Thoughts, essays, and writings on Liberty. Written by the heirs of Patrick Henry.

“Though the earth, and all inferior creatures, be common to all men, yet every man has a property in his own person: this no body has any right to but himself. The labour of his body, and the work of his hands, we may say, are properly his. Whatsoever then he removes out of the state that nature hath provided, and left it in, he hath mixed his labour with, and joined to it something that is his own, and thereby makes it his property. It being by him removed from the common state nature hath placed it in, it hath by this labour something annexed to it, that excludes the common right of other men: for this labour being the unquestionable property of the labourer, no man but he can have a right to what that is once joined to, at least where there is enough, and as good, left in common for others.”     John Locke,    Two Treatises of Government, Of Property

March 27, 2007

The FBI Lied To Obtain Secret Search Warrants

by Doug Mataconis

The Washington Post is reporting today that the FBI lied to a secret tribunal of Federal Judges authorized to issue search warrants in national security cases:

FBI agents repeatedly provided inaccurate information to win secret court approval of surveillance warrants in terrorism and espionage cases, prompting officials to tighten controls on the way the bureau uses that powerful anti-terrorism tool, according to Justice Department and FBI officials.

The errors were pervasive enough that the chief judge of the Foreign Intelligence Surveillance Court, Colleen Kollar-Kotelly, wrote the Justice Department in December 2005 to complain. She raised the possibility of requiring counterterrorism agents to swear in her courtroom that the information they were providing was accurate, a procedure that could have slowed such investigations drastically.

A internal FBI review in early 2006 of some of the more than 2,000 surveillance warrants the bureau obtains each year confirmed that dozens of inaccuracies had been provided to the court. The errors ranged from innocuous lapses, such as the wrong description of family relationships, to more serious problems, such as citing information from informants who were no longer active, officials said.

This revelation follows the news two weeks ago that the FBI was not following the law in the issuance of so-called “national security” letters. And, more importantly, it’s evidence that the surveillence society is something that cannot be contained. Once given the power to access information for one purpose, law enforcement will inevitably find a way to use it for another purpose, even if they have to lie to do it.


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