WASHINGTON – FBI Director Robert Mueller Wednesday asked a Senate committee to support renewing provisions of the Patriot Act that are about to expire, saying the authority for wiretapping individuals and other key provisions are essential to fighting terrorism.
Sen. Joseph Lieberman, chairman of the Senate homeland security committee, asked Mueller, Homeland Security Secretary Janet Napolitano and National Counterterrorism Center Director Michael Leiter what Congress could do “that we’re not supporting now that will assist you in the work of counterterrorism.”
Mueller quickly jumped in to say the expiring provisions of the Patriot Act are essential for the FBI.
“Particularly the first two, which relate to the business record provision and secondly the roving wiretaps,” he said.
Mueller was referring to sections 206 and 215 of the law, both of which are set to expire at the end of the year.
Section 215 authorizes the FBI to apply for a court order requiring people to give them any “tangible thing” such as books, records or papers.
“You don’t actually have to show that the records relate to anything anyone has done wrong,” said Michelle Richardson, legislative counsel for the American Civil Liberties Union, which wants congressional oversight of those provisions and of the law generally.
Section 206 allows federal officials to wiretap a person rather than a communication device, a distinction that law enforcement wants because it’s easy for a suspect to quickly change his communication device.
“To me it’s very significant that your first answer was about the Patriot Act reauthorization. I hope my colleagues will keep that in mind,” Lieberman said.
During the hearing, Sen. Jon Tester, D-Mont., complained to Napolitano about the lack of communication between federal authorities and local officials in sparsely populated areas in Montana.
It’s difficult for a police officer from a small town to go 200 miles for briefings at regional fusion centers, which were created at several locations around the country as a central clearinghouse for information from all levels of law enforcement, said Tester.
Napolitano said technology such as teleconferencing will help solve that problem.
But Sen. Carl Levin, D-Mich., was testier in his questioning after Leiter told Levin that there is one number that a local police officer can call to obtain information about an apprehended suspect. Later, however, Napolitano said the opposite, that more than one call would have to be made.
When Levin questioned the conflicting statements, Leiter and Napolitano said they agree on the basic point that there is a centralized location of information. “I think our answers are very consistent,” said Napolitano. “What I’m saying is the process of training and attuning of all law officers about where to call or where to go is still ongoing.”