposes Fourth Amendment To Net Metering Regulations For Rooftop Solar Systems Up To 100 KW - SolarQuarter - July 26th, 2024 [July 26th, 2024]
- Nearly 96% of Private Property Is Open to Warrantless Searches, New Study Estimates - Reason - March 15th, 2024 [March 15th, 2024]
- Heres what to do (and not do) if you get pulled over in California. What are my rights? - Yahoo Movies Canada - December 12th, 2023 [December 12th, 2023]
- FBI Seized $86 Million From People Not Suspected Crimes. A Federal Court Will Decide if That's Legal. - Reason - December 12th, 2023 [December 12th, 2023]
- Digital justice: Supreme Court increasingly confronts law and the internet - Washington Times - December 12th, 2023 [December 12th, 2023]
- MCHS goes on lockout after weapons found on campus - Mineral County Independent-News - November 19th, 2023 [November 19th, 2023]
- Cops Stormed Into a Seattle Woman's Home. It Was the Wrong ... - Reason - November 19th, 2023 [November 19th, 2023]
- Ron Wyden, U.S. Senator from Oregon The Presidential Prayer ... - The Presidential Prayer Team - November 19th, 2023 [November 19th, 2023]
- Bill Maher Slams Critics of the West Amid Israel Conflict: Marginalized People Live Better Today Because of Western Ideals (Video) - Yahoo... - November 5th, 2023 [November 5th, 2023]
- Surveillance authority change could harm ability to stop attacks, FBI ... - Roll Call - November 5th, 2023 [November 5th, 2023]
- New York's progressive chief judge joins with conservatives to ... - City & State - November 5th, 2023 [November 5th, 2023]
- Should domestic abusers have gun rights? | On Point - WBUR News - November 5th, 2023 [November 5th, 2023]
- The Biden administrations latest executive order calls for a ... - R Street - November 5th, 2023 [November 5th, 2023]
- DPS Presents Purple Hearts, Medal of Valor and Other Prestigious ... - the Texas Department of Public Safety - November 5th, 2023 [November 5th, 2023]
- Senators Katie Britt and John Kennedy Call for Investigation into ... - Calhoun County Journal - October 15th, 2023 [October 15th, 2023]
- Trump and Section 3 of the Fourteenth Amendment: An Exploration ... - JURIST - October 15th, 2023 [October 15th, 2023]
- Expert Q&A with David Aaron on FISA Section 702 Reauthorization ... - Just Security - October 15th, 2023 [October 15th, 2023]
- A Constitution the Government Evades - Tenth Amendment Center - October 15th, 2023 [October 15th, 2023]
- Imagine If Feds Hunted More Real Terrorists, Not Conservatives - The Federalist - October 15th, 2023 [October 15th, 2023]
- Lake Orion Voters Could Decide Removing TIF Funding for ... - Oakland County Times - August 24th, 2023 [August 24th, 2023]
- A marriage of convenience: Why the pushback against a key spy program could cave in on progressives - Yahoo News - August 24th, 2023 [August 24th, 2023]
- Iowa Public Information Board accepts one complaint against ... - KMAland - August 24th, 2023 [August 24th, 2023]
- Burleigh County weighs OHV ordinance to crack down on reckless ... - Bismarck Tribune - August 8th, 2023 [August 8th, 2023]
- AI targets turnstile jumpers to fight fare evasion, but experts warn of ... - 1330 WFIN - August 8th, 2023 [August 8th, 2023]
- As of July 1, police won't be able to stop people for smell of cannabis - The Baltimore Banner - May 20th, 2023 [May 20th, 2023]
- Baby Ninth Amendments Part V: Real Life, Potpourri, and the Big ... - Reason - May 20th, 2023 [May 20th, 2023]
- COA affirms SVF firearm conviction, finds stop and search by police ... - Indiana Lawyer - May 20th, 2023 [May 20th, 2023]
- BARINGS BDC, INC. : Entry into a Material Definitive Agreement, Creation of a Direct Financial Obligation or an Obligation under an Off-Balance Sheet... - May 20th, 2023 [May 20th, 2023]
- Column: : Justice, tyrants and the mob (5/19/23) - McCook Daily Gazette - May 20th, 2023 [May 20th, 2023]
- Alabama appeals court reverses murder conviction of Ala. officer ... - Police News - May 20th, 2023 [May 20th, 2023]
- Oakland narrows town manager search to five | West Orange Times ... - West Orange Times & SouthWest Orange Observer - May 20th, 2023 [May 20th, 2023]
- The Durham Report Is Right About the Need for More FBI Oversight - Reason - May 20th, 2023 [May 20th, 2023]
- Hashtag Trending May 19- U.S. government use invasive AI to track refugees; OpenAI releases iOS ChatGPT app; Microsoft bets on nuclear fusion - IT... - May 20th, 2023 [May 20th, 2023]
- Collective knowledge doctrine applies to a traffic stop - Police News - May 18th, 2023 [May 18th, 2023]
- Privacy and civil rights groups warn against rapidly growing mass ... - TechSpot - May 18th, 2023 [May 18th, 2023]
- There Is No Defensive Search Exception to the Fourth Amendment ... - Center for Democracy and Technology - May 8th, 2023 [May 8th, 2023]
- Napolitano: Does government believe in the Constitution ... - The Winchester Star - May 8th, 2023 [May 8th, 2023]
