The FBI committed a host of violations of Foreign Intelligence Surveillance Act rules by improperly accessing foreign intelligence data while investigating people they believed were connected to the Jan. 6 Capitol riot.
The bureau's wrongdoing was detailed in a heavily-redacted 127-page opinion from the Foreign Intelligence Surveillance Court, which was penned by FISC Judge Rudolph Contreras in April 2022 but was released by the Office of the Director of National Intelligence on Friday.The FISA Court’s 2022 opinion said the U.S.
The portion of the FISA law relates to Section 702, which the ODNI describes as “a key provision" of FISA"that permits the government to conduct targeted surveillance of foreign persons located outside the United States.” It was that portion of the FISA law that the FISA Court exposed new FBI violations for conducting unfettered searches on people with no connection to foreign terrorism.
An FBI officer also ran two searches for someone under investigation"for assaulting a federal officer in connection with the Capitol breach,” and he “could not recall why he had queried raw FISA information, but FBI field office personnel participating in the query audit stated that the FBI viewed ‘the situation in general’ at the time as a threat to national security.
An FBI analyst in January 2021 “conducted a query using an identifier for a presumed U.S. person thought to have been present at the January 6 Capitol breach” and “reviewed the contents of an email retrieved by the query.” The FISA Court said the query also violated the “reasonably likely to retrieve” standard.
The NSD then “assessed that these queries were not designed to find and extract foreign intelligence information, although each person running the queries believed that the U.S. Capitol breach implicated national security, and the field office that sent the leads also had a separate predicated investigation concerning foreign malign influence of the Capitol breach.”
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