Friday, February 18, 2011

Justice Department assertion: FBI can get phone records without oversight

Miami Herald

The Obama administration's Justice Department has asserted that the FBI can obtain telephone records of international calls made from the U.S. without any formal legal process or court oversight, according to a document obtained by McClatchy Newspapers.

That assertion was revealed - perhaps inadvertently - by the department in its response to a McClatchy Newspapers request for a copy of a secret Justice Department memo.

Critics say the legal position is flawed and creates a potential loophole that could lead to a repeat of FBI abuses that were supposed to have been stopped in 2006.

The controversy over the telephone records is a legacy of the Bush administration's war on terror. Critics say the Obama administration appears to be continuing many of the most controversial tactics of that strategy, including the assertion of sweeping executive powers...

[Full Article]