A much-anticipated internal investigation into how the FBI uses information it has obtained through bulk collection activities is being disrupted, according to testimony provided to Congress on Wednesday.
Department of Justice Inspector General Michael Horowitz informed members of the Senate Judiciary Committee that he hasn’t been provided unfettered access to documents necessary to conduct the review.
“Just yesterday, I’m told, in our review of the FBI’s use of the bulk telephony statute–a review this committee has been very much interested in our doing–we got records with redactions,” Horowitz testified, saying that the FBI had “identified legal concerns about” releasing information to the IG office.
Wednesday’s hearing focused on a DOJ Office of Legal Counsel opinion last month, which upheld the department’s ability to restrict the IG’s access to certain types of information related to grand jury documents, wiretaps, and consumer credit record subpoenas.
The information was readily available to the DOJ watchdog before 2010, when the department decided to no longer make the office privy to it.
Horowitz noted, however, that the redactions in the bulk collection surveillance review had nothing to do with the three aforementioned types of records—a sign that the department is expanding restrictions on IG access to information.
He also told Senators that the FBI has identified “at least ten other” categories of information that it may not release to the IG’s office, including foreign intelligence data, attorney-client documents, juvenile court records, and information under the Bank Secrecy Act.
“Refusing, restricting, or delaying an Inspector General’s independent access to records and information may lead to incomplete, inaccurate, or significantly delayed findings and recommendations,” Horowtiz testified.
He noted that obstruction has disrupted inquiries into FBI whistleblower retaliation, the bureau’s use of National Security Letters, and the Bureau of Alcohol Tobacco and Firearm’s ill-fated “Fast and Furious” operations.
Horowitz also noted that DOJ stonewalling has delayed his offices investigations into information sharing before the April 2013 Boston Marathon bombing, the department’s handling of sexual harassment and misconduct allegations.
