FBI Director Shuts Down Surveillance Oversight Office, Raising Concerns

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In a move that’s sparking debate, FBI Director Kash Patel has abruptly closed the Office of Internal Auditing, the internal watchdog responsible for overseeing the FBI’s compliance with surveillance laws. This closure comes despite Patel’s past criticisms of the FBI’s surveillance practices.

The New York Times reported the closure of the Office of Internal Auditing, which was initially established in 2020 by then-Attorney General William Barr. Cindy Hall, the office’s leader, also reportedly retired. The closure of the office and the Office of Integrity and Compliance is purportedly part of an internal reorganization.

The Office of Internal Auditing was created in response to concerns about the FBI’s use of Section 702 of the Foreign Intelligence Surveillance Act (FISA). This law, intended to monitor foreign individuals abroad, has been a source of controversy due to the FBI’s ability to search Americans’ communications collected “incidentally” under its authority, which has led to concerns about warrantless spying.

While Patel has not issued an official statement, experts like Elizabeth Goitein from the Brennan Center for Justice are raising questions. “It is hard to square this move with Mr. Patel’s own stated concerns about the FBI’s use of Section 702,” Goitein told Gizmodo.

The decision is particularly striking considering Patel’s previous stance on Section 702. Following its reauthorization by Congress last year, Patel criticized the law, pointing to alleged instances of misuse by the FBI. Ironically, Patel played a role in highlighting issues with the FBI’s FISA applications during the investigation into potential Russian election interference in 2018. This led to the Justice Department launching a probe that found “basic and fundamental errors” in the FBI’s investigation, prompting Barr to establish the Office of Internal Auditing.

Since becoming FBI Director, Patel’s views on FISA appear to have shifted. During his confirmation hearing, he described Section 702 as a “critical tool” and expressed pride in the reforms implemented. However, critics argue that reforms alone are insufficient without dedicated oversight.

An annual report from the Office of the Director of National Intelligence indicates a decrease in the FBI’s searches for Americans’ information. Nevertheless, experts like Jeramie Scott from the Electronic Privacy Information Center emphasize the need for continued audits and clear accountability to ensure effective oversight of the FBI’s surveillance activities.

Scott stated, “The FBI should maintain its audits, and if they do, the FBI must make very clear who is responsible for continuing the internal audits and ensure the oversight gets done.”

Tags: FBI, FISA, Section 702, Surveillance, Kash Patel