Homeland Security /
Civil Liberties
Department of Justice and Department of Defense and Government Accountability Office Respond to Congressional Request for Investigation of Alleged NSA Espionage
Washington, DC – The Department of Justice, Department of Defense and Government Accountavility Office have responded to requests for investigations by Rep. Zoe Lofgren (D-San Jose) and 38 other Members of Congress into reports that the President authorized and the National Security Agency (NSA) engaged in espionage of persons inside the United States without obtaining court-ordered warrants.
Department of Justice Response:
January 4, 2006
The Honorable Zoe Lofgren
U.S. House of Representatives
Washington D.C. 20515
Dear Congresswoman Lofgren:
This is in response to your letter of December 20, 2005, in which you and 37 other Members of Congress requested that the Department of Justice Office of the Inspecter General (OIG), the Department of Defense OIG, and the Government Accountability Office (GAO) investigate issues related to surveillance activities by the National Security Agency (NSA). Specifically, your letter raises concerns about the legality and appropriateness of NSA surveillance activities and requests an investigation of, among other things, the Attorney General’s reported actions in authorizing the program.
After reviewing your letter, we have determined that the issue of the Attorney General’s actions in this matter falls outside the jurisdiction of the OIG. Specifically, the actions of the Attorney General or other Department attorneys in providing legal advice regarding the legality of warrantless surveillance by NSA relates to the legal duties of Department attorneys, which falls within the jurisdiction of the Department’s Office of Professional Responsibility (OPR), not the OIG. As a result, we have contacted the Counsel for the Department’s OPR and have forwarded your letter to OPR for its review and any action it deems appropriate.
Given the large number of signatories to your December 20 letter, we would appreciate it if you could share this response with interested Members.
Sincerely,
Glenn A. Fine
Inspector General
United States Department of Justice
Cc: H. Marshall Jarrett, Counsel
Office of Professional Responsibility
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Department of Defense Response:
Jan. 10, 2006
The Honorable Zoe Lofgren
U.S. House of Representatives
Washington, DC 20515-0516
Dear Representative Lofgren:
Thank you for the letter from you and your colleagues dated December 20, 2005, concerning press reports of certain surveillance activates by the National Security Agency (NSA). We have determined that the Inspector General of NSA is already actively reviewing aspects of that program. The NSA’s Office of Inspector General is a well-staffed, highly professional organization with considerable expertise in the oversight of electronic surveillance, and we work closely with them on a number of issues. I should also note that the program you inquire about is highly classified. In light of those facts, and in light of our confidence in the competence and integrity of the NSA Inspector General and his staff, we have referred your letter to him with the suggestion that he review it an d reply through the appropriate channel, which in this instance would be the Chairman and Ranking Member of the House Permanent Select Committee on Intelligence. He has agreed to do so.
I appreciate your expression of concern and trust this letter response to your inquiry. A similar letter has been sent to other Members who cosigned the letter. Should you have any questions regarding this matter, please contact me or Mr. John R. Crane, Assistant Inspector General for Communications and Congressional Liaison at (703)604-8324.
Sincerely,
Thomas F. Gimble
Acting Inspector General
United States Department of Defense
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Government Accountability Office Response:
February 7, 2006
The Honorable Zoe Lofgren
House of Representatives
Dear Ms. Lofgren:
Thank you for your letter of December 20, 2005, jointly signed by a number of your colleagues, asking the Government Accountability Office to investigate reports that the Attorney General authorized personnel at the National Security Agency to conduct warrantless domestic electronic surveillance activities in violation of the Foreign Intelligence Surveillance Act. 50 USC § 1802(a).
As Mr. Ralph Dawn, Assistant Director for Congressional Relations, discussed with Mr. Praveen Goyal, we are unable to accept your request for two reasons. First, our analysis of your request reveals that an audit of the reported acts of domestic electronic surveillance activities would necessitate reviewing and assessing highly classified government records involving the government's sources and methods of identifying and tracking persons associated with international terrorist organizations. While GAO has broad statutory audit and agency-records access authority, our ability to enforce access to records related to foreign intelligence or counterintelligence activities is specifically limited by law. 31 USC § 716(d) (1) (A). Accordingly, the Comptroller General has determined that GAO will not attempt to conduct audits that would necessitate a review and assessment of such highly sensitive intelligence community records without the express support of one or both of the congressional select intelligence oversight committees. Second, it is our understanding that the allegations in your request regarding unlawful government actions are currently being reviewed in several federal district courts. It is GAO's longstanding policy, as outlined in our congressional protocols, not to conduct work on matters pending before judicial forums. It would not be appropriate for us to undertake this review while the litigation is ongoing.
Please know that we appreciate your interest in GAO, and we regret that we cannot be of assistance on this matter. If we can be of future assistance, please contact Mr. Ralph Dawn at 202-512-4544.
Sincerely,
Gloria L. Jarmon
Managing Director
Congressional Relations
Government Accountability Office
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