J: Transcript from a recent congressional hearing:
Robert Wexler:
Thank you Mr. Chairman. Mr. Director, in January of 2006, the New York
Times reported that the NSA wireless wiretapping program had produced
thousands of leads each month that the FBI had to track down, but that
no Al-Qaeda networks were discovered. During a July 17, 2007 briefing,
FBI deputy director John Pistole indicated that the FBI was not aware
of any Al-Qaeda sleeper cells operating in the United States. In August
of 2007 Congress passed the Protect America Act, giving the
intelligence community greater access to electronic communications
coming into and out of the United States. I have two questions in this
regard.
RW: Has the FBI found any sleeper cells yet? One… Two.
Has the NSA’s wireless wiretapping programs either before the Protect
America Act or after led to the prosecution and conviction of any
terrorists in the United States?
Robert Mueller:
Well, as to your first question as to whether we have found affiliates
or, as you would call them, cells of Al-Qaeda in the United States, yes
we have. Again, I cannot get into it in public session, but I would say
yes we have. With regard to the relationship of a particular case or
individual to the terrorist surveillance program, again that is
something that would have to be covered in a closed session.
RW:
Alright, Mr. Director. An LA Times article from October, 2007 quotes
one senior federal enforcement official as saying quote “the CIA
determined they were going to torture people, and we made the decision
not to be involved” end quote. The article goes on to say that some FBI
officials went to you and that you quote “pulled many of the agents
back from playing even a supporting role in the investigations to avoid
exposing them to legal jeopardy” end quote.
My question Mr.
Director, I congratulate you for pulling the FBI agents back, but why
did you not take more substantial steps to stop the interrogation
techniques that your own FBI agents were telling you were illegal? Why
did you not initiate criminal investigations when your agents told you
the CIA and the Department of Defense were engaging in illegal
interrogation techniques, and rather than simply pulling your agents
out, shouldn’t you have directed them to prevent any illegal
interrogations from taking place?
RM: I can go so far sir as to
tell you that a protocol in the FBI is not to use coercion in any of
our interrogations or our questioning and we have abided by our
protocol.
RW: I appreciate that. What is the protocol say when
the FBI knows that the CIA is engaging or the Department of Defense is
engaging in an illegal technique? What does the protocol say in that
circumstance?
RM: We would bring it up to appropriate authorities and determine whether the techniques were legal or illegal.
RW: Did you bring it up to appropriate authorities?
RM: All I can tell you is that we followed our own protocols.
RW:
So you can’t tell us whether you brought it; when your own FBI agents
came to you and said the CIA is doing something illegal which caused
you to say don’t you get involved; you can’t tell us whether you then
went to whatever authority?
RM: I’ll tell you we followed our own protocols.
RW: And what was the result?
RM:
We followed our own protocols. We followed our protocols. We did not
use coercion. We did not participate in any instance where coercion was
used to my knowledge.
RW: Did the CIA use techniques that were illegal?
RM: I can’t comment on what has been done by another agency and under what authorities the other agency may have taken actions.
RW: Why can’t you comment on the actions of another agency?
RM:
I leave that up to the other agency to answer questions with regard to
the actions taken by that agency and the legal authorities that may
apply to them.
RW: Are you the chief legal law enforcement agency in the United States?
RM: I am the Director of the FBI.
RW:
And you do not have authority with respect to any other governmental
agency in the United States? Is that what you’re saying?
RM: My authority is given to me to investigate. Yes we do.
RW: Did somebody take away that authority with respect to the CIA?
RM: Nobody has taken away the authority. I can tell you what our protocol was, and how we followed that protocol.
RW: Did anybody take away the authority with respect to the Department of Defense?
RM: I’m not certain what you mean.
RW: Your authority to investigate an illegal torture technique.
RM:
There has to be a legal basis for us to investigate, and generally that
legal basis is given to us by the Department of Justice. Any
interpretations of the laws given to us by the Department of Justice….
(talking over each other)
RW:
But apparently your own agents made a determination that the actions by
the CIA and the Department of Defense were illegal, so much so that you
authorized, ordered, your agents not to participate. But that’s it.
RM: I’ve told you what our protocol was, and I’ve indicated that we’ve adhered to our protocol throughout.
RW: My time is up. Thank you very much Mr. Director.