- Constitution might as well be abandoned if amendments are not ... - Washington Times - May 8th, 2023 [May 8th, 2023]
- One police officer opens a car door, and another looks inside. Did ... - SCOTUSblog - May 8th, 2023 [May 8th, 2023]
- Biden retains option of invoking 14th Amendment to avoid default - Geo News - May 8th, 2023 [May 8th, 2023]
- North Carolina Legislature Pushing Bill That Would Allow Cops To ... - Techdirt - May 8th, 2023 [May 8th, 2023]
- Letter: Threat to our freedom | Opinion | news-journal.com - Longview News-Journal - May 8th, 2023 [May 8th, 2023]
- Parents file lawsuit alleging civil rights violations after children were ... - The Boston Globe - May 8th, 2023 [May 8th, 2023]
- Nevada moves to strengthen protections around use of sexual ... - This Is Reno - May 8th, 2023 [May 8th, 2023]
- Feds rethink warrantless search stats and oh look, a huge drop in numbers - The Register - May 8th, 2023 [May 8th, 2023]
- Its literally cost me everything. Missouri man gets jail time in Capitol riot case - Yahoo News - May 8th, 2023 [May 8th, 2023]
- Board Member Rallies to Student Who Vandalized LGBTQ Posters - FlaglerLive.com - May 8th, 2023 [May 8th, 2023]
- 4th Circuit upholds $730K award to Black Secret Service agent - Virginia Lawyers Weekly - April 19th, 2023 [April 19th, 2023]
- Suspected drug dealer who used alias to rent condo wins reversal in ... - Indiana Lawyer - April 19th, 2023 [April 19th, 2023]
- Do Priests Have a Right to Privacy? - Commonweal - April 19th, 2023 [April 19th, 2023]
- This Deceptive ICE Tactic Violates the Fourth Amendment - ACLU - April 13th, 2023 [April 13th, 2023]
- LDF Appeals Grant of Qualified Immunity in Case Involving Invasive ... - NAACP Legal Defense and Educational Fund - April 13th, 2023 [April 13th, 2023]
- Livestreaming police stop constitutionally protected - North Carolina Lawyers Weekly - April 13th, 2023 [April 13th, 2023]
- Houston police officer who opened fire in Family Dollar parking lot also shot Mario Watts in separate 2021 incident, HPD confirms - KTRK-TV - April 13th, 2023 [April 13th, 2023]
- Jayland Walker: What's legal and what's illegal during protests - Akron Beacon Journal - April 13th, 2023 [April 13th, 2023]
- IMPD officers indicted for death of Herman Whitfield III - WISH TV Indianapolis, IN - April 13th, 2023 [April 13th, 2023]
- You can support Second Amendment and want gun reform, too ... - Straight Arrow News - April 13th, 2023 [April 13th, 2023]
- Does the five-second rule apply to extending a traffic stop to permit a ... - Police News - April 13th, 2023 [April 13th, 2023]
- Charlotte moves to dismiss lawsuit from man injured during 2020 ... - Carolina Journal - April 13th, 2023 [April 13th, 2023]
- TRAVEL & LEISURE CO. : Entry into a Material Definitive Agreement, Creation of a Direct Financial Obligation or an Obligation under an Off-Balance... - April 11th, 2023 [April 11th, 2023]
- Socialism and the Equal Sharing of Misery | Business ... - The Weekly Journal - April 11th, 2023 [April 11th, 2023]
- Top 10 Court Cases That Changed the U.S. Justice System - Listverse - April 11th, 2023 [April 11th, 2023]
- A new look at the lives of ultra-Orthodox Jews: Shtetl.org provides ... - New York Daily News - April 11th, 2023 [April 11th, 2023]
- VERISK ANALYTICS, INC. : Entry into a Material Definitive Agreement, Creation of a Direct Financial Obligation or an Obligation under an Off-Balance... - April 11th, 2023 [April 11th, 2023]
- Power Of Arrest In India, USA And UK - BW Legal World - April 11th, 2023 [April 11th, 2023]
- Jalil Muntaqim: The time to end prison slavery is now - The Real News Network - April 11th, 2023 [April 11th, 2023]
- Race and the Fourth Amendment: Defendants Raise Issue in ... - Law.com - April 9th, 2023 [April 9th, 2023]
- Why Founding Fathers passed the Third Amendment to the ... - Tennessean - April 9th, 2023 [April 9th, 2023]
- The journey of the Constitution - Pakistan Observer - April 9th, 2023 [April 9th, 2023]
- Former MPD officer sued - McMinnville - Southern Standard - April 9th, 2023 [April 9th, 2023]
- No, the RESTRICT Act wouldnt give the government access to data from your home devices - WCNC.com - April 9th, 2023 [April 9th, 2023]
- Analysis: How Strict Enforcement of Strict Gun Laws Begets ... - The Reload - April 9th, 2023 [April 9th, 2023]
- New York Court Rules Due Process Must be Considered for 'Red ... - National Shooting Sports Foundation - April 9th, 2023 [April 9th, 2023]
- Opinion: Democracy can't exist without "legal technicalities" - The Connecticut Mirror - April 9th, 2023 [April 9th, 2023]
- Commentary: Police and District Attorneys Dont Want to Give Up ... - The Peoples Vanguard of Davis - April 9th, 2023 [April 9th, 2023]
- POLICE AND COURT BRIEFS: Rural Retreat man facing charges in ... - Southwest Virginia Today - April 9th, 2023 [April 9th, 2023]